Fiji Law Society opposes future immunity for coup-makers

The Fiji Law Society (FLS) has called for a constitutional provision preventing future coup-makers from receiving immunity from prosecution.

It warned that Fiji’s history of coups has severely damaged its democracy.

Society president Graham Leung raised the issue in submissions to Parliament’s special committee examining the proposed Constitution amendment Bill 32 of 2026.

The Society opposes any future grant or extension of immunity under clause 206 of the Bill, while recognising historical immunity provisions in line with the Supreme Court’s reasoning.

“The coup culture must cease. It has severely eroded Fiji’s democracy and has set the country back,” Mr Leung said.

“The cost of the damage caused by the coups has been huge and continues to inflict wounds on the country."

The Society argues that future unconstitutional seizures of power should not be shielded from legal accountability through immunity provisions.

It recommends a law making clear that immunity cannot lawfully be granted to anyone found guilty of treason or attempting to remove a government in the future.

The Society’s position is that permanent constitutional immunity sits uneasily with constitutional supremacy, equality before the law and the rule of law.

Mr Leung said the country had gone through four constitutions, and Bill 32, if enacted, would result in a fifth.

“Frankly, the people of this country are suffering from coup fatigue. They are sick and tired of the constant changes to the supreme law, and rather than being a vehicle for national unity, the Constitution has become a fountain of division and discord,” he said.

The Society said constitutional reform should strengthen democracy, the rule of law and national unity, rather than create opportunities for future unconstitutional seizures of power to escape accountability.