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the Ombudsman, would disqualify him for appointment as such. 62. Enquiries by Ombudsman (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 Malvatumauri Council of Chiefs or of a Provincial 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. 63. Findings of the Ombudsman and reports (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 15 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU 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 or his findings. He may draw the attention of Parliament to any defects which appear to him to exist in the administration. 64. Right of a citizen to services in own language (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. 65. Ombudsman not subject to direction or control 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 66. Conduct of leaders (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). 67. Definition of a leader 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. 68. Parliament to give effect to this Chapter Parliament shall by law give effect to the principles of this Chapter. CHAPTER 11 – EMERGENCY POWERS 69. Emergency regulations The Council of Ministers may make regulations for dealing with a public emergency whenever – 16 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU (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. 70. Period of and renewals of state of emergency (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. 71. Effect of emergency regulations (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 as are justifiable in a democratic society. 72. Complaints to Supreme Court concerning emergency regulations 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 73. Land belongs to custom owners All land in the Republic of Vanuatu belongs to the indigenous custom owners and their descendants. 74. Basis of ownership and use The rules of custom shall form the basis of ownership and use of land in the Republic of Vanuatu. 17 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU 75. Perpetual ownership 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. 76. National land law Parliament, after consultation with the Malvatumauri 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. 77. Compensation 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. 78. Customary institutions to resolve land ownership and disputes (1) Parliament by enactment shall formalise the recognition of appropriate customary institutions or procedures to resolve land ownership or any disputes over custom land. (2) Parliament may recognise an institution as a customary institution by enactment for the purposes of subarticle (1). (3) Despite the provisions of Chapter 8 of the Constitution, the final substantive decisions reached by customary institutions or procedures in accordance with Article 74, after being recorded in writing, are binding in law and are not subject to appeal or any other form of review by any Court of law. (4) Subarticle (3) does not apply to any matter being referred to a Court before the commencement of this amendment. (5) Where consequent to the provisions of this Chapter there is a dispute concerning the custom ownership of land the government may hold such land and manage it in the interests of disputing parties until the dispute is resolved. 79. Land transactions (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. 80. Government may own land Notwithstanding Articles 73 and 74 the Government may own land acquired by it in the public interest. 81. Redistribution of land (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. 18 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU CHAPTER 13 – DECENTRALISATION 82. Legislation for decentralisation The Republic of Vanuatu, conscious of the importance of decentralisation to enable the people fully to participate in the government of their Provincial Government Region, shall enact legislation necessary to realize that ideal. 83. Provincial Government Councils The legislation shall provide for the division of the Republic of Vanuatu into Provincial Government Regions and for each region to be administered by a Provincial Government Council on which shall be representatives of custom chiefs. CHAPTER 14 – AMENDMENT OF THE CONSTITUTION 84. Bills for amendment of Constitution A bill for an amendment of the Constitution may be introduced either by the Prime Minister or any other member of Parliament. 85. Procedure for passing Constitutional amendments 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. 86. Amendments requiring support of referendums 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 87. First President of the Republic 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. 88. First Prime Minister and other Ministers 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. 89. First Parliament (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. 19 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU (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. 90. Existing offices (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. 91. Judges of the Supreme Court 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. 92. Rights, liabilities and obligations (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, be 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. 93. Electoral system 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. 94. Legal proceedings 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. 20 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION OF THE REPUBLIC OF VANUATU 95. Existing law (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. 21 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2020 CONSTITUTION 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. 22