[Photo: File]

Fiji could be left without a legal remedy if Australia or another treaty partner fails to honour its defence commitments under the proposed Ocean of Peace Alliance.

That is the central concern emerging from parliamentary scrutiny of Article 11, which prevents disputes over the treaty from being taken to national or international tribunals.

Standing Committee Member Ravanawa questioned what would happen if one party failed to meet its defence obligations while the other was facing a national security crisis.

He asked what diplomatic remedies or enforcement mechanisms would remain if arbitration and tribunal proceedings were ruled out.

In response, Permanent Secretary to the Prime Minister’s Office Dr Lesikimacuata Korovavala pointed to good faith and the Pacific way of resolving disputes.

He said the proposed arrangement was built on trust, dialogue and a long history of cooperation between Fiji, Australia, New Zealand and other Pacific countries.

“These are work ahead of us to be able to decode the unknown so that our agencies are able to do what they need to do to protect our sovereignty and our territory within those areas.”

Dr Korovavala referred to joint military training, peacekeeping and humanitarian operations as evidence of that relationship.

But the committee’s question was about what happens when that relationship breaks down.

Article 6 sets out a mutual-defence commitment in the event of an armed attack.

Article 11, however, restricts access to national and international tribunals over disputes concerning the treaty.

That creates a legal uncertainty.

Dr Korovavala said disputes would instead be handled through negotiation.

He described the relationship as a Pacific family, where disagreements should be resolved through discussion and understanding.

The committee also challenged the meaning of an armed attack under Article 6.

Members asked whether a major state-sponsored cyberattack, a maritime blockade or the cutting of undersea telecommunications cables could trigger the mutual-defence provision.

Dr Korovavala did not set out a definitive threshold.

Instead, he said Fiji needed to work with Australia to strengthen its ability to protect critical infrastructure and deal with emerging threats.

He also pointed to gaps in Fiji’s legal and operational capacity, including the challenges of enforcing authority across different maritime zones.

The PS appeared before the Parliamentary Standing Committee on Foreign Affairs and Defence to discuss the proposed Fiji-Australia Vuvale Union and Ocean of Peace Alliance, known as the Veitacini Treaty.