A prominent academic in Fiji is urging the Electoral Law Reform Commission to revise and modernize the term “unsound mind” as stated in the country’s electoral laws. Professor Shaista Shameem, the Vice Chancellor of the University of Fiji, voiced her concerns during public consultations about the review of the Electoral Act 2014 at Pasifika Community University.
Professor Shameem highlighted the risks of using outdated terminology, which could unfairly exclude voters deemed to have an “unsound mind.” She pointed out the ambiguity of the 2013 Constitution’s mention of disqualification for such individuals, arguing that it reflects a lack of clarity and could lead to injustices in voter access.
There exists a range of related legal definitions concerning voting rights for individuals classified as “unsound mind,” and she insists that a more nuanced and precise legal framework should be established. “It would be unfair to exclude individuals based on vague criteria; we must instead consider the reality that some people may only experience temporary mental instability,” she stated.
This call for reform resonates with ongoing efforts within the electoral system to foster inclusivity, which includes redefining the concept of disability in voting procedures. Justice Daniel Fatiaki, chair of the Electoral Law Reform Commission, has emphasized the importance of recognizing various barriers to voting, particularly in addressing the needs of those with mental disabilities.
The commission is positioned to examine several legislative measures to ensure all citizens can participate meaningfully in Fiji’s democracy. This ongoing discussion marks a significant step toward a more equitable electoral framework, enhancing the clarity and fairness of voting rights for all individuals—including those who may have previously been marginalized.
As a society, these proposed reforms illustrate a growing commitment to inclusivity, aiming to create an environment where every Fijian’s voice is heard and represented in governance. The potential to develop clearer definitions not only in the context of “unsound mind” but across various aspects of electoral law could lead to a future where legal standards align more closely with contemporary understandings of mental health and voter participation. This proactive approach is essential for building a just and representative democratic system in Fiji.
Leave a comment