Fiji’s Coalition Government is reviewing the military’s legal framework in an effort to modernise it and, among other things, provide clarity on the role and responsibilities of the Republic of Fiji Military Forces (RFMF) as outlined in the 2013 Constitution.
Section 131 of Fiji’s Constitution defines the RFMF’s primary responsibility as ensuring “at all times the security, defence, and well-being of Fiji and all Fijians.”
This provision has, at times, been misconstrued as granting the military the authority to intervene in the country’s domestic affairs including its governance, at its own discretion.
However, Minister for Defence and Veteran Affairs, Pio Tikoduadua, stated that this perception is set to change in light of the ongoing review of the Republic of Fiji Military Forces Act 1949.
The review aims to establish a clear scope within which the RFMF will operate when called upon to assist in domestic security issues.
Speaking at a press conference in Suva, Tikoduadua highlighted that the Police will remain at the forefront of the government’s response to domestic security challenges, including the growing drug problem.
The Army will only be allowed to intervene as a “last resort,” as determined by the Police Commissioner (ComPol).
When asked about the measures in place to ensure that the military remains within its defined role, as set out by the ComPol, and does not overstep its duties when requested to support the Police, Tikoduadua responded: “When and if the military is deployed in support of the Police, it comes with a role that must be exercised under the law, in line with its duties under the Constitution. These are guarded by rules of engagement, powers of arrest, and other issues that the Police are empowered to handle. In special circumstances, the RFMF can be granted these powers, but this is solely at the discretion of the Police Commissioner. The Commissioner must notify his minister and the government if he believes he is unable to manage the situation, stating that the threat requires military assistance to support the Police in performing their duties. These are distinct issues, but military intervention only occurs when there is a real threat to the Police’s ability to do their job.”
Tikoduadua confirmed that a revised RFMF Act is currently with the Office of the Solicitor General and is being reviewed with input from New Zealand and Australia.
“They’ve worked on this new law, which is yet to be passed. This is something we will address soon, and it will provide guidelines…the scope on how they will conduct its role under the Constitution.”
Photo: File
