The Fiji Women’s Rights Movement (FWRM) has raised substantial concerns regarding the implications of the draft National Referendum Bill 2025 during their recent submission to the Parliamentary Standing Committee on Justice, Law, and Human Rights. Shayal Nand, the leader of FWRM’s Gender and Transitional Justice Programme, highlighted that certain provisions within the bill could criminalize advocacy efforts and diminish public engagement in Fiji’s democratic processes.
Nand expressed particular alarm over Section 23 of the draft legislation, which would make it a criminal offense to influence others on how to vote, encompassing any form of communication, including messages or writings. The proposed penalties for such actions could be as severe as one year in prison. This alarming provision, according to Nand, would essentially criminalize routine advocacy and obstruct individuals and organizations from participating in discussions related to the referendum.
Additionally, Nand pointed to Section 22, which would impose restrictions on the use of badges, symbols, and any visual materials related to the referendum before, during, and after the voting process. She argued that these restrictions would significantly impact women, youth, and marginalized communities who depend on grassroots organizing and community dialogues to engage in civic life. Such measures, she asserted, risk silencing voices and constraining civic space, ultimately discouraging lawful participation in critical national discussions.
In response to the Acting Attorney-General’s comparisons with regulations in Singapore and Australia, Nand clarified that those countries enforce much narrower and specific limits. In Singapore, restrictions apply mainly on polling day and the day prior, while Australia’s regulations focus largely on maintaining neutrality within polling spaces. Nand insisted that Fiji’s proposed legislation extends far beyond these models and poses a threat to democratic engagement.
FWRM is calling for the immediate revision of Sections 22 and 23, advocating for broader national consultations to ensure that the Bill aligns with international democratic standards. They emphasize the necessity for Fijians to engage freely in discussions and advocacy on vital national issues without the fear of punitive actions. The emphasis on civic engagement and advocacy speaks to the importance of maintaining democratic principles, allowing all voices to be heard in the ongoing dialogue surrounding national matters.