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Va n uat u throughout since July and is expected to make recommendations The year 2000 was generally stable on decentralization by mid-2001 (VW, for the Vanuatu government, especially 22 July 2000). Land dispute adminis- when compared to the governance tration has long been a problem due situation in neighboring Melanesian to inactive and inappropriate island countries. Somewhat surprisingly per- courts and an appeal structure that haps, given the previous instability in brings customary disputes to the Vanuatu politics and the difficulty of Supreme Court. After two months of successfully operating a coalition consultations in mid-2000, the team government, the five-party coalition responsible for reviewing the land formed at the end of 1999 under the dispute system has recommended the leadership of Barak Sope has rem a i n e d creation of a dispute resolution sys- in power. Various rumors circulated tem that is more appropriate to cus- that a change in parliament would tom than is the current system. Draft occur. These included rumors that legislation has been written, and, if ministerial posts would be reallocated passed, will see the creation of village- in contravention of the coalition level lands tribunals, composed of memorandum of agreement (VW, 22 people who are recognized as being Jan 2000; TP, 14 June 2000), that a knowledgeable about custom (VW, motion of no-confidence action was 28 Dec 2000). to be tabled by the opposition (VW, A third area where review began 7 Oct 2000), and that the Vanua‘aku in 2000 is revenue collection. The Party had offered to form a coalition Revenue Strategy Committee was with the Union of Moderate Parties established in November and will, in and thereby change the government accordance with the Comprehensive (VW, 2 Sept 2000). However, none of Reform Program, primarily consider the rumors amounted to anything and options for widening the tax base no changes to parliament occurred. (VW, 11 Nov 2000). However, this There was some factionalism and revenue review seems to be driven infighting within the major parties, more by concern about Vanuatu’s but none of the wrangling has had tax-haven status than by concern for any significant impact on Vanuatu’s achieving the targets established by political scene. the Comprehensive Reform Program. Although the government was Recent agitation by the Organization largely stable, progress on the Com- for Economic Cooperation and Devel- prehensive Reform Program has been opment (oecd) on unfair competition somewhat erratic. A number of rev i e w from tax havens (a seemingly hypo- boards were established in key areas, critical attack on competition by including decentralization and land countries who usually champion com- administration. The Decentralization petition in the form of free trade) is Review Commission, whose role is to creating considerable pressure on “ensure that the fruit of c r p is shared countries to reconsider their revenue down to the rural areas,” has been bases (p ir, 13 Mar 2000). While actively engaged in consultation Vanuatu’s tax base has not yet been 558 the contemporary pacific • fall 2001 modified in the face of oecd pressure, 2000 by these activities, a number it is a member of a joint Common- of government-created setbacks also wealth and oecd Working Group on occurred. In March parliament passed cross-border tax issues that has been the Leadership Entitlement Act, which set up because of concerns about tax provides the president, the prime min- ha v e n s (Sa m o a Ob s e rv e r , 30 Ja n 2001). ister, and the chair of the National It remains to be seen whether the out- Council of Chiefs a pension of 20 per- comes of the Revenue Strategy Com- cent of their salary when they leave mittee are in any way influenced by office. The fiscal irresponsibility of this international anti-tax-haven pressures. act was opposed, but Prime Minister These anti-tax-haven pressures are Barak Sope justified it on the grou n d s at least in part driven by fears that of needing to reward and honor lead- small open economies such as Vanu- ers for their work. At the time, Sope atu’s may be used for money launder- also stated that in the future parlia- ing. Vanuatu has responded to accusa- ment would amend the act so that it tions that its open economy can be also applied to members of parliament misused for money la u n d e r i n g by pa s s - and the judiciary (VW, 25 Mar 2000). ing the Financial Transactions Report- The Parliament (Members Expenses ing Act, which establishes a Financial and Allowances) Amendment Act was Intelligence Unit. This act req u i r es that also passed during the same session. all suspicious transactions involving This act increased members’ salaries foreign currency be reported to the from 120,000 vatu per month to new Financial Intelligence Unit who 166,000 vatu, backdated to 1 Jan- can then investigate reports or share uary 20 0 0 (TP, 25 Mar 20 0 0 ). information with the relevant authori- The second legislative action to ties (VW, 26 Aug 2000). shake the good governance agenda Other significant acts passed in was the passage of two Private Mem- 2000 include the Nurses Act, which bers Bills introduced into parliament requires the establishment of a Nurses in March by Tanna member and gov- Council to regulate the profession in ernment backbencher Iaris Naunun. Vanuatu; the Judicial Services and The first of these pieces of legislation Co u r ts Act, which is aimed at improv - aimed to amend the Public Service ing standards within Vanuatu’s judi- Act 1998 by deleting provisions that cial system by prescribing minimum prohibit political interference in the qualification standards for justices; operation of the public service. In the Interactive Gaming Act, which particular, the amendment would allows for the establishment of inter- allow for director generals and other net casinos in Vanuatu, an activity public servants to be removed by a that will hopefully generate significant directive of the prime minister. The government revenue; and the Copy- second aimed to amend the Govern- right and Related Rights Act, which ment Act 1998 by removing require- was introduced largely in order to ments that any submission to the meet the standards of the World Council of Ministers involving legal Trade Organization. issues be first approved by the attor- Although good governance reform ney general. Similarly, it removed the was promoted by the government in requirement that the director general political reviews • m ela n e s i a 559 of Finance and Economic Manage- 2000). These incidents resulted in an ment first approve any submission to ombudsman’s report recommending the Council of Ministers involving that Prime Minister Sope remove financial matters (VW, 1 Apr 2000). Reginald from any ministerial posi- These bills were approved by parlia- tions. The report also urged the police ment on 10 April then forwarded to to investigate the complaints and lay the president of Vanuatu, Father John charges as required (TP, 14 Oct 2000). Bani, for ratification. With doubts Although no criminal charges have about the constitutionality of the bills, been laid against him because of these Father Bani refused to sign them and actions, Reginald resigned as deputy instead referred them to the Supreme prime minister at the end of August Court (VW, 13 May 2000). The and was replaced by James Bule (TP, alleged unconstitutionality of the bills 30 Aug 2000). stemmed from article 60(4) of the Ghosh’s appointment as honorary Constitution, which reads “The [Pub- consul for Vanuatu in Thailand lic Service] Commission shall not be occurred in April, soon after he had subject to the direction or control of given 10 million vatu to Vanuatu for any other person or body in the exer- disaster relief. He was also awarded cise of its functions.” In August, Act- ho n o r a r y citizenship, as one must hold ing Chief Justice Lunabeck ruled that citizenship in order to be a consul for giving the prime minister the right to Vanuatu (VW, 8 Apr 2000). The oppo- fire public servants by issue of direc- sition objected to this action, feeling tives was in breach of that article. The that Ghosh had bought himself a remaining content of both bills was diplomatic passport. Both Leader of ruled constitutional, and both have the Opposition Edward Natapei and now been promulgated (TP, 2 Sept Deputy Leader of the Opposition 2000). Willie Jimmy expressed concern that Other notable incidents that nega- the actions of the government would tively affected the government’s repu- create an environment whereby peo- tation include misbehavior by then ple could “buy” the government. This Deputy Prime Minister Stanley Regi- concern arose out of Ghosh’s steadily nald, and the appointment of Amaren - expanding business interests in Vanu- dra Nand Ghosh as Vanuatu’s hon- atu, including an offshore bank, and orary consul to Thailand. Reginald’s from his allegedly close friendship drunken behavior attracted media with Dinh van Than, president of the attention twice in 2000. In March he National United Party (VW, 29 Apr assaulted two people and punched his 2000). The government, however, hand through a glass door in a bar in denied that Ghosh’s appointment was (TP, 1 Apr 2000). The sec- a political decision, stating that “Van- ond incident, in Luganville, involved uatu, as a member of the Common- threats to security guards and man- wealth, should have consulates in agement when Reginald was asked to other member countries” (VW, 8 Apr leave a club at closing time. It was 2000). In November further news sto- alleged that one of Reginald’s guards ries about Ghosh surfaced, with the assaulted a security officer and threat- Trading Post running a headline that ened him with a pistol (VW, 5 Aug read “Ghosh Accused of u s$12m 560 the contemporary pacific • fall 2001

Fraud in Singapore” (TP, 22 Nov end of 1999 Sope made statements 2000). Ghosh responded to these alle- directed at opposition leaders, jour- gations immediately by explaining nalists, and the public to the effect that the Singapore incident involved that conspiracy and treason are crimi- a dispute between banks, and did not nal offenses with a life sentence, and involve him personally (TP, 25 Nov news stories that show the govern- 2000). Soon after, he presented the ment in a bad light can be considered government with a ruby that is treasonous (TP, 15 Dec 1999). Signals allegedly worth us$174 million. This that media freedom in Vanuatu was ruby was stated to be a gift to Vanu- under threat continued to appear with atu “to help the country so that it regularity throughout 2000. In Policy could be used as collateral to get 2000: Government of the Republic of financial assistance” (TP, 6 Dec 2000). Vanuatu Statement to the Nation, it Subsequently, questions were raised was stated that “the Government by a gem expert about the true worth recognises and supports media free- of the stone. The question of what Mr doms as outlined in the Constitution Ghosh is receiving from the govern- and will promote these principles. ment in return for this gift has also However, the media must be a con- been raised by skeptical observers structive contributor to Vanuatu soci- (TP, 27 Dec 2000). ety. Rumours in the media can be very The relationship between Ghosh counter-productive to the nation not and the Vanuatu government becomes only internally but internationally” more disquieting when events of early (my italics). Shortly after this state- 2001 are considered. On 19 January ment was released the Trading Post 2001, Marc Neil Jones, editor of the was warned by Minister for Tourism Trading Post, was deported from and Ni-Vanuatu Business John Alick Vanuatu for publishing “negative and “not to publish any article relating baseless” stories about the relation- to the m v Latua and its passengers.” ship between Ghosh and the govern- The sinking of the m v Latua in 1999 ment (p i r , 20 Jan 2001). Jones resulted in a Commission of Inquiry, returned to Vanuatu after two days, which released a public report that following an interim order by Acting the Trading Post had quoted in a Chief Justice Lunabeck that allowed front-page article, an action that him back into the country until the prompted Alick’s written warning to legality of his deportation could be the newspaper. The Trading Post filed resolved in court. After further threats an official complaint to the ombuds- by the government a customary rec- man over Alick’s actions. Although onciliation ceremony was performed publicly agreeing that Alick’s actions between Jones and the government. were in breach of constitutional pro- This ceremony, which was prompted visions on the freedom of expression, in part by a public outcry against the the ombudsman declined to initiate an government’s actions, appears to have investigation into the matter (VW, 29 settled the dispute. Jan 2000). This attack on press freedom does In April further government com- not come entirely as a surprise. At the plaints were raised about the Trading political reviews • m ela n e s i a 561

Post, this time relating to its reporting law and order. The first part of the of the Private Members Bills issue. In year was dominated by Operesen this particular instance the newspaper, Klinim Not 2000. This police opera- quoting former Prime Minister Don- tion was prompted by deteriorating ald Kalpokas, ran a headline reading order in Luganville, Santo. Although “Government Celebrate CRP’s efforts had been made to use the cus- Funeral” (TP, 12 Apr 2000). The min- tomary authority of local chiefs to ister for the Comprehensive Reform maintain order, over Christmas and Program expressed concern that the New Year a number of violent and media was misusing its privileges. destabilizing incidents occurred, such Minister for Energy Carlot Korman as the open display of guns and was very outspoken on the allegedly threats at gunpoint to businesspeople. misleading nature of the headline, This law-and-order problem has been stating that “we never made any cele- growing in Luganville for some time bration as stated by Trading Post. and appears to be largely caused by Now people overseas will say that in unemployed and disaffected youth. Vanuatu they make celebration when- After the incidents over the Christmas ever there is a funeral and we know period, the police decided to tackle that it is not true.” When the govern- the problem and mounted an opera- ment called for an urgent debate of tion that saw a number of people the Trading Post report, Leader of arrested and charged with various the Opposition Edward Natapei ques- crimes, including theft, assault, and tioned the need, saying, “I believe that unlawful entry (VW, 15 Jan 2000). the Trading Post front-page headline Some, including the chiefs of the touched you on the Government side” area, who have been losing authority (VW, 15 Apr 2000). In this instance, in the existing atmosphere of lawless- although no warning to the Trading ness, applauded the police operation. Post resulted, the government inten- However, very soon after the police tion to limit press freedom was fairly campaign commenced a number of apparent. Not long afterward the gov- complaints were made about heavy- ernment, in a press statement, gave handed police behavior, such as using a general warning to the media “to guns unnecessarily during arrests and always maintain balanced reporting” keeping people in custody without (VW, 6 May 2000). charge for undue lengths of time (VW, The government attack on freedom 5 Feb 2000; TP, 26 Jan 2000). It is of expression has caused concern to unclear how many of the approxi- proponents of the good governance mately 200 people arrested in Opere- agenda. However, it appears that the sen Klinim Not were charged with any local and international outcry over offense or subsequently convicted, the deportation of Jones may be a although a number of prosecutions sufficient reminder to the government were subsequently dismissed due to that constitutional rights cannot be errors in prosecution procedure (TP, 9 breached without just cause. Feb 2000). A group of about 50 indi- Possibly the largest issue for the viduals arrested during the operation, government in 2000 has been that of who claim to have been badly beaten 562 the contemporary pacific • fall 2001 while in police custody, held for The death of Justin West also served more than twenty-four hours without to hi g h l i g h t th e gro w i n g la w - a n d - o rd e r charge, or held in unsanitary cells is pr oblem in Port Vila. Police there have seeking compensation from the police. mounted a number of operations The aggrieved individuals may pro- aimed at clearing the backlog of ceed to court with their complaints incomplete investigations and red u c i n g and are filing for damages of 100 alcohol-induced public disturbances million vatu (TP, 27 May 2000). (VW, 19 Au g 20 0 0). Perhaps the most The focus on problems with the interesting response to the issue has police in Luganville continued when it been from the Vatveve Kaea Council was revealed that files relating to the of Chiefs in No r th Pentecost. Th i s prosecution of a rape incident went council, because it “hates to see our missing from the prosecutor’s office. people who are without jobs ca u s i n g Prisoners, including one who was a pr oblems around [Port Vila],” sent a suspect in the rape case, had been paramount chief to Port Vila to orde r taken to clean the office around the unemployed people from the council’s time the files went missing. The com- area back to Pentecost (VW, 8 July missioner of police, who described the 2000). in c i d e n t as “a sign of total ne g l i g e n c e ,” Increasingly, politicians and the revealed that other incidents of miss- general public are becoming concerne d ing files resulting in no prosecution about escalating crime. Patterns of had occurred (VW, 4 Mar 2000). behavior that were notable in Papua The perception of a growing lack New Guinea at the beginning of its of respect for, and effectiveness of, law-and-order problem are now being law in Vanuatu was compounded by noted in Vanuatu. Increasing urban the Council of Ministers decision to migration, youth unemployment, and release all prisoners, including people inadequate law enforcement leading convicted for rape, serious assault, and to confidence among criminals are all homicide, on New Year’s Eve 1999. becoming evident (TP, 28 Oct 2000). Within two days two of the re l e a s e d Ethnic tensions in Port Vila arising prisoners were returned to jail for because of land use disputes among committing further crimes (VW, 15 Jan traditional owners also contribute to 2000). Not until the middle of the the problem (TP, 24 June 2000). The year was the most serious ramification increasing presence of guns in Vanu- of the decision felt, however. In early atu, which in part prompted Operesen June a businessman, Justin West, was Klinim Not, is another cause for con- killed by one of the released prisoners cern. This issue was highlighted by who had broken into West’s home to police purchases of fifty Berretta hand- steal the keys to his shop. He was guns through a gun dealer in Vanuatu rapidly apprehended and subsequently in September, accompanied by rumors sentenced to fourteen years’ imprison- that the po l i c e we r e wa n t i n g to ac q u i r e ment. Wes t ’ s death renewed public an arsenal of m16 assault rifles (TP, 13 ca l l s fo r po l i t i c i a n s to ex e rc i s e res t r a i n t Sept 2000). This police action has led in decisions to release prisoners, a to public fears that, as in Solomon message that has so far been heeded. Islands and Papua New Guinea, police political reviews • m ela n e s i a 563 weapons may be stolen by criminals Re f e re n c e s and used in violent crime. Although p i r , Pacific Islands Report. this may seem an alarmist opinion, http://pidp.ewc.hawaii.edu there is no denying that the mainte- nance of law and order is becoming Samoa Observer. Apia. Daily. an increasingly significant issue for TP, The Trading Post. Port Vila. Two edi- urban Vanuatu. From the experiences tions per week. of our Melanesian neighbors, it seems VW, Vanuatu Weekly Hebdomadaire. Port that unless Vanuatu takes steps to Vila. Weekly. address this issue now, the brea k d o w n of law and order could become a defining issue in the development of Vanuatu in the future. a n i ta jow i t t