Civil society organization Dialogue Fiji has raised significant concerns regarding the proposed Referendum Bill, which they warn could severely limit freedom of expression and the integrity of democratic standards in the country if enacted in its present form. During a recent oral submission to the Standing Committee on Justice, Law and Human Rights, the Executive Director of Dialogue Fiji, Nilesh Lal, articulated that key elements of the Referendum Bill 2025 impose unprecedented restrictions on public debate, raising alarms about their compatibility with modern democratic practices.
Lal emphasized that while Dialogue Fiji supports the need for a national referendum framework mandated by the Constitution, the current draft of the Bill is fundamentally flawed. He pinpointed Sections 22 and 23 as particularly concerning, as they effectively prohibit public discussion surrounding referendum-related issues. According to Lal, these sections impose “blanket bans” on any discourse relating to referendums both prior to and following the voting period.
An alarming aspect of the proposed Bill is that it does not specify any clear time frame for these restrictions, potentially making the prohibition perpetual and criminalizing ordinary conversations among citizens. Lal firmly criticized the assurances provided by the Attorney-General’s Office, which claimed that these provisions were not intended to suppress public discourse. He argued that the precise language of the legislation is paramount in legal interpretations, overshadowing any expressed political motivations behind it.
Furthermore, Lal asserted that such limitations directly contravene international democratic norms, including the Venice Commission’s Code of Good Practice on Referendums, which is considered a global standard for ensuring free and fair voting processes. He posited that if Fiji genuinely aims to counter criticisms regarding the democratic deficiencies within the 2013 Constitution, any move to amend or replace it must adhere to superior democratic principles rather than compromise them.
The dialogue surrounding the Referendum Bill highlights the critical balance required in promoting democratic integrity while ensuring public engagement in vital national discussions. The concerns raised by Dialogue Fiji serve as a reminder of the importance of protecting free expression in the face of legislative changes that could impact the democratic process.
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