ANYONE who attempts to overthrow a future government should face mandatory life imprisonment without the possibility of executive or presidential pardons, the Fiji Human Rights and Anti-Discrimination Commission has recommended.
In its submission to the Constitution Review Commission (CRC) on June 30, commissioner Alefina Vuki recommended strengthening Section 2(6) of the 2013 Constitution to ensure future coup perpetrators receive mandatory life sentences.
“Strengthen Section 2 (6) of the 2013 Constitution by amending it to incorporate that future coup actions and those responsible shall be given mandatory life sentences and shall not have access or be granted executive or presidential pardons.”
She also proposed amending Section 119 to prevent the Mercy Commission from considering petitions from people involved in overthrowing a government.
“Section 119 of the 2013 Constitution to be amended to ensure that the Mercy Commission does not consider any petition from, nor recommend to the President for his power of mercy, any person involved in coup actions or the overthrow of a government.”
On the role of the military, Ms Vuki said Section 131(2) should be rewritten.
“Be completely rewritten to clearly and specifically set out the powers, functions or responsibilities of the Republic of Fiji Military Forces.
“The limits to the exercise of these powers, functions or responsibilities; and that the military remains subordinate to the rule of law and to civilian rule exercised through the democratically elected government at all times.”
Ms Vuki recommended amending the Constitution to clearly state that the military must always remain subordinate to civilian rule and the democratically elected government.
“The HRADC proposes the insertion of a sunset provision into the 2013 Constitution expressly stating that all immunity provisions be automatically expunged and removed from the Constitution in 30 years’ time.”
She said the proposed amendment would ensure future generations inherit a constitution free from exceptional provisions linked to past constitutional disruptions and political upheavals.
