The Acting Attorney-General and Minister for Justice, Siromi Turaga, has moved to reassure the public regarding the National Referendum, countering claims that the proposed legislation infringes on constitutional rights to free speech or has hidden political agendas. In a statement addressing the growing concerns, Turaga argued that certain online criticisms were creating “unnecessary alarm” by misrepresenting the Bill’s intent and legal framework.
Specifically, Turaga addressed Clauses 22 and 23 of the Bill, which impose regulations on the use of badges, symbols, and emblems, as well as on canvassing activities during the referendum period. He emphasized that these measures are meant to preserve the integrity of the electoral process. “These clauses align with international best practices designed to prevent undue influences on voting or interference with political autonomy,” he stated.
Turaga noted that similar regulations already exist within Fiji’s legal framework, referencing Section 145 of the 2014 Electoral Act. He highlighted that comparable laws can be found in other countries, such as Singapore’s National Referendum Ordinance 1961 and Australia’s Referendum (Machinery Provisions) Act 1984.
In addressing constitutional questions, Turaga clarified that the right to freedom of speech under Section 17 of the Constitution is not absolute. He stated, “The Constitution makes it clear that laws may limit these rights when necessary for national security, public safety, public order, public morality, public health, or the orderly conduct of elections.” He further referred to Section 7(3) of the Constitution, which encourages courts to interpret laws restrictively rather than invalidating them outright.
Turaga highlighted that the Bill is still under parliamentary review and has not yet been enacted, as it is currently before the Standing Committee on Justice, Law and Human Rights. He encouraged the public to engage in the democratic process by submitting their views to the Committee. “We urge that submissions be made so the perspectives of concerned citizens and ordinary Fijians can be taken into account as we seek to create a law that is responsive and effective in the context of Fiji,” he remarked.
This proactive approach by the Acting Attorney-General emphasizes the importance of public participation in shaping legislation, fostering a collaborative environment ahead of the referendum process.
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