Government advisors are once again facing scrutiny, this time regarding the creation of the Truth and Reconciliation Commission (TRC). Jioji Kotobalavu, the former Permanent Secretary for Home Affairs and a current law lecturer at the University of Fiji, asserts that the responsibility lies with civil service advisors to ministers, who should be well-versed in legal matters, including the Constitution.
Kotobalavu emphasized that the Ministry tasked with the TRC is seemingly unaware of the state immunity provisions outlined in Chapter 10 of the 2013 Constitution. He argued that the proposed TRC would not assist victims of serious human rights violations because the main offenders, personnel from the Republic of Fiji Military Forces (RFMF), are shielded from prosecution due to these immunity provisions.
According to the 2013 Constitution, individuals involved in coup actions are granted general immunity under the ‘Political Events’ provision. Specifically, Chapter 10 – Immunity, Section 156 (1) states that immunity granted to certain individuals for 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 committee members include Assistant Minister in the Prime Minister’s Office 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 related news, Major-General Ro Jone Kalouniwai, Commander of the RFMF, stressed the importance of concluding the internal RFMF Reconciliation and Restoration program before initiating a national reconciliation process. He emphasized that establishing trust and building confidence within the general public is crucial, and completing internal processes will enable military personnel to engage meaningfully at the national level.
On Saturday, the RFMF hosted a reconciliation walk from the Suva Flea Market to Albert Park. The event was attended by President and Commander in Chief Ratu Wiliame Katonivere, Major-General Ro Jone, senior officers, RFMF personnel, and their families. The “Walk for Reconciliation” aimed to foster understanding and healing between the RFMF and civilian communities, showcasing the military’s commitment to peace and the welfare of citizens.
Regarding the immunity clause in the 2013 Constitution, Major-General Ro Jone indicated that any actions from the government will be handled at their discretion. He also received praise from Kotobalavu for his timely reconciliation efforts within the RFMF, highlighting the importance of healing and unity.
However, former Prime Minister Mahendra Chaudhry criticized the RFMF for prioritizing internal reconciliation over participation in public consultations concerning the TRC. Kiran noted that everyone is entitled to their perspective on the process but declined to elaborate further.