Nunu questions immunity provisions in proposed Constitution
He said the commission had proposed removing the constitutional immunity provisions, while recognising that legal complexities remained and reconciliation could be considered as an alternative way forward.
Saturday 17 October 2026 | 08:00
Members of the special Standing Committee on the Constitution (Amendment) Bill during the public submissions in Nausori on October 15, 2026.
Photo: Parliament of Fiji
Fiji’s proposed new Constitution could retain protections linked to past political upheavals, despite the Constitutional Review Commission (CRC) recommending their removal.
The issue was raised by Patereosio Nunu during Thursday’s Constitution Amendment public consultation in Nausori.
He questioned why the Government’s draft Constitution retained immunity provisions that the commission had recommended removing.
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The provisions, contained in Chapter 14, Sections 204–207, have raised concerns about whether those responsible for unconstitutional actions could be held accountable and whether victims could seek justice.
Mr Nunu said Fiji’s history of political upheavals, including the coups between 1987 and 2006, highlighted the importance of accountability and public confidence in the country’s constitutional system.
He said the commission had proposed removing the constitutional immunity provisions, while recognising that legal complexities remained and reconciliation could be considered as an alternative way forward.
However, the Government’s proposed Constitution retains the provisions, prompting Mr Nunu to question whether sufficient reasons had been given for departing from the commission’s recommendations.
“My concern is whether these changes adequately reflect the views expressed by citizens during the consultation processes, and whether the Government has provided sufficient justification for departing from significant CRC recommendations,” he said.
Mr Nunu said the continued protections raised important questions about equality before the law, accountability for unconstitutional conduct, access to justice for victims and preventing future coups.
He acknowledged that the Government had a role in considering the legal, financial and administrative implications of the commission’s recommendations.
However, he said the Constitution should not be designed mainly to suit the political interests of the Government in power.
Mr Nunu called on the Cabinet subcommittee to reconsider key provisions before the proposed Constitution proceeded to final approval.
He also acknowledged the commission’s work, saying the publication of its reports and draft Constitution on Parliament’s website had allowed people to compare its recommendations with the Government’s proposed changes.
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