THE Fiji Trades Union Congress (FTUC) has called for urgent clarification of the constitutional provision governing the Republic of Fiji Military Forces, warning that its current wording could be open to broad and potentially dangerous interpretations.
Making submissions before the Constitution Review Commission (CRC) yesterday, FTUC general secretary Felix Anthony raised concerns over Section 131(2) of the 2013 Constitution which stated that “it shall be the overall responsibility of the Republic of Fiji Military Forces to ensure at all times the security, defence and wellbeing of Fiji and all Fijians”.
Mr Anthony said the provision had long been debated and continued to create uncertainty about the limits of military authority.
“There’s been considerable debate on this issue more recently and in the past as well, and there are various interpretations when it comes to Section 131(2),” he said.
He questioned whether the wording could be interpreted as allowing the military to move beyond its traditional defence role.
“Does this mean that they can take over the role of Government and replace Government in doing so? Or would they be subject to civil authority or a civil government.
“There needs to be more clarity in this provision as to what is meant by overall responsibility.”
He warned that without clearer constitutional limits, the provision could be misused.
“There’s one interpretation here which is if the military does take over, it’d be quite legal for them to do so because the Constitution allows them to do so.
“We won’t have any more illegal coups in this country. It’ll be all legal. That’s what we’ve been told.”
He stressed that in a democratic system, the military must remain under civilian control.
“We believe that any military force must report to a civilian government. That’s how it would work in a normal democracy.”
Mr Anthony added that the military should continue to report through the Minister of Home Affairs and remain accountable to the elected government of the day.
