The NGO Coalition on Human Rights has raised serious concerns over the announcement by Prime Minister Sitiveni Rabuka that Fiji’s National Referendum will be held on 9th December 2026, particularly regarding the constitutional authority and procedures governing the announcement and conduct of the referendum.
The NGO Coalition includes the Fiji Women’s Crisis Centre, Fiji Women’s Rights Movement, Citizens’ Constitutional Forum - CCF, femLINKpacific, Social Empowerment Education Program and DIVA for Equality FIJI.
The NGO Coalition says that while they recognise the importance of public participation in decisions concerning the Constitution, such a process must be conducted strictly in accordance with the Constitution and the law.
They say public confidence in a referendum depends not only on the opportunity to vote, but also on the legality, transparency and integrity of the process leading to it.
They say referendum campaigns on sensitive social issues can act as a ‘megaphone’ for prejudice, adding that they can flatten highly nuanced, multi-faceted policy issues into a binary “Yes or No” choice.
They say because referendums demand that the general public vote on highly technical matters (such as complex constitutional changes, international treaties, or economic policies), they are ripe for exploitation.
The NGO Coalition says referendums demand the highest levels of caution, collective preparation, due process, and time, and they do not see this in the proposed Fiji referendum process, nor in the expedited timeline.
They say Section 160(2) - (5) of the 2013 Constitution sets out the procedure for constitutional amendments, including the required parliamentary process, notification by the Speaker to the President, and referral by the President to the Electoral Commission to conduct a referendum.
The NGO Coalition is concerned about the apparent uncertainty surrounding the respective roles and powers of the Prime Minister, Parliament, the President and the Electoral Commission, particularly when the Constitution Amendment Bill has yet to complete its parliamentary process.
They say the question on who has the constitutional authority to announce and formally initiate a referendum must be clearly answered.
They say the announcement of a referendum date before the constitutional requirements have been fulfilled raises important questions about whether the prescribed process is being followed and whether the powers and responsibilities of independent constitutional institutions are being respected.
The NGO Coalition is also concerned about the reported request to suspend general election campaigning while preparations are made for the referendum.
They say any decision affecting electoral processes must be made by the legally authorised institution, exercising its own independent judgement and in accordance with the law.
They say that Fiji is approaching an important constitutional moment which makes it even more critical that public institutions uphold constitutional requirements, respect the separation of powers and avoid actions that could create uncertainty or undermine public confidence in the referendum before it takes place.
The NGO Coalition is calling for the immediate constitutional clarity on the legal authority for announcing the referendum date and the steps required before it can be formally initiated.
They are also calling for the respect for constitutional procedures, protection of the Electoral Commission’s independence, ensuring that decisions within its mandate are made independently and lawfully.
They are also calling for clear and accurate public information so that Fijians understand the Referendum process, their rights and the legal requirements that must be met.
The NGO Coalition says that the final proposals and referendum question should be published well in advance of the vote, with sufficient time for public discussion and independent civic education, including information in iTaukei, Fiji Hindi and English and in accessible formats.
They say there should also be transparency and accountability from all relevant institutions to safeguard the credibility of Fiji’s democratic and constitutional processes.
The NGO Coalition is stressing that a referendum must not only reflect the will of the people; it must also be conducted through a lawful and constitutionally sound process.
They say that Fijians deserve certainty that the rules governing such a significant national decision are being respected.
