There is no provision that gives the military guardianship of the 2013 Constitution.
This was shared by constitutional law expert Professor Anthony Regan of the Australian National University (ANU) during the Fiji National University’s Vice-Chancellor’s leadership seminar in Nasinu on Thursday.
Prof Regan said Section 131 (2) of the 2013 Constitution has the only provision about the role of the military.
He said on the face of it, the provision has not given the military a right to be guarantor or guardian of the Constitution as the wording did not give such a duty.
“Militaries around the world are established mainly to deal with outside threats,” Prof Regan said.
He said the military was given internal roles in exceptional circumstances, which were basically emergency situations.
“When that happens, they are given powers outside of their normal constitutional roles for a limited period and in accordance with emergency laws made by the power that holds them accountable.
“The military in Fiji talking about guardianship, they are suggesting they have a role beyond Parliament, beyond Government. It is not stated. It is not there in the words.
“If you ask an outside lawyer with no knowledge of Fiji to interpret that section, they will not see it.”
Prof Regan said he worked closely with the Fiji military in 1994 and 2003 and was impressed with their professionalism and commitment.
He said he was aware of their prowess in peacekeeping operations in the Middle East as RFMF personnel were recognised worldwide.
“I am not criticising the Fiji military.
“I am criticising the notion that the military should be regarded as having a role of unilaterally saying how it guards the constitution.
“Who normally decides whether the Constitution is under threat? The Government of the day is elected to look after the Constitution and to implement it and when there are problems, they can go to the courts.”
Prof Regan said the courts were trained in such matters, and even during states of emergency situations such as coups, it is the court that ultimately decides.
He said such matters should be left to the courts and the Government, and the military should continue what it is trained for, such as protecting Fiji from outside threats and participating in peacebuilding.
Yesterday, RFMF Commander Major-General Ro Jone Kalouniwai said he was aware of Prof Regan’s presentation.
However, since he was away overseas, he did not have enough time to go through the presentation properly.
“Once I do, I can assure you that we will be able to make a comment on it,” he said.
