The NGO Coalition on Human Rights has questioned Prime Minister Sitiveni Rabuka’s authority to announce December 9, 2026, as the date for Fiji’s national referendum before the Constitution Amendment Bill has completed the parliamentary process.
In a statement, the coalition raised serious concerns about whether the announcement complied with constitutional requirements and whether the powers of independent institutions were being respected.
The coalition said Section 160(2)–(5) of the 2013 Constitution outlines the procedures for constitutional amendments, including parliamentary approval, notification by the Speaker to the President and referral by the President to the Electoral Commission to conduct a referendum.
“Who has the constitutional authority to announce and formally initiate a referendum?” the coalition asked.
It said announcing a referendum date before the constitutional requirements had been fulfilled raised questions about whether the prescribed process was being followed.
The coalition also expressed concern over reports that the Prime Minister had requested the suspension of general election campaigning while preparations for the referendum were underway.
It pointed to Section 15(2) of the National Referendum Act 2026, which it said places responsibility on the Electoral Commission to consider whether election campaigning should be suspended.
The coalition stressed that such decisions must be made independently by the Commission rather than being treated as automatic directives from another authority.
It also warned that referendums involving complex constitutional issues could oversimplify important questions into a binary yes-or-no choice.
“Referendum campaigns on sensitive social issues can act as a ‘megaphone’ for prejudice,” the coalition said.
It argued that the proposed timeline did not provide sufficient opportunity for public education, consultation and informed debate.
The coalition called for immediate clarification of the legal authority to announce the referendum, respect for constitutional procedures and protection of the Electoral Commission’s independence.
It also urged authorities to publish the final constitutional proposals and referendum question well ahead of the vote, with information available in iTaukei, Fiji Hindi and English.
“A referendum must not only reflect the will of the people; it must also be conducted through a lawful and constitutionally sound process,” the coalition said.
It stressed that Fijians deserved certainty that the rules governing such a significant national decision were being respected.
