Ex-AG warns National Referendum Bill silences Fijians

Former Attorney-General Aiyaz Sayed-Khaiyum says the proposed National Referendum Bill effectively silences every Fijian from discussing changes to the country's supreme law and he wants two of its key sections scrapped entirely.

Making submissions to the Standing Committee on Justice, Law and Human Rights yesterday, Mr Sayed-Khaiyum said the bill goes against the constitutional rights of every citizen.

"It stops every single opportunity for any Fijian to discuss the referendum," he said.

He said Sections 22 and 23 of the bill were the biggest problems and recommended both be removed.

Section 22 bans producing or distributing any referendum-related material, while Section 23 makes it illegal to persuade or dissuade anyone from voting a certain way.

This include explaining the referendum to a family member who does not speak English.

"It is so vast. It's actually quite draconian, frankly," he said.

He also raised these concerns:

• Gatherings of more than five people to discuss the referendum would be illegal, and police could arrest offenders without a warrant
• Section 26 sets such a low bar – "causing annoyance" during a referendum meeting – that a conviction could disqualify a politician from standing for election for eight years
• Section 27 bars anyone under 18 from taking part in any referendum activity whatsoever
• The bill makes no mention of social media or digital platforms, referencing only loudspeakers
• The bill's explanatory notes simply restate what sections say rather than explain why they exist

He called on the committee to send the bill back to Justice Minister Siromi Turaga for a full review.