Government advisors are once again in the spotlight, this time regarding the formation of the Truth and Reconciliation Commission (TRC).
Jioji Kotobalavu, the former Permanent Secretary for Home Affairs and current law lecturer at the University of Fiji, has pointed out that the responsibility lies with civil service advisors to ministers, emphasizing the necessity of understanding the law, including the Constitution. He stated that the ministry in charge of the TRC initiative appears to be unaware of the entrenched state immunity provisions outlined in Chapter 10 of the 2013 Constitution.
Kotobalavu expressed concern that the TRC would not provide any assistance or value to victims of serious human rights violations, as the main offenders—members of the Republic of Fiji Military Forces (RFMF)—are protected under these state immunity provisions. According to the 2013 Constitution, individuals who have participated in coups are granted general immunity for actions taken during “Political Events.”
Chapter 10, Section 156 (1) specifies that immunities for designated individuals for specific political events will remain in effect as per the Limitation of Liability for Prescribed Political Events Decree 2010.
The TRC steering committee is headed by the Assistant Minister for Women, Sashi Kiran, who reports directly to the Prime Minister. The committee also includes several other assistant ministers from various government offices.
In addition, RFMF Commander Major-General Ro Jone Kalouniwai emphasized the need to prioritize internal reconciliation within the military before engaging in national reconciliation efforts. He believes that establishing trust and confidence internally will encourage the public to share their experiences.
Kalouniwai expressed optimism that internal reconciliation will prepare military personnel, whether victims or perpetrators, for broader national efforts. Recently, the RFMF organized a reconciliation walk from the Suva Flea Market to Albert Park, attended by various military leaders and their families, aimed at promoting healing and understanding between the RFMF and civilian populations.
Regarding the immunity clause in the 2013 Constitution, Kalouniwai stated that it is ultimately the government’s responsibility to decide how to approach the issue.
Kotobalavu praised the RFMF Commander for his timely reconciliation efforts, highlighting the importance of leadership in fostering healing within the military.
However, former Prime Minister Mahendra Chaudhry criticized the RFMF for prioritizing internal matters over public consultations concerning the TRC. Kiran acknowledged the public’s right to express their views on the process but refrained from commenting further.