Government advisors are once again facing scrutiny, 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, stating they should possess a clear understanding of the law, including the Constitution.
He pointed out that the ministry overseeing the TRC is evidently unaware of a provision in Chapter 10 of the 2013 Constitution that grants state immunity. Kotobalavu argued that the proposed TRC would not benefit victims of serious human rights violations against innocent civilians, as the primary offenders are personnel from the Republic of Fiji Military Forces (RFMF), who are protected under these immunity provisions.
According to the 2013 Constitution, individuals involved in coups are granted general immunity under the context of “Political Events.” Specifically, Section 156 (1) of Chapter 10 states that the immunity granted to certain persons for specific political events will remain in effect.
The TRC steering committee, chaired by Sashi Kiran, the Assistant Minister for Women, includes several other members from various governmental departments.
In a related development, Major-General Ro Jone Kalouniwai, the RFMF Commander, emphasized the need to first complete the internal reconciliation process within the military before engaging in a national reconciliation initiative. He stated that establishing trust and confidence within the public is essential to ensure a successful reconciliation process at the national level.
On Saturday, the RFMF organized a reconciliation walk to promote peace and healing between the military and civilian communities. The event featured prominent figures, including President Ratu Wiliame Katonivere and other senior officers, showcasing the RFMF’s dedication to stability and the welfare of citizens.
Regarding the immunity clause in the 2013 Constitution, Major-General Ro Jone stated that it is the government’s responsibility to decide on the matter, expressing hope that the internal reconciliation will allow military members—whether victims or perpetrators—to engage effectively at the national level.
Meanwhile, Kotobalavu praised Major-General Ro Jone for his pivotal role in fostering unity and healing within the RFMF through reconciliation efforts. However, former Prime Minister Mahendra Chaudhry criticized the RFMF for prioritizing internal matters while not participating in public consultations regarding the TRC. Kiran responded that it is everyone’s right to express opinions on the process but opted not to make further comments.