The Constitution Review Commission has recommended strengthening the Constitution to rule out immunity for any future attempts to contravene the country’s supreme law.
The recommendation appears in the Commission’s proposals on constitutional supremacy and follows its consideration of Fiji’s history of coups and the future constitutional role of the Republic of Fiji Military Forces.
The Commission recommends strengthening the supremacy provisions contained in Section 2 of the 2013 Constitution by explicitly “ruling out immunity for any future contravention attempts”.
The proposal would seek to prevent constitutional protection from being granted for future actions that unlawfully overthrow, suspend or otherwise contravene the constitutional order.
It comes alongside recommendations to reinforce the supremacy of democratic civilian rule and make clear that the military is subordinate to civilian authority.
The Commission said Fiji’s experience with coups had influenced submissions during the review.
“Fear of the military, given its responsibility for coups in Fiji’s past, cast a shadow over earlier efforts at constitutional reform,” the report states.
The Commission also considered a submission proposing that the military remain the custodian of the Constitution but concluded that constitutional responsibility should not rest with one institution.
“On further deliberation, the Commission decided that this role of custodian is shared by all officers of the State and all citizens alike,” the report states.
It has recommended amending Section 131 to clarify that the RFMF’s principal role relates to external threats, while its involvement as an aid to civil power would be subject to civilian authority.
The proposed prohibition on future immunity forms part of the Commission’s broader recommendations aimed at strengthening constitutional supremacy and accountability.
The recommendation concerns future contraventions and does not, on the wording provided, itself remove or invalidate immunity already provided for past events.
