Fiji should retain the immunity provisions covering the 1987 and 2006 coups because they were guarantees made to the coup leaders in exchange for restoring civilian democratic rule, Deputy Director of Public Prosecutions John Rabuku says.
In a statement on social media, Rabuku said removing the immunity provisions from the proposed Constitution Amendment Bill 2026, also known as Bill 32, would not guarantee that Fiji would never experience another coup.
He said the immunities granted to former prime ministers Sitiveni Rabuka and Voreqe Bainimarama must remain because they were part of the arrangements that allowed the country to return to civilian government through democratic elections.
“It was a promise and guarantee that democracy made to the coup rulers that they will not be prosecuted if and once they return the rule and power of governance to the people through democratic elections,” Rabuku said.
He argued that without those guarantees, Fiji could have remained under military rule.
Rabuku said the retention of the immunity provisions in Bill 32 did not mean future coups were being guaranteed or encouraged but reflected an obligation to honour the commitments made to the leaders of the previous coups.
He also rejected arguments that removing immunity provisions would prevent future military takeovers.
“The argument that Fiji should never have another coup and we should make sure of that by removing past or future immunity clauses is flawed,” he said.
Rabuku said a future coup could still occur regardless of what the Constitution provided, arguing that a coup leader could abrogate the Constitution, introduce a new one and include immunity provisions before returning the country to civilian rule through elections.
“If another military coup is going to happen, it will happen,” he said.
He said removing the immunity clauses from Bill 32 would therefore not prevent a future coup or guarantee that its leaders would be prosecuted.
Rabuku called for the immunity provisions covering the Rabuka and Bainimarama coups to remain as they are under the 2013 Constitution.
“Even if we were to remove the immunity clauses from Bill 32, that is no guarantee that there will not be another coup,” he said.
He said Fiji could only hope there would be no further military takeover, warning that a future coup leader could replace the Constitution and write new immunity provisions into a new constitutional framework.
Rabuku’s comments come amid debate over Bill 32, which proposes amendments to Fiji’s 2013 Constitution, including provisions relating to immunity for past coups and their leaders.
