The Republic of Fiji Military Forces is recommending the removal of constitutional immunity provisions, and to clearly define the military's role in the constitution, strengthen civilian authority over the military, eliminate legal ambiguity that has historically enabled military intervention, and ensure accountability for past political and military actions.
While making their submission to the Constitution Review Commission, RFMF Commander Major General Ro Jone Kalouniwai says the systemic, institutionalised pattern of political instability that has fractured this nation since 1987 was not merely witnessed by the RFMF — at points, it was built and maintained by their own hands.
He says they do not say this lightly, nor without genuine remorse for the part the institution has played in guarding a system that has fractured the moral soul of our nation.
Major General Kalouniwai says they are aware that the path they propose is difficult, and that it carries real cost.
He says by calling for an end to what their submission termed the "Mark of Impunity" - the constitutional shielding of past acts from ordinary accountability — they voluntarily step out from behind the legal protections that have long covered their institution.
He says they know this will be seen by some of their own as a breach of loyalty, and that seeking this redemption places officers and soldiers, including their own, at legal risk.
The Commander says they do not open this door lightly but they have reached a point where the survival of any single institution can no longer be purchased at the expense of the nation's soul.
He says they have watched 'national stability' become a phrase used to bypass the law, and 'mercy' become a word used to silence the truth.
He says they must deliberately reset the nation's moral compass, and must reject the false choice between justice and peace — a choice in which our silence has too often been the price of a fragile, superficial calm.
The Commander says they propose a transition from a culture governed by fear to a covenant of trust between the State, the military, and the people: a UN-principled Truth and Reconciliation process to dismantle the machinery of silence; the end of a culture of impunity, so that the law applies equally regardless of rank; and the entrenchment of a constitutional right to truth.
He says they make this submission not to injure our fellow soldiers, but to secure our children's future — a Fiji where the law protects the inhabitant, not the architect.
Major General Kalouniwai says Fiji is trapped in a cycle of reactive governance, in which democratic principles erode gradually - not always by force, but through the slow hollowing-out of institutions.
He says this drift has been fueled by constitutional ambiguity regarding the military's role.
He says because the boundaries of military power have never been clearly fixed in law, the door has historically remained open for intervention, allowing the shadows of the past to persist and preventing the nation from ever fully stabilising.
Key outcomes of their submission include the end of inaction through a shift from a passive, do nothing posture to a proactive commitment to institutional reform, the restoration of the rule of law by bringing the actions of the State and the military back into alignment with democratic ideals, and the elimination of pretext by removing the legal grey areas historically used to justify military interference in civilian matters.
The RFMF recommends absolute constitutional clarity by establishing a framework that leaves no room for interpretation regarding the military's mandate, formally anchoring the RFMF's role under the authority of elected civilian leadership, and removing ambiguity by stripping away the vague legal justifications historically used to invite or excuse military intervention.
INSERT: Commander on immunity 2 jul
Major General Kalouniwai says Fiji must end the culture of impunity by removing constitutional immunity provisions that have protected people involved in past extra-constitutional actions.
He says the country cannot achieve lasting peace without accountability, stressing that justice should be seen as a foundation for stability rather than a threat to it.
The Commander says the legal system should apply equally to everyone, regardless of rank or position, and national security laws should not be used to bypass democratic principles.
He also says the 2025 Supreme Court advisory opinion provides an opportunity to reform the Constitution, address past impunity, increase transparency, and strengthen public trust in national institutions.
The Commander says national healing is impossible without a fundamental shift in this moral axis; away from protecting the architects of past rebellion, and toward a covenant of trust in which the state and the military are once again accountable to the citizenry they serve.
While responding to a question by Commission member Merewalesi Nailatikau on the need for the military's involvement in establishing a State of Emergency under Chapter 9 of the Constitution, the Commander says this is an issue they have been addressing recently in relation to drugs and the use of emergency powers.
The Commander says in hindsight, there should be a clear escalation threshold before such powers are invoked.
He stresses that from a civil-military relations perspective, the police should exhaust their mechanisms before requesting military assistance.
Major General Kalouniwai admits they were somewhat quick in invoking emergency powers without fully assessing the situation.
He emphasises that the military’s involvement should only occur when it is clear that police powers are insufficient.
Meanwhile, Director of Army Legal Services Colonel Kitione Tuinaosara is also recommending constitutional changes to establish a permanent Military Court of Fiji with an independent Director of Military Prosecutions and a Military Judge, saying this would replace the current court martial system and strengthen fairness, transparency and the protection of soldiers' constitutional rights.
