The Fiji Women’s Rights Movement is calling for the immediate redrafting of Clauses 22 and 23 of the National Referendum Bill (No.46 of 2025), saying the proposed law risks criminalising advocacy, restricting public discussion, and limiting democratic participation.
While making a submission before the Parliamentary Standing Committee on Justice, Law and Human Rights, FWRM Gender and Transitional Justice Programme Team Leader Shayal Nand says the organisation’s submission focused on provisions that may criminalise advocacy, restrict public discussion, and limit the use of referendum-related materials.
She says that these issues may have serious implications for women, youth, and other marginalised communities.
Nand highlighted that Clause 23 of the draft Bill effectively makes it a criminal offence to persuade anyone on how to vote, including communication by word, message, writing or any other manner, with penalties of up to one year in prison.
She says this provision would criminalise ordinary advocacy and limit the ability of individuals and organisations to engage in referendum-related discussions.
FWRM also raised concerns about restrictions on referendum materials under Clause 22, which bans badges, symbols and any visual referendum-related materials before, during, or after a referendum.
Nand says these restrictions would disproportionately affect women, youth and marginalised groups, who rely on grassroots organising and community discussions to participate in civic life.
She says the law risks silencing voices, shrinking civic space, discouraging lawful participation in referendum discussions, and limiting freedom of expression.
In relation to concerns that the Bill is similar to laws in Singapore and Australia, Nand says those countries do impose limits but the scope is narrower.
She says in Singapore, there is a ban on campaign materials such as badges, posters and flags on polling day and the day before, while in Australia, there is a restriction on the use of badges and emblems inside polling places on voting day.
She adds that while these international examples show some limits on campaign materials, FWRM is concerned that Fiji’s Bill is much broader.
Nand says FWRM is also concerned about the impact on democratic participation because the proposed restrictions could limit public involvement in democratic processes.
INSERT: Nand on concern 21st Jan
Nand says FWRM is calling for the immediate redrafting of Clauses 22 and 23 of the draft National Referendum Bill 2025, nationwide consultations, and alignment of the Bill with international democratic norms.
