THE constitutional immunity clause is being blamed for encouraging unlawful actions, with Fiji Trades Union Congress General Secretary Felix Anthony warning it could open the door to future coups if left unchanged.
In a submission to the Constitution Review Committee, Mr Anthony criticised Section 156 which stated that immunities granted to individuals for certain political events under the 2010 decree would continue to apply.
He argued that it risked repeating past mistakes.
Mr Anthony made it clear that previous grants of immunity had set a troubling precedent.
“This provision actually encourages future coups knowing that there will be immunities given,” he said.
“There have been immunities given for all three (coups) before. Anyone doing the same thing in the future will also be given the same immunity and sends a very wrong signal to people.”
He called for the constitution to take a clear and uncompromising stance against coups.
“There must be zero tolerance for any military coup in this country. Period.” He stressed the supreme law must not easily be discarded.
“The constitution must say that no one can come and throw this constitution out just like that because it suits them.”
Warning of the risks ahead, Mr Anthony said the clause must clearly ensure that individuals would not avoid accountability.
“We need to make that very clear, and we’re not doing that with the immunity clause in the constitution. This only encourages someone else who thinks we’ll get away with the immunity again.”
