Political Reviews

The Region in Review: International Issues and Events, 2011 nic maclellan

Melanesia in Review: Issues and Events, 2011 david chappell, jon fraenkel, gordon leua nanau, howard van trease, muridan s widjojo

The Contemporary Pacic, Volume 24, Number 2, 359–431 © 2012 by University of Hawai‘i Press

359 414 the contemporary pacific • 24:2 (2012)

International Briefing First Quarter 2012: appeared to have misled Natapei on 68–72. his departure from Vila into believ- sibc, Solomon Islands Broadcasting ing that he could be trusted to defend Corporation. Daily Internet news service, their existing partnership in the face Honiara. http://www.sibconline.com of the ouster motion. Several months later, however, Kilman revealed to the ssn Solomon Star News. Daily news- , press that the turn of events in early paper, Honiara. Online at http://www .solomonstarnews.com/ December had not simply happened out of the blue but was the result of sto, Solomon Times Online. Daily Natapei’s failure to live up to an early Internet news service, Honiara. promise to redistribute ministerial http://www.solomontimes.com/ portfolios within the coalition more equitably. Several letters sent to the prime minister requesting action had been ignored. Kilman was obviously Vanuatu under pressure from his own people The relative political calm during the to act, and Natapei’s intended absence early weeks of 2011 was deceiving, at the moment a vote of no confidence given the controversy surrounding the had been tabled obviously provided change of government that had taken the opportunity to resolve the problem place the previous December (see (vdp, 28 April 2011). The events that Van Trease 2011). Having survived followed would seem to indicate that in office since the last national elec- there had been prior planning, and it tion in September 2008, a period that is therefore understandable that Nata- included several changes to coalition pei and the vp leadership felt betrayed partners, the Vanua‘aku Pati (vp)–led and deceived by Kilman’s final words government under Prime Minister to Natapei on his departure that Edward Natapei was ousted in a vote December morning. Political betrayal of no confidence and replaced by his is not uncommon in Vanuatu politics, deputy, Alliance Group leader Sato but the fact that this had occurred Kilman on the afternoon of 2 Decem- on such a personal level created an ber 2010, shortly after Natapei left the obvious desire for revenge that would country, having received assurances lead to an unprecedented period of from Kilman that the pending no- political instability in the months that confidence motion was under control. followed. That afternoon, however, once Parlia- Rumors began to surface in Janu- ment had convened, the Speaker took ary that moves were afoot to table the unusual step of banning all media a motion of no confidence against and the public from the chamber. At the new Kilman government, but the that point, Kilman and his Alliance Opposition did not have the numbers Group crossed the floor to join the to act, and the Union of Moderate Opposition. The vote of no confidence Parties (ump) dismissed the rumor that was carried with 30 votes in favor, 15 it would be leaving the government against, and 7 abstentions. (vdp, 15 Jan 2011). However, the On first impression, Kilman decision by the Council of Ministers political reviews • melanesia 415 to postpone the first sitting of Parlia- prime minister, and Natapei got assur- ment, which was to take place on 21 ances from the president, Iolu Abbil, January, indicated growing concern that he would not dissolve Parliament that certain backbenchers could be unless the situation became seri- looking for new opportunities and ous (vdp, 15 Feb 2011). The prime might be susceptible to offers from the minister’s public relations officer, Opposition (vdp, 20 Jan 2011). Richard Kaltongga, protested that This was indeed the case. On 12 the visit by the leader of the Opposi- February, the two ump ministers in the tion to the president was inappropri- government, Serge Vohor and Charlot ate at this time, as the Constitution Salwai, resigned to join the Opposi- of the Republic of Vanuatu states tion, taking their members with them clearly, “The President of the Repub- and complaining that the sharing of lic may, on the advice of the Council the thirteen ministerial portfolios per- of Ministers, dissolve Parliament” mitted under the Vanuatu Constitution (article 28[3])—not on the advice of had not been done fairly. The ump, the Leader of the Opposition (vdp, 17 with eight members of Parliament, the Feb 2011). In the meantime, Kilman single biggest party in government, sought to salvage the situation by had been given only two ministries. quickly filling the two vacant ministe- The Alliance, the largest bloc (made rial positions: one went to a vrp mem- up of Kilman’s People’s Progressive ber, Marcellino Pipite, who was not Party [ppp] with three members of prepared to follow Korman into the Parliament and various other small Opposition, thereby revealing a split parties and independents) had ten in the vrp that had been brewing for members in total and five portfolios. some time (vdp, 19 Feb 2011). With Ham Lini’s National United Party the return of several other supporters (nup), with only three members of to the government camp, Kilman was Parliament, had two ministries—the able to secure the requisite numbers, same number as the ump—and the and the Opposition withdrew the Vanuatu Republican Party (vrp) motion of no confidence (vdp, 22 Feb had one ministry plus the position of 2011). Speaker. The Harry Iauko faction of Kilman’s struggle to maintain his the vp, with only three members of majority in Parliament was made even Parliament, had two ministries, and a more difficult by an incident involv- group of independents had one (vdp, ing Harry Iauko, minister of public 12 Feb 2011). Kilman responded by works and leader of the vp break- hinting that he might seek a dissolu- away faction. On 4 March, Iauko tion of Parliament rather than allow a led a group of men to the office of new round of political instability (vdp, the Vanuatu Daily Post, assaulted 14 Feb 2011). the publisher, Marc Neil-Jones, and In anticipation of a successful chal- threatened the editor and other staff lenge, Serge Vohor (ump), Edward over articles published in the news- Natapei (vp), and Maxime Carlot paper. The articles were critical of Korman (vrp) signed an agreement Iauko’s handling of land issues while that would see Vohor take over as he was minister of lands and of his 416 the contemporary pacific • 24:2 (2012) suspending the board of Air Vanuatu 2011). This was a shocking response, while he was minister of public works to say the least. and infrastructure. The Daily Post Criticism of the government’s had also published critical articles failure to deal with Iauko continued by Transparency Vanuatu as well as to appear in the paper until late June anti-Iauko letters to the editor (vdp, when the case was brought before a 5 March 2011). Indeed, on the day senior magistrate. Iauko and his sup- of the assault, Transparency Vanuatu porters were found guilty of assault specifically mentioned Iauko’s alleged and received fines ranging between “corrupt land dealings” and a recom- 15,000 and 85,000 vatu—roughly mendation by the Ombudsman that us$175 to $900. Iauko was fined the “Public ­Prosecutor investigate 5,000 vatu (us$60) for aiding and criminal proceedings” against him abetting damage to property and (vdp, 4 March 2011). 10,000 vatu (us$110) for aiding and Response to the assault was imme- abetting intentional assault. Neil- diate. Neil-Jones vowed to pursue Jones expressed his disappointment at the assault case in court, stating that the result, noting that the fines were “Iauko should be sacked” and that small given the gravity of the offenses the case was an obvious “criminal and that he would likely appeal the offense” and a “serious breach of sentences (vdp, 30 June 2011). Neil- the leadership code” (vdp, 7 March Jones’s disgust with the outcome of 2011). In a letter to the prime minister, the case is understandable, as he had printed in the Daily Post¸ the chair- also suffered an assault in 2009 by man of the Pasifika Media Association members of the Correctional Services (pma), Savea Sano Malifa, expressed over articles published in the Daily how “deeply disturbed and saddened” Post that revealed their alleged poor the pma was about the “unjustified performance. To this day, the courts acts of violence” perpetrated by a have not dealt with that case (Van minister of the Vanuatu government Trease 2009, 474). and others against the Daily Post pub- Attacks on the media are an ongo- lisher and urged him to allow “justice ing issue in Vanuatu, and the decision to prevail” (vdp, 9 March 2011). The by Prime Minister Kilman not to disci- response from the prime minister’s pline a minister involved in an alleged office was that the government was criminal act—not uncommon in the aware of concerns about the assault country’s political history—dem- from media organizations in the onstrates the damage done by years region, but it was up to the publisher of political instability and coalition to take the case to court. The prime governments. When it came to taking minister’s public relations officer also a clear stand in support of media free- cautioned that “the public have their dom by disciplining a member of his right and freedom to write or say coalition, the prime minister could at what they want but they also must be least have suspended him pending an prepared to answer their critics or face investigation and court action, but he any consequences that may arise from chose not to risk his majority. While those they upset” (vdp, 11 March this move secured political power in political reviews • melanesia 417 the short term, it has the clear poten- Maxime Carlot Korman, declared in tial of undermining one of the key pil- order a motion of no confidence in lars of Vanuatu’s democracy. Prime Minister Sato Kilman signed In the midst of the controversy by twenty-seven members of Parlia- over the attack on Neil-Jones, the ment. The parties behind the motion prime minister moved to shore up included the vp, ump, National his majority by replacing the Labor Community Association, Peoples Party in his coalition with the vrp. Action Party, and Labor Party, but it Kilman removed Labor Party Minister appeared that some government sup- for Justice and Community Services porters might have crossed the floor Ioan Simon (from Epi); moved Ralph as well (vdp, 15 April 2011). Indeed, Regenvanu, president of the Graon mo the vrp was in disarray, with several Jastis Party (gmj) from the Ministry members of Parliament moving to the of Lands to the Ministry of Justice; Opposition side, including Minister of and installed the vrp member from Lands Carlot, who resigned from the Efate, Alfred Carlot (nephew of the Kilman coalition to sign the motion party’s president, Maxime Carlot and then rejoined the government on Korman) in Regenvanu’s place at the the following day. The rumor going lands ministry. The reason given for around was that he had been sum- dropping Labor from the coalition— moned by his uncle, the Speaker, to there were two additional members of sign the motion but then rebelled and Parliament associated with Simon— subsequently withdrew his signature. was that they had signed the recent Indeed, Carlot filed a case in the failed motion of no confidence. The Supreme Court on Saturday, 23 April Daily Post reported, however, that 2011, claiming that he did not sign the three sacked members of Parlia- the motion as stated by Natapei. The ment, including the party president, Supreme Court, however, decided that Joshua Kalsakau, were dissatisfied the motion of no confidence in Prime with an attempt by Regenvanu as Minister Kilman was in order (vdp, minister of lands to put in place vari- 25­ April 2011). ous land reforms. On 18 February, With the tussle for numbers inten- he had imposed a temporary hold sifying, the Opposition gathered its on the ­registration of all land deal- members at a local tourist resort in ings to allow for the introduction of Port Vila to reduce the chance of their new administrative procedures. Three being enticed into joining the govern- weeks later he was reshuffled out of ment side. The reason given by the the Ministry of Lands, at which point Opposition for depositing the motion the temporary hold he had instituted was that Kilman should not hold the was lifted. (vdp, 12 March 2011). office of prime minister because he A few days later, Kalsakau had stabbed his predecessor Natapei announced that he had placed his in the back when he was out of the signature on an Opposition-sponsored country, resulting in the successful motion of no confidence (vdp, 16 vote of no confidence on 2 December March 2011), and on the afternoon of 2010 (vdp, 16 April 2011). 14 April, the Speaker of Parliament, Significantly, there was no men- 418 the contemporary pacific • 24:2 (2012) tion from the Opposition of Kilman’s Parliament will reconvene three days recent controversial decision to side later, at which time a simple major- with Fiji’s strongman, Frank Baini- ity of members would then constitute marama, in support of Indonesian a quorum. The Speaker, therefore, observer status in the Melanesian scheduled the next meeting for 24 Spearhead Group (msg). It was April, which was Easter Sunday. By reported in the Daily Post that the that time, it was confirmed that the granting of observer status to Indone- vrp had split, with four members sia and Timor-Leste had been agreed remaining on the government side and to in an “out of session meeting” by two others—mps Dominique Morin foreign affairs officials from msg and Jossie Masmas— siding with the countries two weeks earlier in Nadi, Opposition. In addition, the Opposi- following the msg meeting in Fiji on tion at the time was comprised of 10 30 March. Kilman’s decision received ump members, 9 vp, 3 Labor, 1 Peo- significant criticism from the Vanuatu ple’s Alliance Party, and 2 National public and politicians on both sides, Community Association (vdp, 23 who saw it as undermining the West April 2011). Speaker Korman was also Papua position. The Daily Post asked a member of the vrp and, as evi- why Prime Minister Kilman had not denced by his effort to get his nephew told his government colleagues earlier to sign the motion of no confidence, about the decision before the Coun- also supported the Opposition. cil of Ministers voted to purposely When Parliament convened on instruct him to vote against any msg Easter Sunday, all 52 members of decision to invite Indonesia to join Parliament were present including (vdp, 1 April 2011). The fact that the Speaker. The vote in favor of the this was not given as a reason for the motion of no confidence was 26 in motion of no confidence is evidence favor and 25 against, with the Speaker of the dominance of the struggle for declaring that Kilman had been power over issues in Vanuatu politics. deposed. (Note that the Speaker did Kilman expressed his concern about not vote.) Parliament then broke and the continued political instability returned some time later to elect a new and claimed again that he might seek prime minister. Kilman and his cabinet a dissolution of Parliament and an and government backbenchers, how- early election if the situation contin- ever, boycotted the second session, and ued. When Parliament convened on Speaker Korman and the remaining Thursday, 21 April, the government 26 members of Parliament proceeded members of Parliament were not to elect Serge Vohor (ump) as the new present—an indication that they did prime minister. The vote was 27 in not have the necessary twenty-seven favor, including the Speaker, and none votes to block passage of the motion. against (vdp, 25 April 2011). According to the Vanuatu Constitu- On Monday, former Prime Min- tion (paragraph 21[4]), a quorum of ister Kilman announced that he did two-thirds of the members of Parlia- not accept that he had been defeated ment is required at the first sitting in in the vote of no confidence because any session, and, lacking a quorum, the motion had only been supported political reviews • melanesia 419 by 26 members of Parliament, a to the two different voting regimes simple majority, instead of an absolute spelled out in the constitution, which majority of 27 in the 52-seat Parlia- include both “simple” and “absolute” ment. Kilman claimed that according majorities. The court also clarified the to the constitution (article 43 [2]), if position of the Speaker in its ruling, a motion of no confidence is “sup- rejecting what had become the tradi- ported by an absolute majority of the tional practice in Vanuatu’s Parliament ­members of Parliament, the Prime that, in order to maintain his neutral- Minister and other Ministers shall ity, the Speaker hardly ever votes. The cease to hold office.” As it turned judgment noted that, “We cannot find out, the Speaker’s decision not to vote anything in the Constitution, Stand- meant that the Natapei motion against ing Order No. 10 or elsewhere that Kilman only had the support of 26 prevents the Speaker from voting members of Parliament—a simple on any motion or general resolution majority. It was this fact that had before Parliament.” In other words, led the Kilman group to boycott the the Speaker counts as one of the 52 second session of Parliament when a members of Parliament, so 27 votes, new prime ­minister was to be selected. an “absolute” majority, are required As a result, the Kilman group lodged to remove a prime minister (Court of a constitutional case in the Supreme Appeal 2011a; vdp, 14 May 2011). Court to seek clarification from the Serge Vohor’s response to the court as to the definition of “absolute Court of Appeal’s declaration that his majority” in the ousting of a prime election as prime minister was invalid minister as provided under the con- reflects a positive aspect of politics stitution (vdp, 26 April 2011). Chief in Vanuatu—the usual unequivocal Justice Vincent Lunabek declared the acceptance by most political leaders 24 April 2011 motion of no confi- of judgments handed down through dence against Kilman to be “valid” the court system. On his return to and “legally effective” (Supreme Court Port Vila (he had been overseas on 2011a; vdp, 2 May 2011). official business when the decision Kilman appealed the decision, and had been received), Vohor accepted nineteen days later, on 13 May 2011, that an error in procedure had been the Court of Appeal overturned the made and declared, “Vanuatu must be judgment of the chief justice, ­ruling appreciative that our judicial system is that the vote of no confidence against alive and well” (vdp, 17 May 2011). Kilman on 24 April 2011 was invalid, Indeed, when Kilman indicated in as 26 votes did not constitute an late April that he would be challeng- absolute majority of the members ing the vote of no confidence that of Parliament. Likewise, the ruling had unseated him, Prime Minister declared, “The Kilman government is Vohor announced then, perhaps in to be considered as if it remained in anticipation of a negative outcome, office [including all ministers] and the that his government was considering Vohor government as if it never came the possibility of asking the court to to office.” The judgment explained its rule on whether or not Kilman had, in decision by making specific reference fact, been elected in December 2010 420 the contemporary pacific • 24:2 (2012) according to the requirements of the bers of Parliament to retain power. constitution. He noted that then- Nevertheless, Prime Minister Kilman Speaker George Wells had blocked the indicated his desire for an early vote media from live coverage of the vote in order to end the political instability. of no confidence against Natapei, in He noted that when the Opposition violation of the constitution (article had lodged the motion of no confi- 24), which requires that proceed- dence the previous month, he had ings of Parliament be held in public. requested a dissolution of Parliament, Likewise, he claimed that Kilman’s which the president had declined to do actual election as prime minister also (vdp, 18 May 2011). violated the constitution (article 41), On the morning of 20 May, amid since it had been conducted by show continued controversy and confusion, of hands instead, as required, “by Parliament met again to deal with the secret ballot.” The public was not issue of its leadership. Following the aware of what had happened, due to Court of Appeal decision (2011a), the the absence of the media, until those Speaker convened Parliament to ascer- present subsequently related the chain tain whether the prime minister had of events (vdp, 29 April 2011). the numbers to govern. A motion of Following the Court of Appeal no confidence had, in fact, been tabled decision (2011a), there was some by the Opposition. Kilman produced confusion as to how to proceed. As 27 members of Parliament at the start part of the ruling, the court stated of the session, but that number was that Parliament should meet as soon reduced to 26 when Speaker Korman as possible, and Kilman disclosed evicted Port Vila mp Ralph Regenvanu that he had written to the Speaker to over “degrading” comments leveled convene Parliament on 23 May 2011 against him, allegedly circulated by but had not received a reply. Speaker Regenvanu on the Internet. Regen- Korman subsequently sent out a vanu insisted on his right to reply in notice calling for Parliament to meet Parliament, which Korman allowed on 20 May 2011 to review the ruling him to do. He vehemently denied the of the Court of Appeal and deter- accusation before being escorted out mine whether the government had a of the chamber (vdp, 21 May 2011). majority. To the surprise of many, the As a result of his eviction that day, Speaker ­circulated another Opposi- Kilman’s numbers were reduced to 26 tion motion of no confidence in Prime (vdp, 25 May 2011). Realizing that he Minister Kilman, which allegedly had no longer had an absolute majority of been signed on 13 May 2011 after 27, Kilman and the remaining gov- the Court of Appeal handed down ernment members of Parliament left its ruling. Meanwhile, the position Parliament before the vote of no con- of the Kilman government began to fidence could take place. The Speaker strengthen with the movement of wanted to proceed with the business several members of Parliament to its at hand, but the Opposition asked side and the reallocation of portfolios. for a break, during which a meeting By 18 May, the government looked to took place between the Speaker, Prime have secured the necessary 27 mem- Minister Kilman, and Opposition political reviews • melanesia 421

Leader Natapei. It was agreed that ter” and that the election of a substan- Parliament would continue, allowing tive prime minister should take place the return of the Kilman government as soon as possible (Supreme Court with a 26 to 25 majority. The Speaker 2011b). What concerned Lunabek then ruled that Kilman did, indeed, was that it had taken six months for have the numbers to govern, presum- the case to go before the courts, and ably because this was not an election he blamed Speaker Korman for not of a new prime minister, which would having properly conducted the election have required an absolute majority of of Kilman as prime minister (vdp, 17 27 (Independent, 21–27 May 2011). June 2011). The Kilman government therefore Natapei made his position clear, continued in office, but Natapei imme- assuring the people of Vanuatu that diately lodged a constitutional case he would facilitate the election of a related to Prime Minister Kilman’s new prime minister as soon as possible original election as prime minister on and that he would withdraw a tabled 2 December 2010. Natapei’s lawyers motion of no confidence against argued that the election was unconsti- Kilman. He also announced that Serge tutional due to the Speaker’s failure to Vohor (ump) would be his coalition’s follow procedures in Kilman’s election candidate for prime minister, reflect- after he had deposed him (vdp, 25 ing a renewed alliance between the May 2011). Leader of the Opposition vp and the ump (vdp, 17 June 2011). Natapei was listed as the first appli- However, the political crisis was not cant in the case, and nineteen Oppo- yet over. Natapei was still facing the sition members of Parliament as the problem of numbers, since Kilman second applicants. Speaker Korman had had a majority before he was was designated first respondent, Prime removed as prime minister by the 16 Minister Kilman as the second respon- June court ruling. Kilman realized that dent, and the Republic of Vanuatu as it was to his advantage for the election the third respondent (vdp, 15 June of the new prime minister to proceed 2011). quickly in order to keep his numbers Chief Justice Lunabek was sched- intact. Now acting as the leader of the uled to deliver his judgment on 15 Opposition, Kilman lodged an urgent June 2011 but postponed it until the application in the Supreme Court next day—to be revealed just prior to requesting Parliament to meet as soon the opening of the year’s first ordinary as possible. The court quashed the session of Parliament. The fact that application on procedural grounds the opening had been delayed for four and because there was no evidence months demonstrates how disruptive of any breach of the Supreme Court the political wrangling had been to the Orders dated 16 June 2011 (Supreme process of governing Vanuatu (vdp, 16 Court 2011b; vdp, 18 June 2011). June 2011). Expressing his “pain” in The new, Kilman-led Opposition making the decision, Lunabek ruled in then lodged another urgent applica- favor of the Opposition—that is, that tion in the Supreme Court to prevent the vp president, Edward Natapei, Natapei from replacing the Kilman- was to become “acting prime minis- appointed state ministers, the argu- 422 the contemporary pacific • 24:2 (2012) ment being that the appointment of several members out of Parliament, the ministers had not been at issue Natapei accused four ministers in the or ruled on by the Court. Indeed, former Kilman government (Kilman, it was argued that, based on the 13 Carcasses, Iauko, and Regenvanu) of May 2011 Court of Appeal judg- having lied before the Supreme Court ment (2011a), which had seen Vohor in the recent court case relating to removed and Kilman returned as the 2 December 2010 vote that had prime minister, “all ministers holding unseated him. He applied to the police office on 24 April 2011 as part of the to have the matter investigated—to Kilman government remain in office” find out if the four ministers had (vdp, 21 June 2011). Chief Justice falsified their statements when asked Lunabek, however, ruled against whether the vote had occurred by the Opposition, arguing that their secret ballot or show of hands (vdp, appointments could not be considered 20 June, 24 June 2011). Natapei valid because “they were appointed pressed the police to take action, even by a prime minister who was uncon- though the constitution stipulates that stitutionally elected.” Moreover, he “no member may, during a session of confirmed that Natapei’s ministers Parliament or of one of its commit- who did not resign before the motion tees, be arrested or prosecuted for any of no confidence on 2 December 2010 offence, except with the authorization should “continue to exercise their of Parliament in exceptional circum- functions until a new prime minister is stances” (article 27[2]), so the move elected” (Supreme Court 2011c; vdp, would not seem to have benefited 23 June 2011). Natapei in the current situation. He On the morning of 23 June, also ordered the ministers who had Speaker Korman convened Parlia- served under Kilman and their politi- ment with the intention of electing cal staff to immediately “refund to the a substantive prime minister. It had Government treasury . . . the illegal now been 204 days (since 2 December salaries that they were paid from 2 2010) that Vanuatu had been without December 2010 to 16 June 2011” a legitimate government. Korman real- (vdp, 25 June 2012). ized, however, that Kilman, as current Regenvanu issued a statement clari- Opposition leader, had 27 members of fying how the confusion in his earlier Parliament—an absolute majority— statement referring to the 2 December and therefore the government side 2010 vote occurred. He noted that, decided to boycott the sitting (vdp, in addition to the fact that he was 24 June 2011). being asked to account for something In the meantime, Natapei began to that had occurred six months earlier, try other tactics to deal with his weak there had been two votes taken at the position. He alleged, for example, that time—one to remove Natapei as prime bribery had been used to persuade minister and another to elect Korman certain of his supporters to switch as Speaker. Given that the media had sides—not an unusual accusation been prevented from broadcasting the during coalition formation in Vanu- session, Regenvanu stated that he real- atu. Also, hoping perhaps to force ized that there was reasonable doubt political reviews • melanesia 423 that he was voting to elect the prime defect or irregularity in the due man- minister, and that the vote might also ner of the appointment of that person have been either to support the motion such that the appointment was not a against Natapei or to elect Korman valid one.” In other words, despite the as Speaker (vdp, 21 June 2011). The irregularity in voting (show of hands police investigation of the case has instead of secret ballot), Kilman right- proved inconclusive to date. fully held the office of prime minister, On Friday morning, 24 June, the making the subsequent appeals irrel- fourth extraordinary session of Parlia- evant (Court of Appeal 2011b; vdp, ment convened to elect the new prime 28 July 2011). It is remarkable that minister. Kilman comfortably secured this final judgment was reached with- the position with 29 votes to 23 for out incident, given the political chaos Natapei. Most of the ministers who of the previous eight months, and it had served in his government prior demonstrates the underlying strength to the court decision that declared his of Vanuatu’s legal system. election in December 2010 unconstitu- Having had his position as prime tional returned to their same positions minister confirmed by the court, (vdp, 27 June 2011). Kilman turned to the issue of the The final legal action related to position of the Speaker. Rumor had it the ill-fated 2 December 2010 vote of that the Kilman coalition was plan- no confidence, which settled with- ning to replace Korman (vrp), the out doubt the legitimacy of Kilman’s longest-serving member (having been tenure as prime minister, was revealed elected in 1979) and Vanuatu’s first in a judgment of the Court of Appeal Speaker of Parliament (vdp, 5 Aug handed down in late July. It noted that 2011). A showdown was expected in the appeal by the then-Opposition during the Parliament’s fifth extraor- to Kilman’s election as prime minister, dinary session, which was scheduled the chief justice unfortunately referred to meet on 8 August to deal with to the first respondent (Natapei) as several government motions, includ- “Acting Prime Minister at a time ing one to remove the Speaker. Despite when he had ceased to hold office and its large majority, the government [Prime Minister] Sato Kilman was boycotted the first meeting because fulfilling that role on a de facto basis.” it was rumored that Speaker Kor- The judgment noted that the chief jus- man had added his own motion to tice’s ruling failed to take into account discipline certain members of Parlia- the principle of “de facto office,” ment, which he had scheduled to be which would “retrospectively validate debated prior to the motion to remove the acts and decisions of Prime Minis- him. Kilman’s group was uncertain ter Kilman and his council of ministers about what Korman was planning, between December 2, 2010 and June especially as he would also be taking 16, 2011.” This rule of the ­common on the position of acting head of state law recognizes the powers and func- with the departure of the president tions of public office of a person for medical treatment overseas (vdp, who has exercised them in the public 6 Aug 2011). interest, even when “there has been a Using Parliamentary Standing 424 the contemporary pacific • 24:2 (2012)

Orders as a tool, the Speaker was politician, Korman would not give up indeed able to avoid dealing with his position without a fight. On 30 the motion to replace him by simply August, he again used Standing Orders closing the session. The government, to dismiss three different motions to in response, requested another par- remove him, which had been submit- liamentary session to deal with their ted by different members of the gov- motion to remove the Speaker as well ernment, claiming that they were out as with other bills (vdp, 16 Aug 2011). of order, and demanded that all three When the sixth extraordinary session be withdrawn and a new consolidated convened, the Speaker ruled that the motion be tabled (vdp, 31 Aug 2011). government bills, including the motion Kilman successfully appealed to the to remove him, were not in order. He Supreme Court regarding the Speak- made the point that the parliamentary er’s rulings. Chief Justice Lunabek budget only allowed for two extraor- ruled that two of the motions were not dinary sessions—a veiled threat that in order but that Parliament should further sessions would be difficult meet forthwith and debate the one to finance—and again proceeded to lodged by Moana Carcasses Kalosil close the session (vdp, 20 Aug, 22 Aug and George Andre Wells, dated 25 2011). Kilman filed an urgent consti- August 2011 (Supreme Court 2011e). tutional application challenging the When Parliament finally met on Speaker’s decision. The chief justice the evening that the chief justice ruled in Kilman’s favor, noting that gave his ruling, Speaker Korman was the closing of the sixth extraordinary removed from office with 27 votes in session while there was still business favor and 14 against. As expected, to be conducted was an infringe- he was replaced with mp Danstan ment of the constitution, and ordered Hilton (ppp), who represented the that Parliament resume immediately Banks and Torres islands in the north (Supreme Court 2011d; vdp, 22 Aug, of the group (vdp, 7 Sept 2011). Two 25 Aug 2011). days later, the government passed a Convening Parliament on 26 motion in Parliament that had the August, the Speaker found his offi- effect of punishing Korman for hav- cial chair and those of all members ing allegedly made illegal decisions of Parliament covered with oil. He in Parliament that were overruled told members that he feared it was by the Supreme Court. Korman was the work of nakaemas (witchcraft), suspended from Parliament and not but later discovered that one of the permitted to hold any parliamentary members of Parliament had brought posts for the remainder of the term of a group from his church to Parlia- the ninth legislature—the next election ment to pray and sprinkle holy oil in is expected in late 2012. In addition, the parliamentary chamber to ward he was ordered to pay all the legal off evil (vdp, 29 Aug 2011). Parlia- costs incurred by the State in five con- ment went ahead, but the Kilman stitutional cases. The money was to be government was finding their effort deducted by the Ministry of Finance to remove the Speaker far more dif- from his salary and other financial ficult than they had expected. A crafty entitlements until the total amount political reviews • melanesia 425 had been recouped. It was estimated This made the vrp the largest politi- that the total legal costs amounted to cal party in the government coali- around 60 million vatu (more than tion, since the Alliance was a group us$600,000). The Opposition claimed of smaller parties and independents in Parliament that this move by the (vdp, 17 Dec 2011). Did he think government was not correct and the ­government would embrace the walked out in protest (vdp, 10 Sept ­prodigal son? Only time and circum- 2011). stances will tell. Korman appealed the motion and Not surprisingly, the political received partial satisfaction. The chief haggling did not go down well with justice ruled that Parliament was the public. Vanuatu had not had a within its rights to suspend ­Korman real government for months, and the for the remainder of the ninth legisla- newspapers were full of articles and ture, but he disallowed the deduction letters condemning the actions of the of legal costs and ordered that Kor- politicians and urging them to rec- man’s salary and other entitlements— oncile their differences for the good except for sitting allowances—be of the country. In addition, calls for reinstated (Supreme Court 2011f). In constitutional reform to deal with the a second judgment, the chief justice political instability grew louder with made clear that Korman’s election the revival of an idea for replacing as a member of Parliament had not Vanuatu’s Westminster Parliament been canceled; rather, he had only with a presidential system (vdp, 24 been suspended from attending June, 25 June, 30 June 2011). The Parliament (Supreme Court 2011g). previous president, Kalkot Matas- In other words, Korman continued Kelekele, had raised the issue on a as an elected member of Parliament number of occasions during his term, representing Port Vila, but he was but there had been little support at the not allowed to attend parliamentary time (Van Trease 2009, 6). sittings. In early June, before the short What followed next was classic period during which Kilman was Vanuatu politics. On 13 December, replaced by Natapei, new controver- during the closing session of the sies developed—this time over for- long-delayed second ordinary session eign affairs, but with a local political of Parliament, Deputy Leader of the perspective. The Daily Post reprinted Opposition Natapei took the floor a short New York Times article in and appealed to the government to which officials from the Black Sea “forgive and review the measures dealt region of Abkhazia, which considers on mp Korman.” By this time, most itself to be independent but is claimed of what was left of Korman’s party, by Georgia, announced that it had the vrp, had deserted the Opposition been recognized by Vanuatu (vdp, 3 and returned to the government side. June 2011). Only four other countries Following his suspension, Korman had recognized the Abkhazia claim— himself also officially left the Oppo- Russia, Nicaragua, Venezuela, and sition, though he could not join his Nauru—and thus the announcement fellow party members in Parliament. of Vanuatu’s new position seemed 426 the contemporary pacific • 24:2 (2012) rather peculiar. Three days later, it was negotiated, it would be in the future reported that Vanuatu’s ambassador (vdp, 15 July 2011). at the United Nations in New York, In the meantime, it was first learned Donald Kalpokas, said that he had in Vanuatu through a Radio New been in touch with Foreign Affairs in Zealand report that the minister of Vanuatu where officials had “emphati- foreign affairs had decided to recall cally” denied that this was true (vdp, Kalpokas as Vanuatu’s ambassador 6 June 2012). It was subsequently to the United Nations due to his age reported that negotiations between and alleged poor performance. The Vanuatu and Abkhazia had been ambassador reported that he had going on quietly and had been final- received nothing from the Ministry of ized without informing Ambassador Foreign Affairs notifying him of his Kalpokas. Foreign Affairs Minister recall or appraising his performance Carlot apologized for the confusion (vdp, 9 July 2012). It would seem and reported that one of Vanuatu’s that this move was linked to the rift roving ambassadors would be visiting that had developed over the Abkha- Abkhazia soon, and it was expected zia affair and perhaps from the fact that trade links would be established that the ambassador and the foreign (vdp, 10 June 2011). affairs minister came from opposing In a letter to the editor of the Daily political camps. In addition, it was Post in the same issue, former Vanu- suggested that there may have been a atu Secretary for Foreign Affairs and bit of “petty revenge” at play—Carlot Roving Ambassador Nikenike Vuro- had been a previous UN ambassador baravu (vp) questioned the decision. and was recalled during the time when He pointed out that the breakaway Kalpokas headed the vp-led govern- territory had little foreign recognition ment (vdp, 29 July 2011). A number and that Vanuatu was therefore in of letters to the editor appeared over danger of losing its credibility interna- the next few days, all criticizing the tionally (vdp, 10 June 2011). Minister decision to remove Kalpokas and Carlot’s announcement the following condemning the way in which it had day, confirming Vanuatu’s recognition been handled (vdp, 13, 16, 18, 19 of Abkhazia, was received in New July 2011). Kalpokas had been one of York by Ambassador Kalpokas with Vanuatu’s leaders during the struggle less than enthusiasm. At the same for independence and a former vp time, the Opposition urged Kilman to prime minister. In any case, he was not withdraw recognition (vdp, 11 June in fact recalled and remains in office in 2011). A week later—Kilman having New York to this day. been replaced temporarily by Nata- While the Abkhazia affair seemed pei—it was announced that Vanuatu to lack any real seriousness, the had now withdrawn recognition of announcement by the minister of Abkhazia (vdp, 18 June 2011). How- foreign affairs that Vanuatu intended ever, several weeks later, with Kilman to establish ties with Taiwan came back in power, it was reported that the as a shock to many. Minister Carlot prime minister had made it clear that explained that he planned to travel to while full recognition had not yet been Taiwan to negotiate the establishment political reviews • melanesia 427 of a Vanuatu trade mission in Taipei nese ambassador expected the Govern- with the possibility in the long term ment of Vanuatu to remain loyal to of establishing “full diplomatic rela- the One China Policy and that China tions” (vdp, 16 July 2011). Vanuatu would oppose any minister going to had established diplomatic relations Taiwan (vdp, 19 July 2011). with the People’s Republic of China The next day, Prime Minister in 1982, just after independence, and Kilman announced that Vanuatu had remained a staunch supporter of would maintain its One China Policy the One China Policy over the years, (vdp, 20 July 2011), and the follow- despite many changes of government. ing day, the Chinese ambassador The single deviation from this position announced that the Government of occurred in November 2004, when the China would pay part of the request ump prime minister at the time, Serge but could not contribute the full three Vohor, made an unannounced visit to billion vatu due to China’s current Taiwan, where he secretly negotiated financial situation (vdp, 21 July 2011). to shift Vanuatu’s recognition from An appeal by Deputy Prime Minis- the People’s Republic of China to the ter Ham Lini (nup) for the Vanuatu Republic of China. He did this with- government to stick to its One China out consulting any of his ministers, Policy (vdp, 22 July 2011) revealed and politicians in both the Opposition the broad opposition to the move. In and his own coalition were outraged. addition, it demonstrated an ongoing As a result he was ousted in a vote of weakness in Vanuatu’s system of gov- no confidence in December (vdp, 4 ernment policy formation, whereby Dec, 5 Dec 2004). Minister Carlot’s individual ministers are able to push announcement, therefore, appeared to their own agendas without full cabinet mark a significant shift in Vanuatu’s discussion or agreement. foreign policy. It was rumored that Kilman was The motivation for this abrupt not happy with Minister Carlot’s change of policy can only be explained “China policy,” and at the same time in one way—monetary blackmail. there was disagreement over Inter- Three days after the announcement, nal Affairs Minister George Wells’s Carlot issued a demand to the Chinese suspension of the Port Vila Munici- government for budgetary assistance pality (discussed below). Rather than amounting to three billion vatu—over deal with the matters internally, which us$30 million (vdp, 19 July 2011). It would logically contribute to the was no secret that the government’s continued stability of the coalition, it financial situation had deteriorated was reported that Kilman had begun significantly compared to recent years, to negotiate with vp leaders about the with reports that the shortfall in the possibility of their joining the govern- budget for 2011 was expected to be ment (vdp, 9 Aug 2011). The change two billion vatu—over us$20 mil- did not happen, but the potential for lion (vdp, 28 June 2011). Sharing the further instability continued. front page of the Daily Post with the Indeed, it may not be mere coinci- announcement of the change of policy dence that Minister Carlot decided to was an article reporting that the Chi- deviate significantly from the estab- 428 the contemporary pacific • 24:2 (2012) lished policy of successive Vanuatu the need for further consultation to governments with regard to China and achieve better conditions (vdp, 3 Dec to play a game on the international 2011) scene by recognizing Abkhazia. In The government faced a coalition of both cases, he received quite signifi- voices in opposition, including all the cant media coverage just when he had major bodies representing civil society: decided to promote his own personal most nongovernmental organizations, political agenda by announcing that the Malvatumauri (National Council he was reviving, and making his own, of Chiefs), Chamber of Commerce, an old political party that had been Vanuatu Christian Council, and around at the time of independence Vanuatu National Workers Union. in the 1970s and 1980s—the Natatok Those against saw joining the wto “as Party. On 25 July 2011, he organized a surrender to powerful global inter- a celebration in his village of Erakor, ests . . . [while supporters saw it] as a located close to Port Vila, where he mature policy of engagement” (Pacific launched the party by unveiling a Institute of Public Policy 2011). The constitution and a flag (vdp, 19 July, bill for the Protocol of Ratification 27 July 2011). It is clear that this was on Vanuatu’s accession to the wto part of a process that had begun in was carried by 25 votes in favor from April when he split with the Vanuatu the government, with one absten- Republican Party and with his uncle, tion and 20 votes against. Included Speaker Korman, and allied himself among those who voted against was with Kilman. Minister of Justice Ralph Regenvanu. One of the most hotly debated He explained his unprecedented vote issues in 2011 concerned the Kilman against his own government as indi- government’s decision to pursue cating not a lack of confidence in the membership for Vanuatu in the World prime minister but his concern that Trade Organization (wto). The Vanu- better conditions needed to be negoti- atu government had first applied for ated (vdp, 2 Dec 2011). Victory for membership in July 1995. An acces- the government, however, was not yet sion package was finalized in 2001, complete; as the New Year arrived, the but the government sought more time president had yet to affix his signature to consider the terms and conditions. to the bill. Work began again in 2008 but with Early in 2011, Kilman committed no final agreement. In April 2011, his government to tackling corruption another working group was convened, (vdp, 1 Feb 2011), and several cases which included Deputy Prime Min- of fraud and mismanagement were ister (nup) and Minister for Trade, investigated. However, as noted in this Industry and Tourism Ham Lini (vdp, review, political conditions made deal- 1 April 2011). Final agreement on ing with alleged corrupt politicians an accession package sparked signifi- very difficult. Due to political wran- cant debate in Parliament and in the gling delays in the opening of both community at large over a number of regular sessions of Parliament meant issues: land, protection for local indus- that legislation was delayed, in need try, the possibility for withdrawal, and of further consideration, or not dealt political reviews • melanesia 429 with at all, and the country’s grow- loss of land by some Ni-Vanuatu due ing culture of corruption continued to corrupt dealings. The Ligo report unabated. created a significant stir within the Allegations were made that the community, with articles touching Citizenship Commission was prone to on various issues appearing over the bribery, as evidenced by the awarding next several days in the newspaper of citizenship to two Asian business- (vdp, 20 Jan, 21 Jan, 23 Jan 2011). men who had not lived in Vanuatu The response from some in the Lands the required ten years but had made Department was that the report was financial contributions to the refur- unbalanced, but Ligo backed up his bishment of Parliament (vdp, 8 July, allegations of massive corruption by 9 July 2011). Likewise, an amendment detailing a number of cases. More- to the Public Service Act changed the over, throughout the year, the media procedure and removed control of the published a continuous stream of appointment and dismissal of direc- reports of shady deals. The report, tor generals, as guaranteed under the however, did not lead to any changes constitution, from the Public Service to regulations, except for an attempt Commission (psc). Leader of the by Ralph Regenvanu, during his short Opposition, Serge Vohor, expressed time as minister of lands, to put a his concern, and vp Secretary-General hold on land dealings to allow for Sela Molisa labeled the Bill “uncon- the introduction of new administra- stitutional.” The amendment allows tive procedures. His reward for trying the appointment of director generals to deal with the issue, as mentioned by the prime minister on recommen- earlier, was to be shifted out of Lands dation from the psc on a four-year to Justice. contract, renewable one time only. The After many complaints, Min- concern by opponents was that the ister of Finance Moana Carcasses change introduced the possibility of Kalosil finally moved to deal with political interference to the appoint- another alleged case of corruption ment process (vdp, 9 Aug 2011). and mismanagement. He appointed One of the most worrisome issues a team to investigate the Northern during the year was highlighted in a Islands ­Stevedoring Company Lim- report to Prime Minister Kilman by ited ­(niscol), which is a company former Director General of Lands Joe owned jointly by the four northern Ligo, who alleged widespread corrup- provinces (Sanma, Torba, Penama, tion in the Ministry and Department and Malampa) and handles port of Lands going back years and impli- operations at Luganville in the north- cating former ministers and senior ern part of Vanuatu. There had been lands officials. Ligo warned that, in numerous complaints that niscol had particular, tension was high among not been paying its bills nor auditing ­Ni-Vanuatu over land deals that had its operations (vdp, 3 March 2011). gone through without the proper In September, a report by a Com- consent of custom owners and warned mission of Inquiry authorized by the of “civil unrest and conflict that could minister of finance revealed its results destroy our country” because of the and alleged the misuse of 87 million 430 the contemporary pacific • 24:2 (2012) vatu (over us$900,000) and that the parties and, indeed, makes it difficult company had debts of over 440 mil- for independents to unite into single, lion vatu (nearly us$5 million) (vdp, 7 stronger entities, is the continuing Sept 2011). Resolution of the alleged reemergence since independence of fraud was still before the courts as the traditional bigman politics. What year ended. divides the parties is not disagree- In July, Minister of Internal Affairs ment over issues, but raw competi- George Wells suspended the Port tion for power—a striking contrast Vila Municipal Council (pvmc) over from the period of Vanuatu’s struggle alleged misuse of funds and general for independence. Since the 1990s, mismanagement (vdp, 21 July 2011) no single party has ever been able to and threatened also to suspend provin- form a majority in Parliament, with cial councils due to maladministration the result that coalition governments (vdp, 4 Aug 2011). Criticism among and political instability have become the citizenry of Port Vila has been the norm. Because parliamentary continuous over the years that the ser- majorities are usually weak, prime vices provided by the pvmc have been ministers find it difficult to sustain inadequate, and there was a wide- solid policy programs, as individual spread feeling that their taxes were not ministers too often focus on their own being properly spent. A Commission personal agendas. Attempts to rein in of Inquiry reported in December that rogue political partners run the risk the pvmc faced debts of over 1 billion of alienating individual ministers and vatu (over us$10 million) due to poor their followers, leading to the collapse decision making and mismanagement of the coalition altogether. stretching back over the previous ten Several important political issues years (vdp, 24 Dec 2011). have emerged recently, which seem Despite the year’s troubles, Vanu- to have led to a coalescing of size- atu ended 2011 with some optimism able ­sections of the public—for due the fact that 2012 would be an example, the right to independence of election year. For many, the national West Papuans and Kanaks, Vanuatu elections are seen as an opportunity to ­membership in the wto, and the call bring fresh faces into Parliament and for a presidential system to replace move on from the recent disastrous Vanuatu’s Westminster system of period of political instability. The government. In the 2008 election, prognosis, however, may not be that the victory of Ralph Regenvanu— positive, as the conditions that under- who won a seat in Port Vila as an lie Vanuatu’s political culture and ­independent with the largest vote feed the instability do not appear to total ever received in the history of have changed but may indeed be get- Vanuatu and who campaigned on the ting worse. Political disunity overall, issues of political reform and an end leading to an increasing number of to ­corruption in government—may political parties and independents who ­indicate that the voting public is ready contest the election and split the vote, for change. It remains to be seen, how- appears to be increasing. ever, whether broad public interest can The problem that divides the major be sustained in such issues and trans- political reviews • melanesia 431 lated into platforms that can unite ———. 2011b. Constitutional Case 05 of individual citizens and politicians into 2011 (16 June); Natapei v Korman [2011] viable parties. It will be interesting to vusc 72; in the Supreme Court of the observe how politicians frame their Republic of Vanuatu (Civil Jurisdiction). campaigns in the lead-up to national ———. 2011c. Constitutional Case 06 elections, scheduled for 30 October of 2011 (22 June); Vanuaroroa v Natapei 2012. [2011] vusc 92; in the Supreme Court of the Republic of Vanuatu (Constitutional howard van trease Jurisdiction). ———. 2011d. Constitutional Case 07 References of 2011(23 August); Kilman v Korman [2011] vusc 227; in the Supreme Court Constitution of the Republic of Vanuatu. of the Republic of Vanuatu (Civil Juris­ Pacific Islands Legal Information Institute. diction). http://www.paclii.org/ ———. 2011e. Constitutional Case 07A Court of Appeal of Vanuatu. Pacific of 2011 (6 September); Kilman v Korman Islands Legal Information Institute. [2011] vusc 228; in the Supreme Court http://www.paclii.org/ of the Republic of Vanuatu (Civil Juris­ ———. 2011a. Civil Appeal 09 of 2011 diction). (13 May); Kilman v Speaker of Parliament ———. 2011f. Constitutional Case 10 of of the Republic of Vanuatu [2011] vuca 2011 (23 November); Korman v Parlia- 15; in the Court of Appeal of the Republic ment of the Republic of Vanuatu [ ] of Vanuatu (Civil Appellate Jurisdiction). 2011 vusc 304; in the Supreme Court of the ———. 2011b. Civil Appeal 16 of 2011 Republic of Vanuatu (Civil Jurisdiction). (22 July); Kilman v Natapei [2011] vuca 24; in the Court of Appeal of the Republic ———. 2011g. Constitutional Case 10 of of Vanuatu (Civil Appellate Jurisdiction). 2011 (25 November); Korman v Parlia- ment of the Republic of Vanuatu [2011] Independent, The Vanuatu Independent. vusc 305; in the Supreme Court of the Port Vila. Weekly. Republic of Vanuatu (Civil Jurisdiction). Pacific Institute of Public Policy. 2011. Van Trease, Howard. 2009. Vanuatu’s Joining the World’s Economic Parliament: 2008 Election–Difficulties of Government Vanuatu’s Accession Package Explained. Formation in a Factionalized Setting. State, Port Vila. http://www.pacificpolicy.org/ Society and Governance in Melanesia publications/reports Briefing Note 1/2009. Canberra: Research Republic of Vanuatu. 1982. Standing School of Pacific and Asian Studies, The Orders of Parliament. Australian National University. http://ips Supreme Court of Vanuatu. Pacific .cap.anu.edu.au/ssgm/publications/briefing Islands Legal Information Institute. _notes/BriefingNote_Vanuatu_Election.pdf http://www.paclii.org/ ———. 2011. Melanesia in Review: Issues ———. 2011a. Constitutional Case 02 and Events, 2010: Vanuatu. The Contem- of 2011 (30 April); Kilman v Speaker of porary Pacific 23:511–530. Parliament of the Republic of Vanuatu vdp, Vanuatu Daily Post. Port Vila. [2011] vusc 35; in the Supreme Court of the Republic of Vanuatu; (Constitutional Jurisdiction).