Civil society organization Dialogue Fiji has voiced significant concerns regarding the proposed Referendum Bill, arguing that its current form could jeopardize freedom of expression and undermine democratic integrity in Fiji. During an oral presentation to the Standing Committee on Justice, Law and Human Rights, Executive Director Nilesh Lal pointed out crucial provisions within the Bill that impose restrictive measures on public discussions related to referendum issues, contending that these measures conflict with modern democratic practices.
While Lal expressed support for the establishment of a national referendum framework as outlined in the Constitution, he criticized the Bill for containing “severe flaws.” He specifically cited Sections 22 and 23, which he claims impose a comprehensive ban on public discussions regarding referendum topics before, during, and after the voting period. This absence of clarity about the duration of the ban raises alarms that it could potentially criminalize informal conversations among citizens for an extended period.
Despite assurances from the Attorney-General’s Office that the Bill is not intended to suppress public debate, Lal stressed the significance of legislative wording, asserting that legal terminology holds greater weight than political intentions. He pointed out that such constraints contravene international democratic standards, notably referencing the Venice Commission’s Code of Good Practice on Referendums, which serves as a respected global standard ensuring free and fair referendum processes.
In his conclusion, Lal advocated that if Fiji aims to improve its reputation concerning democratic governance as envisioned in its 2013 Constitution, any amendments made must enhance democratic standards rather than regress to less favorable ones. This perspective underscores a pressing need for dialogue and reform to maintain and strengthen democratic principles within Fiji’s political framework. Lal’s arguments suggest a cautious approach to legislative changes to ensure they reflect a commitment to democratic values, fostering hope for an inclusive political environment in Fiji.