The NGO Coalition on Human Rights (NGOCHR) has questioned the constitutional authority behind Prime Minister Sitiveni Rabuka’s announcement that Fiji’s national referendum will be held on 09 December, saying the process must comply with constitutional and legal requirements.
The coalition said uncertainty over the respective roles of the Prime Minister, Parliament, the President and the Electoral Commission raised concerns about the legality of the proposed referendum timetable.
The coalition said the Constitution Amendment Bill had yet to complete its parliamentary process, raising questions about whether the requirements for formally initiating the referendum had been met.
“Who has the constitutional authority to announce and formally initiate a referendum?” the coalition asked in a statement.
It said Section 160(2) to (5) of Fiji’s 2013 Constitution sets out the procedures for constitutional amendments, including the parliamentary process, notification by the Speaker to the President, and referral by the President to the Electoral Commission to conduct a referendum.
The coalition said public participation in constitutional decisions was important but must be supported by legality, transparency and due process.
It also warned that referendums on sensitive social issues could amplify prejudice and reduce complex policy questions to a simple “Yes or No” choice.
The coalition argued that the proposed timetable required careful scrutiny, adequate preparation and sufficient time for public debate and civic education.
It also raised concerns about a reported request to suspend general election campaigning while preparations for the referendum were under way.
The coalition referred to Section 15(2) of the National Referendum Act 2026, saying the provision gives the Electoral Commission responsibility to consider whether general election campaigning should be suspended.
It said decisions affecting electoral processes must be made by the legally authorised institution, exercising its independent judgement in accordance with the law.
The coalition called for immediate clarification of the legal authority for announcing the referendum date and the steps required before the vote could formally proceed.
It also urged respect for the separate constitutional responsibilities of Parliament, the Speaker, the President and the Electoral Commission, as well as protection of the Commission’s independence.
The group said the final referendum proposals and question should be published well ahead of voting day to allow sufficient time for public discussion and independent civic education.
It called for information to be provided in iTaukei, Fiji Hindi and English, as well as accessible formats, so voters could understand the proposals and their implications.
“Fijians deserve certainty that the rules governing such a significant national decision are being respected,” the coalition said.
The NGOCHR said a referendum must not only reflect the will of the people but also be conducted through a lawful and constitutionally sound process.
Its members include the Fiji Women’s Crisis Centre, Fiji Women’s Rights Movement, Citizens’ Constitutional Forum, femLINKpacific, Social Empowerment Education Programme and DIVA for Equality Fiji. The Fiji Women’s Crisis Centre serves as the coalition’s current chair and secretariat.
