The Fiji Law Society has raised concerns that changes passed by Parliament could restrict the work of foreign-funded civil society organisations for a longer period during an election campaign and limit scrutiny of some electoral decisions.
The society’s president, Graham Leung, said the amendments to the Electoral Act 2014 raised questions about freedom of expression, political participation and the accountability of public institutions. A separate civic organisation, the Centre for Democracy and Dialogue, has also called for the changes to be reconsidered.
Justice Minister Filimoni Vosarogo has defended the approach, saying people and organisations receiving foreign funds can carry out campaign-related activities if they comply with rules issued by the Electoral Commission. He said the changes were intended to balance oversight with participation by community groups.
What has changed?
Parliament passed the electoral amendments on 6 November. The dispute centres on section 115 of the Act, which addresses election-related activity by people and organisations receiving foreign funding or assistance.
According to the Law Society, the amendment replaces a period beginning with the announcement of an election date with the entire officially declared campaign period. The society says the provision encompasses activities such as debates, public forums, interviews and the publication of material about elections or electoral issues.
That does not mean every such activity is automatically prohibited. Vosarogo said foreign-funded people and groups may undertake campaign-related activities in accordance with the commission’s rules. He described the change as removing a total prohibition while retaining oversight of foreign-funded activity.
The minister said an organisation or individual could be directed by the Supervisor of Elections to modify or stop an activity that did not comply with the rules. The person receiving such a direction could appeal to the Electoral Commission, he said.
Vosarogo said the rules had been promulgated and were being prepared for publication on the commission’s website. He said they provide for foreign-funded people and entities to apply to the Supervisor for approval, with an appeal to the commission.
Concerns about timing and oversight
The Law Society said the commission declared the campaign period open on 25 May 2026. It argued that, if the next general election took place as late as 6 February 2027, affected organisations could face restrictions for more than eight months. The later date is a possibility cited in the discussion, not a prediction that polling will take place then.
The society compared this with a period of approximately 45 days following the election-date announcement for the 2022 general election. It questioned whether a longer period was necessary and proportionate when independent voter education and public discussion were important.
Vosarogo said the period in section 115 had been changed to match the period during which other campaign activity is regulated. He also said an election date could itself be announced months ahead of a poll.
Leung raised a further concern about a provision he said purported to make certain commission decisions final and prevent further appeal or review by a court or other body. The society argues that the ability to challenge unlawful administrative action is an important safeguard. Its warning is a legal assessment, not a court ruling on the effect or validity of the amendment.
The minister said the commission’s decision on an appeal was final and described that approach as consistent with other electoral laws. His comments set out the Government’s position; they do not resolve the society’s concerns about judicial oversight.
Voter education and civil society
The Centre for Democracy and Dialogue said the scope of the restrictions could create uncertainty for independent voter education, research and public discussion by organisations receiving international assistance. It has asked the Government to explain the need for the changes and preserve judicial review of commission decisions.
Both the centre and the Law Society acknowledge the need to prevent improper foreign interference in elections. They argue that partisan campaigning funded from abroad should be distinguished from international support for independent civic education and democratic discussion.
Vosarogo said voter education was a function of the Electoral Commission and the Supervisor of Elections. He said a separate part of section 115, under which community groups need written authorisation for voter education, applies at any time and was not amended.
The organisations’ concerns address the possible effects of the legislation and its administration, not a finding that any group has broken the law. Parliament’s passage of the amendments is distinct from the question of when particular provisions are brought into force.
