|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
[Report an error]
[F.A.Q.]
Vanuatu Consolidated Legislation |
LAWS
OF THE REPUBLIC OF
VANUATU
REVISED
EDITION 1988
CONSTITUTION
OF THE
REPUBLIC OF
VANUATU
Act
10 of 1980
Act 15 of
1981
Act 20 of 1983
ARRANGEMENT OF ARTICLES
ARTICLE
CHAPTER
1
THE STATE AND
SOVEREIGNTY
1. Republic of
Vanuatu
2. Constitution supreme
law
3. National and official
languages
4. National sovereignty,
the
electoral franchise and political
parties
CHAPTER 2
FUNDAMENTAL RIGHTS AND DUTIES
PART I
Fundamental Rights
5. Fundamental rights and
freedoms of the individual
6.
Enforcement of fundamental rights
PART II
Fundamental Duties
7. Fundamental
duties
8. Fundamental duties
non-justiciable but public authorities to encourage compliance
CHAPTER 3
CITIZENSHIP
9. Automatic
citizens
10. Entitlement to
citizenship
11. Persons born after Day
of Independence
12.
Naturalisation
13. Avoidance of dual
nationality
14. Further provision for
citizenship
CHAPTER 4
PARLIAMENT
15.
Parliament
16. Power to make
laws
17. Election of members of
Parliament
18. Electoral
Commission
19. Principal Electoral
Officer
20. Functions of Electoral
Commission and Principal Electoral
Officer
21. Procedure of
Parliament
22. Speaker and Deputy
Speakers
23.
Committees
24. Proceedings to be
public
25. Public
finance
26. Ratification of
treaties
27. Privileges of
members
28. Life of
Parliament
CHAPTER 5
NATIONAL COUNCIL OF CHIEFS
29. National Council of
Chiefs
30. Functions of
Council
31. Organisation of Council
and role of chiefs
32. Privileges of
members of Council
CHAPTER 6
HEAD OF STATE
33. President of the
Republic
34. Election of
President
35. Qualifications for
election as President
36. Term of
office and removal of President
37.
Speaker to act as President
38.
Presidential powers of pardon, commutation and reduction of sentences
CHAPTER 7
THE EXECUTIVE
39. Executive
power
40. Council of
Ministers
41. Election of Prime
Minister
42. Appointment and removal
of other Ministers
43. Collective
responsibility of Ministers and votes of no
confidence
44. Termination of office
of Ministers
45. Other times when a
Minister ceases to hold office
46.
Ministers to remain members of Parliament
CHAPTER 8
JUSTICE
47. The
Judiciary
48. The Judicial Service
Commission
49. The Supreme Court, the
Chief Justice and other
judges
50.
Appeals from Supreme Court
to
Court of
Appeal
51. Ascertainment of rules of
custom
52. Village and island
courts
53. Application to Supreme
Court regarding infringements of
Constitution
54. Election
disputes
55. Public
Prosecutor
56. Public
Solicitor
CHAPTER 9
ADMINISTRATION
PART
I
The Public Service
57. Public servants
58. Exclusion of security of tenure in relation to political advisers and transfer of public servants
59. Membership of Public
Service Commission
60. Functions of
Public Service Commission
PART
II
The Ombudsman
61.
Ombudsman
62. Enquiries by
Ombudsman
63. Findings of Ombudsman
and reports
64. Right of a citizen to
services in own language
65. Ombudsman
not subject to direction or control
CHAPTER 10
LEADERSHIP CODE
66.
Conduct of leaders
67. Definition of a
leader
68. Parliament to give effect
to this Chapter
CHAPTER 11
EMERGENCY POWERS
69.
Emergency regulations
70. Period of
and renewals of state of emergency
71.
Effect of emergency regulations
72.
Complaints to Supreme Court concerning emergency regulations
CHAPTER 12
LAND
73.
Land belongs to custom owners
74.
Basis of ownership and use
75.
Perpetual ownership
76. National land
law
77.
Compensation
78.
Disputes
79. Land
transactions
80. Government may own
land
81. Redistribution of
land
CHAPTER 13
DECENTRALISATION
82.
Legislation for decentralisation
83.
Local Government Councils
CHAPTER
14
AMENDMENT OF THE
CONSTITUTION
84.
Bills for amendment of
Constitution
85. Procedure for passing
Constitutional amendments
86.
Amendments requiring support of referendums
CHAPTER 15
TRANSITIONAL PROVISIONS
87.
First President of the Republic
88.
First Prime Minister and other
Ministers
89. First
Parliament
90. Existing
offices
91. Judges of the Supreme
Court
92. Rights, liabilities and
obligations
93. Electoral
system
94. Legal
proceedings
95. Existing
law
SCHEDULE 1:
ELECTION OF THE PRESIDENT OF THE REPUBLIC
SCHEDULE 2: ELECTION OF THE PRIME
MINISTER
--------------------------------
CONSTITUTION OF THE REPUBLIC OF VANUATU
WE
the people of
Vanuatu,
PROUD
of our struggle for
freedom,
DETERMINED
to safeguard the achievements of this
struggle,
CHERISHING
our ethnic, linguistic and cultural
diversity,
MINDFUL
at the same time of our common
destiny,
HEREBY
proclaim the establishment of the united and free Republic of Vanuatu founded on
traditional Melanesian values, faith in God,
and Christian
principles,
AND
for this purpose give ourselves this Constitution.
CHAPTER
1
THE STATE AND
SOVEREIGNTY
REPUBLIC
OF VANUATU
1. The Republic of Vanuatu is a sovereign democratic state.
CONSTITUTION
SUPREME LAW
2. The Constitution is the supreme law of the Republic of Vanuatu.
NATIONAL
AND OFFICIAL LANGUAGES
3. (1) The national language of the Republic of Vanuatu is Bislama. The official languages are Bislama, English and French. The principal languages of education are English and French.
(2) The Republic of Vanuatu shall protect the different local languages which are part of the national heritage, and may declare one of them as a national language.
NATIONAL SOVEREIGNTY, THE
ELECTORAL FRANCHISE AND POLITICAL PARTIES
4.
(1) National sovereignty belongs to the people of Vanuatu which they exercise
through their elected
representatives.
(2) The franchise
is universal, equal and secret. Subject to such conditions or restrictions as
may be prescribed by Parliament, every
citizen of Vanuatu who is at least 18
years of age shall be entitled to
vote.
(3) Political parties may be
formed freely and may contest elections. They shall respect the Constitution and
the principles of democracy.
CHAPTER 2
FUNDAMENTAL RIGHTS AND DUTIES
PART I - Fundamental Rights
FUNDAMENTAL
RIGHTS AND FREEDOMS OF THE INDIVIDUAL
5. (1) The Republic of Vanuatu recognises, that, subject to any restrictions imposed by law on non-citizens, all persons are entitled to the following fundamental rights and freedoms of the individual without discrimination on the grounds of race, place of origin, religious or traditional beliefs, political opinions, language or sex but subject to respect for the rights and freedoms of others and to the legitimate public interest in defence, safety, public order, welfare and health-
(a) life;
(b) liberty;
(c) security of the person;
(d) protection of the law;
(e) freedom from inhuman treatment and forced labour;
(f) freedom of conscience and worship;
(g) freedom of expression;
(h) freedom of assembly and association;
(i) freedom of movement;
(j) protection for the privacy of the home and other property and from unjust deprivation of property;
(k) equal treatment under the law or administrative action, except that no law shall be inconsistent with this sub-paragraph insofar as it makes provision for the special benefit, welfare, protection or advancement of females, children and young persons, members of under-privileged groups or inhabitants of less developed areas.
(2) Protection of the law shall include the following-
(a) everyone charged with an offence shall have a fair hearing, within a reasonable time, by an independent and impartial court and be afforded a lawyer if it is a serious offence;
(b) everyone is presumed innocent until a court establishes his guilt according to law;
(c) everyone charged shall be informed promptly in a language he understands of the offence with which he is being charged;
(d) if an accused does not understand the language to be used in the proceedings he shall be provided with an interpreter throughout the proceedings;
(e) a person shall not be tried in his absence without his consent unless he makes it impossible for the court to proceed in his presence;
(f) no-one shall be convicted in respect of an act or omission which did not constitute an offence known to written or custom law at the time it was committed;
(g) no-one shall be punished with a greater penalty than that which exists at the time of the commission of the offence;
(h) no person who has been pardoned, or tried and convicted or acquitted, shall be tried again for the same offence or any other offence of which he could have been convicted at his trial.
ENFORCEMENT OF FUNDAMENTAL RIGHTS
6.
(1) Anyone who considers that any of the
rights guaranteed to him by the Constitution has been, is being or is likely to
be infringed
may, independently of any other possible legal remedy, apply to the
Supreme Court to enforce that
right.
(2) The Supreme Court may
make such orders, issue such writs and give such directions, including the
payment of compensation, as it
considers appropriate to enforce the
right.
PART II-Fundamental Duties
FUNDAMENTAL DUTIES
7.
Every person has the following fundamental duties to himself and his descendants
and to others-
(a) to respect and to act in the spirit of the Constitution;
(b) to recognise that he can fully develop his abilities and advance his true interests only by active participation in the development of the national community;
(c) to exercise the rights guaranteed or conferred by the Constitution and to use the opportunities made available to him under it to participate fully in the government of the Republic of Vanuatu;
(d) to protect the Republic of Vanuatu and to safeguard the national wealth, resources and environment in the interests of the present generation and of future generations;
(e) to work according to his talents in socially useful employment and, if necessary, to create for himself legitimate opportunities for such employment;
(f) to respect the rights and freedoms of others and to cooperate fully with others in the interests of interdependence and solidarity;
(g) to contribute, as required by law, according to his means, to the revenues required for the advancement of the Republic of Vanuatu and the attainment of national objectives;
(h) in the case of a parent, to support, assist and educate all his children, legitimate and illegitimate, and in particular to give them a true understanding of their fundamental rights and duties and of the national objectives and of the culture and customs of the people of Vanuatu;
(i) in the case of a child, to respect his parents.
FUNDAMENTAL DUTIES NON-JUSTICIABLE BUT PUBLIC AUTHORITIES TO ENCOURAGE COMPLIANCE
8. Except as provided by law, the fundamental duties are non-justiciable. Nevertheless it is the duty of all public authorities to encourage compliance with them so far as lies within their respective powers.
CHAPTER 3
CITIZENSHIP
AUTOMATIC CITIZENS
9. On the Day of Independence the following persons shall automatically become citizens of Vanuatu-
(a) a person who has or had four grandparents who belong to a tribe or community indigenous to Vanuatu; and
(b) a person of ni-Vanuatu ancestry who has no citizenship, nationality or the status of an optant.
ENTITLEMENT TO CITIZENSHIP
10. Every person who on the Day of Independence is a person of ni-Vanuatu ancestry and has the nationality or citizenship of a foreign state or the status of an optant shall become a citizen of Vanuatu if he makes an application, or an application is made on his behalf by his parent or lawful guardian, within 3 months of the Day of Independence or such longer period as Parliament may prescribe. The Vanuatu citizenship of such a person shall automatically lapse if he has not renounced his other citizenship or nationality within 3 months of the granting of Vanuatu citizenship or such longer period as Parliament may prescribe, except that in the case of a person under the age of 18 years the period of renunciation shall be 3 months after he has reached the age of 18 years.
PERSONS BORN AFTER DAY OF INDEPENDENCE
11. Anyone born after the Day of Independence, whether in Vanuatu or abroad, shall become a citizen of Vanuatu if at least one of his parents is a citizen of Vanuatu.
NATURALISATION
12.
A national of a foreign state or a stateless person may apply to be naturalised
as a citizen of Vanuatu if he has lived continuously
in Vanuatu for at least 10
years immediately before the date of the
application.
Parliament may
prescribe further conditions of the eligibility to apply for naturalisation and
shall provide for the machinery to
review and decide on applications for
naturalisation.
AVOIDANCE OF DUAL NATIONALITY
13.
The Republic of Vanuatu does not recognise dual nationality. Any citizen of
Vanuatu who is or becomes a citizen of another state
shall cease to be a citizen
of Vanuatu unless he renounces that other citizenship within 3 months of
acquiring Vanuatu citizenship
or that other citizenship, as the case may be, or
such longer period as Parliament may prescribe, except that in the case of a
person
under the age of 18 years the period of renunciation shall be 3 months
after he has reached the age of 18 years.
FURTHER PROVISION FOR CITIZENSHIP
14. Parliament may make provision for the acquisition of citizenship of Vanuatu by persons not covered in the preceding Articles of this Chapter and may make provision for the deprivation and renunciation of citizenship of Vanuatu.
CHAPTER 4
PARLIAMENT
PARLIAMENT
15. The legislature shall consist of a single chamber which shall be known as Parliament.
POWER
TO MAKE LAWS
16. (1) Parliament
may make laws for the peace, order and good government of
Vanuatu.
(2) Parliament shall make
laws by passing bills introduced either by one or more members or by the Prime
Minister or a Minister.
(3) When a
bill has been passed by Parliament it shall be presented to the President of the
Republic who shall assent to it within
2
weeks.
(4) If the President
considers that the bill is inconsistent with a provision of the Constitution he
shall refer it to the Supreme
Court for its opinion. The bill shall not be
promulgated if the Supreme Court considers it inconsistent with a provision of
the Constitution.
ELECTION
OF MEMBERS OF PARLIAMENT
17.
(1) Parliament shall consist of members elected on the basis of universal
franchise through an electoral system which includes
an element of proportional
representation so as to ensure fair representation of different political groups
and opinions.
(2) Subject to such
conditions or restrictions as may be prescribed by Parliament every citizen of
Vanuatu who is at least 25 years
of age shall be eligible to stand for election
to Parliament.
ELECTORAL
COMMISSION
18.
(1) There shall be an Electoral Commission consisting of a chairman and two
members appointed by the President of the Republic
acting in accordance with the
advice of the Judicial Service
Commission.
(2) The following
persons shall not be qualified for appointment as chairman or member of the
Commission-
(a) a member of or a candidate for election to Parliament;
(b) a member of or a candidate for election to local government or municipal councils;
(c) a member of or a candidate for election to the National Council of Chiefs;
(d) any person who exercises any position of responsibility in a political party.
(3)
A chairman or a member of the Commission shall vacate his office-
(a) at the expiration of 5 years from the date of his appointment; or
(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
PRINCIPAL ELECTORAL OFFICER
19. There shall be a Principal Electoral Officer who shall be a public servant.
FUNCTIONS OF ELECTORAL COMMISSION AND PRINCIPAL ELECTORAL OFFICER
20.
(1) The Electoral Commission shall have general responsibility for and shall
supervise the registration of electors and the conduct
of elections to
Parliament, the National Council of Chiefs, local government and municipal
councils. The Commission shall have such
powers and functions relating to such
registration and elections as may be prescribed by
Parliament.
(2) The Principal
Electoral Officer shall have such powers and functions relating to such
registration and elections as may be prescribed
by Parliament. The Principal
Electoral Officer shall keep the Commission fully informed concerning the
exercise of his functions
and shall have the right to attend meetings of the
Commission, and shall comply with any directions that the Commission may give
to
him in the exercise of his
functions.
(3) Every proposed bill
and every proposed regulation or other instrument having the force of law
relating to the registration of
electors for the election of members of
Parliament, the National Council of Chiefs, local government and municipal
councils or to
the election of such members shall be referred to the Commission
and to the Principal Electoral Officer at such time as shall give
them
sufficient opportunity to make comments on it before the bill is introduced in
Parliament or, as the case may be, before the
regulation or instrument is
made.
(4) The Electoral Commission
may lay before Parliament such reports concerning the matters under their
supervision, or any draft bill
or instrument that is referred to them, as they
may think fit.
PROCEDURE OF PARLIAMENT
21.
(1) Parliament shall meet twice a year in ordinary
session.
(2) Parliament may meet
in extraordinary session at the request of the majority of its members, the
Speaker or the Prime Minister.
(3)
Unless otherwise provided in the Constitution, Parliament shall make its
decisions by public vote by a simple majority of the
members
voting.
(4) Unless otherwise
provided in the Constitution, the quorum shall be two thirds of the members of
Parliament. If there is no such
quorum at the first sitting in any session
Parliament shall meet 3 days later, and a simple majority of members shall then
constitute
a quorum.
(5)
Parliament shall make its own roles of procedure.
SPEAKER
AND DEPUTY SPEAKER
22.
(1) At its first sitting after any general election Parliament shall elect a
Speaker and one or more Deputy
Speakers.
(2) The Speaker shall
preside at sittings of Parliament and shall be responsible for maintaining
order.
(3) The functions of
Speaker may be exercised by a Deputy Speaker.
COMMITTEES
23. Parliament may establish committees and appoint members to them.
PROCEEDINGS
TO BE PUBLIC
24. Unless otherwise provided proceedings of Parliament shall be held in public.
PUBLIC
FINANCE
25.
(1) Every year the Government shall present a bill for a budget to Parliament
for its approval.
(2) No taxation
shall be imposed or altered and no expenditure of public funds shall be incurred
except by or under a law passed by
Parliament.
(3) No motion for the
levying or increase of taxation or for the expenditure of public funds shall be
introduced unless it is supported
by the
Government.
(4) Parliament shall
provide for the office of Auditor-General, who shall be appointed by the Public
Service Commission on its own
initiative.
(5) The function of
the Auditor-General shall be to audit and report to Parliament and the
Government on the public accounts of
Vanuatu.
(6) The Auditor-General
shall not be subject to the direction or control of Boy other person or body in
the exercise of his functions.
RATIFICATION
OF TREATIES
26.
Treaties negotiated by the Government shall be presented to Parliament for
ratification when they-
(a) concern international organisations, peace or trade;
(b) commit the expenditure of public funds;
(c) affect the status of people;
(d) require amendment of the laws of the Republic of Vanuatu; or
(c) provide for the transfer, exchange or annexing of territory.
PRIVILEGES
OF MEMBERS
27.
(1) No member of Parliament may be arrested, detained, prosecuted or proceeded
against in respect of opinions given or votes cast
by him in Parliament in the
exercise of his office.
(2) No
member may, during a session of Parliament or of one of its committees, be
arrested or prosecuted for any offence, except with
the authorisation of
Parliament in exceptional circumstances.
LIFE
OF PARLIAMENT
28.
(1) Parliament, unless sooner dissolved under paragraph (2) or (3), shall
continue for 4 years from the date of its
election.
(2) Parliament may at
any time decide, by resolution supported by the votes of an absolute majority of
the members at a special sitting
when at least three-fourths of the members are
present, to dissolve Parliament. At least 1 week's notice of such a motion shall
be
given to the Speaker before the debate and the vote on
it.
(3) The President of the
Republic may, on the advice of the Council of Ministers, dissolve
Parliament.
(4) General elections
shall be held not earlier than 30 days and not later than 60 days after any
dissolution.
(5) There shall be no
dissolution of Parliament within 12 months of the general elections following a
dissolution under subarticle
(2) or (3).
CHAPTER
5
NATIONAL COUNCIL
OF CHIEFS
NATIONAL
COUNCIL OF CHIEFS
29.
(1) The National Council of Chiefs shall be composed of custom chiefs elected by
their peers sitting in District Councils of
Chiefs.
(2) The Council shall make
its own roles of procedure.
(3)
The Council shall hold at least one meeting a year. Further meetings may be held
at the request of the Council, Parliament, or
the
Government.
(4) During the first
sitting following its election the Council shall elect its Chairman.
FUNCTIONS
OF COUNCIL
30.
(1) 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.
(2) The Council may be
consulted on any question, particularly any question relating to tradition and
custom, in connection with any
bill before Parliament.
ORGANISATION
OF COUNCIL AND ROLE OF CHIEFS
31. Parliament shall by law provide for the organisation of the National Council of Chiefs and in particular for the role of chiefs at the village, island and district level.
PRIVILEGES
OF MEMBERS OF COUNCIL
32.
(1) No member of the National Council of Chiefs may be arrested, detained,
prosecuted or proceeded against in respect of opinions
given or votes cast by
him in the Council in the exercise of his
office.
(2) No member may, during
a session of the Council or of one of its committees, be arrested or prosecuted
for any offence, except
with the authorisation of the Council in exceptional
circumstances.
CHAPTER 6
HEAD OF STATE
PRESIDENT
OF THE REPUBLIC
33. The head of the Republic shall be known as the President and shall symbolise the unity of the nation.
ELECTION OF PRESIDENT
34.
(1) The President of the Republic shall be elected, in accordance with Schedule
1, by secret ballot by an electoral college consisting
of Parliament and the
Chairman of Local Government
Councils.
(2) When a vacancy in
the office of the President of the Republic arises, election to that office
shall be held within 3 weeks of
the vacancy arising, or in the event of a
vacancy arising when Parliament is dissolved, within 3 weeks after the first
meeting of
the new Parliament.
QUALIFICATIONS
FOR ELECTION AS PRESIDENT
35. Any indigenous Vanuatu citizen qualified to be elected to Parliament shall be eligible for election as President of the Republic.
TERM
OF OFFICE AND REMOVAL OF PRESIDENT
36.
(1) The term of office of the President of the Republic shall be 5
years.
(2) The President of the
Republic may be removed from office, only for gross misconduct or incapacity, by
the electoral college provided
for in Article 34 on a motion introduced by at
least one-third of the members of the college and passed by at least two-thirds
of
its members, when at least three-fourths of its members, including at least
three-fourths of the Chairmen of the Local Government
Councils, are
present.
(3) At least 2 weeks
notice of the motion provided for in subarticle (2) shall he given to the
Speaker.
(4) If there is no quorum
at the first sitting as provided in subarticle (2), the electoral college may
meet and vote on the motion
provided for in subarticle (2) a week later even if
there is only a quorum of two-thirds of the members of the college.
SPEAKER
TO ACT AS PRESIDENT
37.
(1) Whenever there is a vacancy in the office of the President of the Republic
or the President is overseas or incapacitated,
the Speaker of Parliament shall
perform the functions of President under this Constitution and any other
law.
(2) When Parliament is
dissolved and there is a vacancy in the office of the President of the Republic
or the President is overseas
or incapacitated, the Speaker of Parliament at the
time of the dissolution shall perform the functions of the President of the
Republic
under this Constitution and any other law until a new Speaker is
elected.
PRESIDENTIAL
POWERS OF PARDON, COMMUTATION AND REDUCTION OF SENTENCES
38. The President of the Republic may pardon, commute or reduce a sentence imposed on a person convicted of an offence. Parliament may provide for a committee to advise the President in the exercise of this function.
CHAPTER
7
THE
EXECUTIVE
EXECUTIVE
POWER
39.
(1) The executive power of the people of the Republic of Vanuatu is vested in
the Prime Minister and Council of Ministers and
shall be exercised as provided
by the Constitution or a law.
(2)
The Prime Minister shall keep the President of the Republic fully informed
concerning the general conduct of the government of
the
Republic.
(3) The President of the
Republic may refer to the Supreme Court any regulation which he considers to be
inconsistent with the Constitution.
COUNCIL
OF MINISTERS
40.
(1) There shall be a Council of Ministers which shall consist of the Prime
Minister and other Ministers.
(2)
The number of Ministers, including the Prime Minister, shall not exceed a
quarter of the number of members of Parliament.
ELECTION
OF PRIME MINISTER
41. The Prime Minister shall be elected by Parliament from among its members by secret ballot in accordance with the roles in Schedule 2.
APPOINTMENT
AND REMOVAL OF OTHER MINISTERS
42.
(1) The Prime Minister shall appoint the other Ministers from among the members
of Parliament and may designate one of them as
Deputy Prime
Minister.
(2) The Prime Minister
shall assign responsibilities for the conduct of government to the
Ministers.
(3) The Prime Minister
may remove the Ministers from office.
COLLECTIVE
RESPONSIBILITY OF MINISTERS AND VOTES OF NO CONFIDENCE
43.
(1) The Council of Ministers shall be collectively responsible to
Parliament.
(2) Parliament may
pass a motion of no confidence in the Prime Minister. At least 1 week's notice
of such a motion shall be given
to the Speaker and the motion must be signed by
one sixth of the members of Parliament. If it is supported by an absolute
majority
of the members of Parliament, the Prime Minister and other Ministers
shall cease to hold office forthwith but shall continue to exercise
their
functions until a new Prime Minister is elected.
TERMINATION
OF OFFICE OF MINISTERS
44. The Council of Ministers shall cease to hold office whenever the Prime Minister resigns or dies but shall continue to exercise their functions until a new Prime Minister is elected. In the case of the death of the Prime Minister, the Deputy Prime Minister, or if there is no Deputy Prime Minister a Minister appointed by the President of the Republic, shall act as Prime Minister until a new Prime Minister is elected.
OTHER
TIMES WHEN A MINISTER CEASES TO HOLD OFFICE
45. A Minister, including the Prime Minister, shall also cease to hold office-
(a) when, after a general election, Parliament meets to elect a new Prime Minister;
(b) if he ceases to be a member of Parliament for any reason other than a dissolution of Parliament; or
(c) if he is elected as President of the Republic or as Speaker of Parliament.
MINISTERS
TO REMAIN MEMBERS OF PARLIAMENT
46. Members of Parliament who are appointed Ministers shall retain their membership of Parliament.
CHAPTER
8
JUSTICE
THE
JUDICIARY
47.
(1) The administration of justice is vested in the judiciary, who are subject
only to the Constitution and the law. The function
of the judiciary is to
resolve proceedings according to law. If there is no rule of law applicable to a
matter before it, a court
shall determine the matter according to substantial
justice and whenever possible in conformity with
custom.
(2) Except for the Chief
Justice the judiciary shall be appointed by the President of the Republic acting
on the advice of the Judicial
Service
Commission.
(3) All members of the
judiciary shall hold office until they reach the age of retirement. They shall
only be removed from office
by the President of the Republic in the event
of-
(a) conviction and sentence on a criminal charge; or
(b) a determination by the Judicial Service Commission of gross misconduct, incapacity or professional incompetence.
(4)
The promotion and transfer of members of the judiciary may only be made by the
President of the Republic on the advice of the
Judicial Service
Commission.
(5) Parliament may
provide for the appointment by the President of the Republic, after consultation
with the Judicial Service Commission,
of acting judges for such periods as may
be set out in their instruments of
appointment.
(6) Subarticle (3) so
far as it relates to the removal from office shall apply to acting
judges.
THE
JUDICIAL SERVICE COMMISSION
48. (1) The Judicial Service Commission shall consist of the Minister responsible for justice, as Chairman, the Chief Justice, the Chairman of the Public Service Commission, and a representative of the National Council of Chiefs appointed by the Council.
(2) The Judicial Service Commission shall not be subject to the direction or control of any other person or body in the exercise of its functions.
THE
SUPREME COURT, THE CHIEF JUSTICE AND OTHER JUDGES
49.
(1) The Supreme Court has unlimited jurisdiction to bear and determine any civil
or criminal proceedings, and such other jurisdiction
and powers as may be
conferred on it by the Constitution or by
law.
(2) The Supreme Court shall
consist of a Chief Justice and three other
judges.
(3) The Chief Justice
shall be appointed by the President of the Republic after consultation with the
Prime Minister and the Leader
of the
Opposition.
(4) A person shall not
be qualified for appointment as Chief Justice or other judge of the Supreme
Court unless he is qualified to
practise as a lawyer in Vanuatu.
APPEALS
FROM SUPREME COURT TO COURT OF APPEAL
50. Parliament shall provide for appeals from the original jurisdiction of the Supreme Court and may provide for appeals from such appellate jurisdiction as it may have to a Court of Appeal which shall he constituted by two or more judges of the Supreme Court sitting together.
ASCERTAINMENT
OF RULES OF CUSTOM
51.
Parliament may provide for the manner of the ascertainment of relevant roles of
custom, and may in particular provide for persons
knowledgeable in custom to sit
with the judges of the Supreme Court or the Court of Appeal and take part in its
proceedings.
VILLAGE
AND ISLAND COURTS
52. Parliament shall provide for the establishment of village or island courts with jurisdiction over customary and other matters and shall provide for the role of chiefs in such courts.
APPLICATION
TO SUPREME COURT REGARDING INFRINGEMENTS OF CONSTITUTION
53.
(1) Anyone who considers that a provision of the Constitution has been infringed
in relation to him may, without prejudice to
any other legal remedy available to
him, apply to the Supreme Court for
redress.
(2) The Supreme Court has
jurisdiction to determine the matter and to make such order as it considers
appropriate to enforce the provisions
of the
Constitution.
(3) When a question
concerning the interpretation of the Constitution arises before a subordinate
court, and the court considers that
the question concerns a fundamental point of
law, the court shall submit the question to the Supreme Court for its
determination.
ELECTION
DISPUTES
54. The jurisdiction to hear and determine any question as to whether a person has been validly elected as a member of Parliament, the National Council of Chiefs, and a Local Government Council or whether he has vacated his seat or has become disqualified to hold it shall vest in the Supreme Court.
PUBLIC
PROSECUTOR
55. The function of prosecution shall vest in the Public prosecutor, who shall be appointed by the President of the Republic on the advice of the Judicial Service Commission. He shall not be subject to the direction or control of any other person or body in the exercise of his functions.
PUBLIC
SOLICITOR
56. Parliament shall provide for the office of the Public Solicitor, appointed by the President of the Republic on the advice of the Judicial Service Commission, whose function shall be to provide legal assistance to needy persons.
CHAPTER
9
ADMINISTRATION
PART I - The Public Service
PUBLIC
SERVANTS
57. (1) Public servants
owe their allegiance to the Constitution and to the people of
Vanuatu.
(2) Only citizens of
Vanuatu shall be appointed to public office. The Public Service Commission shall
determine other qualifications
for appointment to the public
service.
(3) No appointment shall
be made to a post that has not been created in accordance with a
law.
(4) The Prime Minister or the
chairman of a Local Government Council may, exceptionally, make provision for
the recruitment of staff
for a specified period to meet unforeseen
needs.
In urgent cases, the Public
Service Commission may, after consulting the Ministers responsible for finance
and public administration,
make such a decision instead of the Prime
Minister.
(5) For as long as their
posts exist, public servants shall not be removed from their posts except in
accordance with the
Constitution.
(6) Public servants
shall be given increments in their salary in accordance with the
law.
(7) Public servants shall
leave the public service upon reaching retirement age or upon being dismissed by
the Public Service Commission.
They shall not be demoted without consultation
with the Public Service
Commission.
(8) The security of
tenure of public servants provided for in subarticle (5) shall not prevent such
compulsory early retirement as
may be decided by law in order to ensure the
renewal of holders of public offices.
EXCLUSION OF SECURITY OF
TENURE IN RELATION TO POLITICAL ADVISERS AND TRANSFER OF PUBLIC
SERVANTS
58.
(1) The rule of security of tenure provided for in Article 57(5) shall not apply
to the personal political advisers of the Prime
Minister and
Ministers.
(2) Senior public
servants in Ministries may be transferred by the Prime Minister to other posts
of equivalent rank.
MEMBERSHIP
OF PUBLIC SERVICE COMMISSION
59.
(1) The Public Service Commission shall be composed of five members appointed
for 3 years by the President of the Republic after
consultation with the Prime
Minister.
(2) The President of the
Republic shall appoint every year, from among the members of the Commission, a
chairman who shall be responsible
for organising its
proceedings.
(3) A person shall be
disqualified for appointment as a member of the Commission if he is a member of
Parliament, the National Council
of Chiefs or a Local Government Council or if
he exercises a position of responsibility within a political
party.
(4) A person shall cease to
be a member of the Commission if circumstances arise that, if he were not a
member, would disqualify him
for appointment as such.
FUNCTIONS
OF PUBLIC SERVICE COMMISSION
60.
(1) The Public Service Commission shall be responsible for the appointment and
promotion of public servants, and the selection
of those to undergo training
courses in Vanuatu or overseas. For such purposes it may organise competitive
examinations.
(2) The Commission
shall also be responsible for the discipline of public
servants.
(3) The Commission shall
have no authority over the members of the judiciary, the armed forces, the
police and the teaching
services.
(4) The Commission shall
not be subject to the direction or control of any other person or body in the
exercise of its functions.
PART II - The Ombudsman
OMBUDSMAN
61.
(1) The Ombudsman shall be appointed, for 5 years, by the President of the
Republic after consultation with the Prime Minister,
the Speaker of Parliament,
the leaders of the political parties represented in Parliament, the chairman of
the National Council of
Chiefs, the chairmen of the Local Government Councils,
and the chairmen of the Public Service Commission and the Judicial Service
Commission.
(2) A person shall be
disqualified for appointment as Ombudsman if he is a member of Parliament, the
National Council of Chiefs or
a Local Government Council, if he holds any other
public office, or if he exercises a position of responsibility within a
political
party.
(3) A person
shall cease to be Ombudsman if circumstances arise that, if he were not the
Ombudsman, would disqualify him for appointment
as such.
ENQUIRIES
BY OMBUDSMAN
62.
(1) The Ombudsman may enquire into the conduct of any person or body to which
this Article applies-
(a) upon receiving a complaint from a member of the public (or, if for reasons of incapacity, from his representative or a member of his family) who claims to have been the victim of an injustice as a result of particular conduct;
(b) at the request of a Minister, a member of Parliament, of the National Council of Chiefs or of a Local Government Council; or
(c) of his own initiative.
(2)
This Article shall apply to all public servants, public authorities and
ministerial departments, with the exception of the President
of the Republic,
the Judicial Service Commission, the Supreme Court and other judicial
bodies.
(3) The Ombudsman may
request any Minister, public servant, administrator, authority concerned or any
person likely to assist him,
to furnish him with information and documents
needed for his enquiry.
(4) The
Ombudsman shall grant the person or body complained of an opportunity to reply
to the complaints made against
them.
(5) The enquiries of the
Ombudsman shall be conducted in private.
FINDINGS
OF THE OMBUDSMAN AND REPORTS
63.
(1)
Wherever, after due enquiry, the
Ombudsman concludes that a complaint is unjustified, he shall so inform the
complainant and the Prime
Minister and the head of the public department or
authority concerned.
(2) Wherever,
after due enquiry, the Ombudsman concludes that conduct was contrary to the law,
based on error of law or of fact, delayed
for unjustified reasons, or unjust or
blatantly unreasonable and that, consequently, any decision taken should be
annulled or changed
or that any practice followed should be revised, he shall
forward his findings to the Prime Minister and to the head of the public
authority or department directly
concerned.
(3) The report of the
Ombudsman shall be public unless he decides to keep the report, or parts of it,
confidential to the Prime Minister
and the person in charge of the relevant
public service, on the grounds of public security or public interest. The
complainant shall
in any case be told of the findings of the
Ombudsman.
(4) The Prime Minister
or the person in charge of the relevant public service shall decide upon the
findings of the Ombudsman within
a reasonable time and the decision, with
reasons, shall be given to the complainant forthwith. Any period limiting the
time in which
legal proceedings may be commenced shall not begin to run until
the complainant has received the
decision.
(5) The Ombudsman shall
present a general report to Parliament each year and may make such additional
reports as he considers necessary
concerning the discharge of his functions and
action taken on his findings. He may draw the attention of Parliament to any
defects
which appear to him to exist in the administration.
RIGHT
OF A CITIZEN TO SERVICES IN OWN LANGUAGE
64.
(1) A citizen of Vanuatu may obtain, in the official language that he uses, the
services which he may rightfully expect from the
administration of the Republic
of Vanuatu.
(2) Where a citizen
considers that there has been a breach of subarticle (1) he may make a complaint
to the Ombudsman who shall conduct
an enquiry in accordance with Articles 62 and
63.
(3) The Ombudsman shall, each
year, make a special report to Parliament concerning the observance of
multilingualism and the measures
likely to ensure its respect.
OMBUDSMAN
NOT SUBJECT TO DIRECTION OR CONTROL
65. The Ombudsman shall not be subject to the direction or control of any other person or body in the exercise of his functions.
CHAPTER
10
LEADERSHIP
CODE
CONDUCT
OF LEADERS
66. (1) Any person defined as a leader in Article 67 has a duty to conduct himself in such a way, both in his public and private life, so as not to-
(a) place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised;
(b) demean his office or position;
(c) allow his integrity to be called into question; or
(d) endanger or diminish respect for and confidence in the integrity of the Government of the Republic of Vanuatu.
(2) In particular, a leader shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by subarticle (1)
DEFINITION
OF A LEADER
67.
For the purposes of this Chapter, a leader means the President of the Republic,
the Prime Minister and other Ministers, members
of Parliament, and such public
servants, officers of Government agencies and other officers as may be
prescribed by law.
PARLIAMENT
TO GIVE EFFECT TO THIS CHAPTER
68. Parliament shall by law give effect to the principles of this Chapter.
CHAPTER
11
EMERGENCY
POWERS
EMERGENCY
REGULATIONS
69.
The Council of Ministers may make regulations for dealing with a public
emergency whenever-
(a) the Republic of Vanuatu is at war; or
(b) the President of the Republic acting on the advice of the Council of Ministers declares a state of emergency by reason of natural calamity or to prevent a threat to or to restore public order.
PERIOD
OF AND REMOVAL OF STATE OF EMERGENCY
70.
(1) When Parliament is in session a state of emergency declared under Article 69
shall cease to have effect at the end of 1 week
unless approved by a resolution
of Parliament supported by two-thirds of its
members.
(2) When Parliament is
not in session a state of emergency shall cease to have effect at the end of 2
weeks.
(3) Where a resolution has
been passed in accordance with subarticle (1) the state of emergency approved by
it shall remain in force
for the period authorised by the resolution except that
no such resolution may authorise a state of emergency for more than 3 months
at
one time.
(4) Parliament may meet
whenever it decides during a state of
emergency.
(5) Parliament may not
be dissolved under Article 28(2) or 28(3) during a state of emergency. If the
life of a Parliament ends in
accordance with Article 28(1) during a state of
emergency the former members of that Parliament may meet for the purpose only of
considering the state of emergency until the new Parliament first
meets.
(6) Parliament may at any
time terminate a state of emergency by a resolution supported by an absolute
majority of its members.
EFFECT
OF EMERGENCY REGULATIONS
71. (1) Subject to subarticle (2) regulations made by the Council of Ministers in accordance with Article 69 shall have effect notwithstanding the provisions of Chapter 2, Part I except that no regulation shall-
(a) derogate from the right to life and the freedom from inhuman treatment and forced labour; and
(b) make provision for the detention of a person without trial for more than 1 month unless such person is an enemy alien.
(2) Regulations made by the Council of Ministers in accordance with Article 69 shall be such as are reasonably necessary in the circumstances of the emergency to which they relate and are justifiable in a democratic society.
COMPLAINTS
TO SUPREME COURT CONCERNING EMERGENCY REGULATIONS
72. Any citizen aggrieved by reason of regulations made by the Council of Ministers in accordance with Article 69 may complain to the Supreme Court which shall have jurisdiction to determine the validity of all or any of such regulations.
CHAPTER
12
LAND
LAND
BELONGS TO CUSTOM OWNERS
73. All land in the Republic of Vanuatu belongs to the indigenous custom owners and their descendants.
BASIS
OF OWNERSHIP AND USE
74. The rules of custom shall form the basis of ownership and use of land in the Republic of Vanuatu.
PERPETUAL
OWNERSHIP
75. Only indigenous citizens of the Republic of Vanuatu who have acquired their land in accordance with a recognised system of land tenure shall have perpetual ownership of their land.
NATIONAL
LAND LAW
76.
Parliament, after consultation with the National Council of Chiefs, shall
provide for the implementation of Articles 73, 74 and
75 in a national land law
and may make different provision for different categories of land, one of which
shall be urban land.
COMPENSATION
77. Parliament shall prescribe such criteria for the assessment of compensation and the manner of its payment as it deems appropriate to persons whose interests are adversely affected by legislation under this Chapter.
DISPUTES
78.
(1) Where, consequent on the provisions of this Chapter, there is a dispute
concerning the ownership of alienated land, the Government
shall hold such land
until the dispute is resolved.
(2)
The Government shall arrange for the appropriate customary institutions or
procedures to resolve disputes concerning the ownership
of custom
land.
LAND
TRANSACTIONS
79.
(1) Notwithstanding Articles 73, 74 and 75 land transactions between an
indigenous citizen and either a non-indigenous citizen
or a non-citizen shall
only be permitted with the consent of the
Government.
(2) The consent
required under subarticle (1) shall be given unless the transaction is
prejudicial to the interests of-
(a) the custom owner or owners of the land;
(b) the indigenous citizen where he is not the custom owner;
(c) the community in whose locality the land is situated; or
(d) the Republic of Vanuatu.
GOVERNMENT
MAY OWN LAND
80. Notwithstanding Articles 73 and 74 the Government may own land acquired by it in the public interest.
REDISTRIBUTION
OF LAND
81.
(1) Notwithstanding Articles 73 and 74 the Government may buy land from custom
owners for the purpose of transferring ownership
of it to indigenous citizens or
indigenous communities from over-populated
islands.
(2) When redistributing
land in accordance with subarticle (1), the Government shall give priority to
ethnic, linguistic, customary
and geographical ties.
CHAPTER
13
DECENTRALISATION
LEGISLATION
FOR DECENTRALISATION
82.
The Republic of Vanuatu, conscious of the
importance of decentralisation to enable the people fully to participate in the
government
of their Local Government Region, shall enact legislation necessary
to realize that ideal.
LOCAL
GOVERNMENT COUNCILS
83. The legislation shall provide for the division of the Republic of Vanuatu into Local Government Regions and for each region to be administered by a Local Government Council on which shall be representatives of custom chiefs.
CHAPTER
14
AMENDMENT OF THE
CONSTITUTION
BILLS
FOR AMENDMENT OF CONSTITUTION
84. A bill for an amendment of the Constitution may be introduced either by the Prime Minister or any other member of Parliament.
PROCEDURE
FOR PASSING CONSTITUTIONAL AMENDMENTS
85. A bill for an amendment of the Constitution shall not come into effect unless it is supported by the votes of no less than two-thirds of all the members of Parliament at a special sitting of Parliament at which three-quarters of the members are present. If there is no such quorum at the first sitting, Parliament may meet and make a decision by the same majority a week later even if only two-thirds of the members are present.
AMENDMENTS
REQUIRING SUPPORT OF REFERENDUMS
86. A bill for an amendment of a provision of the Constitution regarding the status of Bislama, English and French, the electoral system, or the parliamentary system, passed by Parliament under Article 85, shall not come into effect unless it has been supported in a national referendum.
CHAPTER
15
TRANSITIONAL
PROVISIONS
FIRST
PRESIDENT OF THE REPUBLIC
87. Notwithstanding Chapter 6 the first President of the Republic shall-
(a) be such person as shall have been elected prior to the Day of Independence by an electoral college constituted for that purpose by the Representative Assembly sitting with the Presidents of the Regional Councils if then established;
(b) assume office on the Day of Independence and hold office in accordance with the provisions of the Constitution.
FIRST
PRIME MINISTER AND OTHER MINISTERS
88. The persons who immediately before the Day of Independence hold office as Chief Minister or any other Minister shall as from that day hold office as Prime Minister or other Minister, as the case may be, as if they had been elected or appointed thereto under Chapter 7.
FIRST
PARLIAMENT
89.
(1) The persons who immediately before the Day of Independence are members of
the Representative Assembly shall on that day become
members of Parliament and
shall hold their seats in Parliament in accordance with the
Constitution.
(2) The person who
immediately before the Day of Independence holds the office of Chairman of the
Representative Assembly shall as
from that day act in the office of Speaker of
Parliament until a person is elected to hold that
office.
(3) The standing orders of
the Representative Assembly in force immediately before the Day of Independence
shall have effect as from
that day as the standing orders of Parliament until
modified or replaced under Article 21(5) but shall be construed with such
adaptations
as may be necessary to bring them into conformity with the
Constitution.
(4) Parliament
shall, unless sooner dissolved, stand dissolved on the 14 November
1983.
EXISTING
OFFICES
90.
(1) Subject to
the other provisions of the Constitution,
a person who immediately before the Day of Independence holds or acts in an
office in the
service of the Government of the Republic of Vanuatu shall, as
from that day, hold or act in that office or the corresponding office
established by or under the Constitution on the same terms and conditions as
those on which he holds or acts in the office immediately
before that
day.
(2) Subarticle (1) is without
prejudice to the power of Parliament to provide for the compulsory retirement of
non-citizen officers
to promote localisation of
offices.
(3) Notwithstanding
Article 57(2), until a citizen of Vanuatu is qualified for appointment to a
public office a non-citizen may be
appointed to that office but, except in the
case of a judge of the Supreme Court, shall be appointed for a limited
period.
JUDGES
OF THE SUPREME COURT
91. Notwithstanding Chapter 8, any person who immediately before the Day of Independence holds office as a judge of the pre Independence Supreme Court or of a District Court shall as from that day act in the office of judge of the Supreme Court until a substantive appointment is made to that office in accordance with Chapter 8. The President of the Republic may appoint one of them to act as Chief Justice until a substantive appointment is made to that office.
RIGHTS,
LIABILITIES AND OBLIGATIONS
92.
(1) All rights, liabilities and obligations of the Government of the New
Hebrides, whether arising out of contract or otherwise,
shall, as from the Day
of Independence, the rights, liabilities and obligations of the Republic of
Vanuatu.
(2) Nothing in subarticle
(1) shall prevent the Government of the Republic of Vanuatu renegotiating
rights, liabilities or obligations
assumed under that subarticle.
ELECTORAL
SYSTEM
93.
After the general elections next
following the Exchange of Notes providing for the entry into force of this
Article, the Representative
Assembly shall set up a Committee with equal
representation of all political groups to make recommendations on an electoral
system
based on Article 17(1).
The
recommendations of the Committee shall be included in a law enacted by
Parliament by a two-thirds majority of its members at a
special sitting of
Parliament when at least three-fourths of the members are present. If there is
no such quorum at the first sitting,
Parliament may meet and make a decision by
the same majority a week later even if only two thirds of the members are
present.
LEGAL
PROCEEDINGS
94. All legal proceedings, whether civil or criminal, pending immediately before the Day of Independence before any court in Vanuatu shall be disposed of on and after that day in accordance with general or specific directions given by the Supreme Court subject to any law which may be enacted for that purpose.
EXISTING
LAW
95.
(1) Until otherwise provided by Parliament, all Joint Regulations and subsidiary
legislation made thereunder in force immediately
before the Day of Independence
shall continue in operation on and after that day as if they had been made in
pursuance of the Constitution
and shall be construed with such adaptations as
may be necessary to bring them into conformity with the
Constitution.
(2) Until otherwise
provided by Parliament, the British and French laws in force or applied in
Vanuatu immediately before the Day
of Independence shall on and after that day
continue to apply to the extent that they are not expressly revoked or
incompatible with
the independent status of Vanuatu and wherever possible taking
due account of custom.
(3)
Customary law shall continue to have effect as part of the law of the Republic
of Vanuatu.
SCHEDULE 1
(Article 34)
ELECTION OF THE PRESIDENT OF THE REPUBLIC
1.
The election of the President of the Republic shall take place within 3 weeks of
the end of the term of office of the previous
President.
2.
(1)
The electoral college may proceed to
elect the President of the Republic at its first meeting if at least
three-fourths of its member
are
present.
(2) If there is no such
quorum, the electoral college shall meet again 48 hours later and may lawfully
proceed to elect the President
if at least two-thirds of its members are
present.
3. The candidate who
obtains the support of two-thirds of the members of the electoral college shall
be elected President of the Republic.
SCHEDULE 2
(Article 41)
ELECTION OF THE PRIME MINISTER
1.
The candidate who obtains the support of an absolute majority of the members of
Parliament shall be elected Prime
Minister.
2. If no candidate is
elected under paragraph 1, a second ballot shall be taken but the candidate
obtaining the lowest number of votes
in the first ballot shall be
eliminated.
3. If on the second
ballot no candidate obtains the support specified in paragraph 1, further
ballots shall be held, each time eliminating
the candidate with the lowest vote
in the preceding ballot until one candidate receives the support specified in
paragraph 1, or
if only two candidates remain the support of a simple
majority.
----------------------------------
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback|
Report an error
URL: http://www.paclii.org/vu/legis/consol_act/cotrov406