The Centre for Democracy & Dialogue (CDD) has written to the Electoral Commission asking it to independently assess whether Fiji can credibly conduct its first national referendum within the Government’s proposed November to mid-December timeframe.
In a letter to Electoral Commission Chairperson Justice Usaia Ratuvili, CDD said a referendum date should not be fixed until the Commission has publicly stated how much time and preparation it requires to administer the process properly.
CDD Chief Executive Officer Nilesh Lal said the proposed timetable raises serious practical concerns because the National Referendum Bill 2025 has still not been enacted.
“Fiji would not be activating an established referendum framework that has already been interpreted and tested. We would be creating Fiji’s referendum system and almost immediately using it for the first time to decide whether to adopt what is, in substance, a substantially new Constitution,” Mr Lal said.
CDD said conducting a constitutional referendum requires considerably more than just printing a different ballot paper and organising polling.
The Electoral Commission and Fijian Elections Office would need to operationalise the new law, develop procedures, train officials, establish campaign and compliance arrangements, prepare voter-information materials, determine voting and counting processes, and put in place complaints and dispute-resolution mechanisms.
The referendum question would also require careful scrutiny to ensure voters clearly understand the legal choice before them.
CDD has asked the Commission to clarify how much lead time it requires after enactment of the Referendum Act, what regulations and systems must first be established, how much time would be needed for staff preparation and voter education, how the referendum question would be tested, and whether a November or December referendum would affect preparations for the next General Election.
“Government’s stated December timetable should not create an expectation that the Electoral Commission can responsibly deliver Fiji’s first national referendum within weeks of receiving the legislation that tells it how that referendum must be run,” Mr Lal said.
CDD said the timing also creates an institutional capacity issue because the Electoral Commission and FEO are already preparing for the next General Election.
“A November or December referendum would require the Commission and FEO simultaneously to prepare for a national election while establishing and administering an entirely new form of national vote under legislation enacted only weeks earlier,” Mr Lal said.
CDD also drew attention to the Venice Commission’s Revised Code of Good Practice on Referendums, which emphasises the importance of legal stability and adequate preparation before referendum rules are applied.
“The Commission is best placed to explain what credible referendum administration actually requires. We hope it will do so clearly, including where the time available is insufficient for the standards the Commission itself would expect to meet,” Mr Lal said.
CDD said its concern was also to ensure that the Electoral Commission and FEO were not later held responsible for weaknesses in a referendum process caused by an unrealistic implementation period.
“A constitutional referendum of this significance should proceed when the legal framework is settled, the Commission is operationally ready, the question has been properly tested, voters have been adequately informed and the elections management body is satisfied that it can administer the process credibly,” Mr Lal said.
Read CDD’s full letter to the Electoral Commission of Fiji (PDF)
