Electoral Commission flags gaps in Referendum Bill

Concerns have been raised over gaps in the legal framework governing referendums, with electoral officials warning that key processes are not clearly defined in the current National Referendum Bill.

Submissions made during the Parliamentary Standing Committee on Justice, Law and Human Rights today by the Electoral Commission highlighted the absence of a coherent and cohesive regulatory structure to guide the conduct of referendums in Fiji.

Chairperson of the Electoral Commission, Justice Usaia Ratuvili, told the committee that while Section 160 of the Constitution provides for referendums in the context of constitutional amendments, it does not outline how such a process should be practically carried out.

Justice Ratuvili says referendums are typically used to seek public approval for constitutional changes, while other forms of public voting on major issues are often referred to as plebiscites in other jurisdictions.

He notes that once a constitutional amendment bill is passed in Parliament, the Speaker informs the President, who then directs the electoral body to conduct a referendum.

However, he says there is no detailed legislation explaining how that process should be implemented.

Insert: Justice Ratuvili March 31 TV

Ratuvili says the role of the electoral body is to administer the process and ensure a credible outcome, not to determine the content of the question posed to voters.

Manager Legal at the Fijian Elections Office, Mesake Dawai, supported the concerns, outlining several areas that require clarification in the proposed framework.

These include the type of voting system to be used, ballot paper design, voter education, campaign regulations, vote counting procedures and the declaration of results.

Dawai pointed to the need to clearly define whether a referendum would be binding or non-binding, noting that such distinctions are critical for both legal certainty and public understanding.

Dawai says establishing a clear and comprehensive framework would be essential to ensure transparency, consistency and public confidence in any future referendum process.