Government advisors are facing scrutiny once again, this time regarding the creation of the Truth and Reconciliation Commission (TRC). Jioji Kotobalavu, former Permanent Secretary for Home Affairs and current law lecturer at the University of Fiji, highlighted that the issue lies with civil service advisors to ministers, who should be well-versed in legal matters, including the Constitution.
Kotobalavu noted that the government’s initiative for the TRC appears to lack awareness of the entrenched state immunity clause in Chapter 10 of the 2013 Constitution. He expressed concern that the proposed TRC would be ineffective for victims of severe human rights violations because the primary offenders were personnel from the Republic of Fiji Military Forces (RFMF), who benefit from blanket immunity regarding their actions under this constitutional provision.
According to the 2013 Constitution, individuals involved in coups are granted general immunity under specific Political Events. Chapter 10, Section 156 (1) stipulates that immunities given to certain persons in relation to designated political events will remain in effect.
The TRC steering committee, led by Assistant Minister for Women Sashi Kiran, includes several other ministers in its membership. The committee is tasked with overseeing the reconciliation process.
Additionally, RFMF Commander Major-General Ro Jone Kalouniwai emphasized the importance of completing the internal reconciliation and restoration program within the military prior to engaging in national reconciliation efforts. He stressed that building trust and confidence with the public is crucial for the RFMF’s image.
On a recent occasion, the RFMF organized a reconciliation walk aimed at fostering understanding and healing between military members and civilian populations. The event included participation from senior officers, RFMF personnel, and family members, showcasing the military’s commitment to peace and the well-being of citizens.
Regarding the immunity clause in the Constitution, Major-General Ro Jone stated that it is up to the Government to make decisions on the matter and that the military would defer to those decisions.
In contrast, former Prime Minister Mahendra Chaudhry criticized the RFMF for not participating in public consultations on the TRC and prioritizing internal matters. Assistant Minister Kiran noted that everyone is entitled to their opinion on the process but refrained from elaborating further.