The National Referendum Bill risks undermining democracy by criminalising political expression, enabling state overreach and excluding young people from decision-making.
This has been highlighted by Dialogue Fiji Executive Director Nilesh Lal during his submission on the Bill before the Standing Committee on Justice, Law and Human Rights.
Speaking to fijivillage News, Lal says there are numerous issues with the Bill, warning that, taken together, they create a severe democratic deficit in the referendum process.
Lal explained that Sections 22 and 23 effectively criminalise all forms of expression relating to referendums before, during and after the voting period, while granting the Supervisor of Elections exclusive authority to disseminate referendum-related information.
Section 22(1) of the Bill states that no person other than the Supervisor must make, print, publish, distribute, put up, wear, use, carry or display any badge, symbol, favour, set of colours, flag, banner, advertisement, handbill placard or poster or any replica of a ballot paper in connection
with any referendum at any time either before, during or after any such referendum.
According to Section 22 (2)(3) police officers can arrest someone without a warrant if they see the offence being committed and anyone who breaks this law can be fined up to $1,000 or jailed for up to one year.
Section 23 (1)states that no person must by word, message, writing or in any other manner endeavour to
persuade any person to give or dissuade any person from giving his or her vote at a referendum; or
visit a voter at his or her home or place of work for any purpose in connection with a referendum.
According to Section 23 (2) any person who contravenes this section commits an offence and is liable on
conviction to a fine not exceeding $1,000 or to a term of imprisonment not exceeding one year.
He says the Bill contains no safeguards against State overreach or against the State advancing propaganda and illicitly influencing referendum outcomes.
Lal also raised serious concerns about Section 27, which excludes anyone under the age of 18 from participating in referendums.
INSERT: Lal on age restrictions 19th Jan
He stressed that referendums could lead to constitutional change, making the exclusion of young people particularly troubling.
When asked about proposed amendments, Lal says Dialogue Fiji has recommended the removal of Sections 22 and 23, or alternatively limiting restrictions to a clearly defined blackout period.
He says this would prevent a permanent ban on such activities, adding that the display of banners, badges and symbols should only be restricted during the blackout period.
He adds that any prohibition on canvassing for votes should likewise be confined to a short blackout period, such as 24, 36 or 48 hours before polling day.
The Executive Director says Dialogue Fiji has also proposed removing the restriction imposed by Section 27 and introducing clear campaign finance rules to allow legitimate referendum campaigns while preventing undue influence.
He says a legitimate referendum cannot take place without campaigns by different interest groups and political parties.
He also emphasised that spending must be regulated, with clear spending limits in place to ensure that no single side, including the State, has the capacity to unduly influence voters.
Lal says Dialogue Fiji has further recommended increasing approval thresholds for constitutional amendments to better protect minority rights.
He says he does not believe a simple majority adequately ensures the protection of minority rights and interests.
Lal also raised concerns about the absence of provisions for an independent body to frame referendum questions, warning that biased wording could distort outcomes.
He says that for referendum questions to be framed objectively, a competent and independent body must be responsible for the process.
Lal also noted that many citizens and civil society groups share serious concerns about the Bill and expressed confidence that Parliament would act responsibly.
INSERT: Lal on passing bill 19th Jan
While welcoming the consultation process, Lal expressed disappointment at the low public turnout at the hearings.
He stressed the need for civic education to help the public better understand the Bill and its implications.
The Standing Committee on Justice, Law and Human Rights will continue consultations in other parts of the country before reporting back to Parliament.
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