Fiji’s Constitution (Amendment) Bill 2026 maintains absolute and unconditional immunity provisions for figures tied to the 2006 coup, aligning directly with a Supreme Court directive. Prime Minister Sitiveni Rabuka confirmed the retention of these legal protections following the tabling of the legislation, which also introduces potential reforms regarding prime ministerial term limits and indigenous resource ownership.
Immunity Provisions Maintained Under Chapter 14
The Constitution (Amendment) Bill 2026 preserves absolute and unconditional immunity for individuals involved in the government from December 5, 2006, until the first sitting of Parliament after the 2013 Constitution. According to the text presented for consideration, these protections extend to the President, Prime Minister, Cabinet Ministers, the Republic of Fiji Military Forces, the Fiji Police Force, the Fiji Corrections Service, the judiciary, and the broader public service.
Chapter 14 keeps prior immunities from the 1990 Constitution and the Limitation of Liability for Prescribed Political Events Act 2010 intact. These measures ensure the protections cannot be reviewed, amended, altered, repealed, or revoked by Parliament. The legislation shields covered individuals from criminal prosecution, civil liability, and court judgments arising from their official or personal involvement during that turbulent period.
Exceptions and Parliamentary Stakes
While the legislation fortifies these legal safeguards, it outlines explicit exceptions for specific offenses detailed in the Crimes Decree 2009. Rabuka stated that everything raised by the Constitutional Review Commission and incorporated into the Bill will face a rigorous debate in Parliament.
The Prime Minister expressed strong confidence in securing the required two-thirds majority during the second reading vote scheduled for Friday afternoon, based on current parliamentary numbers. When asked what would happen if the legislation fails to reach that threshold, Rabuka stated that they would stop entirely.
Proposed Reforms on Terms and Indigenous Ownership
Beyond the coup-era immunities, the amendment package addresses structural governance and resource management issues. Debates are expected to center on proposed age and term limits for leadership positions, alongside provisions concerning qoliqoli ownership.
Rabuka noted that the qoliqoli provisions acknowledge national sovereignty while extending traditional ownership limits to the boundaries of Fiji’s exclusive economic zone. While the Prime Minister stated his personal belief that a two-term limit for the office of the Prime Minister is a very good provision, he confirmed that specific term limits were not included in the official recommendations.
Who is covered by the 2026 Bill immunity provisions
Who is covered by the immunity provisions in the 2026 Bill?
The immunity applies to the President, Prime Minister, Cabinet Ministers, members of the military, police, corrections service, judiciary, and public servants who participated in the government between December 5, 2006, and the first sitting of the post-2013 Parliament.
What vote count is required to pass the amendment?
Prime Minister Sitiveni Rabuka needs a two-thirds majority during the second reading in Parliament.
Are there any exceptions to the legal immunity?
Yes. The legislation excludes specific offenses outlined in the Crimes Decree 2009 from receiving immunity protections.