The Government will undertake a comprehensive review of the Republic of Fiji Military Forces Act 1949, a process aimed at modernising Fiji’s defence legislation and strengthening civilian oversight of the armed forces.
The review will be led jointly by the Ministry of Defence and Veterans Affairs and the Republic of Fiji Military Forces, with support from the Fiji Law Reform Commission and the Office of the Solicitor-General.
It is expected to result in a new Defence Act, taking into account recommendations from Fiji’s National Security and Defence Review.
Permanent Secretary for Defence and Veterans Affairs, Mason Smith, said the current legislation no longer fully reflects Fiji’s contemporary security environment.
“The National Security and Defence Review identified the urgent need to modernise the RFMF Act to address emerging security challenges and improve civilian oversight within the defence sector,” Mr Smith said.
The Government has endorsed the review as part of the National Security Strategy 2025–2029 and has committed to introducing a new Defence Bill to Parliament in 2026.
According to the terms of reference, the review will examine shortcomings in the existing law and recommend reforms to align Fiji’s defence framework with international best practice.
“The objective is to ensure our defence legislation reflects current operational realities, affirms the primacy of civil authority, and strengthens parliamentary oversight of the RFMF,” Mr Smith said.
Key reform areas include establishing a clear legal basis for the RFMF Naval Division, codifying maritime defence and border security responsibilities, and improving inter-agency coordination, particularly in support of the Fiji Police Force during emergencies and disasters.
The review will also examine the powers of the Minister responsible for Defence, the role of the Ministry of Defence and Veterans Affairs in providing civilian oversight, and the legal framework governing RFMF intelligence functions.
Options to clarify the constitutional role of the RFMF under Section 131 of the Constitution will also be considered, including possible legislative or constitutional amendments that may be referred to the Constitutional Review Committee.
Public consultation will form a key part of the process. The review is scheduled to begin in February 2026 and will include public hearings as well as written submissions. An issues paper containing consultation questions will be released early to guide public input.
The final report and draft legislation are expected to be submitted to the Minister for Defence and Veterans Affairs and the Attorney-General by 30 April 2026.
