[Photo: FILE]
The Fiji Law Society is calling for a legal safeguard to prevent anyone found guilty of treason or attempting to overthrow an elected government from receiving immunity under a future constitution.
FLS President Graham Leung states that Fiji must end its coup culture, warning that repeated unconstitutional changes of government have severely damaged democracy and continue to hold the country back.
Presenting the Society’s submission to the Special Parliamentary Committee reviewing Bill 32 of 2026, Leung said the law must make it clear that future coup perpetrators cannot escape legal accountability through immunity provisions.
The Society recognises the Supreme Court’s position on historical immunities but strongly opposes any new grant or extension of immunity from the commencement of a new constitution.
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This comes as the Government defends retaining immunity provisions in the proposed constitution.
Minister for Mineral Resources Filimoni Vosarogo had said the government’s position was to retain existing immunity provisions in line with the Supreme Court’s opinion.
During public consultations in Sigatoka, Vosarogo said maintaining the protections was linked to national stability.
He also referred to a cut-off date for past actions covered by immunity, saying further indiscretions would not be allowed immunity.
However, the FLS argues that future immunity would undermine constitutional supremacy, equality before the law and accountability.
Leung said the cost of the damage caused by the coups had been huge and continued to inflict wounds on the country.
The Society recommends a law prohibiting immunity for anyone found guilty of treason or attempting to remove a government in the future.
It argues that political authority must come from the Constitution and that no future government should be able to shield those responsible for an unlawful seizure of power
from prosecution.
The FLS says constitutional reform must strengthen the rule of law, protect democratic institutions and prevent Fiji from repeating its history of coups.