Chaudhry: Referendum Bill Is unconstitutional and silences public debate

Listen to this article:

Fiji Labour Party leaderMahendra Chaudhry. Picture: JONACANI LALAKOBAU/File
Fiji Labour Party Leader Mahendra Chaudhry has strongly condemned the proposed Referendum Bill, calling it “unconstitutional” and accusing Attorney General Siromi Turaga of “deliberately and blatantly misleading the nation” about its true impact on public freedoms.
Chaudhry disputes the Attorney General’s claim that the Bill does not restrict public debate or advocacy, saying Clause 23, titled Prohibition on Canvassing, is explicit in banning people from “discussing or consulting with anyone else, by word, message, writing, or through home visits” on matters related to a referendum.
“Is this not an outright ban on public debate and campaigning on a referendum issue?” Chaudhry asked.
He further pointed to Clause 22, which prevents anyone except the Supervisor of Elections from printing, publishing, or distributing advertisements, handbills, placards or posters connected to a referendum “before, during or after” the vote.
“Any breach carries a $1000 fine and up to one year in jail, and even allows police to arrest without a warrant,” he said, describing the combined effect of the provisions as “draconian” and “an outright denial of people’s right to freedom of expression, association, and assembly.”
Chaudhry argued that citizens must be allowed to be informed and educated before a referendum, yet “nowhere in the Bill is there any reference to the people’s right to a public debate or advocacy.”