The Fiji Women’s Crisis Centre (FWCC) has raised significant concerns regarding the national draft Referendum Bill, labeling it as poorly constructed. During a presentation to the Law, Justice and Human Rights Committee, Miliana Tarai, the Legal Services Manager at FWCC, highlighted various grammatical and linguistic issues within the Bill. She emphasized that these errors create ambiguity around the intended meaning of several provisions.
Tarai criticized the Bill for closely mirroring the Singapore National Referendum Ordinance, suggesting it fails to account for the unique challenges and realities faced by the people of Fiji. She argued that this disconnect undermines the principles of democracy, cautioning that while referencing international laws is beneficial, it is crucial for lawmakers to adapt such examples to fit local contexts accordingly. “Look globally, but think locally,” she advised.
Additionally, the FWCC expressed concerns regarding the enforcement powers outlined in sections 22(2) and 26(3) of the Bill, which allow police officers to make arrests without a warrant for violates related to the Bill’s provisions. Tarai pointed out that the Bill lacks clarity on the severity of conduct needed to justify such arrests and does not provide guidelines on when such enforcement is necessary or if there are alternative options available.
The FWCC’s critique of the draft Bill underscores the importance of creating legislation that is not only precise but also sensitive to the country’s cultural and social landscape, reflecting the lived experiences of its citizens. Their call for a more thoughtful approach to lawmaking serves as a reminder of the need for democratic processes that genuinely represent the populace.
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