Immunity clause criticised | Matanatabu: Accountability key to healing

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Eremasi Matanatabu testifying before the Commission. Picture: FTRC

Healing and reconciliation can only be achieved when perpetrators of human rights violations are held accountable through investigation, prosecution and punishment.

These were the candid words of coup survivor and Lautoka resident Eremasi Matanatabu while presenting at a Truth and Reconciliation hearing in Lautoka.

“In Fiji, the perpetrators have successfully constitutionalised their immunity,” he said.

“This is most frustrating for the victims, when perpetrators essentially write themselves ‘get out of jail free’ cards into law.

“It’s happened twice, and it has created a profound legal and moral dilemma for Fiji.”

He said these perpetrators have “won”.

“They have captured the very highest law of the land, the Constitution, which was supposed to restrain them, to give them immunity.

“Now we have the very people that have given themselves immunity have initiated a Truth and Reconciliation Commission with the purpose of and I quote ‘To promote Social Cohesion through healing and reconciliation by facilitating open and free engagement in truth-telling regarding the political upheavals during the coup periods from the year 1987 and to promote closure and healing for the survivors of these events’.”

He said this mandate of the commission could bring healing but not closure.

“What about the perpetrators?

“Since 1987, there has been no political will to end the coup culture which I can term ‘political failures’.

“The lack of implementation of the many recommendations to end the coup culture made over the last 38 years is perhaps the biggest failure point.

“These recommendations require genuine political will.”

Mr Matanatabu added instead of political will there has been political interference.

“We have had Governments over the last 38 years thinking about, talking about, and now establishing a TRC as a performative gesture to satisfy themselves, but have no genuine accountability.

“This is done by limiting the terms of reference, limiting the budget or even being selective with their choices of Commissioners.

“With the perpetrators in power, the TRC must navigate politically sensitive territory about who was a victim and who was the perpetrator.”