Motives for writing constitution, Reference to country's history, God or other deities, Preamble, Source of constitutional authority
Preamble
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
Type of government envisioned
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
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Official or national languages
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.
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Protection of language use
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
- National sovereignty belongs to the people of Vanuatu which they exercise through their elected representatives.
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Restrictions on voting, Claim of universal suffrage, Secret ballot
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.
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Right to form political parties, Restrictions on political parties
Political parties may be formed freely and may contest elections. They shall respect the Constitution and the principles of democracy.
- For the purposes of determining national sovereignty, people of Vanuatu means all indigenous and naturalised citizens of Vanuatu.
CHAPTER 3. CITIZENSHIP
Requirements for birthright citizenship
9. AUTOMATIC CITIZENS
On the Day of Independence the following persons shall automatically become citizens of Vanuatu-
- a person who has or had four grandparents who belong to a tribe or community indigenous to Vanuatu; and
- a person of ni-Vanuatu ancestry who has no citizenship, nationality or the status of an optant.
Requirements for birthright citizenship, Requirements for naturalization
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.
Requirements for birthright citizenship
11. PERSONS BORN AFTER DAY OF INDEPENDENCE
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.
Requirements for naturalization
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
- The Republic of Vanuatu recognises dual citizenship.
- A person who is a citizen of Vanuatu or of a state other than Vanuatu may be granted dual citizenship.
- For the purposes of protecting the national sovereignty of Vanuatu, a holder of dual citizenship must not:
- hold or serve in any public office; and
- be involved in Vanuatu politics; and
- fund activities that would cause political instability in Vanuatu; and
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Restrictions on political parties
affiliate with or form any political parties in Vanuatu;
- stand as a candidate and vote at any of the following elections:
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Eligibility for first chamber
general election for Members to Parliament; and
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Subsidiary unit government
provincial election for members to a Provincial Government Council; and
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Municipal government
municipal election for members to a Municipal Council.
- 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.
- Parliament may prescribe:
- the requirements to be met by categories of persons applying for dual citizenship; or
- the privileges to be accorded to any category of persons who are holders of dual citizenship.
Requirements for naturalization, Right to renounce citizenship, Conditions for revoking 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
Structure of legislative chamber(s)
15. PARLIAMENT
The legislature shall consist of a single chamber which shall be known as Parliament.
16. POWER TO MAKE LAWS
- Parliament may make laws for the peace, order and good government of Vanuatu.
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Initiation of general legislation
Parliament shall make laws by passing bills introduced either by one or more members or by the Prime Minister or a Minister.
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Approval or veto of general legislation
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.
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Constitutional interpretation, Approval or veto of general legislation, Constitutionality of legislation
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
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First chamber selection, Claim of universal suffrage
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.
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Minimum age of head of state, Eligibility for head of government, Minimum age of head of government, Eligibility for cabinet, Minimum age for first chamber, Eligibility for first chamber
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.
Supreme court powers, Removal of individual legislators
17A. VACATION OF SEAT WHERE MEMBER RESIGNS OR CEASES TO SUPPORT POLITICAL PARTY
- This article applies to a member of Parliament if the member, having been a candidate of a political party and elected to Parliament resigns from, or ceases to support, the political party.
- If the leader of the political party notifies the Speaker in writing that the member has resigned from, or ceased to support, the political party, the Speaker shall, at the next sitting of Parliament after the Speaker is so informed, make a declaration that the member has resigned from, or ceased to support, the political party.
- If, within a period of 7 days of the declaration by the Speaker, the member does not institute legal proceedings in the Supreme Court to challenge the allegation that he or she has resigned from, or ceased to support, the political party, the member must vacate his or her seat at the end of that period.
- If, within 7 days of the declaration by the Speaker, the member institutes legal proceedings in the Supreme Court to challenge the allegation that he or she has resigned from, or ceased to support, the political party, the member shall not vacate his or her seat unless and until:
- the proceedings are finally determined by a decision upholding the allegation that the member has resigned from, or ceased to support, the political party, being a decision in respect of which the time allowed for an appeal has expired without an appeal being filed; or
- the proceedings are withdrawn.
- This Article shall not apply during the period when Parliament may pass a motion of no confidence in the Prime Minister.
- This Article shall apply notwithstanding the provisions of Article 5 (1) of this Constitution.
- If:
- a member of Parliament having been a candidate of a political party for the general election held on 6 July 2004, ceases to support, or resigns from, the political party before the commencement of this article; and
- on the commencement of this article, the member has not resumed support for, or rejoined, the political party;
then, the member must, within 12 months after the commencement of this article, notify the Speaker of Parliament in writing whether he or she is a member of, or supports, another political party, or is an independent member of the Parliament supporting the Government or the Opposition or neither.
- If the member does not give the required notice under subarticle (7), then, for the purposes of the application of this article to the member, he or she is deemed immediately after the commencement of this article to have ceased to support, or resigned from, the political party for which he or she stood as a candidate for the general election held on 6 July 2004.
Removal of individual legislators, Supreme court powers
17B. VACATION OF SEAT OF INDEPENDENT MEMBER
- This Article applies to a member of Parliament if the member having been an independent candidate and elected to Parliament, affiliates with the Government or the Opposition, and then ceases to support the Government or the Opposition (whichever applies).
- If the Prime Minister or the Leader of the Opposition, notifies the Speaker in writing that the member is an independent candidate who was elected to Parliament and affiliated with the Government or the Opposition, but has ceased to support the Government or the Opposition, the Speaker shall, at the next sitting of Parliament after the Speaker is so informed, make a declaration under paragraph (3) (a) or (b).
- The declaration by the Speaker is that the member-
- is an independent candidate who was elected to Parliament and affiliated with the Government, but has ceased to support the Government; or
- is an independent candidate who was elected to Parliament and affiliated with the Opposition, but has ceased to support the Opposition.
- If, within a period of 7 days of the declaration by the Speaker, the member does not institute legal proceedings in the Supreme Court to challenge the allegation that he or she is an independent candidate who was elected to Parliament and affiliated with the Government or the Opposition, but has ceased to support the Government or the Opposition, the member's seat shall be taken to be vacated at the end of that period.
- If, within 7 days of the declaration by the Speaker, the member institutes legal proceedings in the Supreme Court to challenge the allegation referred to in subarticle (4), the member's seat shall not be taken to have been vacated unless and until:
- the proceedings are finally determined by a decision upholding the allegation, being a decision in respect of which the time allowed for an appeal has expired without an appeal being filed; or
- the proceedings are withdrawn.
- This Article shall not apply during the period when Parliament may pass a motion of no confidence in the Prime Minister.
- This Article shall apply notwithstanding the provisions of Article 5 (1) of this Constitution.
Electoral commission
18. ELECTORAL COMMISSION
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Establishment of judicial council
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.
- The following persons shall not be qualified for appointment as chairman or member of the Commission-
- a member of or a candidate for election to Parliament;
- a member of or a candidate for election to provincial government or municipal councils;
- a member of or a candidate for election to the Malvatumauri Council of Chiefs;
- any person who exercises any position of responsibility in a political party.
- A chairman or a member of the Commission shall vacate his office-
- at the expiration of 5 years from the date of his appointment; or
- 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.
Electoral commission
20. FUNCTIONS OF ELECTORAL COMMISSION AND PRINCIPAL ELECTORAL OFFICER
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Subsidiary unit government, Municipal government
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.
- 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.
- 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 comments on it before the bill is introduced in Parliament or, as the case may be, before the regulation or instrument is made.
- 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
- Parliament shall meet twice a year in ordinary session.
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Extraordinary legislative sessions
Parliament may meet in extraordinary session at the request of the majority of its members, the Speaker or the Prime Minister.
- Unless otherwise provided in the Constitution, Parliament shall make its decisions by public vote by a simple majority of the members voting.
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Quorum for legislative sessions
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.
- For the purpose of subarticle (4), days means working days and not Saturday or Sunday.
- Parliament shall make its own roles of procedure.
Leader of first chamber
22. SPEAKER AND DEPUTY SPEAKERS
- At its first sitting after any general election Parliament shall elect a Speaker and one or more Deputy Speakers.
- The Speaker shall preside at sittings of Parliament and shall be responsible for maintaining order.
- The functions of Speaker may be exercised by a Deputy Speaker.
Legislative committees
23. COMMITTEES
Parliament may establish committees and appoint members to them.
Public or private sessions
24. PROCEEDINGS TO BE PUBLIC
Unless otherwise provided proceedings of Parliament shall be held in public.
25. PUBLIC FINANCE
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Budget bills
Every year the Government shall present a bill for a budget to Parliament for its approval.
- 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.
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Tax bills
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.
- Parliament shall provide for the office of Auditor-General, who shall be appointed by the Public Service Commission on its own initiative.
- The function of the Auditor-General shall be to audit and report to Parliament and the Government on the public accounts of Vanuatu.
- The Auditor-General shall not be subject to the direction or control of Boy other person or body in the exercise of his functions.
International law, Legal status of treaties, Treaty ratification
26. RATIFICATION OF TREATIES
Treaties negotiated by the Government shall be presented to Parliament for ratification when they-
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International organizations
concern international organisations, peace or trade;
- commit the expenditure of public funds;
- affect the status of people;
- require amendment of the laws of the Republic of Vanuatu; or
- provide for the transfer, exchange or annexing of territory.
Immunity of legislators
27. PRIVILEGES OF MEMBERS
- 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.
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Legislative committees
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.
28. LIFE OF PARLIAMENT
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Term length for first chamber
Parliament, unless sooner dissolved under paragraph (2) or (3), shall continue for 4 years from the date of its election.
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Dismissal of the legislature
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.
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Dismissal of the legislature
The President of the Republic may, on the advice of the Council of Ministers, dissolve Parliament.
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Scheduling of elections
General elections shall be held not earlier than 30 days and not later than 60 days after any dissolution.
- There shall be no dissolution of Parliament within 12 months of the general elections following a dissolution under subarticle (2) or (3).
Right to culture, Indigenous right to self governance
CHAPTER 5. MALVATUMAURI COUNCIL OF CHIEFS
29. MALVATUMAURI COUNCIL OF CHIEFS
- The Malvatumauri Council of Chiefs shall be composed of custom chiefs elected by their peers sitting in District Councils of Chiefs.
- The Council shall make its own rules of procedure.
- 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.
- During the first sitting following its election the Council shall elect its President.
30. FUNCTIONS OF COUNCIL
- The Malvatumauri Council of Chiefs has a general competence to discuss all matters relating to land, custom and tradition and may make recommendations for the preservation and promotion of ni-Vanuatu culture and languages.
- The Council must be consulted on any question, particularly any question relating to land, tradition and custom, in connection with any bill before Parliament.
31. ORGANISATION OF COUNCIL AND ROLE OF CHIEFS
Parliament shall by law provide for the organisation of the Malvatumauri Council of Chiefs and in particular for the role of chiefs at the village, island and district level.
32. PRIVILEGES OF MEMBERS OF COUNCIL
- No member of the Malvatumauri 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.
- 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
Name/structure of executive(s)
33. PRESIDENT OF THE REPUBLIC
The head of the Republic shall be known as the President and shall symbolise the unity of the nation.
34. ELECTION OF PRESIDENT
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Head of state selection, Subsidiary unit government
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 Presidents of the Provincial Government Councils.
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Head of state replacement
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.
Eligibility for head of state, Minimum age of head of state
35. QUALIFICATIONS FOR ELECTION AS PRESIDENT
Any indigenous Vanuatu citizen qualified to be elected to Parliament shall be eligible for election as President of the Republic.
Head of state removal
36. TERM OF OFFICE AND REMOVAL OF PRESIDENT
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Head of state term length
The term of office of the President of the Republic shall be 5 years.
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Subsidiary unit government
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 Presidents of the Provincial Government Councils, are present.
- At least 2 weeks notice of the motion provided for in subarticle (2) shall he given to the Speaker.
- 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.
37. SPEAKER TO ACT AS PRESIDENT
- 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.
- 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.
Legislative committees, Power to pardon
38. PRESIDENTIAL POWERS OF PARDON,COMMUTATION AND REDUCTION OF SENTENCES
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
Name/structure of executive(s)
39. EXECUTIVE POWER
- 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.
- The Prime Minister shall keep the President of the Republic fully informed concerning the general conduct of the government of the Republic.
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Constitutional interpretation, Supreme court powers
The President of the Republic may refer to the Supreme Court any regulation which he considers to be inconsistent with the Constitution.
Establishment of cabinet/ministers
40. COUNCIL OF MINISTERS
- There shall be a Council of Ministers which shall consist of the Prime Minister and other Ministers.
- The number of Ministers, including the Prime Minister, shall not exceed a third of the number of members of Parliament.
Head of government selection, Minimum age of head of government, Head of government's role in the legislature, Eligibility for head of government
41. ELECTION OF PRIME MINISTER
The Prime Minister shall be elected by Parliament from among its members by secret ballot in accordance with the rules in Schedule 2.
42. APPOINTMENT AND REMOVAL OF OTHER MINISTERS
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Cabinet selection, Deputy executive, Eligibility for cabinet
The Prime Minister shall appoint the other Ministers from among the members of Parliament and may designate one of them as Deputy Prime Minister.
- The Prime Minister shall assign responsibilities for the conduct of government to the Ministers.
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Cabinet removal
The Prime Minister may remove the Ministers from office.
Cabinet removal
43. COLLECTIVE RESPONSIBILITY OF MINISTERS AND VOTES OF NO CONFIDENCE
- The Council of Ministers shall be collectively responsible to Parliament.
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Head of government removal, Head of government replacement
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.
Head of government replacement
44. TERMINATION OF OFFICE OF MINISTERS
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.
45. OTHER TIMES WHEN A MINISTER CEASES TO HOLD OFFICE
A Minister, including the Prime Minister, shall also cease to hold office-
- when, after a general election, Parliament meets to elect a new Prime Minister;
-
Head of government removal, Cabinet removal
if he ceases to be a member of Parliament for any reason other than a dissolution of Parliament; or
- if he is elected as President of the Republic or as Speaker of Parliament.
Eligibility for cabinet
46. MINISTERS TO REMAIN MEMBERS OF PARLIAMENT
Members of Parliament who are appointed Ministers shall retain their membership of Parliament.
CHAPTER 8. JUSTICE
Establishment of judicial council
47. THE JUDICIARY
- 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.
-
Supreme court selection
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.
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Supreme/ordinary court judge removal, Mandatory retirement age for judges
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-
- conviction and sentence on a criminal charge; or
- a determination by the Judicial Service Commission of gross misconduct, incapacity or professional incompetence.
- 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.
- 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.
- Subarticle (3) so far as it relates to the removal from office shall apply to acting judges.
Establishment of judicial council
48. THE JUDICIAL SERVICE COMMISSION
-
Indigenous right to representation
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 Malvatumauri Council of Chiefs appointed by the Council.
- 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.
Structure of the courts
49. THE SUPREME COURT, THE CHIEF JUSTICE AND OTHER JUDGES
- The Supreme Court has unlimited jurisdiction to hear 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.
-
Number of supreme court judges
The Supreme Court shall consist of a Chief Justice and not more than twelve other judges.
-
Supreme court selection
The Chief Justice shall be appointed by the President of the Republic after consultation with the Prime Minister and the Leader of the Opposition.
-
Eligibility for supreme court judges
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.
Structure of the courts, Right to appeal judicial decisions
50. APPEALS FROM SUPREME COURT TO COURT OF APPEAL
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 be constituted by two or more judges of the Supreme Court sitting together.
51. ASCERTAINMENT OF RULES OF CUSTOM
- Parliament may provide for the manner of the ascertainment of relevant rules of custom except for the rules of custom relating to ownership of custom land, and may in particular provide for persons knowledgeable in such custom to sit with the judges of the Supreme Court or the Court of Appeal and take part in its proceedings.
- Subarticle (1) does not apply to any matter being referred to a Court before the commencement of this amendment.
Structure of the courts
52. VILLAGE AND ISLAND COURTS
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.
Constitutional interpretation, Supreme court powers
53. APPLICATION TO SUPREME COURT REGARDING INFRINGEMENTS OF CONSTITUTION
-
Ultra-vires administrative actions
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.
- 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.
- 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.
Supreme court powers
54. ELECTION DISPUTES
The jurisdiction to hear and determine any question as to whether a person has been validly elected as a member of Parliament, the Malvatumauri Council of Chiefs, and a Provincial Government Council or whether he has vacated his seat or has become disqualified to hold it shall vest in the Supreme Court.
Attorney general, Establishment of judicial council
55. PUBLIC PROSECUTOR
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.
Establishment of judicial council
56. PUBLIC SOLICITOR
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 12. LAND
Ownership of natural resources
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.
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
- Parliament by enactment shall formalise the recognition of appropriate customary institutions or procedures to resolve land ownership or any disputes over custom land.
- Parliament may recognise an institution as a customary institution by enactment for the purposes of subarticle (1).
- 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.
- Subarticle (3) does not apply to any matter being referred to a Court before the commencement of this amendment.
- 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.
Restrictions on rights of groups
79. LAND TRANSACTIONS
- 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.
- The consent required under subarticle (1) shall be given unless the transaction is prejudicial to the interests of-
- the custom owner or owners of the land;
- the indigenous citizen where he is not the custom owner;
- the community in whose locality the land is situated; or
- the Republic of Vanuatu.
Ownership of natural resources
80. GOVERNMENT MAY OWN LAND
Notwithstanding Articles 73 and 74 the Government may own land acquired by it in the public interest.
Provisions for wealth redistribution, Protection from expropriation
81. REDISTRIBUTION OF LAND
- 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.
- When redistributing land in accordance with subarticle (1), the Government shall give priority to ethnic, linguistic, customary and geographical ties.
CHAPTER 13. DECENTRALISATION
Subsidiary unit government
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.
Subsidiary unit government
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.
Constitution amendment procedure
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.
Referenda
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.
Head of government selection
SCHEDULE 2. ELECTION OF THE PRIME MINISTER (Article 41)
- The candidate who obtains the support of an absolute majority of the members of Parliament shall be elected Prime Minister.
- 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.
- 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.