Foreign-funded NGOs allowed to conduct election campaigns under new rules

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Civil society organisations receiving foreign funding will be allowed to conduct election-related activities, including debates, public forums, panel discussions and interviews, under new rules approved by the Electoral Commission.

In a joint statement issued yesterday, the Electoral Commission (EC) and Fijian Elections Office (FEO) clarified that recent amendments to the Electoral Act 2014 did not impose a blanket ban on foreign-funded organisations participating in election-related activities.

Instead, organisations must comply with the Campaign Related to an Election by Persons in Receipt of Foreign Funding Rules 2026, which are now in force.

“At the heart of these Rules is a guiding principle that civic participation, including public information and community engagement on electoral matters, is a fundamental democratic right,” the statement said.

“Accordingly, the Rules are to be interpreted and applied in a manner that facilitates, rather than restricts, such participation.”

The Commission said the rules established two pathways for organisations receiving foreign funding.

Those intending to conduct campaign activities without using foreign funds must apply to the Supervisor of Elections and demonstrate that no foreign funding or influence is involved.

Where foreign funding is used, the Supervisor will assess the nature and content of the proposed activity, the proportion of foreign funding involved and whether donors have attempted to influence the campaign towards a particular candidate, political party or voting outcome.

All campaign activities must provide balanced and neutral information.

The Supervisor of Elections must decide on applications within seven days.

Organisations dissatisfied with a decision can seek a review by the Electoral Commission within three days, with the Commission required to determine the review within another three days.

The Commission’s decision will be final.

The EC and FEO said the amendments removed the previous blanket prohibition on foreign-funded campaign activities while maintaining regulatory oversight.

However, organisations that fail to comply with the rules may be directed by the Supervisor of Elections to modify or cease their activities.

The electoral bodies also clarified that campaign-related activities and voter education were governed by different requirements.

Under Section 115(2) of the Electoral Act 2014, organisations must continue to obtain written authorisation from the Electoral Commission or Supervisor of Elections before conducting voter education activities.

This requirement applies at all times and remains unchanged.

The Commission acknowledged concerns raised by civil society organisations about the amendments and reaffirmed their role in promoting democratic participation.

“Organisations that engage in voter education, civic information and community outreach play a vital role in a healthy democracy and the EC is committed to supporting that participation within the law,” the statement said.

The Commission said an application form outlining the requirements was being prepared and would soon be available on the FEO website.

The new rules are already in force and have been published on the Electoral Commission’s website.