FIJI’S Police Act is on the operating table.
For the first time in more than half a century, the Government is rewriting the 1965 law that governs the nation’s police force.
Amid the public consultations, one of Fiji’s experienced legal minds has issued a stark warning: reform must strengthen, not weaken, the independence of the Fiji Police Force and rebuild the trust of the people it serves.
Ana Rokomokoti, an Assistant Professor of Law with more than 28 years’ experience as a legal adviser, prosecutor, defence counsel and adjudicator, submitted a detailed paper urging legislators to draw a clear line between policing, politics and private interests.
“Perceived bias is bias,” she cautioned. “All care and caution must be taken to ensure the independence of the office of the Commissioner.”
Guarding the Commissioner’s independence
In her submission, Ms Rokomokoti argued that the command and control of the Fiji Police Force “must always be vested in the Commissioner and never at any time be politicised”, and that the law must shield the office from undue influence “whether these influences come through the guise of business sponsorship, political and diplomatic channels, intelligence and security links, economic or material dependence, cultural and ideological influence, corruption and personal ties”.
She also warned against the casual use of the police logo or name in partnerships that may undermine its neutrality.
At a time when surveys show public confidence in state institutions is falling, she said the force must show in words and actions that it is impartial and acts solely in the public interest.
“The reform law must ensure the office of the Commissioner of Police and the FPF as an institution are bound by rules and regulations that prevent conflict of interests, risks, further erosion of public trust, unequal influence, dependence and institutional weakness,” she said.
Fixing the chain of command
A major theme of Ms Rokomokoti’s submission is legal clarity. She wants the new Act to prescribe the Fiji Police Force’s top hierarchy, arguing that enshrining structure in law would:
n make clear the chain of command;
n ensure accountability and prevent unauthorised structures; and
n prevent frequent politically motivated restructuring.
She said a defined structure also clarified who could be held responsible for misconduct or failure.
“Without legal structure, a government could easily politicise the police by creating new posts or bypassing ranks,” she warned.
While recognising that crime evolves and policing must be flexible, she said the law could prescribe the upper tiers of the organisation while leaving operational units to adapt to changing conditions.
Raising standards for senior officers
Ms Rokomokoti also proposed minimum qualifications for the force’s senior leadership.
At director level, assistant commissioner, deputy commissioner and above, she said officers should have at least 25 years’ experience across key policing areas, criminal detection, investigation, traffic, intelligence, operations, prosecution, cybercrime and transnational organised crime and, ideally, a master’s degree in policing or a related field.
These prerequisites, she argued, would compel the force to rotate officers through different divisions and identify potential leaders early.
“The emphasis must be on years of experience and service within the FPF. This will ensure that the top jobs remain within the FPF,” she said. However, she acknowledged that overly rigid criteria could be restrictive, narrowing the pool of candidates. Striking the right balance, she said, would be essential.
Drawing a line between police and military roles
Another red flag in the draft working document, according to Ms Rokomokoti, is the inclusion of “security” in the list of police functions.
She noted that under section 131(3) of the 2013 Constitution, “it shall be the overall responsibility of the Republic of Fiji Military Forces to ensure at all times, security, defence and wellbeing of Fiji and all Fijians”.
She warned that duplicating military duties could blur the lines between civil and military roles and create confusion.
“The role of the police is easily distinguishable from that of the military,” she wrote. “Whilst the military deals with external threats … the police focus on internal order, crime prevention, law enforcement, community safety.”
Protecting recruits’ rights
Ms Rokomokoti is sharply critical of a proposal to disqualify potential recruits who refuse to provide biometric or DNA samples.
She calls it “coercion disguised as consent” and a direct breach of fundamental rights enshrined in international conventions and the 2013 Constitution.
“DNA is not essential for policing duties, especially for recruitment purposes,” she argues. Disqualifying a recruit on this basis imposes “an unnecessary and disproportionate barrier” and risks discriminating against aspiring officers while other civil servants are spared. Such a clause would “arbitrarily exclude” Fijians whose hearts are set on policing and narrow the talent pool, she warns.
Arming or disarming the police
Should Fiji’s police be routinely armed? Ms Rokomokoti says no – at least for now.
Although Section 5 of the current Police Act entitles officers to carry arms, the force has traditionally performed its duties unarmed and used weapons only for ceremonial purposes.
“It is highly likely that such was the intention of this law,” she wrote in her submission.
The submission recommends retaining the section but subdividing it to specify when weapons may be used and granting the Commissioner discretion on a case-by-case basis.
Instead of routine arming, Ms Rokomokoti urged investment in non-lethal options such as Tasers, pepper spray, batons and body cameras, highlighting the strength of the force’s Community Policing Arm as a valuable asset in crime prevention.
At the same time, she acknowledged that the presence of serious drug cartels and the seizure of 4.15 tonnes of methamphetamine in Fiji should prompt an assessment of the implications for police roles and the carriage of lethal weapons in future.
Tackling crime on social media
The submission devotes significant space to online crime.
Ms Rokomokoti points out that offences such as cyberbullying, harassment, online fraud, hate speech, incitement to violence, disinformation campaigns and child exploitation are now prevalent on virtual platforms.
She calls for the police system created under the reform to be “robust and quick enough to arrest the continuity of offences” and says the force must have the powers to intervene when offences are being committed online.
This includes powers for monitoring and intelligence gathering on terrorism, riots and hate speech; digital forensics to collect and analyse evidence from social media accounts; and, with warrants, to request user information and IP addresses from platforms.
She also urges collaboration with the Online Safety Commission and oversight mechanisms to prevent misuse of these powers.
A chance to modernise and rebuild trust
Ms Rokomokoti frames the Police Act reform as an opportunity to modernise policing while reaffirming neutrality and public trust.
She draws on examples from Tonga and other Pacific jurisdictions but stresses that Fiji must craft its own laws in its own context.
“What the law reform should ensure is that a police state is not created,” she writes. “The reforms must not manipulate the laws to justify control. As to surveillance, mass surveillance must be prohibited, and any surveillance must be done with warrants.”
She argues that by embedding accountability, clear structures and respect for rights, the new Act can set professional standards and provide avenues for redress when those standards are not met.
That, she says, will protect not just citizens but also police officers, giving them clarity in their duties and powers.
Why it matters
The Fiji Police Force is grappling with rising drug trafficking, cybercrime and public scepticism.
The last major update to its governing law predates independence.
With the National Security and Defence Review 2024 and the National Security Strategy 2025 already in place, the stakes for a modern, rights-based police law are high.
Ms Rokomokoti’s submission is not just a critique but a roadmap.
It calls on lawmakers to resist quick fixes and political pressures and instead build a legislative framework grounded in human rights, democratic accountability and community trust.
As Parliament considers the Police Act reform, Ms Rokomokoti’s message is clear: Fiji’s policing laws must enshrine independence, professionalism and public trust or risk weakening the very security and justice the force is tasked to protect.
