Remove immunity, no one is above the law: Narsey

Economist Professor Wadan Narsey has called for the removal of the immunity provisions in Fiji's 2013 Constitution, arguing that no one should be above the law and warning that retaining them would undermine accountability and encourage future coups.

In his written submission to the 2026 Constitution Review Commission (CRC), Professor Narsey said the immunity clauses should be removed because they weakened the rule of law and denied justice for past political upheavals.

He said those responsible for the 2006 coup had never been punished for what he described as treason, while the Constitution granted broad immunity to those involved in both the 2000 and 2006 coups.

Professor Narsey also questioned why there had been no accountability for the deaths of five Counter Revolutionary Warfare (CRW) soldiers who died in military custody after the 2000 mutiny.

"It cannot be disputed that punishment for those who break the rule of law is crucial to the existence of the rule of law," Professor Narsey said.

He argued the immunity provisions were inconsistent with the principle that everyone should be equal before the law.

Professor Narsey also criticised the Supreme Court's opinion that the immunity provisions should remain unchanged despite acknowledging they detracted from the rule of law and equality before the law.

He said the court's reasoning that immunity may have been necessary to support Fiji's transition from military rule to democracy was open to debate.

Professor Narsey maintained there was a key legal distinction between the immunity granted to those involved in the 1987 coup and the immunity contained in the 2013 Constitution.

He said the immunity relating to the 1987 coup formed part of the 1997 Constitution, which was approved by a democratically elected Parliament, while the 2013 Constitution was imposed without parliamentary approval or a referendum.

Professor Narsey said retaining the current immunity provisions would reinforce the belief that those who seized power could later protect themselves from prosecution through constitutional changes.

He urged the Constitution Review Commission to recommend removing the immunity clauses from any new constitution, saying Fiji had a historic opportunity to end what he described as a cycle of constitutional immunity for political crimes and strengthen the rule of law.