Political Reviews

The Region in Review: International Issues and Events, 2015 nic maclellan

Melanesia in Review: Issues and Events, 2015 jon fraenkel, michael leach, howard van trease

429 political reviews • melanesia 473 http://static1.squarespace.com/static/ how intent the current government 544602fae4b076f26051926a/t/ was to pursue the investigation of 55aed867e4b025f8fc5e79ba/ alleged bribery involving a number of 1437522023679/MBO+Booklet members of Parliament (mps) dat- +040615+Med+Res+ENG.pdf ing back to the previous year (vdp, 2 [accessed 29 March 2016] Jan 2015). Indeed, the bribery case rdtl, República Democrática de Timor- dominated the news throughout 2015, Leste (Government of Timor-Leste). making it the most politically unset- 2015a. 500th anniversary of the Affirma tled year since Vanuatu’s independence tion of the Timorese Identity. 5 September. in 1980. http://timor-leste.gov.tl/?p=13165&lang In early November , the local =en [accessed 21 March 2016] 2014 press reported that the leader of the ———. 2015b. Meeting of the Council of Opposition, Moana Carcasses, had Ministers of 14 April 2015. Press release, deposited a check for 35 million vatu 14 April. http://timor-leste.gov.tl/?p in his personal account at a local bank =11656&lang=en [accessed 29 March 2016] and subsequently transferred sums of money ranging from vt500,000 ———. 2015c. Program of the Sixth to vt1 million into the accounts of a Constitutional Government 2015–2017. number of s ( vatu [ ] aver- 3 March. http://timor-leste.gov.tl/wp mp 100 vt -content/uploads/2015/04/Program-of-the aged around us$.91 in 2015). Ten -Sixth-Constitutional-Government-2015 days later, the prime minister, Joe -2017.pdf [accessed 29 March 2016] Natuman, and deputy prime minister, Ham Lini, lodged a motion in Parlia- rtp, Rádio e Televisão de Portugal. 2015. Rui Araujo sera pm pela sua experiencia e ment to suspend sixteen Opposition conhecimento profundo do sistema finan- mps on charges of alleged bribery, ceiro diz Xanana Gusmao. rtp Notícias, based on provisions in the Leader- 9 February. http://www.rtp.pt/noticias/ ship Code that leaders in government index.php?article=803330&tm=7&layout should conduct themselves so as to =121&visual=49 [accessed 14 March avoid demeaning their office or the 2016] integrity of the Republic of Vanuatu. Sainsbury, Michael. 2015. Timor-Leste The next day, Carcasses tabled a to Sign Historic Treaty with the Vatican. motion of no confidence against the UCANews (Union of Catholic Asian Natuman government. News, Hong Kong), 6 August. Speaker of Parliament Phillip http://www.ucanews.com/news/timor Boedoro ruled that the two motions -leste-to-sign-historic-treaty-with-the should be dealt with in the order they -vatican/ [accessed March ] 74035 14 2016 were received; thus the bribery case against sixteen Opposition mps was debated first. Carcasses denied the allegation of bribery, claiming instead Vanuatu that he had offered the money as The headline in the Vanuatu Daily “loans” to any mp—either Opposi- Post on the first day after the New tion of Government—who was willing Year holiday—“Police Boss Orders to “pledge their allegiance to him.” Bribery Case Completion”—indicates On 25 November, however, Parlia- 474 the contemporary pacific • 28:2 (2016) ment voted for suspension of sixteen tee engaged to investigate the project mps on the basis that the Leadership had concluded “did not favor the Code specifically states that “a leader government, the people and Vanuatu must not accept a loan (other than on but ‘only foreigners and it could cause commercial terms from a recognized a catastrophe’” (Van Trease 2015, lending institution) and only if the 546–547, 554–556). Natuman cau- leader satisfies the lending institution’s tioned that “there were people around usual business criteria” (Leadership trying to get the Opposition to return Code Act [Cap 240], part 3—Breaches to government to reopen the agree- of Leadership, section 21). ment” (vdp, 5 Dec 2014). Whether The sixteen mps left Parliament and or not there was a link between the remained absent for the rest of the airport project and the alleged bribing session. Carcasses, however, turned to of mps remains to be seen, as the whole the Supreme Court for redress, argu- incident has yet to be fully inves- ing that “only the court has the right tigated—in particular, the original to punish anyone and not parliament” source of the vt35 million. (vdp, 26 Nov 2014). The court ruled The Public Prosecutor’s Office in favor of the sixteen mps, stating began preparing a case against those that the motion “to suspend the Peti- alleged to have been involved in the tioners from Parliament amounts to bribery, which it was expected to breaches of their Constitutional rights present in court around mid-March and is therefore invalid, void and of 2015. The investigations were dis- no effect” (vusc 2014). The accused rupted, however, due to the devas- mps were, therefore, reinstated. The tation inflicted on the country on Speaker, however, called for a judicial the night of 13–14 March by Super review, arguing that the court’s deci- Tropical Cyclone Pam—a category 5 sion had “intruded” in the affairs of hurricane. Maximum sustained winds Parliament—that it “interfered with reached 270 kilometers/hour (167 the separation of powers between the mph) in the capitol of Port Vila—mak- legislature and the judiciary under the ing Pam one of the worst hurricanes in constitution of the country . . . [and] Vanuatu’s recorded history. The storm that the Parliament had a duty to act passed down the eastern side of the to protect its integrity by deciding to Vanuatu chain, veering westward as it discipline those members concerned” neared the central Shepherd group and (vdp, 4 Dec 2014). the main island of Efate, where Port Realizing they did not have the Vila is located, and continuing in a numbers to proceed, the Opposition southwestward direction, passing over allowed the motion of no confidence the islands of Erromango and Tanna. to lapse. Nevertheless, Prime Minister The islands directly affected by the Natuman responded to the accusa- hurricane suffered immense devasta- tions that had been leveled against him tion. Homes and government facili- as part of the motion. In particular, ties, such as schools and hospitals, he focused on the airport concession were destroyed or severely damaged. agreement signed by the Carcasses-led Most significant was the loss of food government, which an ad hoc commit- gardens and water supplies for those political reviews • melanesia 475 people on the outer islands affected distribution to the outer islands. by the cyclone. Compounding the The United Nations and most of the problem has been the onset of an El major international nongovernmental Niño weather pattern over the western organizations offered assistance and Pacific, which brought severe drought many sent representatives to oversee to Vanuatu. Replanting of gardens its distribution and work with local began everywhere after the storm, communities. but limited rain meant very slow and The Vanuatu National Disaster limited growth. Management Office was up and Port Vila itself survived somewhat running from day one and put in a better, though most small corrugated- tremendous effort to deal with the iron houses lost their roofs or col- crisis. It was soon clear, however, that lapsed completely. Electricity was the biggest problem was not in attract- knocked out, with estimates of vt200 ing enough aid, but managing its dis- million in damages and restoration tribution (vdp, 20–24 March 2015). costs (vdp, 27 March 2015), but was Rumors circulated around Port Vila of restored throughout the urban area heated discussions between the direc- within a month. A representative of tor, who was determined to insure that the International Labor Organization Vanuatu officials and organizations present in Port Vila estimated that should maintain oversight and control Pam caused vt48.5 billion in eco- over the dispatching of relief supplies, nomic loss to the country (vdp, 5 June and representatives of some aid orga- 2015). nizations. Recovery around Port Vila was The Opposition picked up on this quicker due to the close proximity issue when it finally broke its silence of building supplies and transporta- two weeks after the hurricane, Car- tion links through which aid from the casses accusing the disaster manage- outside arrived. Eleven people lost ment office of lacking transparency their lives—but the number could have and not providing “guarantees that been far greater if not for the early any shipment will be received by [the warnings provided by the Vanuatu institution or organization] to whom Meteorological Service and aware- it is being consigned” (vdp, 28 March ness among the country’s population 2015)—the implication being that of what to expect and how to protect certain groups were being favored themselves when a hurricane strikes for political advantage. The response (vdp, 19 March 2015). from Prime Minister Natuman was Countries from around the world that members of the Opposition were offered their assistance with Vanuatu’s merely trying to “capitalize on a situ- traditional aid donors—Australia, ation and exploit the people’s misery France, and New Zealand—provid- and suffering for their own political ing immediate donations of food and gains” (vdp, 30 March 2015). materials for reconstruction. All three For the most part, however, politics committed their military air, sea, and remained quiet following Cyclone ground forces to transport supplies Pam until early May, when it was into the country and to assist in its announced that Prime Minister Natu- 476 the contemporary pacific • 28:2 (2016) man had decided to reshuffle his cabi- the charges out of hand, only the basis net, replacing the existing minister of on which they had been made. youth and sport, Don Ken (National While Opposition mps may have United Party member for Malakula), felt a sense of relief, their problems with John Lum (Nagriamel member were far from over, as the police were for Santo). It was said that Nagriamel still investigating the bribery charges. had requested the move and the prime This, most likely, explains the decision minister declared that it was only fit- of Carcasses to again lodge a vote of ting that the two parties—Nagriamel no confidence against the government, and Vanua‘aku Pati—should be work- which coincided with the termina- ing together, as they both had been tion of two additional ministers in prominent in the struggle for indepen- the Natuman-led government—Sato dence (vdp, 6 May, 8 May 2015). That Kilman (foreign affairs) and Alfred they had been on opposite sides of the Carlot (justice)—who were replaced rebellion seems to have been forgotten by two members from the Opposi- and reflects possible changing political tion—Kalvao Moli and Hosea Nevu. alliances. Natuman explained to the press that A few days later, the “elephant the main reason for Kilman’s removal in the room” suddenly made itself was that he had misrepresented the known again. After more than five collective position of the government months—on 8 May—the Court of on a recent visit to Indonesia with Appeal handed down its decision on regard to West Papua, when he sug- the case, which Speaker Boedoro had gested that Vanuatu was preparing to lodged against the decision of the open an embassy in Jakarta. Vanuatu Supreme Court to reverse the action of governments on both sides of the Parliament on 25 November 2014 to political divide had long supported the suspend the sixteen mps (see above). West Papuan struggle and had taken a The presiding judges ruled in favor of strong stand recently in favor of West the mps, concluding that the decision Papua membership in the Melanesian to suspend them infringed their consti- Spearhead Group. Kilman’s comment tutional rights and was “invalid, void appeared to be sending the wrong of no effect” since no criminal offense signal. had been proved (vdp, 11 May 2015). Likewise, Natuman related how The judges went on to say, however, Kilman, on a recent visit to Russia, that they accepted “that Parliament is had made contact with a so-called legitimately concerned about con- foreign minister of Abkhazia, when duct of members outside Parliament the firm position of the Vanuatu gov- where their conduct might damage ernment was that Abkhazia is a part the integrity of Parliament” and that of Georgia with whom the govern- if allegations of misconduct have been ment has bilateral relations (vdp, 5 established and the facts proved, “Par- June, 10 June 2015). It would seem liament is then free to act as it thinks that Kilman continued to maintain appropriate on the facts established by links with representatives of Abkhazia the courts” (vuca 2015a). The Court dating back to late 2011, when he of Appeal, in effect, did not dismiss was prime minister and authorized political reviews • melanesia 477 recognition of the breakaway prov- not in order and closed Parliament ince involving questionable payments (vdp, 17 June 2015). of money to Thi Tam Goiset, who In response, the new Natuman-led had been appointed Vanuatu’s roving Opposition filed an urgent constitu- ambassador to Russia and other east- tional application with the Supreme ern European countries (Van Trease Court, seeking a declaration from the 2014, 529). Court that Speaker Pipite’s closing of The reasons given for the no-con- the first ordinary session of Parliament fidence motion included removal of on the 16th was unconstitutional. The the Opposition mps from Parliament, grounds given in the application were which was claimed to be unconsti- that the original motion of no confi- tutional; unfair distribution of funds dence against Kilman had been ruled and supplies relating to Cyclone in order and, therefore, could not be Pam; alleged misuse of funds relat- ignored—that is, that the decision to ing to the visa scheme operating in adjourn Parliament without allowing China; and claims that the prime the motion to be debated had denied minister was leading the country in the applicants their constitutional the wrong direction with regard to rights (vusc 2015b). Subsequently, economic development. Subsequently, the Supreme Court upheld the Oppo- the two dismissed ministers, along sition application and declared that with several of their supporters in the Parliament was still open and that the government, moved to the Opposi- decision by Pipite to close Parliament tion when the first ordinary session was unlawful and in breach of the of Parliament convened the next day, constitutional rights of the applicants providing the majority necessary to (vdp, 18, 19, and 25 June 2015). topple the Natuman government. Pipite countered with an appeal Sato Kilman, president of the People’s against the decision (vdp, 29 June Progressive Party, became the new 2015), and a stay order was issued, prime minister, with Moana Carcasses extending the date for reconvening (Greens) as deputy (vdp, 6, 8, 9, and Parliament to 2 July (vdp, 30 June 12 June 2015). 2015). When Parliament met, the In response, less than twenty-four Opposition withdrew its motion for hours after losing the government, the lack of numbers needed to topple new Opposition tabled a motion of no the Kilman government (vdp, 3 July confidence against the Kilman-led gov- 2015). Some three weeks later, the ernment, which the existing Speaker, Court of Appeal handed down its Philip Boedoro, ruled in order. When judgment relating to Pipite’s appeal, Parliament met again on 16 June, ruling in favor of the Speaker (vuca the new government voted to replace 2015b). The argument given was that Boedoro with Marcellino Pipite from Speaker Boedoro did not comply with the Vanuatu Republican Party—one Article 43 (2) of the Vanuatu Constitu- of the sixteen mps under investigation tion by listing the motion of no con- for bribery. Having taken over the fidence for debate on 18 June 2015, Speaker’s position, Pipite then ruled less than a week after he received it. that the motion of no confidence was According to the constitution, “At 478 the contemporary pacific • 28:2 (2016) least 1 week’s notice of such a motion Code Act against eighteen members shall be given to the Speaker.” Pipite’s of Parliament, of whom seven were response was to demand an apology ministers of state. Those charged from Boedoro during the next sitting included the deputy prime minister, of Parliament (vdp, 28 July 2015). Moana Carcasses Kalosil (Port Vila, The bribery case itself was Green), who was alleged to have adjourned by the Magistrate Court corruptly offered loans of up to vt1 to 23 June, due to the ongoing First million to individual mps. Other min- Session of Parliament (vdp, 13 June isters alleged to have offered or taken 2015) and again to 14 July (vdp, bribes included Iauko Group members 24 June 2015), due to delays in the Thomas Laken (Tanna), Tony Nari preparation of necessary documents. (Pentecost), and Hosea Nevu (Santo). Meanwhile, the prosecution made an Two members of the Reunification application to prevent the defendants Movement for Change included Paul from interfering in the work of police Telukluk (Malakula) and Stephen investigators—that they be prohibited Kalsakau (Efate). Willie Jimmy (Port from “interfering ‘directly’ and ‘indi- Vila) was a member of the Vanuatu rectly’ with prosecution witnesses” Liberal Democratic Party, and Serge (vdp, 24 June 2015). Vohor (Santo) was a member of the Just at this complicated juncture, Union of Moderate Parties (ump). the nation was shocked to learn of Members of Parliament also listed the sudden death of one of its senior included ump members Silas Ratan politicians, the leader of the Opposi- (Tanna) and Tony Wright (Port Vila); tion, the Honorable Edward Nipake Kalvau Moli (Luganville, Indepen- Natapei, who passed away at the age dent); John Amos (Tongoa, People’s of sixty-one due to a sudden illness. Progressive Party); Green members Natapei was from the island of Futuna Arnold Prasad (Santo) and Jean Yves in the southern islands and began his Chabot (Port Vila); Sebastien Harry political career in 1983, representing (Tanna, Iauko Group); Marcellino the Vanua‘aku Pati as the constitu- Pipite (Santo, Vanuatu Republican ency’s elected member of Parliament. Party); Jonas James (Paama, Natatok); In 1988, he was asked by the party and Robert Bohn (Epi), member of to move to the Port Vila constituency, the Vanuatu Progressive Development where he was elected and served a Party. In addition, longtime business- total of eight terms. During his time in man Thomas Bayer—the nineteenth Parliament he had held the position of individual in the case—was charged prime minister three times, Speaker of with alleged complicity in bribery Parliament and, since 1999, president and corruption under the Penal Code of the Vanua‘aku Pati (vdp, 29 July Act (vdp, 7 Aug 2015). The accused 2015). were placed on bail pending their plea On 7 August, a preliminary court appearance the following week. hearing finally took place during When Supreme Court Justice Mary which the acting public prosecutor, Sey announced the start of the trial— John Timakata, brought charges under scheduled to last for two weeks, begin- the Leadership Code Act and Penal ning on 2 September—she noted that political reviews • melanesia 479 the number of defendants had been They described the scene in which reduced from 18 to 16 due to the deci- ministers and mps arrived in their sion of the Public Prosecutor to grant black cars, flying national flags, to immunity to two of the charged who face charges against them of bribery had agreed to provide evidence—mps and corruption, “as a mockery of the Kalvau Moli and Hosea Nevu, both lowest grade and detestable in the from Santo. Two additional mps, who eyes of the law. Such is unheard of had not been charged, were also given anywhere in the world.” As one of the immunity. defendants, Deputy Prime Minister When the Court convened, the min- Moana Carcasses, dismissed a plea ister of finance, Willie Jimmy, pleaded from the Opposition for Prime Minis- guilty to the two charges laid against ter Kilman to reshuffle his cabinet and him: one count of corruption and remove all those involved in the case, bribery of officials contrary to section labeling the charges against him and 73 of the Penal Code (Cap 135) and his colleagues as “politically moti- one count of acceptance of loans con- vated” (vdp, 5 Sept 2015). trary to section 21 of the Leadership The trial, which lasted for two Code Act (Cap 240). He had provided weeks, was presided over by Supreme a written statement to police prior to Court Justice Mary Sey, who is from the convening of the trial (vdp, 3 Sept Gambia and had been seconded by 2015). the Commonwealth Secretariat to All sixteen remaining defendants, Vanuatu in September 2014 from the who were divided into two groups— High Court in Swaziland. On the first the “givers and receivers” of the day of the trial, Judge Sey began by alleged bribes—pleaded not guilty formalizing the conviction of Finance to the charges. Tom Bayer, the only Minister Willie Jimmy. She announced non-mp, was charged with one count to him that he was convicted on his of complicity to bribery contrary to own guilty plea and, since he had done section 21 of the Leadership Code Act this at his earliest opportunity, she and one count of complicity to corrup- was mandated to give him a “substan- tion and bribery contrary to section tial reduction in whatever sentence 73 of the Penal Code Act. The court is meted out to you. You have not granted permission to separate his trial wasted the Court’s time and you have from that of the others, which would shown remorse” (vdp, 8 Sept 2015). be dealt with following the conclusion The prosecution presented twenty- of the main trial (vdp, 3 Sept 2015). four witnesses, including a Westpac Opposition leaders Joe Natuman Bank representative who testified to and Ham Lini spoke out strongly an inward transaction of us$500,000 against the unfolding situation. They from China Construction Bank pleaded in a news conference for Corporation Limited in Hong Kong Prime Minister Kilman to cease his via banks in the Netherlands and the overseas travel and attend to the con- United States to the account of the stitutional crisis facing the nation—the Pacific International Trust Co Ltd undermining of the “integrity of the (pitco), owned and operated by Tom institutions and the offices we hold.” Bayer. It was further revealed that 480 the contemporary pacific • 28:2 (2016)

Bayer authorized conversion of the the loan agreement had nothing to do money into Vatu (vt48.9 million) with the motion of no confidence.” of which “vt35 million was paid Moreover, he stated that, as an Oppo- through a check by the pitco Vatu sition mp, “it was his duty to sign any trust account to Moana Carcasses motion against the government” (vdp, on 28 October 2014.” The Westpac 16 Sept 2015). In addition, the various representative confirmed the trans- defense councils presented submissions fer of vt1 million to the accounts of to the court on behalf of their clients two of the accused mps, and an anz that there was “no case to answer” Bank representative confirmed—the and that the “evidences are irrelevant result of a search warrant the bank to their clients.” Judge Sey rejected the had received—that large sums were submissions, ruling that “the accused also transferred to the accounts of the persons have a case to answer” (vdp, other twelve mps charged (vdp, 9 Sept 17 Sept 2015). 2015). As part of her ruling, Sey explained The prosecution’s case then focused that the accused were entitled to on the purpose of the money transfers defend themselves by calling witnesses and the conditions under which the or to give evidence themselves, or they loan agreements were signed. Kalvao could choose to remain silent. All of Moli—one of four mps who had the fifteen accused facing criminal been granted immunity for providing charges had pleaded not guilty, but information—provided key evidence. at this point only Robert Bohn, mp He testified that Moana Carcasses, for Epi, decided to speak in his own then leader of the Opposition, had defense. He explained his understand- “made known to him of a loan scheme ing of the loans as being provided that mps could borrow from . . . but to a select group of mps to use “for Moana said he is offering vt1 million good works and development in the as the loan on the condition that he is constituencies of Vanuatu and it is made Prime Minister” (vdp, 10 Sept the people that would benefit from 2015). The prosecution also called a these good works.” He stated that number of mps to testify, who claimed the agreement was verbal between to have turned down the offer of him and mp Carcasses, without any money in return for a signature on a conditions. Moreover, he noted that motion of no confidence against the he had known Carcasses for “25 Natuman government (vdp, 11, 12, years, as a friend, a business associate, 14, and 15 Sept 2015). and more recently, as a colleague in The defense case was short and Parliament”—the implication being, tried to establish that the money was that such a loan would not have been intended as a loan to mps to use in unusual or improper (vdp, 18 Sept their constituencies. mp Hosea Nevu— 2015). another mp who had been granted Judge Sey handed down her verdict immunity—testified that the agree- on the 9th of October (vdp, 10 Oct ment was “between myself and the 2015). The Court found Carcasses Green Confederation Development guilty of eighteen counts of offering a Fund . . . [and] to my understanding, bribe; thirteen of the defendants guilty political reviews • melanesia 481 of accepting a bribe in breach of 73 vision in the constitution that states: (1) and (2) of the Penal Code; and “The President of the Republic may one of the defendants, Robert Bohn, pardon, commute or reduce a sentence not guilty (vusc 2015e). Following imposed on a person” (chapter 6, his conviction, Deputy Prime Minister section 38). Carcasses announced that he respected Citing political disturbances that the verdict and appealed for calm. had occurred in the past in Solomon It is significant to note that on the Islands and Papua New Guinea, Pipite day prior to the handing down of the explained in a press conference that verdict, Supreme Court Justice Daniel “as leader, symbol of peace and unity, Fatiaki ruled that the ombudsman had I do not want to see a similar situ- not made a proper inquiry and report ation happening in Vanuatu.” It is into the conduct of the members of significant to note that everything was Parliament who had been convicted peaceful and calm in Port Vila. Pipite’s of bribery under the Leadership Code, announcement was clearly uncalled nor had he given them the “opportu- for and could have had precisely the nity to reply to the complaints made opposite effect, undermining order against them” (vusc 2015a). As a and stability. The mood in Vanuatu result, Judge Sey decided that the was one of shock, but there were no charges of breaches of the Leader- public disturbances. In any case, given ship Code would be set aside and the the fact that none of the convicted defendants would only be tried for mps had been sentenced, it is doubtful breaches of the Penal Code Act (vusc whether a pardon was legally possible 2015e). at that point (vdp, 12 Oct 2015). Then, unbelievably, the people of mp Pipite also used his new posi- Vanuatu were shocked to learn the tion of power to suspend the ombuds- following day, 10 October 2015, that man, Kalkot Mataskelekele. Claim- the Speaker and acting president, ing gross misconduct, Pipite’s action mp Marcellino Pipite, had signed an followed the ruling by Judge Fatiaki instrument of pardon for himself and (as noted above) against the ombuds- thirteen other mps (including Car- man regarding his alleged failure to casses), who had been convicted of conduct an adequate inquiry or pro- bribery the previous day. The docu- duce a proper report as required under ment was gazetted by the State Law the Leadership Code. The ombudsman Office on Sunday, 11 October 2015. responded by requesting the State Law Willie Jimmy, who had pleaded guilty, Office to appeal the judgment (vdp, was not included. Pipite, as Speaker 9 Oct, 13 Oct 2015). The issue of the of Parliament, had assumed the posi- alleged violation of the Leadership tion of acting president during the Code was especially important to the absence of President Baldwin Lonsdale convicted mps due to the provision from the country, as provided for in therein that would bar a leader from the Vanuatu Constitution (chapter 6, holding office for ten years if con- section 37[1]). As such, he took the victed of a criminal act. action to pardon himself and his fel- On his return to Vanuatu, President low convicted mps, based on the pro- Lonsdale expressed his deep sorrow 482 the contemporary pacific • 28:2 (2016) for what had been affecting the an attempt by the Speaker and other country, noting that “the important convicted persons to “stop Crimi- institutions of the country continue nal Case no. 73 (Bribery case) from to deteriorate and operate outside the proceeding towards its end, when Constitution . . . no one is above the sentences would be handed down on law . . . it is my duty to remind every 22 October.” The Court ruled that the citizen that the Constitution is the pardon by convicted mp and Speaker Supreme Law, and everything that we of Parliament, Marcellino Pipite, was do in this country must be guided by void and of no effect (vusc 2015c; it” (vdp, 13 Oct 2015). On 15 Octo- vdp, 21 Oct, 22 Oct 2015). ber 2015, the president revoked the Needless to say, the Opposition pardons. welcomed the convictions, proclaim- The following day, Speaker Pipite ing that “convicts have no place in and ten other convicted mps and their public affairs,” and called for the four lawyers—the group who met Kilman government, which still held and conspired to have themselves power despite the conviction and pardoned—were arrested and charged imprisonment of fourteen of its mem- without bail on suspicion of “con- bers, to step aside for the good of the spiracy to defeat the course of justice.” country. “The prime minister’s con- Prime Minister Sato Kilman, who tinued silence in the face of calamity had finally returned from overseas brought about by the El Niño-induced travel, removed mps Paul Tulukluk, drought and the nation’s brush with Tony Nari, Tony Wright, and Thomas anarchy, demonstrates his incapabil- Laken from their ministerial portfolios ity in running national affairs any (vdp, 17 Oct 2015). Willie Jimmy con- longer” (vdp, 12 Oct, 14 Oct 2015). tinued on for the moment as minister The problem they faced, however, was of finance. All those arrested were that Kilman refused to move aside and released several days later on strict simply juggled the portfolios of the bail conditions. discredited members of his parliamen- Both the Opposition bloc and tary majority. The Opposition finally the convicted mps launched judi- lodged a motion of no confidence, but cial reviews, which were joined and it was declared out of order when it dealt with together by the Supreme failed to secure the required twenty- Court. In his judgment, Justice Oliver seven signatures needed to call a spe- Saksak made the point that the case cial session of Parliament (vdp, 20 Oct was incomplete, as sentences had yet 2015). When Parliament is in session, to be delivered, and noted that “a only seven signatures (one-seventh of pardon granted under Article 38 of the the fifty-two members) is required on Constitution does not acquit a person a motion. of a conviction, but redeems a person Sentencing of the convicted mps from a sentence.” He surmised that finally took place on 22 October the haste with which the pardon docu- 2015. Carcasses was sentenced to four ment was drawn up—signed, sealed, years in prison, Toni Nari to three and published in the Official Gazette and a half years, and the remainder over a single weekend—could indicate to three years each. They were imme- political reviews • melanesia 483 diately incarcerated and remained in his free will and not due to pressure” prison for the rest of the year. Willie and sent them a letter explaining that Jimmy, who had pleaded guilty, was the legal appeals process must first sentenced to twenty months’ imprison- be completed before any reconcilia- ment, suspended during good behavior tion ceremonies could take place. The (vusc 2015f). The Court of Appeal chiefs never met with the president rejected the appeals by the defendants, and returned home (vdp, 2, 3, 4, and upholding both the convictions and 6 Nov 2015). the sentences in their entirety (vuca Contributing to the political 2015c; vdp, 20 Nov 2015). stalemate was the fact that, although In early November, prior to the the fourteen convicted mps had been appeal ruling and with the fourteen removed to jail after sentencing on mps in jail, a delegation of chiefs from 22 October 2015, they were still not Sanma, Malampa, Penama, Shefa, and required to vacate their seats in Parlia- Tafea provinces suddenly appeared ment. They were counted as part of in Port Vila, announcing that they the sitting Kilman government and had come to perform a “customary continued to receive their salaries. reconciliation” ceremony using high- Under the Members of Parliament value custom pigs known as ravwe (Vacation of Seats) Act, an mp con- and traditional mats, which they had victed of a crime is allowed thirty brought with them. The rumor around days to appeal before being obliged to Port Vila was that the trip and attempt relinquish his or her seat. They would, at intervention had been organized therefore, continue to hold their seats by the brother of one of the convicted at least until 21 November, when the mps and paid for by the Board of thirty-day window lapsed, depending Directors of the Northern Islands on the outcome of their appeals. The Stevedoring Company Ltd (niscol). same applied to mp Willie Jimmy, who They apparently hoped to influence was free on good behavior. As a result, the president to grant pardons to the following the convictions, Prime convicted mps. Minister Kilman continued to hold The delegation asked Chief Seni- onto power, commanding a majority mao Tirsupe, the president of the of 28 out of a total of 52 mps, which Malvatumauri Council of Chiefs, to included the 15 convicted mps. Parlia- facilitate a meeting with President ment was not in session, so the fact Lonsdale as the head of state. Echo- that they could not take their seats ing the feeling of many leaders, Chief made no difference for the moment. Tirsupe received them respectfully Attempts by the Opposition during but resisted their move to become this period to persuade Kilman to involved, noting that “there is a time hand over power or form a govern- for everything and as such things must ment of national unity failed. Indeed, happen at their appropriate time.” Kilman was successful in winning over Likewise, the leader of the Opposi- two Opposition bloc members, Don tion, Joe Natuman, cautioned the Ken and Isaac Hamariliu, by offering chiefs that “the Head of State must be them ministerial portfolios (vdp, 24 allowed to make his decision based on Oct, 28 Oct 2015). After 21 Novem- 484 the contemporary pacific • 28:2 (2016) ber, when their appeals were dismissed to request a dissolution, the president and the 15 convicted mps officially did not act. His position was that vacated their seats, Parliament’s num- there was still time for the parties to ber was reduced to 37, made up of 13 reach an agreement and dissolution government mps and 24 Opposition, would be a “last resort” (Vanuatu who then commanded the majority. Daily Digest, 26 Oct 2015). It would Nevertheless, the political stale- seem that the president preferred to mate continued, as Kilman refused to wait until the appeals of the fifteen authorize the recall of Parliament for convicted mps had been heard. If the the constitutionally mandated Second appeals were upheld, the mps would Ordinary Session. The first session resume their posts and a dissolution had taken place in May/June, but a would not be necessary (Vanuatu second session had never been con- Daily Digest, 31 Oct 2015). vened. Kilman clearly had no intention On 20 November, the day on which of summoning Parliament, since the the Court of Appeal announced that Opposition with their new majority the appeals of the fifteen convicted would easily have defeated his minor- mps had been rejected, the Opposi- ity government in a vote of no confi- tion filed an urgent constitutional dence. Moreover, it should be noted application with the Supreme Court that the failure of Parliament to meet to order the Speaker to call the Second deprived Kenneth Natapei (Vanua‘aku Ordinary Session of Parliament for Pati)—who had recently won a by- 2015 (vdp, 20 Nov 2015). However, election to replace his father in one of before the Court had met, Acting the Port Vila seats—the opportunity to Speaker Samson Samsen announced be sworn into office (see above). This that Parliament had been scheduled to would have added another member to meet on 14 December (vdp, 23 Nov Opposition numbers and was an issue 2015). It came as a surprise, therefore, that they would include in a subse- when the president announced the quent court challenge of the presi- next day that he had dissolved Parlia- dent’s decision to dissolve Parliament ment—especially since a resolution to (vusc 2015d). the political impasse was at hand with The other option was a dissolution the announcement of a date for the of Parliament, which Kilman actually Second Parliamentary Session. favored and the Opposition opposed. The president gave as his reasons Delegations from both the government the need to reestablish a strong func- and the Opposition had met with the tioning government due to the delay in president at the end of October and dealing with the aftermath of Cyclone discussed the situation. It was reported Pam and a decline in service delivery. over Radio Vanuatu that Kilman had Likewise, he pointed to the unneces- asked President Lonsdale to dissolve sary costs of holding by-elections for Parliament—a power vested in the the fifteen convicted mps (the fourteen president alone—in response to a imprisoned plus Willie Jimmy), given request from the Council of Ministers. the fact that the national election Despite the fact that on 16 October was not scheduled to be held until the Council of Ministers had agreed late 2016. He mentioned that he was political reviews • melanesia 485 aware of the decision to recall Parlia- political circumstances: “It is too ment but decided as he did due to the early to consider such, as it will make long period of unstable government a mockery of the justice systems in that had occurred and for “the welfare Vanuatu” (vdp, 27 Nov 2015). of the public of Vanuatu” (vdp, 25 The main issue for the Opposition Nov 2015). regarding a dissolution was that it The following day, the Opposi- would leave Kilman and his ministers tion filed a case against the decision in power as a caretaker government of the president, requesting that it be to continue what they viewed as declared null and void (vdp, 26 Nov corrupt practices. For example, there 2015). The submission questioned were rumors that the new minister of the delay between the request by the lands, Paul Telukluk, was intending Council of Ministers for a dissolution to intervene in a case against Lands and the decision of the president— Department staff who were issued over five weeks—at a time when the state land leases by the former minis- prime minister was running a minor- ter of lands, Steven Kalsakau, without ity government. It also questioned the tendering for land and assets valued issue of the composition of the council greater than vt15 million (vdp, 16 on the day the decision was made, “as July, 17 July 2015). only ten (10) members attended the While awaiting the court decision meeting instead of all the Ministers on the challenge to the president’s [13 . . . and] that five of the ministers decision to dissolve Parliament, the who attended the meeting were con- Electoral Commission went ahead victed in the bribery case [and] were and announced that a “snap” elec- yet to be sentenced” (vusc 2015d). tion would be held on 22 January The possibility of bias and conflict 2016 (vdp, 4 Dec 2015). The Elec- of interest was also raised, noting that toral Commission moved quickly, as the president had accepted a custom the constitution (paragraph 28 [4]) ceremony from the prime minister requires that an election must take involving an exchange of a pig and place not earlier than thirty days and he giving one in return, leading to the not later than sixty days following the suspicion that the government was dissolution of Parliament. receiving special treatment. Council Another unexpected development for the president argued that under occurred at this time, concerning the the Vanuatu Constitution (paragraph application of the Leadership Code 28 [3]), the president has unfettered in relation to the Penal Code Act. As authority to make such a decision. The noted above, the Leadership Code Supreme Court agreed and dismissed stipulates that a conviction under the the case (vusc 2015d). Penal Code Act is automatically a The decision to dissolve Parliament breach of the Leadership Code and coincided with rumors circulating that makes the individual concerned liable the president was about to pardon to dismissal from office and disquali- the jailed mps, which his office firmly fied from appointment to public office denied, noting the legal process that for a period of ten years. The interpre- would be required and the current tation of the link between the Leader- 486 the contemporary pacific • 28:2 (2016) ship Code and the Penal Code was defendants were “ordered . . . to repay what led to the dismissal of charges them forthwith” (vusc 2015g; vdp, 8 of bribery and the suspension of mps Dec 2015). Thus, after a tangled series in December 2014—that is, that the of judicial procedures, the fate of the defendants had not been found guilty accused mps had been resolved—at of bribery before being suspended least for the moment—though the from Parliament. issue of reduced sentences or pardons Judge Sey had been careful to would continue to be discussed. charge the accused mps under the There was, however, unfinished Penal Code, leaving the issue of business relating to the bribery case breaches under the Leadership Code that would have to wait until the to be dealt with later. This followed following year: Quite significant was a ruling by Judge Fatiaki on 9 Octo- the “conspiracy to pervert the course ber—the day before Judge Sey handed of justice” case involving ten of the down her judgments for the fifteen convicted members of Parliament who mps (as noted above)—that there had had conspired with their four lawyers been a breach of the Ombudsman’s for Marcellino Pipite, as acting presi- Act related to the production of an dent, to issue a pardon for all the con- official report by the ombudsman. victed mps including himself—exclud- Subsequently, however, the Court of ing mp Willie Jimmy, who had pleaded Appeal ruled that Judge Fatiaki’s judg- guilty. Yet to be heard was the “comment was “not binding on Judge Sey” plicity to bribery” case related to the and that she “should have proceeded source of the large amounts of money to determine the Leadership Code Act loaned by Carcasses to members of charges despite the decision of Justice Parliament, the source of which was Fatiaki” (vdp, 4 Dec 2015). traced to pitco and its manager, local As a result of this clarification, businessman and financier Thomas the newly appointed public prosecu- Bayer (Paterson 2015). tor, Josiah Naigulevu, applied to the Also on the immediate agenda for Supreme Court for a ruling in view of 2016 was the national election, sched- the convictions handed down under uled for 22 January. By mid-December, the Penal Code. Judge David Chet- prospective candidates were lodging wynd ruled that he was “satisfied their documents with Electoral Office beyond any doubt that the breaches officials and unofficially beginning to were and are serious” and confirmed campaign. There were rumors that the orders “dismissing all the Defendants fourteen jailed former mps were trying from office and disqualifying them to manipulate their followers from from standing for election or being inside, and several were said to be appointed as a leader of any kind for planning to run—expecting most likely a period of 10 years.” He also ruled a miracle or Christmas gift in the form that the defendants were not entitled of a pardon, which the president had to “payments or allowances” since made clear was not going to happen their dismissal and that disbursements anytime soon (vdp, 22 Dec 1015). that may have been paid prematurely The political chaos that began in should be recovered—that is, the late 2014 and continued to unfold political reviews • melanesia 487 in 2015 was unprecedented in the References short history of Vanuatu, and yet life remained remarkably peaceful Constitution of the Republic of Vanuatu. Available from Pacific Islands Legal Infor- throughout. For example, follow- mation Institute: http://www.paclii.org. ing the death of senior politician Edward Natapei, a by-election was Leadership Code Act. 2006. Vanuatu held in mid-October 2015 for his Port Consolidated Legislation. Available from Vila constituency, which coincided Pacific Islands Legal Information Institute: http://www.paclii.org. with the announcement of the guilty verdicts and Pipite’s illegal pardoning Paterson, Donald. 2015. Comment: of convicted mps. The turnout was Chronicle of the Months of Political and low, which is not unusual for Port Constitutional Crisis in Vanuatu, 2014, . Journal of South Pacific Law Vila—around 10,236 out of 38,324 2015 ( ). School of Law, University of the registered voters cast their ballots— 2015 2 South Pacific, Emalus Campus, Port Vila, but the poll took place peacefully, as is Vanuatu (in print). the normal practice. Kenneth Natapei, representing the Vanua‘aku Pati, was Penal Code. 2006. Vanuatu Consolidated elected with 4,281 votes to replace his Legislation. Available from Pacific Islands Legal Information Institute: http://www father, and the election results were .paclii.org. announced on the day that the government mps and their lawyers were Van Trease, Howard. 2014. Melanesia arrested following the cancellation of in Review: Issues and Events 2013: the illegal pardons. The elections of Vanuatu. The Contemporary Pacific the Luganville Municipal Council and 26:524–552. the Sanma Provincial Government also ______. 2015. Melanesia in Review: took place during 2015 without issues Issues and Events 2014: Vanuatu. or problems. The Contemporary Pacific 27:544–556. Vanuatu gained its independence Vanuatu Daily Digest. News blog. a mere thirty-six years ago, accom- vanuatudaily.wordpress.com/Category/ panied by a rebellion that involved the-news-digested/ violence and divided the population. It vdp, Vanuatu Daily Post. Newspaper. is, perhaps, the remembrance of that Port Vila. painful experience—and a desire that it should never be allowed to hap- vuca, Court of Appeal of Vanuatu. Available from Pacific Islands Legal Infor- pen again—that has led the people of mation Institute: http://www.paclii.org. Vanuatu over the years to develop a confidence in the work of the judiciary ______. 2015a. Civil Appeal Case 01 of and the rule of law. This was clearly 2015 (8 May): Boedoro v Carcasses [ ] . evident during 2015, when unprec- 2015 vuca 2 edented challenges to Vanuatu’s insti- ______. 2015b. Civil Appeal Case 21 of tutions of government were overcome 2015 (23 July): Speaker of Parliament v through the patient work of the court Natapei [2015] vuca 31. system—achieved without any public ______. 2015c. Criminal Appeal Case 12 violence or social unrest. of 2015 (20 Nov): Kalosil v Public Pros- ecutor [ ] . howard van trease 2015 vuca 43 488 the contemporary pacific • 28:2 (2016) vusc, Supreme Court of the Republic ______. 2015d. Constitutional Case 822 of Vanuatu. Available from Pacific of 2015 (16 Dec): Vanuaroroa v President Islands Legal Information Institute: of the Republic of Vanuatu [2015] vusc http://www.paclii.org 175. ______. 2014. Constitutional Case 10 of ______. 2015e. Criminal Case 73 of 2015 2014 (2 Dec): Carcasses v Boedoro [2014] (9 Oct): Public Prosecutor v Kalosil— vusc 155. Judgment as to verdict [2015] vusc 135. ______. 2015a. Constitutional Applica- ______. 2015f. Criminal Case 73 of 2015 tion 05 of 2015 (8 Oct): Nari v Republic (22 Oct): Public Prosecutor v Kalosil— of Vanuatu [2015] vusc 132. Sentence [2015] vusc 149. ______. 2015b. Constitutional Case 02 ______. 2015g. Criminal Case 762 of of 2015 (24 June): Natapei v Speaker of 2015 (7 Dec): Public Prosecutor v Kalosil Parliament [2015] vusc 92. [2015] vusc 173. ______. 2015c. Constitutional Cases 6 and 7 (21 Oct): Natuman v President of the Republic of Vanuatu; Vohor v Presi- dent of the Republic of Vanuatu [2015] vusc 148.