Referendum Bill Weak On Core Democratic Principles

The Fiji National Referendum Bi ll 2025 (Bill No. 46 of 2025) is sound on procedural integrity and anti-fraud measures but significantly weak on core democratic principles.

These sentiments were expressed during the Fiji Council of Social Services verbal submission on the bill to the Parliamentary Standing Committee on Justice, Law and Human Rights by executive director, Vani Catanasiga and program manager, Josaia Tokoni earlier today.

Catanasiga added that aspects of the bill may even directly contravene the international standard of free suffrage and freedom of expression, which requires equal opportunity for all sides to present their views.

"We believe that addressing both 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," she said.

FCOSS highlighted deviations from international standards on national referendums, such as those set by the Vienna Commission, officially known as the European Commission for Democracy through Law.

"The most critical deviation is the near-total ban on political campaigning. Clauses 22 and 23 prohibit all persons—except the Supervisor of Elections—from displaying symbols, advertisements, and engaging in "canvassing." This directly contradicts the international principle of freedom of expression and the need for a robust public discourse and debate."

FCOSS highlighted that the Bill fails to mandate that the authorities provide balanced, neutral, and substantive information on the referendum issue itself. It only requires procedural guidance (Clause 14).

"Without an official, neutral explanatory report, the electorate is left vulnerable to misinformation, undermining the goal of an informed vote," Catanasiga said.

FCOSS also highlighted the insufficiency of five days' notice for the referendum question before polling day as outlined in Clause 11.

"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. For instance, the Australia Indigenous Voice referendum question was announced in March 2023, with the referendum conducted in October 2023, providing seven months for public discourse and debate."

Tokoni urged the committee to strengthen the bill by reviewing the prohibitions outlined in Clauses 22 and 23.

"These restrictions are counterproductive to encouraging democratic participation and may lead to further voter apathy as we've seen in past elections. The tone of the Act should be changed to one that encourages and affirms wide participation and free public debate by citizens."

Tokoni proposed amendments to Clause 24 to explicitly allow local civil society representatives to observe the polling day process alongside political party representatives as outlined in the Bill.

"In fact, FCOSS believes CSO participation can cut across the whole referendum process. This would enhance transparency and public trust in the referendum process," he said.

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