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.
Related stories
"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