Delete undemocratic clauses from Referendum Bill — Naidu

Prominent Suva-based lawyer Richard Naidu has called for the immediate removal of three key clauses in the proposed National Referendum Bill, warning they are fundamentally undemocratic and likely unconstitutional.

Speaking at a parliamentary committee hearing yesterday, Mr Naidu said clauses 22, 23 and 27 breach constitutional rights to freedom of expression and political participation.

He told the committee the Bill would remain workable even if the clauses were removed entirely.

Mr Naidu said clause 22 bans all referendum-related badges, symbols, placards and advertisements, except those issued by the Supervisor of Elections.

Clause 23, he said, goes further by prohibiting home visits and any attempt to persuade voters.

Clause 27 prevents anyone under the age of 18 from attending political meetings.

Mr Naidu warned the combined effect of the clauses would severely restrict public debate and civic participation.

He said the provisions could prevent newspapers from carrying referendum advertisements, citizens from displaying placards and even public criticism after a referendum has concluded.

Mr Naidu also challenged Government claims that the Bill reflects laws in Australia and Singapore.

He said Australian legislation targets misleading or deceptive material, not blanket bans on campaigning or political expression.

On Singapore’s referendum laws, he noted they were more than six decades old and were enacted in a system that does not offer strong protections for freedom of expression.

Mr Naidu said international freedom rankings showed Fiji performing better than Singapore in terms of civil and political rights.

He warned the clauses would likely be struck down if challenged in court.

Mr Naidu said Fiji should not move backwards on civil liberties, noting the country was recognised in 2023 as the world’s most improved nation for civil liberties.