Government advisors are facing scrutiny once again, this time regarding the Truth and Reconciliation Commission (TRC) initiative. Former Permanent Secretary for Home Affairs and current law lecturer at the University of Fiji, Jioji Kotobalavu, has pointed out that the responsibility lies with civil service advisors to ministers, who should be well-versed in the law and the Constitution.
Kotobalavu expressed concerns about the government’s TRC initiative, asserting that the Ministry in charge seems unaware of the entrenched state immunity provisions outlined in Chapter 10 of the 2013 Constitution. He emphasized that the proposed TRC would not benefit victims of serious human rights violations because many of the key offenders were members of the Republic of Fiji Military Forces (RFMF), who are shielded by these immunity provisions.
The 2013 Constitution mandates general immunity for individuals involved in coups and related political events. Specifically, Section 156 (1) of Chapter 10 states that immunities granted for certain political events will continue to be upheld.
The TRC steering committee is led by the Assistant Minister for Women, Sashi Kiran, who reports directly to the Prime Minister. The committee also includes Assistant Minister in the Office of the Prime Minister Sakiusa Tubuna, Assistant Minister for Foreign Affairs Lenora Qereqeretabua, Assistant Minister for iTaukei Affairs Ratu Isikeli Tuiwailevu, and Assistant Minister for Rural and Maritime Development and Disaster Management Jovesa Vocea.
In a separate but related matter, RFMF Commander Major-General Ro Jone Kalouniwai stressed the significance of first completing the internal RFMF Reconciliation and Restoration program before moving forward with national reconciliation efforts. He believes that establishing trust within the RFMF is crucial for fostering public confidence and encouraging open communication from civilians regarding their experiences.
Major-General Ro Jone expressed optimism that successful internal reconciliation would facilitate a similar process at the national level. Recently, the RFMF organized a reconciliation walk from the Suva Flea Market to Albert Park, involving community members and military personnel to promote peace and understanding between the RFMF and the civilian population.
While addressing the constitutional immunity provisions, Major-General Ro Jone indicated that the government has the authority to pursue its course of action regarding the matter. He commended the RFMF’s reconciliation initiatives and praised their leadership in fostering unity and healing.
However, former Prime Minister Mahendra Chaudhry has criticized the RFMF for prioritizing internal reconciliation over participating in public consultations on the TRC. Committee chairperson Kiran acknowledged that everyone is entitled to their views on the process but refrained from further comment.