Abstract
The Republic of Vanuatu is a small state consisting of more than 80 islands, most of them inhabited. In 1906 it came under rule as Anglo-French “New Hebrides Condominium” and gained independence from its protecting powers in 1980. It is a parliamentary democracy with a unicameral system. The 52 Members of Parliament are elected through universal suffrage every 4 years. The President is elected for a 5-year term by an electoral college consisting of the Members of Parliament and the Presidents of the Provincial Councils.
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Notes
- 1.
Cf BBC country profile Vanuatu (http://www.bbc.co.uk/news/world-asia-16426193) and CIA World Factbook (Vanuatu).
- 2.
According to the National Census 2009.
- 3.
Cf Sect. 1.1.3, p. 6 for details.
- 4.
Also Fiji and the Solomon Islands followed this model and have promulgated a Leadership Code.
- 5.
The President, who must abide by the Leadership Code, is not under the Ombudsman’s jurisdiction (s34(1) LCA). Art. 36 Const. foresees a procedure to remove the President from office for gross misconduct or incapacity. In such a case, the Electoral College (consisting of all Members of Parliament and the Chairmen of the Local Government Councils) is competent to act (art. 34 Const.). The threshold for introducing a motion is one third of votes of the Members of the College.
- 6.
The National Council of Chiefs is provided for by the Constitution. It consists of Custom Chiefs elected by their peers, sitting in the District Councils of Chiefs. The National Council of Chiefs has a general competence to discuss all matters relating to custom and tradition and may make recommendations for the preservation and promotion of Ni-Vanuatu culture and languages (art. 29–32 Const.).
- 7.
Information provided by the Institution.
- 8.
The Board of the Pacific Ombudsman Alliance (POA) supported the Vanuatu Ombudsman in reconvening a legislative reform discussion forum on 1 December 2010, cf POA Network News Issue 24, May 2011.
- 9.
Information provided by the Institution.
- 10.
This is irrespective of whether or not it is in accordance with law or practice.
- 11.
It is then the Public Prosecutor’s obligation to consider the report and, if he or she decides not to prosecute due to insufficient evidence, he or she shall notify the Prime Minister of the decision within seven days, giving reasons for the decision. In addition, a notice in the official gazette is to be published within 14 days, stating that the Public Prosecutor has decided not to prosecute, and setting out the reasons for the decision (s35 LCA).
- 12.
Either alone or in combination with other information.
- 13.
Cf Sect. 3.2.6.2, p. 55 for more details.
- 14.
According to the general jurisdiction of the Ombudsman, the President of the Republic, the Judicial Service Commission, the Supreme Court and other judicial bodies are excluded.
- 15.
Excluding breaches of the Leadership Code.
- 16.
These public reports can be found online at www.paclii.org/vu/ombudsman/.
Further Reading
Overview of Legislation: www.paclii.org/vu/legis/consol_act/oa114/; www.paclii.org/vu/legis/consol_act/lca131/
Annual Reports: Currently not available online. However, public reports can be found at www.paclii.org/vu/ombudsman/
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© 2013 Springer-Verlag Berlin Heidelberg
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Frahm, M. (2013). Vanuatu: Ombudsman. In: Australasia and Pacific Ombudsman Institutions. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-33896-0_22
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DOI: https://doi.org/10.1007/978-3-642-33896-0_22
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