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Immunity clauses under scrutiny in Constitution review talks

August 9, 2024 2:15 pm

Opposition MP Viliame Naupoto [left] and Prime Minister Sitiveni Rabuka [Source: Parliament of the Republic of Fiji/Facebook]

The ongoing discussions regarding a review of Fiji’s 2013 Constitution might have sparked interest within the military, says Prime Minister Sitiveni Rabuka.

He says discussions might have led to reflections within the military, particularly concerning their role in any future constitutional arrangements.

Rabuka drawing from his political journey, explained that his initial foray into politics was centered on communal leadership.

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He says his first political party being based on ethnic lines.

However, Rabuka states his perspective evolved after becoming Prime Minister, a role that required him to represent all ethnicities in Fiji.

He acknowledged that the dynamics of leadership have shifted, necessitating a broader and more inclusive approach.

In his address, Rabuka referenced remarks made by Opposition MP Viliame Naupoto, who highlighted the concerns of the Republic of Fiji Military Forces (RFMF) regarding the potential review.

Rabuka states that there might be speculation within the military about how changes to the Constitution might affect them.

This is particularly regarding the possible removal of immunity clauses.

These clauses, he says have protected individuals involved in past military activities from prosecution.

The military, Rabuka notes may now be now contemplating the implications of these changes.

This he said could potentially lead to trials for actions taken many years ago.

Rabuka also shared insights from a recent presentation by a Professor from the Australian National University, which was organized by the Fiji National University.

The presentation, which Rabuka attended with other government officials, offered perspectives on the complexities of constitutional amendments.

The Prime Minister highlights the significant challenges in achieving the necessary support for any amendments, particularly the high thresholds required by the current Constitution.

He reiterates the need to develop a more practical and achievable formula for amending the Constitution.

The Prime Minister acknowledged the importance of the issue raised by Naupoto.

The Prime Minister says that while the current government has made constitutional review part of its agenda, it is the responsibility of the people, rather than any single political party to lay the foundations of governance.

Rabuka adds that that any amendments to the Constitution must reflect the will of the people and be pursued with careful consideration of the broader implications for Fiji.