The Fiji Women’s Rights Movement (FWRM) has voiced significant concerns regarding the potential ramifications of the draft National Referendum Bill 2025. In a recent submission to the Parliamentary Standing Committee on Justice, Law, and Human Rights, Shayal Nand, who leads FWRM’s Gender and Transitional Justice Programme, raised alarms about provisions in the bill that could criminalize advocacy efforts and inhibit public involvement in Fiji’s democratic processes.
Nand specifically pointed to Section 23 of the proposed legislation, which would render it a criminal offense to influence others regarding how to vote through any channel of communication, including messages or writings. This provision could lead to penalties as severe as one year in prison, which Nand argues would effectively criminalize routine advocacy efforts and deter individuals and organizations from engaging in discussions pertinent to the referendum.
Moreover, Nand highlighted Section 22, which would impose significant restrictions on the use of badges, symbols, and other visual materials associated with the referendum throughout the voting process. She emphasized that these restrictions could adversely affect women, youth, and marginalized communities who rely on grassroots organizing and community dialogues to participate in civic life. According to Nand, these measures risk silencing vital voices and shrinking civic space, which could ultimately discourage lawful participation in crucial national conversations.
In response to comparisons made by the Acting Attorney-General to regulations in Singapore and Australia, Nand clarified that these countries impose much narrower and more specific limits. In Singapore, for instance, restrictions mainly apply to polling day and the day prior, while Australia’s rules focus on maintaining neutrality in polling areas. Nand contended that Fiji’s proposed legislation extends far beyond these existing frameworks and undermines democratic engagement.
FWRM is advocating for the urgent revision of Sections 22 and 23, pushing for more inclusive national consultations to ensure the bill adheres to international democratic standards. They stress the importance of allowing Fijians to engage freely in discussions and advocacy regarding vital national issues without fear of punitive consequences. This emphasis on civic engagement underscores the importance of maintaining democratic principles and ensuring that all voices can participate in national dialogues.