Fiji ex-AG: Uphold immunity for past coups, prosecute future ones

Fiji's constitutional immunity provisions for past coups should be upheld, but those involved in future coups must face prosecution and be barred from politics, former Attorney-General Graham Leung stated. Leung made these remarks while appearing before the Constitution Review Commission.

Leung emphasized that constitutional immunity is not a new concept in Fiji, having been present since the 1987 coup and retained in subsequent constitutions of 1990, 1997, and 2013. He noted the existence of a Supreme Court ruling on this sensitive matter and the importance of addressing historical events.

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I was wanting to seek, because we have a Supreme Court ruling as well around this sensitive matter, and to add further to this is the question of setting in the historical events.

While advocating for the continuation of immunity for past events, Leung stressed the need for the Constitution to explicitly state that future coup perpetrators will not receive the same protection. He believes this serves as a warning against using past precedents as an excuse for future actions, sending a strong message that coups will have legal repercussions.

"But recognising that it’s a poison chalice that we need to do something about, make provision in the Constitution… and say explicitly that if you’re going to do a coup in the future… you won’t get immunity from prosecution," Leung said. He also raised concerns about a perceived contradiction within Fiji's justice system, where individuals convicted of common crimes face punishment, while those involved in coups have been granted immunity.

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But recognising that it’s a poison chalice that we need to do something about, make provision in the Constitution… and say explicitly that if you’re going to do a coup in the future… you won’t get immunity from prosecution.