In a recent interview, Daniel Fatiaki, chairperson of the Electoral Law Reform Commission, lamented the misuse of electoral laws during the previous administration. Fatiaki, a former chief justice, asserted that while the laws themselves are not inherently flawed, their enforcement has been manipulated to target political adversaries, which he termed “criminalising the law.”
Fatiaki firmly rejected suggestions to reinstate ethnic-based voting or return to the outdated 1997 electoral system, emphasizing that Fiji has advanced beyond such divisive practices. He called for a reformative approach that learns from past mistakes rather than revisiting ineffective frameworks.
He noted that many current laws align with international standards and best practices but stressed that the problem lies not within the legislation itself, but in the hands of those who enforce it. Fatiaki criticized the excessive powers held by the Attorney-General and the Supervisor of Elections, explaining that their abilities to manipulate the electoral system served more as weapons in political conflicts than tools for safeguarding democracy.
In discussing the need for reform, he highlighted the inappropriate use of laws intended to protect citizens from mistreatment, pointing out that over the last 16 years, these laws were weaponized against opponents rather than facilitating fair elections.
This discussion follows an increasing consensus around the need for comprehensive electoral law reforms in Fiji. Previous articles have indicated the importance of addressing representation, particularly the underrepresentation of women in politics, which saw only five women elected in recent elections. This ongoing discourse is seen as an opportunity to cultivate a more inclusive and participatory democratic process in Fiji.
As the reform commission moves forward with its proposals, Fatiaki’s optimistic outlook suggests that with commitment from stakeholders, significant advancements can be made before the next general election, fostering trust and engagement in Fiji’s democratic journey.
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