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CONSTITUTION OF THE REPUBLIC OF VANUATU Consolidated English Version Order commenced on 29th April 2020 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU Commencement: 30 July 1980 except Articles 87 and 93 which commenced 23 October 1979 CONSTITUTION OF THE REPUBLIC OF VANUATU Act 10 of 1980 Act 15 of 1981 Act 20 of 1983 Act 24 of 2006 Act 27 of 2013 ARRANGEMENT OF ARTICLES CHAPTER 1 – THE STATE AND 22. Speaker and Deputy Speakers SOVEREIGNTY 23. Committees 1. Republic of Vanuatu 24. Proceedings to be public 2. Constitution supreme law 25. Public finance 3. National and official languages 26. Ratification of treaties 4. National sovereignty, the electoral franchise 27. Privileges of members and political parties 28. Life of Parliament CHAPTER 2 – FUNDAMENTAL RIGHTS AND CHAPTER 5 – MALVATUMAURI COUNCIL OF DUTIES CHIEFS Part I – Fundamental rights 29. Malvatumauri Council of Chiefs 5. Fundamental rights and freedoms of the 30. Functions of Council individual 31. Organisation of Council and role of chiefs 6. Enforcement of fundamental rights 32. Privileges of members of Council Part II – Fundamental duties CHAPTER 6 – HEAD OF STATE 7. Fundamental duties 33. President of the Republic 8. Fundamental duties non-justiciable but 34. Election of President public authorities to encourage compliance 35. Qualifications for election as President 36. Term of office and removal of President CHAPTER 3 – CITIZENSHIP 37. Speaker to act as President 9. Automatic citizens 38. Presidential powers of pardon, 10. Entitlement to citizenship commutation and reduction of sentences 11. Persons born after Day of Independence 12. Naturalisation CHAPTER 7 – THE EXECUTIVE 13. Recognition of dual citizenship 39. Executive power 14. Further provision for citizenship 40. Council of Ministers 41. Election of Prime Minister CHAPTER 4 – PARLIAMENT 42. Appointment and removal of other Ministers 15. Parliament 43. Collective responsibility of Ministers and 16. Power to make laws votes of no confidence 17. Election of members of Parliament 44. Termination of office of Ministers 18. Electoral Commission 45. Other times when a Minister ceases to hold 19. Principal Electoral Officer office 20. Functions of Electoral Commission and 46. Ministers to remain members of Parliament Principal Electoral Officer 21. Procedure of Parliament 1 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU CHAPTER 8 – JUSTICE 72. Complaints to Supreme Court concerning 47. The Judiciary emergency regulations 48. The Judicial Service Commission 49. The Supreme Court, the Chief Justice and CHAPTER 12 – LAND other judges 73. Land belongs to custom owners 50. Appeals from Supreme Court to Court of 74. Basis of ownership and use Appeal 75. Perpetual ownership 51. Ascertainment of rules of custom 76. National land law 52. Village and island courts 77. Compensation 53. Application to Supreme Court regarding 78. Customary institutions to resolve land infringements of Constitution ownership and disputes 54. Election disputes 79. Land transactions 55. Public Prosecutor 80. Government may own land 56. Public Solicitor 81. Redistribution of land CHAPTER 9 – ADMINISTRATION CHAPTER 13 – DECENTRALISATION Part I – The Public Service 82. Legislation for decentralisation 57. Public servants 83. Local Government Councils 58. Exclusion of security of tenure in relation to political advisers and transfer of public CHAPTER 14 – AMENDMENT OF THE servants CONSTITUTION 59. Membership of Public Service Commission 84. Bills for amendment of Constitution 60. Functions of Public Service Commission 85. Procedure for passing Constitutional amendments Part II – The Ombudsman 86. Amendments requiring support of 61. Ombudsman referendums 62. Enquiries by Ombudsman 63. Findings of Ombudsman and reports CHAPTER 15 – TRANSITIONAL PROVISIONS 64. Right of a citizen to services in own 87. First President of the Republic language 88. First Prime Minister and other Ministers 65. Ombudsman not subject to direction or 89. First Parliament control 90. Existing offices 91. Judges of the Supreme Court CHAPTER 10 – LEADERSHIP CODE 92. Rights, liabilities and obligations 66. Conduct of leaders 93. Electoral system 67. Definition of a leader 94. Legal proceedings 68. Parliament to give effect to this Chapter 95. Existing law CHAPTER 11 – EMERGENCY POWERS SCHEDULE 1 – Election of the President of the 69. Emergency regulations Republic 70. Period of and renewals of state of SCHEDULE 2 – Election of the Prime Minister emergency 71. Effect of emergency regulations 2 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU 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 1. Republic of Vanuatu The Republic of Vanuatu is a sovereign democratic state. 2. Constitution supreme law The Constitution is the supreme law of the Republic of Vanuatu. 3. National and official languages (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. 4. National sovereignty, the electoral franchise and political parties (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. (4) For the purposes of determining national sovereignty, “people of Vanuatu” means all indigenous and naturalised citizens of Vanuatu. CHAPTER 2 – FUNDAMENTAL RIGHTS AND DUTIES PART I – Fundamental Rights 5. Fundamental rights and freedoms of the individual (1) The Republic of Vanuatu recognises, that, subject to any restrictions imposed by law on non-citizens and holders of dual citizenship who are not indigenous or naturalised 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 3 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU 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 6. Enforcement of fundamental rights (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. 4 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU Part II – Fundamental Duties 7. Fundamental duties 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. 8. Fundamental duties non-justiciable but public authorities to encourage compliance 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 9. Automatic citizens 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. 10. Entitlement to citizenship 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. 11. Persons born after day of independence 5 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU 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. 12. Naturalisation 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. 13. Recognition of dual citizenship (1) The Republic of Vanuatu recognises dual citizenship. (2) A person who is a citizen of Vanuatu or of a state other than Vanuatu may be granted dual citizenship. (3) For the purposes of protecting the national sovereignty of Vanuatu, a holder of dual citizenship must not: (a) hold or serve in any public office; and (b) be involved in Vanuatu politics; and (c) fund activities that would cause political instability in Vanuatu; and (d) affiliate with or form any political parties in Vanuatu; (e) stand as a candidate and vote at any of the following elections: (i) general election for Members to Parliament; and (ii) provincial election for members to a Provincial Government Council; and (iii) municipal election for members to a Municipal Council. (4) To avoid doubt, subarticle (3) does not apply to an indigenous citizen or a person who has gained Vanuatu citizenship by naturalisation, who hold dual citizenship. (5) Parliament may prescribe: (a) the requirements to be met by categories of persons applying for dual citizenship; or (b) the privileges to be accorded to any category of persons who are holders of dual citizenship. 14. Further provision for citizenship 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 15. Parliament The legislature shall consist of a single chamber which shall be known as Parliament. 16. Power to make laws (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. 6 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU (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. 17. Election of members of Parliament (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. 18. Electoral Commission (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 provincial government or municipal councils; (c) a member of or a candidate for election to the Malvatumauri 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. 19. Principal Electoral Officer There shall be a Principal Electoral Officer who shall be a public servant. 20. Functions of Electoral Commission and Principal Electoral Officer (1) The Electoral Commission shall have general responsibility for and shall supervise the registration of electors and the conduct of elections to Parliament, the Malvatumauri Council of Chiefs, provincial 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 Malvatumauri Council of Chiefs, provincial 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 7 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU 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. 21. Procedure of Parliament (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. (4A) For the purpose of subarticle (4), days means working days and not Saturday or Sunday. (5) Parliament shall make its own rules of procedure. 22. Speaker and Deputy Speakers (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. 23. Committees Pa