RFMF Act to be reviewed next year

The Ministry of Defence and Veterans Affairs and Republic of Fiji Military Forces will undertake a review of the Republic of Fiji Military Forces Act 1949 with support from the Fiji Law Reform Commission and Office of the Solicitor-General.

The aims of the reforms are to modernise Fiji’s defence legislation to reflect current operational realities and international best practice; affirm the primacy of civil authority, with the RFMF functioning under ministerial direction and subject to parliamentary oversight; establish a legal basis for the RFMF Naval Division and codify maritime defence and border security responsibilities; and improve interagency coordination - enabling lawful and coordinated military support for Fiji Police Force activities and during emergencies and disasters.

Minister for Defence, Pio Tikoduadua says the review is intended to produce a new comprehensive Defence Act.

The new Act will take into account the recommendations of Fiji’s National Defence and Security Review.

The RFMF Act provides the legislative framework for the RFMF.

Fiji’s 2024 National Security and Defence Review included an assessment of legislative frameworks within the security sector.

The review recommended urgent amendments to modernise the RFMF Act to address contemporary security challenges and improve civilian oversight within the defence sector.

The purpose of the review is to consider current issues with the existing legislation and recommend reforms to be contained in a new Defence Bill for introduction to Parliament in 2026.

The scope of the review will include conducting a legal analysis of all provisions of the RFMF Act; reviewing institutional roles, responsibilities and coordination mechanisms, including taking into account the findings of the National Security and Defence Review; and options for legislation to provide greater clarity on the role of the RFMF as defined under Section 131 of the Constitution.

Section 131 (2) states that it shall be the overall responsibility of the Republic of Fiji Military Forces to ensure at all times the security, defence and well-being of Fiji and all Fijians.

The government says the review may include options for both legislative and constitutional reform which may be submitted to the Constitutional Review Committee for further exploration.

It will also examine the powers of the Minister responsible for Defence with respect to the RFMF and options to ensure appropriate civilian oversight of the armed forces; the role, powers and functions of the Ministry of Defence and Veterans Affairs and options to improve the Ministry’s ability to provide civilian oversight of the armed forces; and provisions relating to interagency coordination with the RFMF.

This may include legal authorities to deploy the armed forces domestically and overseas, command and control arrangements and powers and authorities of the RFMF when operating in interagency environments.

The review will commence in February 2026, and shall include public consultations via public hearings for oral submissions and written submissions.

The final report and draft legislation shall be transmitted by 30 April 2026 to the Minister for Defence and Veterans Affairs and the Attorney-General.

The review will be jointly overseen by the Permanent Secretary for the Ministry of Defence and Veterans Affairs and the Director of the Fiji Law Reform Commission.

An Interagency Defence Act Review Committee will be established to provide policy guidance and technical expertise to support the review.