Fiji votes: MOG explains limits of its mandate

(L-R) MOG co-chairs, Indonesian Ambassador Muhsin Syihab, Australian MP Rebekha Sharkie, and Dharmendra Sharma, Senior Deputy Election Commissioner India.

The Multinational Observer Group (MOG) monitoring the Fiji election says it did not observe any significant irregularities or issues during pre-polling, postal voting or election day voting.

However, some political parties questioned the value of the MOG, given its terms of reference are set by the Fiji government.

“We have found that the Multinational Observers Group is just a waste of time. They come here for a good holiday and go back,” Fiji Labour Party leader Mahendra Chaudhry told journalists in the days after the election.

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MOG Co-Chair, Australian parliamentarian Rebekah Sharkie, says while political leaders are entitled to their views, “we were invited here by the Fijian government to be observers. We are here on an evidence base. We are not here to form opinions. And I don’t believe there has been any conflict of interest.”

The MOG found that the Fiji Elections Office was technically proficient and well-prepared to deliver a transparent and credible electoral process. “The MOG examined the FEO’s processes and procedures put in place to support the running of the General Election in 2022. The MOG observed that they were robust and had adequate checks and balances to ensure that any irregularities would be detected and mitigated.” 

Of the famous glitch in the FEO’s results app, Sharkie noted that while it caused concern for many people, their observers on the ground were notified immediately, and “we understand the error was resolved.”

While the MOG’s interim statement is couched in neutral language, it’s clear it has heard the concerns of community organisations, public submissions and other non-government stakeholders. It’s likely more detailed recommendations on civil society engagement and concerns will make it to the group’s final report. 

For example, it reflected on recent amendments to the electoral act, including changes that give the Supervisor of Elections expanded powers and give the Electoral Commission power to adopt and publish guidelines on opinion polls, surveys and research.

The MOG notes that “many non-government stakeholders and members of the parliament raised concerns in relation to these amendments and their impact on the interaction between the public and electoral authorities.”

It also noted concerns from CSOs over being “excluded from the electoral process given their traditional role in civic education” while commending the FEO for its efforts to “expand its engagement with voters at all levels of the community.” 

“The MOG notes that active participation of civil society in election-related activities, including using civil society as domestic observers and engaging with civil society as stakeholders, is a component of a healthy democracy.”

The MOG further noted criticism after the 2018 General Election over the lack of laws, guidance and conventions regarding the conduct of Ministers, Members of Parliament and bureaucracy once Parliament is dissolved ahead of a general election, noting, “In 2022, many non-government stakeholders again raised this criticism with the MOG as an ongoing key concern that directly impacts on public confidence in the electoral process. Many non-government stakeholders told the MOG that this gave any incumbent government an unfair political advantage in elections by allowing them to announce and implement government programs during the campaign period.”

Fiji does not have a formal caretaker period. As a result, on December 3, less than two weeks before voting day, the Attorney General attended both his annual conference at a plush resort in Nadi and launched free television and Wi-Fi hotspot services at Ba market. Both activities were well publicised on the government’s social media channels, garnering likes and positive comments from government supporters.

The MOG also noted concerns over the September 2021 amendment to the electoral act which requires individuals to register to vote using their name as specified on their birth certificate, reporting that many non-government stakeholders, including the public, criticised the amendment as adversely affecting women and iTaukei voters.

“Without further disaggregated statistics on voter turnout and the voter register, the MOG cannot assess the impact of the amendment. However, stakeholders raised concerns that the amendment has not been subject to sufficient consultation, contributing to declining trust and confusion amongst some communities.”

Supervisor of Elections, Mohammed Saneem says desegregated data, including the split between women and men voters, will not be available for six months.

Seven women have filed a constitutional challenge against the change, with their lawyer saying the amendment is arbitrary and unjustified. Their case has been heard, with the court’s decision pending.

The final MOG report is expected early next year, but Sharkie has reiterated that its mandate is closely defined.

“It’s not our job to investigate. Our job is to observe, make commentary, and then leave it to the officials to then take it to the next step, how they wish to change. We will make recommendations. And that will be in the final report.”