The Constitution Review Commission has recommended the repeal of constitutional immunity protecting people involved in past coups, despite acknowledging legal complications arising from a Supreme Court ruling.
The Commission said submissions from both the public and the Republic of Fiji Military Forces called for the removal of broad and unconditional immunity, with submitters arguing that the protections undermine equality before the law and accountability.
“There was universal support in submissions for the deletion of the 2013 Constitution immunity provisions in Chapter 10,” the report states.
The Commission said submitters regarded the immunity provisions as an “ongoing, practical obstacle to justice and accountability”, noting that Chapter 10 provides broad protection against criminal, civil and professional liability.
Its primary recommendation is to repeal Chapter 10 and the protected transitional provisions in Chapter 12 Part D by repealing Section 159.
However, the Commission acknowledges the Supreme Court’s August 2025 Advisory Opinion. The Court recognised Sections 159 and 160, subject to specific modifications, including changes to constitutional amendment thresholds.
The Commission therefore said it would ultimately be for Government and Parliament to decide whether to pursue the proposed repeal in light of that ruling.
It stressed that its recommendation was “not intended to respond to lawlessness with more lawlessness”.
The report proposes a second possible pathway: Government could make another reference to the Supreme Court asking it to reconsider the validity and implications of Section 159, particularly the permanent protection given to Chapter 10 and Chapter 12 Part D.
The Commission acknowledges there is no certainty the Government would pursue such a reference or that the Supreme Court would reach a different conclusion.
If neither pathway succeeds, the Commission proposes a “harm reduction” approach based partly on the earlier Ghai Commission draft.
Under that option, beneficiaries of immunity would be required to take an Oath of Reconciliation and Allegiance, renouncing past actions and committing themselves to democracy and the rule of law.
Separately, the Commission recommends ensuring that no immunity could be granted for future attempts to establish a government outside the Constitution.
The RFMF submission also proposed a constitutional “right to truth” and that immunity be linked to truth-telling, according to the Commission.
The recommendations remain proposals. The report was tabled in Parliament today, and Cabinet has previously said tabling it does not amount to acceptance or adoption of all its recommendations.
