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Will Fiji evolve towards Pakistan’s

model of democracy?

By Jone Dakuvula

THE statement in the media by the
Chief of Staff of the Fiji Military Forces,
Colonel Jone Kalouniwai, in September
criticising the speech of National Federa-
tion Party MP Parmod Nand, has again
raised the question of the role of the
army in the political and constitutional
system of Fiji.
This Essay poses the question wheth-
er Fiji, is evolving towards the situation
of a “controlled democracy” like in Paki-
stan under an imposed 2013 Constitu-
tion. Does recent history answer this?
This question was first raised by Colo-
nel Kalouniwai’s article July 24, 2017 in
the Fiji Sun that provided justification
for Section 131 (2) of the Constitution: Pakistan’s military coup in 1999 led to a new form of democracy where the military determined how long an
“It shall be the overall responsibility of elected government can be tolerated in power. Photo: Pakistan Information Ministry.
the Republic of Military Forces to ensure
at all times the security, defence and always has inherently a superior value
wellbeing of Fiji and all Fijians”. This sovereign mandate of the people, to judgement to an elected government
provision did not exist in the 1970 and whom they are accountable in General about what policies are for the wellbe-
1997 Constitutions that were passed Elections. ing, security and defence of the people
by our Parliament. There was a similar But to some, however, Section 131 of Fiji and what are not.
provision in the decreed Constitution of means that whenever the RFMF Com- This fear of future negative judge-
1990 but it was repealed under Section manders believe that an elected Govern- ment against an elected government,
195 of the 1997 Constitution. It then ment is not operating in terms of their justifying military intervention is rooted
resurfaced under the decreed 2013 view of security, wellbeing or defence in Fiji’s recent historical experience,
Constitution. The Pakistan situation interests of Fiji, the RFMF may intervene especially between 2000 and 2006. Let
is where the military and intelligence and assume governance of the country us briefly review some incidents of this
services are the actual long-term rulers until it decides a suitable time for an- history. In 2000 when the elected gov-
of the country and usually decide how other Election. A coup will therefore be ernment was held hostage by Speight’s
long an elected government can be toler- always constitutionally justified. This is group with arms supplied mysteriously
ated in power? how Colonel Kalouniwai in his article in by the RFMF, the Commander and a
In my view - as a generous interpre- the Fiji Sun July 2017 restated Section group of advisers took the President
tation - Section 131 (2) broadly states 131(2): (then the constitutional Commander in
the constitutional responsibility of a “The duty of every Government is to Chief of the RFMF), Ratu Sir Kamisese
freely elected government, not a military ensure the security of its country thus Mara, out in a patrol boat one night on
controlled government. This presumes a the Constitutional mandate of the RFMF Suva Harbour and asked him to step
system where the military is under the of having at all times the responsibility down because they said there was a
control of a civilian government and the wellbeing and defence of Fiji and need to abrogate the 1997 Constitution.
the military permanently accepts that all Fijians”. Mara was told the Constitution was
position of subservience. The RFMF no This statement implies that if the preventing the RFMF from decisive ac-
doubt is part of the state structure of elected government is not ensuring the tion to resolve the hostage situation in
governance as a disciplined force like security of the country, then the RFMF Parliament.
the police and shares the belief of state has the “mandate” to intervene at any Mara sorrowfully decided to step
servants that they exist as servants time. Colonel Kalouniwai probably down. He said later in a media interview
of their elected political masters. They meant any elected government that the that if the RFMF and Police were not
serve for the wellbeing, security and RFMF decides to be subservient to for going to protect him at his residence or
defence under laws of the people of a while. Section 132 (1) seems also allow him to use the emergency powers
Fiji. The elected government has the based on the presumption that the RFMF under the 1997 Constitution, then he

34 Islands Business, October 2017