Reconciliation and Unity Commission (Fiji) - Compromise Mooted

Compromise Mooted

On 4 October, Prime Minister Qarase said that significant amendments to the legislation were in the pipeline. Speaking on VitiFM radio and on Radio Sargam, which is affiliated to the Fiji Village news service, Qarase said that the bill would not be withdrawn, but that the amnesty clauses would be given a "makeover" to ensure that the Constitution was not violated and that the independence of law-enforcing agencies was not compromised. "There will be changes particularly in the Amnesty provision ... so that the Bill is constitutional and in accordance with the Bill of Rights," Qarase said. "Plus it does not interfere with the judiciary, police, and the Director of Public Prosecutions."

The Prime Minister's move to a more conciliatory position coincided with revelations from Manasa Tugia, a strong supporter of the legislation and the chairman of the parliamentary committee looking into it, that most public submissions received so far had raised concerns about the amnesty clauses in the bill. On 7 October, Tugia said after hearing submissions in five western towns that a large section of the community had expressed disappointment that they had not been consulted about the legislation. They, too, mostly supported the bill's objective of reconciliation, but opposed its amnesty provisions, he said.

Attorney-General Bale followed the Prime Minister's cue on 26 October, saying that any responsible government would listen to "sound logical reasoning" obtained from public consultations. He warned, however, that the government would not give in to Military opposition. It was the government, he said, that was the ultimate arbiter on the bill, and while the Military was entitled to its opinion, it was not the government. Bale's comments followed a statement by Military Commander Commodore Frank Bainimarama that whatever amendments the government might propose, the Military was still opposed to the legislation.

Tugia said on 10 November that the Justice Law and Order Committee had completed receiving public submissions on the bill, and were in the process of compiling a report. The presentation, due in two weeks, to parliament would take account of the views of all who made submissions, Tugia said. On 22 November, however, he announced another probable postponement of the tabling of the bill. He and Prime Minister Qarase said that the vast number of submissions might prevent the bill from being tabled for the December Parliamentary session, and that it might have to be postponed till February 2006.

Prime Minister Qarase announced on 1 December that the bill would be tabled in Parliament later that day, and that the Cabinet would prepare amendments that would be ready to be processed in Parliament's February 2006 sitting. The bill would not be withdrawn, he insisted on 16 December; to do so would be undemocratic, he considered. In his New Year message on 1 January 2006, he declared the bill to be the only way forward for Fiji. The legislation was vitally important for the harmonious and stable development of the country.