Apenisa Waqairadovu 
[Photo: FIJI GOVERNMENT/ FACEBOOK]
The Constitution Review Commission is recommending the removal of broad immunity protecting people involved in past coups.
The recommendation follows submissions from members of the public and the Republic of Fiji Military Forces, with concerns raised about equality before the law and accountability.
The Commission says there was overwhelming support in submissions for deleting the immunity provisions in Chapter 10 of the 2013 Constitution.
Chapter 10 provides broad protection from criminal, civil and professional liability for certain actions linked to Fiji’s political history.
The RFMF also called for greater constitutional clarity around its role and affirmed the supremacy of civilian authority.
It proposed that any future immunity should be conditional on truth-telling about what happened and who was responsible.
However, the Commission acknowledges a major legal hurdle.
The Supreme Court has previously determined that the immunity provisions are entrenched and cannot be amended, with the Court finding they played a role in Fiji’s transition from military rule to democracy.
Despite this, the Commission’s primary recommendation is to repeal Chapter 10 and related provisions in Chapter 12 by removing Section 159.
It has also proposed two alternative pathways, including asking the Supreme Court to reconsider its earlier determination, or introducing measures to reduce the impact of the existing immunity if repeal is not achieved.
The Commission says its recommendations are aimed at addressing concerns raised during consultations about the rule of law and equality before the law.
