The Fiji Labour Party has expressed concerns regarding the National Referendum Bill 2025, stating that certain provisions within the draft are unconstitutional and detrimental to democratic engagement. During a submission to the Parliamentary Standing Committee on Justice, Law, and Human Rights, Dr. Sunil Kumar, a representative of the Fiji Labour Party, argued that the bill imposes restrictions on the fundamental freedoms necessary for a legitimate constitutional referendum.
Dr. Kumar criticized the bill, specifically highlighting that it undermines the principles of open debate and informed consent, which are essential for a constitutional referendum. He emphasized that certain clauses violate key rights protected under the Constitution, including freedom of speech, expression, assembly, and association, as well as the right to access information.
Particular attention was drawn to Clause 11, which permits the publication of polling station details and referendum questions only up to five days before voting. Dr. Kumar condemned this timeline as inadequately brief for a constitutional referendum, suggesting it creates a potential for strategic manipulation of the electoral process.
Furthermore, the requirement in Clause 16 for ballot papers to be printed exclusively in English was criticized as it could alienate a portion of voters due to language barriers. Dr. Kumar reiterated that understanding the voting material is crucial for voters to make informed decisions.
He also lamented provisions that restrict the establishment of offices near polling stations to only parliamentary parties, stating that this discriminates against other politically and socially active groups and violates the principle of equality in participation.
Additionally, Dr. Kumar raised red flags over Clause 25, which provides for gatherings to be declared unlawful based on causing “annoyance.” He highlighted the subjective nature of this term, warning that it could be misused to suppress peaceful assemblies.
In contrast to the proposed bill, Dr. Kumar pointed to international best practices, noting that democracies like Australia, Canada, Scotland, Ireland, and New Zealand not only allow but encourage campaigning and open discourse during referendums, thus fostering a democratic spirit.
The Fiji Labour Party is advocating for significant amendments to the bill, including the repeal or amendment of certain clauses, longer notice periods, multilingual ballot options, clearer rules for participation, and transparency in campaigning regulations. Dr. Kumar concluded by reiterating that a truly fair and open referendum process is essential, emphasizing that the current Bill 46 risks undermining democratic participation in Fiji.
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