The Fiji Council of Social Services has warned that the National Referendum Bill, while strong on procedure and anti-fraud safeguards, falls short of international democratic standards by limiting public debate and access to balanced information.
While making their submission to the Parliamentary Standing Committee on Justice, Law and Human Rights, FCOSS Executive Director, Vani Catanasiga says the organisation’s review assessed the Bill against international best practices for referendums, particularly those developed by the Venice Commission.
She acknowledged that the Bill provides a clear legal basis for holding referendums on constitutional amendments or matters of national importance, noting that this aligns with international standards.
However, she raised serious concerns about significant deviations from international standards for democratic participation, particularly the near-total ban on campaigning under Clauses 22 and 23, which prohibit the display of symbols, advertisements, and canvassing by anyone other than the Supervisor of Elections.
Catanasiga says these restrictions directly contradict principles of freedom of expression and undermine the need for robust public debate ahead of a referendum.
FCOSS also criticised the Bill for failing to require authorities to provide neutral and substantive information on the referendum issue itself.
Catanasiga says that while procedural guidance is mandated, the absence of an official explanatory report leaves voters vulnerable to misinformation and weakens the goal of an informed vote.
She says another major concern relates to Clause 11, which requires the referendum question to be published only five days before polling day.
Catanasiga says international best practice recommends a minimum of four weeks to allow for public scrutiny, debate, and for voters to fully understand the question before they vote, adding that the Australian Indigenous Voice referendum question was announced in March 2023, with the referendum conducted in October 2023.
INSERT: Catanasiga on concern 20th Jan
FCOSS Programme Manager, Josaia Tokoni urged the committee to strengthen the bill by reviewing the prohibitions outlined in Clauses 22 and 23.
He says these restrictions are counterproductive to encouraging democratic participation and may lead to further voter apathy, as seen in past elections.
He says the tone of the Act should be changed to one that encourages and affirms wide participation and free public debate by citizens.
Tokoni also recommended amendments to Clause 24 to address the presence of political party representatives, saying that the Bill can be amended to explicitly allow local civil society representatives to observe the process alongside the recommended political party representatives.
He says this would enhance transparency and public trust in the referendum processes.
FCOSS says that while the Bill is sound in terms of administration and security, it is weak on core democratic principles.
The organisation says that addressing the restrictions on campaigning and the lack of substantive voter information is essential for the bill to meet international standards for an effective and truly democratic referendum.
