A new draft National Referendum Bill (Bill No. 46 of 2025) has come under fire for its potential to stifle democratic processes in Fiji. Dr. Sunil Kumar, a representative from the Fiji Labour Party (FLP), voiced strong concerns during a session with the Standing Committee on Justice, Law and Human Rights. He argued that the legislation is unconstitutional and undemocratic, fundamentally undermining the principles of free expression and political engagement.
At the heart of Dr. Kumar’s criticism are clauses 22 and 23 which, according to him, prohibit vital campaigning activities such as canvassing, public discussion, and displaying political materials. He emphasized that these provisions effectively silence not just political parties but also unions, churches, and civil society groups, thereby limiting public discourse.
Furthermore, Dr. Kumar highlighted a particularly alarming aspect of clause 25, which categorizes gatherings as unlawful based on subjective interpretations of intimidation, alarm, or annoyance. This ambiguity raises concerns about potential misuse of the law against peaceful assemblies and discussions.
The draft bill also restricts participation by individuals under the age of 18 and imposes a brief five-day notice period for polling information. Dr. Kumar argued that this timeframe is inadequate for voters to make informed choices. He cautioned that the bill would enable selective enforcement and grant police the authority to arrest without warrants, disproportionately affecting smaller political entities.
Another significant issue raised by the FLP involves the plan to print ballot papers in English only. Dr. Kumar pointed out that this could disenfranchise voters who do not speak the language, further complicating the democratic process.
He urged Parliament to reconsider the legislation, advocating for amendments that would repeal or revise the restrictive clauses, extend notice periods, allow for transparent campaigning, and provide multilingual ballots. Dr. Kumar stressed that any constitutional referendum must genuinely reflect the will of the people, ensuring it is free, fair, and open.
The call for reforms encapsulated in Dr. Kumar’s remarks reflects a collective desire for a more inclusive and democratic electoral process in Fiji, underscoring the importance of protecting civil liberties and fostering public engagement in political decision-making.