Fiji Constitution Review Proposes Scrapping Coup Immunity, Including for Prime Minister

Return of the Senate

The report also calls for a return to a bicameral parliament with 60 seats: 41 members in a House of Representatives and 19 in a Senate. This would replace the current single national constituency system, under which all 55 MPs are elected from one open list. Under the proposal, voters would elect 26 members from constituencies under a first-past-the-post system, with a further 15 elected from party lists.

Additionally, the Great Council of Chiefs would be recognised in its own chapter of the constitution.

The changes are significant as Fiji is due to head to the polls in February. However, it remains unclear whether the proposed changes will be introduced before the general vote or if they might delay the election. The country's deputy prime minister said it was "premature" to discuss the matter.

Analysis

Why This Matters

Direct impact on political leadership: The proposed scrapping of immunity could expose current Prime Minister Sitiveni Rabuka and other figures from past coups to prosecution, potentially reshaping Fiji's political elite.
Electoral overhaul: Changing from a single national constituency to a mixed first-past-the-post and party-list system could alter how votes translate into seats and which parties gain power.
Timing with elections: With Fiji due to vote in February, the review introduces significant uncertainty about whether the new constitution will be in place for the poll or if it will be delayed.

Background

Fiji has experienced four military coups since independence: two in 1987, one in 2000, and one in 2006. The current constitution was imposed under the military government of Frank Bainimarama, who led the 2006 coup and later served as prime minister until 2022. The constitution included immunity clauses protecting coup participants — widely seen as stabilising at the time but controversial. Last year, Fiji's supreme court ruled the constitution had a "democratic deficit" because it was never approved by public referendum, prompting the current review process.

Key Perspectives

Proponents of reform, including the Republic of Fiji Military Forces: Support removing immunity and repealing military-era decrees, arguing no person should be above the law and that Fiji needs a constitution with genuine democratic legitimacy.

Current government (deputy prime minister): Cautious, urging restraint on timing — calling discussion of the changes' impact on the February elections "premature" — suggesting a desire to avoid destabilising the electoral calendar.

Critics of reform: May include those who benefited from immunity (including some still in power), who could face prosecution; they may argue that removing immunity reopens old wounds and risks political instability.

What to Watch

Parliamentary debate and timeline: Whether the government pushes the changes through before the February election or delays the vote for a referendum.
Reaction of Prime Minister Rabuka: As a direct beneficiary of current immunity clauses, any public stance he takes will be closely watched.
Election timing: Any announcement of a delay or confirmation that the 2026 election will proceed under the existing constitution.