This has been highlighted by ethics and governance university lecturer, Dr Mosmi Bhim in her submission to the Constitutional Review Commission.
Dr Bhim, who stressed that her views were her own as an academic researcher and expert in political science and did not represent Fiji National University, says the immunity clause undermines both the rule of law and democracy.
She says the clause protects people involved in treason and coup-related crimes rather than protecting democracy.
Dr Bhim says it is unfair that people enjoying immunity from prosecution can freely contest elections, stressing that those protected by immunity should be barred from standing for election for four to eight years, or permanently.
She says the electoral system should protect democracy and not coup makers.
Dr Bhim says coup participants should also be ineligible hold senior positions in the civil service, statutory bodies, independent institutions and security forces.
She is also calling for the removal of Fiji’s single national constituency as it is unfair to candidates who do not have the resources to campaign across the country and favours well-known personalities and political leaders.
She also recommends a return to constituencies as this would make campaigning fairer and make it easier for voters to hold elected representatives accountable.
Dr Bhim also calls for the five percent threshold for entry into Parliament to be abolished or reduced to one percent, saying the current threshold is unfair and unjust.
Dr Bhim says the non-ethnic, one-person-one-vote system should be retained and proposes a 30 percent quota for women in Parliament.
She also calls for one parliamentary seat to be reserved for Rotumans as their language, culture and identity are at risk because of their small population of about 1 percent.
Dr Bhim further calls for restrictions on voter education activities to be removed as educational institutions, civil society organisations, non-government organisations and grassroots groups should be given an enabling environment to discuss electoral issues and educate voters.
She says requirements for approval from the Fijian Elections Office for election-related research and publications violate academic freedom and should be removed.
She says severe fines and prison terms for minor electoral offences should also be reviewed, arguing that harsh penalties discourage citizens from participating in elections.
Dr Bhim further proposes a two-term limit for Prime Ministers, saying such a limit should be clearly included in the Constitution.
She has also recommended that Fiji adopt Switzerland’s system of government, where a population of 9 million is governed by seven members of the Federal Council, with the presidency rotating among them for a one-year term.
The senior lecturer says the military must be subservient to the rule of law and should not be given powers that allow it to override the police.
She further says there must be a clear separation between the roles and responsibilities of the military and police and serving or former military officers should not be appointed as Police Commissioner, Commissioner of Corrections or to other roles within the police and corrections services.
Bhim says the RFMF should be restricted to defending Fiji from external threats and carrying out disaster relief work, with only a limited role in assisting police during emergencies and only when requested by the police.
She also recommends reducing the size of the RFMF, noting that a 2004 national security and defence review had recommended cutting the military by half.
Dr Bhim further says that military service should be temporary, with soldiers serving for 5 to 10 years before being assisted into other permanent careers.
She says experienced soldiers without long-term career pathways may be vulnerable to incentives created by coups, including access to senior positions in government institutions, statutory bodies and diplomatic posts.
She says Fiji is facing a skilled labour shortage and soldiers should leave the Force at around the age of 40 and help fill gaps in the workforce.
Dr Bhim also submits for Fiji to remain a secular state as official recognition of one religion would violate the right to freedom of religion and belief and risk undermining the country’s democratic principles.
The ethics and governance lecturer says Fiji remains in a transition to democracy and warns that the country is not yet a consolidated democracy, meaning risks remain that it could revert to authoritarian rule.
She says the revised Constitution must strengthen democratic safeguards, reform the electoral system and civil-military relations, and help end Fiji’s coup culture.
