THE Republic of Fiji Military Forces must know its role and remain subordinate to civilian rule, says Fiji Human Rights Commissioner Alefina Vuki.
Responding to Amicus curiae Andrew Butler, Ms Vuki said the military had been a “fundamental and great problem” in Fiji’s constitutional history.
“I will mention an institution that no one has ever mentioned, and that is the military institution,” she said.
“The military institution should now know that its role is to be a professional institute and to keep itself subordinate to civilian rule, because they have been a source of a fundamental, and great problem in this country.”
Speaking on the four constitutions Fiji has had since independence, Ms Vuki said human rights must be an essential component when considering criteria.
“Now the 2013 Constitution is in its 12th year, three elections held — 2014, 2018, 2022, and the reason we are here is because it’s now facing issues with its legitimacy and efficacy and is now involving two fundamental critical institutions of the state – Parliament and Cabinet, and the judiciary.
“When we look at these two factors — the time factor and elections — in the context of Fiji from the Human Rights Commission, we consider that these two factors alone are not enough to determine the legitimacy and effectiveness of a governing regime.
“This is why we would plead with Your Lordships and Your Ladyship, that a significant concern that we face now is the ongoing acceptance of the people concerning this constitution.”
She said while time and the number of elections held under the 2013 Constitution matter, they were not enough to establish legitimacy.
“Yes, I respect the argument that we had three elections the time factor. Look at the time factor – it’s over 10 years – but when we look at our constitutional history, the time factor and elections are not sufficient.
“There are other considerations that should be taken into account, and a primary consideration is the ongoing acceptance for this constitution by the people of Fiji.”