Fiji Labour Party representative Dr Sunil Kumar. [Photo: SUPPLIED]

The draft National Referendum Bill (Bill No. 46 of 2025) criminalises normal campaigning and silences public discussion.

This was according to Fiji Labour Party representative Dr Sunil Kumar during the Standing Committee on Justice, Law and Human Rights’ receipt of submissions on the bill.

Dr Kumar says the party’s view is that the bill is unconstitutional and undemocratic. He says clauses 22 and 23 ban canvassing, discussion, and the display of posters, symbols and advertisements, creating a gag on political parties, unions, churches and civil society groups.

“Clause 25 defines gatherings as unlawful if they cause intimidation. Which may be fine. Alarm or even annoyance. That is very troubling. Annoyance is subjective and can be abused against peaceful groups.”

Dr Kumar adds that the legislation restricts participation by youth under 18 and limits notice periods for polling information to just five days, which he says is too short for informed decision-making.

He warns that the bill enables selective enforcement, allows police to arrest without warrants and creates a chilling effect against smaller parties.

The FLP also raises concerns about ballot papers being printed in English only, potentially excluding voters who do not understand the language.

Dr Kumar says the bill violates freedom of speech, assembly and political rights enshrined in the Constitution, contradicting principles of transparency, pluralism and fair public debate.

He urges Parliament to amend the bill, including repealing or narrowing restrictive clauses, extending notice periods, allowing transparent campaigning and providing multilingual ballots.

Dr Kumar says a constitutional referendum must reflect the genuine will of the people and be free, fair and open.

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