Truth Commission upholds privacy of witnesses

The Fiji Truth and Reconciliation Commission (FTRC) cannot publicly name individuals unless they consent or their identity is already legally established, commissioners stressed yesterday.

Commissioner Rachna Nath explained that the commission operates under strict confidentiality provisions, distinguishing it from criminal justice proceedings.

“We’re not a judge, the International Criminal Court (ICC), the criminal justice system, the International Court of Justice, the High Court, the Magistrate’s Court – we’re none of that,” Ms Nath said at a media briefing.

“We are a restorative justice process, completely different from the court system.”

The remarks come amid public debate about why witnesses, including Prime Minister Sitiveni Rabuka during his hearing last month, have not named specific individuals involved in the 1987 coups.

However, Mr Rabuka did indicate that the Great Council of Chiefs and certain senior members of the Methodist Church of Fiji and Rotuma had supported his actions.

Commissioner Ana Laqeretabua noted that Section 59 of the FTRC Act 2024 requires strict confidentiality to protect participants and ensure a safe, survivor-centered process.

“No individual can be publicly named without expressed consent unless their identity has already been legally established or voluntarily disclosed,” Ms Laqeretabua said. She added that names can only be revealed if already in the public domain through previous court cases or proceedings.

Acting Commission chairperson Sekove Naqiolevu reinforced that survivors must give consent before being named publicly.

“We need to get their consent to be able to prepare them. That’s under our Act, that’s under our law,” Mr Naqiolevu said.

The commissioners stressed that their focus remains on survivors’ stories and the harm they experienced, rather than on prosecuting perpetrators.

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