THE Constitution Review Commission has recommended placing the Republic of Fiji Military Forces more clearly under civilian authority and requiring Parliament to authorise its domestic deployment.
The recommendation would clarify that the military’s primary role is external defence, while allowing it to act as an aid to civil power domestically only when authorised by Parliament.
The commission said the proposed changes were informed by public submissions, including one from the military.
It said the amendments would address what it described as a “constitutional guardianship” loophole that had historically been used to justify military intervention in political processes.
While one submitter argued that the military should remain a guardian of the Constitution, the commission said its wider recommendations were intended to strengthen democratic accountability, the independence of constitutional offices and the separation of powers.
Under the proposed framework, the Commander of the RFMF would remain under the executive command of Cabinet through the Minister responsible for the military.
The commission also recommends establishing a Military Court and giving the National Security Council a role in the state of emergency process.
A state of emergency involving the military would be called by Cabinet on the recommendation of the National Security Council and would then require confirmation by Parliament.
“These changes would ensure the RFMF is subordinate to civilian rule, with its domestic role clearly defined and subject to constitutional safeguards,” the commission said.
