Jioji Kotobalavu, a former permanent secretary in the civil service and current public law lecturer at the University of Fiji, has called for the review and amendment of the 2013 Constitution before any work is initiated on the Fiji Truth and Reconciliation Commission (TRC). He emphasizes the importance of addressing the provisions related to the ‘State of Immunity’ found in Chapter 10 of the Constitution.
Kotobalavu expresses concern that the existing blanket immunity for public officials, which safeguards actions taken between December 2006 and the first sitting of Parliament, could significantly weaken the TRC’s effectiveness. He asserts that this immunity could obstruct the TRC’s ability to tackle critical human rights violations and may compromise its overall mandate.
He argues that the current provisions hinder justice and prevent accountability for past abuses, ultimately affecting the TRC’s goal of achieving genuine reconciliation. Drawing parallels with South Africa’s successful TRC, which operated without such immunity, he describes Fiji’s constitutional provisions as unjust and a denial of the rights of human rights violation victims.
Although there is strong support for the TRC from leaders like Prime Minister Sitiveni Rabuka and Mahendra Chaudhry, Kotobalavu advocates for a careful and deliberate approach to its establishment. A steering committee is actively engaging in public consultations regarding the proposed TRC. Kotobalavu emphasizes the necessity of reviewing the Constitution’s immunity provisions to ensure the TRC can fulfill its purpose effectively and justly.