Immunity or elections, not both, academic tells forum

Those protected by immunity in the 2013 Constitution should forfeit their right to contest elections, an academic told a constitutional review forum on Thursday.

Academia Mosmi Bhim raised the point during the question-and-answer session at Dialogue Fiji’s panel discussion at the Suva Civic Auditorium.

“For those who want to contest elections, if they want to keep their immunity, they should forfeit their right to contest elections,” Ms Bhim said.

“Because they are saying they are above the law, whereas the rest of us are below the law, and there cannot be two laws in the country.”

The immunity provisions in Chapter 10 of the 2013 Constitution protect certain individuals from prosecution for actions taken during and after the 2006 coup.

Justice Daniel Fatiaki, chairperson of the Electoral Law Reform Commission, asked panellists to address what he called “the elephant in the room.”

“I’d like the panellists to speak about Chapter 10, the immunity provisions,” Justice Fatiaki said.

“That seems to be a pretty common feature in all our constitutions — our coup constitutions anyway.”

Ana Rokomokoti of Fiji National University said any changes to the immunity provisions must be decided by the people.

“If the people of Fiji want the immunity provisions to go, let them say it. Let’s go to a referendum,” Ms Rokomokoti said.