Immunity laws spark debate

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Former attorney-general Graham Leung during the ‘Amending Fiji’s Constitution’ dialogue at the FNU Nasinu Campus on Friday night. Picture: JONA KONATACI

Calls to revisit Fiji’s constitutional immunity provisions have reignited debate over justice and stability.

The issue took centre stage during the ‘Amending Fiji’s Constitution’ dialogue held at the Fiji National University’s Nasinu Campus on Friday.

While some warned change could threaten national unity, others question whether true accountability has ever been served.

Former deputy prime minister Manoa Kamikamica said Fiji’s constitutional immunity provisions should remain unchanged, warning that revisiting them could “risk national stability”.

Mr Kamikamica argued that the country’s ability to move forward was largely due to the protections offered under immunity clauses.

“If you look at from the first coup, we only were able to progress because of the immunity provision,” he said.

“So if we are to dare and open it up, you are setting yourself up for much instability.”

Mr Kamikamica said while some may feel accountability was necessary, the country must focus on moving forward.

“Instead, let’s try to secure the future for the young people.”

However, former attorney-general Graham Leung offered a differing perspective, cautioning against overlooking the past.

“It is controversial and sensitive. But I respectfully disagree with honourable Kamikamica.

“Some people think, okay, so you did a coup in 1987 and now you are Prime Minister, and you got constitutional protection, you can’t be taken to court because you are immunised.”

Mr Leung said George Speight went to jail for 20 years because he tried a coup and failed.

“Where is the fairness in that? So what lesson are you teaching the children of Fiji?”

However, he acknowledged the complexity of the issue, warning that any attempt to revisit immunity provisions would carry significant risks.

“So how do you rewind 30 years? How do you turn the clock back 30 years? To be honest, I don’t know what the answer is.”

Mr Leung suggested that the matter may ultimately fall to the Constitutional Review Committee as national discussions on potential reforms continue.