Government advisors have found themselves under scrutiny once again, this time regarding the establishment of the Truth and Reconciliation Commission (TRC). Jioji Kotobalavu, a former Permanent Secretary for Home Affairs and current law lecturer at the University of Fiji, pointed out that the responsibility lies with civil service advisors to ministers, highlighting the need for a thorough understanding of the law, including the Constitution.
Kotobalavu stated that the Ministry involved in the TRC initiative appears to be unaware of the entrenched state immunity provision outlined in Chapter 10 of the 2013 Constitution. He argued that the proposed TRC would offer little support to victims of severe human rights violations, particularly since many of the alleged perpetrators are members of the Republic of Fiji Military Forces (RFMF), who are granted broad immunity under these constitutional provisions.
The 2013 Constitution provisions provide general immunity to those involved in coups or related political events. Specifically, Chapter 10, Section 156 (1) ensures that immunities for designated individuals relating to specific political events will remain in effect.
The TRC steering committee is led by Assistant Minister for Women, Sashi Kiran, who reports directly to the Prime Minister. Other members include 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 related effort, Major-General Ro Jone Kalouniwai, Commander of the RFMF, emphasized the priority of completing the internal RFMF reconciliation and restoration program before engaging in a national reconciliation process. He stated that building trust and confidence with the public is essential and suggested that internal reconciliation would enable military personnel to effectively participate in the national dialogue.
On Saturday, the RFMF conducted a reconciliation walk from the Suva Flea Market to Albert Park, attended by President and Commander in Chief Ratu Wiliame Katonivere, Major-General Ro Jone, senior officers, and RFMF personnel along with their families. This “Walk for Reconciliation” aimed to foster understanding and healing between the RFMF and the civilian population, underlining the military’s commitment to peace and the well-being of citizens.
Responding to concerns around the 2013 Constitution’s immunity clause, Major-General Ro Jone stated that it was up to the government to decide on further actions regarding the matter. Meanwhile, Kotobalavu praised the RFMF Commander for his timely reconciliation efforts, commending his leadership in promoting healing and unity within the military.
However, former Prime Minister Mahendra Chaudhry criticized the RFMF for prioritizing internal processes and not participating in public consultations regarding the TRC. In response, steering committee chairperson Ms. Kiran acknowledged the right of all individuals to express their views on the process but chose not to comment further.