An end to volatility in Vanuatu?

The amendment adds articles 17A and 17B to the constitution, requiring members of Parliament to retain the party affiliation that they were elected with for the entirety of their term. It also requires independent candidates to declare an affiliation with a party represented in Parliament with more than one member within three months of the election.

The amendments are designed to end the instability that has plagued Vanuatu, especially in the wake of tropical cyclones and the pandemic. In one month, Vanuatu elected three Prime Ministers and the Parliament is often held up as MPs cross the floor (so common that it is known in the national language as “jump-jump”).

The first reform, requiring party affiliation, won 59 per cent support in the referendum, while the second reform, requiring elected MPs to join a party within three months, won nearly 58 per cent backing from voters.

Last year, Vanuatu experienced enormous instability that attracted international media attention, as MPs elected and removed three consecutive prime ministers, one of whom served for only 30 days. At the same time, MPs switched their political allegiances, sometimes swapping parties over a matter of days. Exhausted voters finally staged peaceful protests, presenting a petition to Salwai that called for stability for the sake of the economy and community welfare.

Experts and members of the public are divided on whether the amendments better serve democracy, and the constitutional amendments are seen as a starting point rather than the sole solution to a parliament in disarray. That disarray is drawing MPs away from a much-needed focus on policy and the needs of civilians, measures to address climate change, gender-based violence and boosting the economy.

‘A more stable parliament’

The Australian government has committed to a unified, stable and peaceful Pacific region.

Penny Wong, Minister for Foreign Affairs, has said, “We feel a profound sense of kinship with the Pacific, of wanting to connect with the Pacific as part of one family. We have longstanding bonds forged in times of crisis but sustained in peace and in prosperity.”

A more stable parliament in Vanuatu bodes well for both its domestic and international affairs. LSJ spoke to Sydney-based Dirk Heinz, Special Counsel to the Pacific Legal Network (PLN), and Principal lawyer at PLN, Jennifer La’au. La’au founded La’au Lawyers in Port Vila, Vanuatu where she is admitted as a Barrister and Solicitor to the Supreme Court of Vanuatu. She has more than 20 years of experience working with local law firms and large private enterprises.

La’au often refers to “Ni-Vanuatu”. The Bislama dictionary defines Ni-Vanuatu as a “Vanuatu citizen of Melanesian descent but not limited to”, and is used to refer to the indigenous population of Vanuatu which encompasses a number of ethnic groups.

The Chief of State since July 23 2022 is President Nikenike Vurobaravu, who was elected by Parliament and provincial presidents for a 5-year term. Since the beginning of October 2023, the Head of Government is Prime Minister Charlot Salwai, elected by Parliament following the general election.

The parliament, made up of 52 members, is male-dominated with only one female legislator. Gloria Julia King, a former national football player, was only the sixth woman ever elected to Vanuatu parliament, and the first in 14 years. The 2022 election, held on 13 October, attracted merely 44 per cent of eligible voters (132,312 valid votes from 302,258 registered voters). This followed a downward trend in voter participation in the republic since 2012. Whereas 100 per cent of eligible voters participated in the 2009 election, it has dwindled every four years since.

“In regard to the poor turnout to elections, there has been dissatisfaction amongst voters that comes down to dissatisfaction towards party policies, individual members of parliament, and once a member of parliament is appointed, they tend to forget their voters, so there’s a number of factors,” La’au says.

“With the referendum, the short time frame given for campaigning has had a negative effect on the numbers of voters. Not many people understand the issues in question. The majority of Vanuatu’s population live in remote areas.

“There are certain polling stations announced on radio for people to attend and vote with their national ID card, but depending on where that polling station is, people from the remote islands would have to walk three hours to the airport just to be able to get to a polling station.

“Politically, there has been a big shift in Vanuatu since independence. Our forefathers only had major parties that were mainly focused on driving the country forward. For this generation, the political ideologies are different.

“What’s interesting is that [post the referendum] these minor parties will have to merge their ideologies with the other parties. Are they going to work in harmony for the four-year term?”

Because of the result, members of minor parties and independent members will either have to vacate their seat or join a bigger party.

La’au says, “On the face of it, the intention is to bring political stability and to stop party members switching allegiances, but whether that harmony can be sustained will be interesting to see.”

Heinz is optimistic.

“The whole process is a win for democracy and the intention is to address the recent upheavals in which quite a lot of governments were upturned well before the 4-year term expired,” he says.

“The aim is to give the country more time to achieve things and more time to work with outside governments and private donors to achieve projects that require a longer term to complete. The ingredients are all here, but whether or not the parliament will find ways to shorten terms or disunity occurs will be interesting to see.”

Despite the geographical proximity, Australians can often lack news and insight into their close Pacific neighbour.

“Once upon a time we did hear a lot more and a there was a greater Australian presence in the Pacific, including the ABC. That had dissipated in the last decade but is now ramping up again,” Heinz says.

“A lot of the focus is on security, and the geopolitics of US, Australia and China vying for favour, but, how these countries operate and how they will operate in the short term are important as well.”

New Caledonia has been at the forefront of news headlines globally owing to the division between the Indigenous Kanak population and the French government.

“New Caledonia has a brotherly relationship with Vanuatu. Whatever happens in New Caledonia affects us as well,” La’au says.

“Prior to the recent incident [the protests against changes to the voting rules in New Caledonia], we had an influx of French people leaving new Caledonia for Vanuatu.

“It’s a peaceful country, Vanuatu, and with the referendum people are quite laid back about seeing what the politicians will do. if they’re unsatisfied this is where they approach the chief, or their member of parliament, according to the protocol.”

Australian support for Vanuatu’s climate vulnerability

According to DFAT, Vanuatu is one of the most ‘at-risk’ countries to natural hazards in the world including cyclones, earthquakes and volcanic eruptions.

Australia is Vanuatu’s main provider of development and humanitarian assistance.

In April 2020, Australia provided $11 million for Vanuatu’s immediate response to Tropical Cyclone Harold, a Category 5 Cyclone. Australia is also providing $22.8 million to the Tropical Cyclone Harold Recovery Package over five years from 2021-2026. The funds are also going toward gender and social protection, including women’s economic empowerment and leadership, eliminating violence against women and disability inclusion.

The 2024-25 Australian budget has allocated Official Development Assistance (ODA) of$83.2 million, down from the 2023-24 amount of $84.6 million, or the 2022-23 ODA of $112.5 million.

Prior to independence in 1980, Vanuatu was jointly colonised by France and the UK in 1906, establishing separate authorities over their own settlers. Non-French and British settlers were placed under one or other of the administrations. Indigenous custom was not officially acknowledged.

In 1980, the Constitution of Vanuatu came into effect on July 30, establishing a Parliament as the Republic’s key legislative body, as well as the judiciary. In practice, pre-independence British and French laws have been adopted over customary law. In 1988, the Revised Laws of Vanuatu were introduced as a consolidation of the pre-independence written laws applicable in the country.

Great respect for the legal system

According to the Index of Economic Freedom, Vanuatu is ranked highly in terms of judicial effectiveness. The rule of law is respected, property rights and judicial effectiveness are both ranked above the world average; and its government integrity score is also above the world average.

The country was considered at its peak economic freedom in 2018, which dropped significantly in 2019 and has not recovered substantially.

La’au confirms, “There’s high respect for the legal system, the courts and judges. In terms of property, in the outer islands everyone has their own plot of land to cultivate. In town, most of the Ni-Vanuatu live on the outskirts of town since the inner township is inexpensive.”

Similar to the Solomon Islands and Papua New Guinea, Vanuatu has two property law systems operating in tandem.

“You’ve got a British common law system, where you’ve got your property, your title that’s recorded at the registry that shows that you’re the holder and you’ve got certain rights in respect to that land,” Heinz says.

“Then you’ve got customary law, which is not really codified. Within the islands, it is codified. So, if you come from one province, there’s an accepted kind of way that land laws are passed down. For example, it could be through a father or the mother’s side.”

Both legal experts say they are “looking forward” to the post-referendum future.

“The holding of the referendum is a big tick for President Vurobaravu,” La’au says.

“There has been a colourful history. In 2023, we had four governments in one year, so this has put a full stop to that, I think.”