Oneata residents raise concerns over immunity clause in Constitution

Residents of Oneata in Lau are raising concerns over immunity provisions in Fiji’s Constitution, with some calling for the clause to be removed, saying it unfairly shields leaders from accountability.

During the Constitution Review Commission consultation, a teacher from Oneata says immunity is keeping leaders in power without making them fully responsible for their actions, and stresses that leaders should be held accountable under the law like every other citizen.

Responding to the concerns, the Chairperson of the Commission Sevuloni Valenitabua says one of the fears surrounding the removal of immunity provisions is the possibility of instability, including concerns over military intervention, however constitutional change remains possible through the proper legal process.

The Chairperson clarifies that the Constitution cannot simply be removed, but it can be amended through law.

A villager also questioned why constitutional changes could not be made earlier.

In response, the Chair says the People's Alliance Party had previously raised concerns about the Constitution in the High Court of Fiji.

The consultation also touched on ongoing court cases involving former government figures, with residents asking whether the Constitution protects former leaders from prosecution.

Valenitabua says the Constitution does not protect individuals from facing the law, stressing that every person has rights and that court rulings are based on evidence presented in each case.

Separate concerns were also raised during the consultation over iTaukei ownership of land and surrounding ocean resources, with calls for traditional owners to have greater control over those resources.

One participant says the Government now owns sea areas that traditionally belong to indigenous Fijians and claims this has stopped some landowners from freely crossing waters they have customary links to.

Valenitabua says every person has the right to fish for sustenance and sustainability, but stresses that once fish passes the high-water mark and is sold commercially, a registered business licence should be required, which is by law.

The high-water mark in Fiji is defined as state-owned territory, which is the limit where licensed fishers are allowed to fish. 

During the discussions, the Chairperson also raised the issue of whether corporal punishment should be reintroduced in Fiji.

A teacher supporting the idea says corporal punishment should only return with clear standards in place, stressing that discipline should be strictly controlled and only carried out by school heads.