RFMF backs Col Naliva
the office in, as the case may be— a. the President; b. the Prime Minister and Cabinet Ministers; c. Republic of Fiji Military
Forces; d. Fiji Police Force; e. Fiji Corrections Service; f. Judiciary; g. public service; and h. any public office, on their appointment or involvement in the Government from 5 December 2006 to the date of the first sitting of the first Parliament elected after the commencement of this Constitution.
However, this immunity does not apply to any act or omission that constitutes an offence under sections 133 to 146, 148 to 236, 288 to 351, 356 to 361, 364 to 374, and 377 to 386 of the Crimes Decree 2009 (as prescribed in the Crimes Decree 2009 at the date of the commencement of this Constitution).
In the lead up to the 2022 General Election, Sitiveni Rabuka’s The People’s Alliance party promised a review of the 2013 Constitution.
No substantial move has been made in this regard since the coalition Government came into power.
Prime Minister Rabuka had stated earlier that the review of the constitution was impossible because Government did not have the numbers to carry out this exercise, as stipulated in the 2013 Constitution.
In a statement, the 7th Brigade of the Australian Army said Colonel Naliva’s appointment was a result of their ongoing international military partnership that was planned for a long time. In December last year, Colonel Naliva and Captain (Navy) Ledua Yaco earned the Fellow of the Defence and Strategic Studies Course Certificate from the Australian War College in Canberra. This was coupled with their Master of National Security and Strategy from Deakin University.
Both officers were seconded to Australian defence institutions for a two-year stint – Captain (Navy) Yaco with the Australian Navy while Colonel Naliva joined the 7th Brigade in Brisbane. A recent paper by Dr Michael O’Keefe of La Trobe University suggested such arrangements were part of Australia’s broader foreign policy goals – via face to face, people to people interaction. Public Affairs Officer and Military
Assistant to the Commander RFMF, Lieutenant-Colonel Eroni Duaibe, told Radio NZ the RFMF rejected the allegations and was backing Colonel Naliva’s appointment.
“It is an outcome of the bilateral talks that we have regularly annually,” Lieutenant-Colonel Duaibe told Radio NZ. “So, these are part of the many positions that’s within the Australian Defence Force and the Republic of Fiji Military Force, exchange of personnel. “This was just a part of the exchange of personnel. “The allegations surfaced through social media platforms, and I’ve been aware of these allegations for quite a while but like I said, on social media platforms and we really don’t try to buy into these reports that come unless and until someone makes a formal complaint, then perhaps we’ll look into it.”
Torture victims speak out
One of those allegedly tortured and physically assaulted in the arms of RFMF personnel for speaking out on their illegal takeover in 2006 was Peter Waqavonovono.
Mr Waqavonovono, a human rights defender and political activist, claimed Colonel Naliva was present on the evening he was tortured and physically attacked by personnel of the RFMF.
“I can confirm that Ben Naliva was present on the evening I was detained and that he did nothing to stop the torture,” Mr Waqavonovono claimed. “I am under the impression that him and the Commander then tried so hard to break our spirits.”
Mr Waqavonovono said his appointment only showed that Australia and the RFMF was keen to glorify torture.
“The only reason we cannot take them to court is because they are covered by the 2013 Constitution because it grants them immunity for their actions.
“Naliva is hiding behind the cover of the 2013 Constitution.” Mr Waqavonovono said Colonel Naliva and his men had no sense of shame for what they had done to innocent Fijians.
“To make them apologise or even repent, this is what we do, speak on such mediums to tell of what we went through.”
Another victim, political activist Ben Padarath, questioned if the appointment was endorsed by the Government.
“Was it endorsed by the Government? I can’t believe they endorsed someone like this,” Mr Padarath said.
“There are 4000+ active members in the RFMF, why was he chosen? Is there no one else from the RFMF that can go for them to send this person?” he questioned.
“Or is it because this guy is Frank’s right-hand man, and he poses a threat to the coalition government, and they just want to get rid of him from Fiji?”
Mr Padarath claimed he had seen Colonel Naliva with the group of the RFMF personnel who tortured him in 2006.
“There are so many accusations of torture against this guy. Why him? This guy belongs in prison, not as deputy commander in the Australian military.”
Minister for Home Affairs Pio Tikoduadua requested that questions be emailed to him for a response on the claims.
No response was received when this edition went to press last night.
In 2006, Mr Tikoduadua was senior officer in the RFMF.