The draft National Referendum Bill (Bill No. 46 of 2025) has come under fire from the Fiji Labour Party, with representative Dr. Sunil Kumar asserting that the legislation undermines democratic principles and curtails public discourse. During a session with the Standing Committee on Justice, Law and Human Rights, Dr. Kumar expressed the party’s position, highlighting that the bill is both unconstitutional and undemocratic.
According to Dr. Kumar, critical clauses within the bill – notably clauses 22 and 23 – impose restrictions on campaigning and public discussions by banning canvassing as well as the display of political posters and symbols. This is seen as a method to silence political parties, unions, religious organizations, and civil society groups. He particularly noted clause 25, which categorizes gatherings as unlawful if they are perceived to cause intimidation or annoyance, warning that such vague definitions could lead to the misuse of the law against peaceful assemblies.
Moreover, the legislation is criticized for its exclusionary approach towards youth under 18 and for the notably brief five-day notice period for polling information, which Dr. Kumar believes is insufficient for voters to make informed decisions. He raised alarms about the potential for selective enforcement, where police could arrest individuals without warrants based on ambiguous criteria. This could disproportionately affect smaller political parties, creating a challenging environment for diverse political participation.
Another significant concern raised by the Fiji Labour Party relates to the language of ballot papers, which are set to be printed exclusively in English. Dr. Kumar argues that this could disenfranchise voters who are not proficient in English, further complicating the democratic process.
Dr. Kumar firmly stated that the bill infringes upon freedoms of speech, assembly, and political rights as enshrined in the Constitution, ultimately contradicting essential democratic values such as transparency, pluralism, and fair public debate. He called on Parliament to reassess the bill critically, advocating for amendments that would repeal or modify restrictive provisions, expand notice periods, permit transparent campaigning, and ensure multilingual ballots are available.
In light of these concerns, Dr. Kumar emphasized the need for the constitutional referendum process to genuinely reflect the will of the populace, ensuring that it is conducted in a manner that is free, fair, and inclusive. His appeal underscores the importance of fostering a democratic environment where all voices can be heard and represented.
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