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TRC Controversy: Are Government Advisors Missing the Mark?

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Government advisors are under scrutiny once again, this time regarding the creation 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, criticized civil service advisors for their lack of knowledge regarding the law and the Constitution. He emphasized that the ministry responsible for the TRC initiative appears unaware of the state immunity provisions outlined in Chapter 10 of the 2013 Constitution.

Kotobalavu expressed concern that the proposed TRC would provide no support or value to victims of severe human rights violations, as the primary perpetrators were personnel from the Republic of Fiji Military Forces (RFMF), who are protected by state immunity laws. These laws grant general immunity to individuals involved in coups or other political events as defined by the Supreme Law.

The TRC steering committee, chaired by Assistant Minister for Women Sashi Kiran, includes other members such as Assistant Ministers from various government departments.

On a related note, RFMF Commander Major-General Ro Jone Kalouniwai reiterated the necessity of completing the internal RFMF Reconciliation and Restoration program before proceeding with national reconciliation efforts. He stated that building trust and confidence within the RFMF is crucial for fostering openness among the public regarding their experiences.

Major-General Kalouniwai remains hopeful that the internal reconciliation efforts will allow military personnel, both victims and perpetrators, to participate in national reconciliation efforts in the future. Recently, the RFMF held a reconciliation walk to promote healing and understanding between the military and civilians, demonstrating their commitment to peace and stability.

Regarding the immunity clause in the 2013 Constitution, Major-General Kalouniwai remarked that it is up to the government to decide how to address it. In contrast, Kotobalavu praised the RFMF Commander for his timely reconciliation efforts, acknowledging his leadership in fostering unity within the military.

However, former Prime Minister Mahendra Chaudhry criticized the RFMF for prioritizing internal reconciliation over engaging in public consultations regarding the TRC. Kiran responded by stating that everyone has the right to express their opinions about the process.

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