Dialogue Fiji Executive Director Nilesh Lal. [Photo: FILE]
Civil society organisation Dialogue Fiji has warned that the proposed Referendum Bill could seriously undermine freedom of expression and democratic standards in Fiji if passed in its current form.
Making an oral submission to the Standing Committee on Justice, Law and Human Rights committee, Dialogue Fiji Executive Director Nilesh Lal said key provisions of the Referendum Bill 2025 impose unprecedented restrictions on public debate and are inconsistent with modern democratic practice.
Lal said while Dialogue Fiji supports the establishment of a national referendum framework as required under the Constitution, the current Bill contains “severe flaws”, particularly Sections 22 and 23, which effectively ban public discussion on referendum issues.
“These provisions amount to blanket bans on referendum-related expression before, during and after the referendum,”
He warned that the Bill does not clearly define any restricted period, meaning the ban could apply indefinitely, criminalising ordinary discussion between citizens.
Lal rejected assurances from the Attorney-General’s Office that the provisions are not intended to gag public debate, stressing that in law the wording of legislation matters more than political intent.
He said such restrictions directly conflict with international democratic standards, including the Venice Commission’s Code of Good Practice on Referendums, which is widely regarded as the global benchmark for free and fair referendum processes.
Lal argued that if Fiji is serious about addressing criticisms that the 2013 Constitution suffers from a democratic deficit, any process to amend or replace it must meet higher, not lower, democratic standards.
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