Fiji constitution review recommends scrapping coup immunity and restoring Senate

A review of Fiji's constitution has recommended sweeping changes to the country's supreme law, including scrapping immunity that shields those involved in military coups from prosecution and restoring a two-chamber parliament.

The Constitution Review Commission's report was tabled at a special sitting of parliament in Suva on Tuesday, with MPs given a USB stick with the more than 200-page report to review.

In what political watchers in Fiji have labelled a significant shake-up of the country's political landscape, the changes propose reversing "absolute and irrevocable immunity" to anyone involved in the country's coups of 1987, 2000 and 2006.

This includes current prime minister Sitiveni Rabuka, who was behind the 1987 coups.

Amendments have also been recommended for parts that preserve laws and decrees made under previous military rule.

The commission wants both repealed and any future immunity provisions prohibited — a move supported The Republic of Fiji Military Forces.

Fiji's current constitution came under the military government of Frank Bainimarama, who seized power in a 2006 coup.

The country's supreme court last year found the document carried a "democratic deficit" because it was never put to the people, opening the door to the review.

Return of the Senate

The report also called for a return to a bicameral parliament of 60 seats, with 41 members in a House of Representatives and 19 in a Senate.

It would remove the current single national constituency, under which all 55 MPs are elected from one open list.

Voters would instead elect 26 members from constituencies under a first-past-the-post system, and a further 15 from party lists.

The changes are significant as Fiji is due to head to the polls in February, however it is unclear whether the proposed changes will be introduced before the general vote — or if it would delay the election — with the country's deputy prime minister saying it was "premature" to discuss the matter.

In other proposed changes, the Great Council of Chiefs, abolished by the Bainimarama government and revived in 2023, would be recognised in its own chapter of the constitution.

It would nominate eight of the 19 senators and would also have three of seven seats on a new commission to appoint the country's president.

The military's role would be rewritten to confine it to external defence, with domestic deployment only when authorised by parliament.

Other notable recommendations include giving Rotuma, a self-governing island about 465km north of Fiji's main island, its own chapter and a constitutional path to self-determination.

Experts meanwhile have raised eyebrows at some of the recommendations, with professor in comparative politics at the Victoria University of Wellington, Jon Fraenkel, saying removing unconditional immunity from those involved in coups was significant given it implicated the current prime minister, Mr Rabuka.

"It's easy enough to agree that future coup makers would not have any expectations of immunity," he said.

"It's more difficult to remove protections on past coup makers, which includes the prime minister himself."

Mr Rabuka has previously said the immunity clause did not protect him and that he was "free."

Professor Fraenkel also questioned the recommendation to give Rotuma a constitutional path to self-determination, especially when no great demand existed.

He said the island was very small and most residents lived on Fiji's largest island, Viti Levu.

"It seems to reflect the opinions of those who were on the constitutional review commission, rather than the perception across the country," he said.

What happens next?

Fiji Lands Minister Filimoni Vosarogo said the constitutional amendment bill would be presented to the floor of parliament for three readings.

He said a parliamentary committee would then have at least 30 days to consult before a final vote in the November sitting.

The government needs 37 votes of the 55-member parliament to cement the changes.

If passed, the bill goes to the president and then the electoral commission for a referendum. A separate legislation to run a referendum is before a committee and due back in parliament next week.

Civil society groups have criticised the pace of the process but Attorney-General Siromi Turaga said the government had been transparent.

"It's not rushed, we are the elected representatives of the people," he said.

"It was known from the very beginning that our mandate is to bring a new constitution."

However, Deputy Prime Minister Manoa Kamikamica could not guarantee the timetable would not delay the next election.

"It's probably premature to discuss that at this stage," he said.

"We should be all excited because this is the first time the people of Fiji will be voting on the constitution."

Professor Fraenkel said the government could draw fierce backlash if it tried to push the constitutional review through the readings while the opposition was in disarray.

Fiji's primary opposition party, Fiji First, was liquidated in the years that following the 2022 election, leaving the people who voted for them effectively without representation.

Professor Fraenkel said passing constitutional change could deny a voice to many Fijian people.

"There would be a major problem of inclusiveness in this idea of a constitutional transition, he said.

"It's not an appropriate time to do it ahead of a general election."