TRUTH RECONCILIATION COMMISSION: 'No Help & Value'

"For the TRC initiative by Government, what is clear is that the Ministry responsible is unaware of the entrenched state immunity provision in Chapter 10 of the 2013 Constitution," Mr Kotoba­lavu said.

Monday 02 September 2024 | 16:16

Government advisors have again come under the spot­light. This time in relation to the establishment of the Truth and Reconciliation Commission (TRC).

Former Permanent Secretary (PS) for Home Af­fairs and current law lecturer at the University of Fiji, Jioji Kotobalavu said the fault was clearly with civil service advisors to ministers. They should know the law, including the Constitution.

"For the TRC initiative by Government, what is clear is that the Ministry responsible is unaware of the entrenched state immunity provision in Chapter 10 of the 2013 Constitution," Mr Kotoba­lavu said.

"The proposed TRC will be of absolutely no help and value to victims of gross violations of hu­man rights on innocent civilians. This is because the main perpetrators were RFMF personnel and they have been granted blanket protection from their crime in these state immunity provisions."

Under the 2013 Constitution, gen­eral immunity is mandated for those who had carried out coups or in the context of the Supreme Law - the 'Political Events'.

Chapter 10 - Immunity, Section 156 (1) states; The immunities granted to prescribed persons for prescribed political events under the Limitation of Liability for Pre­scribed Political Events Decree 2010 shall continue in existence.

The TRC steering committee is chaired by the Assistant Minis­ter for Women, Sashi Kiran. She reports directly to the Prime Min­ister. Other Committee members include, Assistant Minister in the Office of the Prime Minister Sakiusa Tubuna, Assistant Min­ister for Foreign Affairs Lenora Qereqeretabua, Assistant Minister for iTaukei Affairs, Ratu Isikeli Tu­iwailevu and Assistant Minister for Rural and Maritime Development and Disaster Management, Jovesa Vocea

RFMF reconciliation

Republic of Fiji Military Forces Commander Major-General Ro Jone Kalouniwai, on Saturday reiterated the importance of completing the internal RFMF Reconciliation and Restoration programme first.

"I've asked that we continue with ours first. It's important for the RFMF to complete the reconcilia­tion process within the RFMF be­fore we venture to the national rec­onciliation process. It's important for us to do ours first. It's important for us to build that image of trust and confidence for the general public to be able to understand the RFMF has completely reconciled.

"By doing that, it will provide the general public a lot more confi­dence for them to come in and pro­vide their side of the story."

Major-General Ro Jone is optimis­tic that by first undergoing internal reconciliation efforts, military per­sonnel, who were either victims or perpetrators, would be able to do the same at the national level.

On Saturday morning, the RFMF held a reconciliation walk from the Suva Flea Market to Albert Park.

President and Commander in Chief Ratu Wiliame Katonivere, Major-General Ro Jone, senior of­ficers, RFMF personnel and family members took part in the event.

The 'Walk for Reconciliation' in­tent was to promote understanding and healing between the RFMF and civilian populations by demonstrat­ing the RFMF's commitment to peace, stability, and the well-being of citizens.

In regard to the 2013 Constitution immunity clause, Major-General Ro Jone said the onus was on Gov­ernment to do "whatever they want to do but we will leave that with the Government."

Meanwhile, Mr Kotobalavu has commended the RFMF Commander for the timely and necessary recon­ciliation efforts.

"I strongly commend his vision and leadership in bringing about healing and unity within the RFMF though reconciliation."

Criticism

But former Prime Minister Ma­hendra Chaudhry has criticised the RFMF for focusing internally first and not being part of the public consultations on TRC.

Steering committee chairperson Ms Kiran said everyone had the right to have an opinion on the pro­cess, and wished not to comment further.

Feedback: jone.salusalu@fijisun.com.fj