The draft National Referendum Bill (Bill No. 46 of 2025) in Fiji has sparked significant criticism for its perceived threat to democratic processes. Dr. Sunil Kumar from the Fiji Labour Party (FLP) expressed serious concerns during a session with the Standing Committee on Justice, Law and Human Rights, labeling the bill as unconstitutional and undemocratic. He argued that it undermines the essential tenets of free expression and political engagement.
Dr. Kumar particularly focused on clauses 22 and 23 of the bill, claiming that they restrict crucial campaigning activities by prohibiting canvassing, public discussions, and the display of political materials. He argued that such limitations not only silence political parties but also unions, churches, and civil society organizations, which is detrimental to open public discourse.
Additionally, Dr. Kumar raised alarm over clause 25, which defines gatherings as unlawful based on subjective interpretations of intimidation, alarm, or annoyance. This vagueness, he noted, could lead to the abuse of the law against peaceful gatherings and discussions, raising fears about the potential suppression of civil liberties.
The bill also seeks to restrict participation by individuals under the age of 18 and imposes a brief five-day notice period for polling information, a timeframe Dr. Kumar deems insufficient for voters to make informed choices. He warned that the legislation could pave the way for selective enforcement and empower police to make arrests without warrants, disproportionately impacting smaller political groups.
Another critical point highlighted by Dr. Kumar is the decision to print ballot papers solely in English, which could disenfranchise non-English speaking voters and complicate the electoral process further.
In light of these issues, Dr. Kumar called on Parliament to reconsider the proposed legislation, pushing for revisions that would repeal or amend the restrictive clauses, extend notice periods, allow for transparent campaigning, and ensure multilingual ballots. He emphasized the need for any constitutional referendum to truly represent the will of the people, making it essential that the process is free, fair, and open.
Dr. Kumar’s appeal for reform reflects a broader call for a more inclusive and democratic electoral system in Fiji. His remarks underline the importance of safeguarding civil liberties and enhancing public engagement in political decision-making, which are crucial for nurturing a healthy democratic environment.