Following concerns raised by the Centre for Democracy and Dialogue, Minister for Justice, Filimoni Vosarogo states that in light of the recent amendments to section 115 of the Electoral Act 2014, people and organisations in receipt of foreign funds can carry out campaign-related activities if they are conducted in compliance with the rules issued by the Electoral Commission.
The Electoral Act was amended last Friday under Parliamentary Standing Order 51 which means that the amendment was passed after debate on the same day without further public consultation.
While speaking to fijivillage News, Vosarogo says this was inserted to remove the total prohibition, and balance retention of oversight of foreign funded activities with facilitating participation by foreign funded community groups.
He says if a foreign funded person or group carries out campaign related activities that are not in compliance with the rules, the Supervisor of Elections can direct them to modify or cease the activity.
Vosarogo says a person directed by the Supervisor can appeal that decision to the Electoral Commission.
He adds this right of appeal is consistent with other provisions where the Supervisor can direct a person to modify or cease their activity.
Vosarogo says the decision of the Electoral Commission is final, consistent with all other decisions of the Commission.
The Commission is the final decision-making body under all 5 electoral laws.
The Minister says the period specified in section 115 of the Electoral Act was changed to be consistent with the period that all other campaign activity is regulated.
Vosarogo says the announcement of the date for the election is entirely at the discretion of the Prime Minister, and therefore can also be announced months in advance of the election.
The Minister for Justice says it is also important to note that voter education is a function of the Electoral Commission and the Supervisor of Elections.
Under section 115(2), community groups cannot carry out voter education without the written authorisation of the Electoral Commission or the Supervisor.
Vosarogo says section 115(2) applies at any time, and was not amended.
He says as for the Electoral Commission Rules, these have been promulgated and the Commission is in the process of publishing them on their website, along with all other Commission Rules.
They provide for foreign funded persons and entities to apply to the Supervisor for approval of the activity and a right of appeal to the Electoral Commission and the Commission decision is final.
The Centre for Democracy and Dialogue has called on the Government to urgently reconsider amendments to the Electoral Act 2014, which it says could restrict the activities of civil society organisations for more than eight months ahead of the next general elections.
CDD Chief Executive Officer, Nilesh Lal says it is shocked that the Sitiveni Rabuka-led Government has retained restrictions under Section 115 of the Electoral Act and extended their application from approximately 45 days during the previous elections to potentially more than eight months.
We have also sent questions to the Fijian Elections Office.
Stay with us for developments.
