THE Fiji Law Society has called on Government to explain why it has extended restrictions on election-related activities by civil society organisations, warning the changes could limit public debate, voter education and scrutiny of political issues for more than eight months ahead of the next general election.
FLS president Graham Leung said amendments to Section 115 of the Electoral Act 2014 raised serious concerns about constitutional freedoms and the accountability of public institutions.
He said the amendments extended restrictions beyond the period following the announcement of an election date to cover the entire officially declared campaign period, which began in May.
With the next general election expected to be held no later than February 6, 2027, Mr Leung said affected organisations could face restrictions for more than eight months, compared with about 45 days under the previous timeframe.
The restrictions apply to organisations receiving foreign funding or assistance and cover activities including public debates, forums, meetings, interviews, panel discussions and the publication of election-related material.
Mr Leung said preventing improper foreign interference in elections was a legitimate objective, but warned against treating international development assistance for independent voter education, research, public-interest advocacy and democratic dialogue as partisan political campaigning.
He said the threat of criminal prosecution for organising public discussions, publishing electoral analysis or conducting non-partisan voter education could discourage organisations from carrying out legitimate activities.
Mr Leung also raised concerns about Section 115(2C), which seeks to prevent certain decisions by the Electoral Commission from being challenged through further appeals or reviews by courts, tribunals or other adjudicating bodies.
He said the right to challenge unlawful administrative decisions was an important safeguard against the arbitrary exercise of public power.
The FLS president said the Constitution protected freedom of expression, assembly, association and political participation, as well as the right to lawful, rational and procedurally fair administrative action.
The Society has also asked Government to provide evidence supporting the changes and explain why narrower measures would not be sufficient to prevent foreign interference in elections.
