Fiji Law Society calling for immunity provisions to be reviewed. [Photo: FILE]

One of Fiji’s most politically sensitive constitutional issues has returned to the spotlight, with the Fiji Law Society calling for immunity provisions to be reviewed as part of the country’s ongoing constitutional reform process.

During submissions before the Constitution Review Commission this morning, President of the Fiji Law Society Wylie Clarke argued that immunity provisions sit uneasily alongside democratic principles, the rule of law and accountability measures that the Constitution seeks to uphold.

Clarke says constitutional protections should not permanently shield individuals from legal scrutiny where serious wrongdoing is concerned.

“The discussion should be had as these immunity provisions stand out because they are the complete antithesis of the values and principles of democracy, human rights and the rule of law.”

The Society President recommended that future constitutional arrangements should not allow immunity for unconstitutional overthrows, serious human rights violations, torture, unlawful killings, enforced disappearances, sexual violence, corruption, abuse of office or other serious criminal conduct.

The CRC commissioners acknowledged the sensitivity of the issue during discussions, noting that immunity remains among the most complex constitutional questions facing the review process.

CRC Commissioner Cornway Beg noted that the issue had been raised repeatedly in submissions and referred to legal complexities surrounding the subject.

The Society also proposed that courts should retain authority to determine the legality, scope and application of immunity provisions.

While existing constitutional immunity clauses apply to specific historical periods and circumstances, Clarke argues that any future constitutional settlement should clearly prevent similar protections from being granted again.

“You have to draw a line under this. This continues to be an issue that stands out when lawyers and scholars examine the constitutional framework.”

Other senior legal experts such as former Attorney-General Graham Leung and Senior Lawyer John Apted are also expected to provide their submissions to the Commission later today.