Political Reviews

The Region in Review: International Issues and Events, 2016 nic maclellan

Melanesia in Review: Issues and Events, 2016 alumita l durutalo, budi hernawan, gordon leua nanau, howard van trease

321 political reviews • melanesia 361

-wharf-concerns-residents [accessed 10 Tarte, 21–24. Suva: University of the South April 2017] Pacific; Canberra: Australian National University. ———. 2016b. Flood Victims Get Relief Supplies. Solomon Star, 9 Dec. unocha, United Nations Office for the Coordination of Humanitarian Affairs. Sanga, Lesley. 2017. Plight of Islanders: 2017. Country Profiles: Solomon Islands. Sea Level Rise Takes Its Terrible Toll on http://www.unocha.org/pacific/country Fanalei Villagers. Sunday Star, 8 Jan. -profiles/solomon-islands [accessed sibc, Solomon Islands Broadcasting 10 April 2017] Corporation. 2016. wvsi+kits fo South Mala. 20 Dec. http://www.sibconline.com .sb/wvsikits-fo-south-mala/ [accessed 10 April 2017] Vanuatu sprep, Secretariat of the Pacific Regional Following one of the most tumultuous Environmental Programme. 2016. Pacific years in Vanuatu’s history with the Islands Help Bring Paris Agreement into trial, conviction, and imprisonment of Force. 5 Nov. http://www.sprep.org/ fourteen members of Parliament ( s) climate-change/pacific-islands-help-bring mp -paris-agreement-into-force [accessed on charges of bribery and corruption, 10 April 2017] there was some hope at the beginning of 2016 that things could only get ss, Solomon Star. 2016a. Churches Given better, though remnants of past events Drinking Water. Dec. 30 still remained to be dealt with. Unfor- ———. 2016b. Crucial Emergency Com- tunately, the country faced serious munication System to ndmo. 15 Dec. economic problems stemming from http://www.solomonstarnews.com/news/ the destruction brought in March national/11945-crucial-emergency 2015 by Cyclone Pam—a category five -communication-system-to-ndmo storm that ravaged the archipelago’s [accessed 8 April 2017] eastern and southern islands as well ———. 2016c. Heavy Rain Threatens as the nation’s capital of Port Vila. Tailings Facility. 7 April. http://www The surprise dissolution of Parliament .solomonstarnews.com/news/national/ in November 2015, which triggered 10086-heavy-rain-threatens-tailings a snap election, was not welcomed -facility [accessed 10 April 2017] initially but did have the effect of ———. 2016d. World Vision Joins Govt finally removing the discredited care- Relief Efforts. 12 Dec. taker government of Sato Kilman and sto, Solomon Times Online. 2016. allowing for a fresh start with a host Tropical Low Moves across Solomon of new politicians (Van Trease 2016, Islands. 29 Nov. http://www.solomontimes 484–487). .com/news/tropical-low-moves-across Despite the short time between -solomon-islands/8663 [accessed 8 April when the election was announced 2017] (21 November 2015) and the actual Tong, Anote. 2016. “Charting Its Own voting day (22 January 2016), the Course”: A Paradigm Shift in Pacific electoral process itself proceeded in Diplomacy. In The New Pacific Diplo- the normal way with few problems, macy, edited by Greg Fry and Sandra though the voter turnout was low—a 362 the contemporary pacific • 29:2 (2017) mere 57 percent of registered voters votes cast. The results were divided as compared to 70.4 percent in 2008 follows: 58.7 percent for the top ten and 63.2 percent in 2012. Likewise, parties, 22.8 percent for the remaining several political parties faced difficul- twenty-seven smaller parties, and 18.5 ties in organizing their campaigns, due percent for the sixty-two independents in part to the fact that their leaders (Republic of Vanuatu 2016; Early had been imprisoned. Indeed, fifteen 2016). members of the last Parliament were The root of the problem lies in the banned from contesting the election— fact that Vanuatu’s political culture the fourteen who had been convicted has undergone a significant change plus Willy Jimmy, who pleaded guilty since the early days of independence, and received a suspended sentence. when politics was dominated by only Under section 42 of Vanuatu’s Lead- two main parties—the Vanua‘aku ership Code, when a leader is con- Pati (vp) and the Union of Moderate victed of a breach of the code and is Parties (ump)—with the vp wining dismissed from office, “the leader is a majority of the seats in 1979 (the disqualified from standing for election election just before independence) as, or being appointed as, a leader of and again in 1983 and 1987. Vanuatu any kind for a period of 10 years from uses the Single Non-Transferable Vote the date of the conviction” (Leader- (sntv) system for its nine multi-seat ship Code Act 2006). The selection of constituencies and First Past the candidates was made more difficult Post (fptp) for the remaining eight in some cases when it was rumored single-seat constituencies. The sntv that several imprisoned individuals was adopted to provide a degree of attempted to influence decisions from proportionality, as required under the their cells. constitution, and worked well dur- As a result of the confusion, ing the 1980s. In 1991, however, the fewer candidates contested the elec- vp split, with the result that no single tion—270, representing a total of party obtained a majority, therefore thirty-seven parties plus sixty-two requiring the formation of a coalition independents—compared to 349 government—the pattern that has candidates in 2008 and 345 in 2012. existed since that time (Van Trease Nevertheless, the number was still 2005). large enough to have an impact and to The bribery case and imprison- split the vote, as has been the pattern ment of elected mps was obviously a since the 1990s, to the extent that no prominent issue during the campaign, single party was able to gain a major- but it is clear that it did not have an ity in the fifty-two-seat Parliament. overwhelming impact on the results. The result, once again, was the need There was not a major swing against to form a coalition government. It the parties that constituted the Kilman should be noted that the majority of government as might have been the parties were newly created (ie, expected, given the number of mem- they did not contest earlier elections), bers who had been found guilty and fielded very few candidates, and only imprisoned. The fact was, however, received a small percentage of the total that all the former Kilman government political reviews • melanesia 363 parties were represented in the elec- remaining at 4, rmc remaining at 3, tion and with few exceptions suc- and mpp down from 2 to 1. ceeded in getting members elected—in A better description of the elec- most cases achieving a level of success tion results was that, as usual, they similar to what they had enjoyed in reflected “localised and clientelistic the 2012 election or slightly better. policy platforms, widespread patron- Compared to 2012, the results were age, political fragmentation, and a as follows: the Green Coalition (gc) proliferation of small parties” (Naupa down from 3 to 2, the Iauko Group 2016). Moreover, they indicate that up from 3 to 4, the ump up from 5 to the old Anglophone/Francophone 6, the People’s Progressive Party (ppp) divide still played a part in the elec- down from 6 to 1, and the Vanuatu tion. Indeed, it was not uncommon Republican Party and the Natatok to hear former Kilman government Indigenous People’s Democratic candidates claim that the conviction Party both losing their single seats in of the former government mps was 2016. The poor showing of ppp, the politically motivated, pointing to the party of Prime Minister Sato Kilman, fact that corruption was not new to reflects his weak performance during Vanuatu politics, but that few corrupt the crisis in the last months of 2015, politicians had been indicted in the which probably undermined the party past. The fact that the majority of nationally, though he received the the convicted members were them- highest total vote among the seven selves Francophones and members of candidates on his home island of traditionally Francophone parties (eg, Malakula. the ump, the gc, the Vanuatu Repub- However, the parties that had lican Party, and several from the rmc, constituted the Opposition under which had split) fed the perception of former Prime Minister Joe Natuman some that the old Anglophone/Fran- prior to the January 2016 election— cophone rivalry was still a divisive the vp, National United Party (nup), factor in Vanuatu politics. This is not Graon mo Jastis Pati (gjp), Ras- to say that Francophones are more semblement Des Mouvements Pour Le prone to corruption than Anglophones Changement (rmc), and Melanesian but rather that the former Opposi- Progressive Party (mpp)—were quick tion pressed their case against those to point out that their accusations mps suspected of bribery, and their of corruption and moves against common party affiliations led to this members of the Kilman government perception. had been vindicated and they would In early January, as the campaign have used this fact to promote them- got underway, party leaders who had selves. Nevertheless, the results do not worked together in the Opposition indicate that this argument had much met on Pele Island to negotiate an effect on voter opinion. Compared to agreement to form the next govern- the 2012 election, the results in 2016 ment. They established what they for the major parties that made up the called the Unity Front for Change Opposition were mixed: the vp down (ufc), which included the vp, nup, from 8 to 6, gjp up from 4 to 6, nup gjp, mpp, and Hope Party (vdp, 5 Jan 364 the contemporary pacific • 29:2 (2017)

2017). By February, following publica- Charlot Salwai—a Francophone who tion of the election results, the number had split from the ump the previous had grown to eleven political groups, year, founded his own rmc party, with a total of thirty-six newly elected and worked with the Natuman-led mps, who signed a memorandum Opposition during the period of the of understanding to work together bribery scandal. Clearly, Regenvanu toward the formation of a new coali- and Natuman were prepared to forgo tion government. In addition to the pressing their own claims for the original five parties, the new group- prime ministership for what they saw ing also included the rmc, gc, ump, as a positive move toward creating Vanuatu National Development Party, political stability into the future. Both Nagriamel Movement, and Leaders the gjp and vp had won six seats each Group (vdp, 4 Feb 2016). compared to only three for the rmc. As is usual in Vanuatu during The new government cabinet, which the period of coalition formation, was confirmed when Parliament sat the opposing camp, which included for the first time on 12 February 2016, members of the Kilman-led caretaker consisted of eight parties and two government, disavowed the claims of independents—seven Anglophones the ufc, announcing to the Vanuatu and six Francophones. Daily Post that they themselves would Despite a few shifts in party loy- be forming the new government when alty, the new coalition government Parliament met for the first time on 12 remained fairly stable during the first February. However, with word spread- half of the year. The only significant ing that the ufc group was discussing changes occurred in April, when a joint policy platform for the first recount of votes for the Efate rural one hundred days and negotiating the constituency led to the runner-up in difficult task of sharing ministerial the four-seat constituency, gjp can- portfolios, the expectation was strong didate Gillion William, replacing the that the old, criminally tainted govern- mpp candidate Nato Taiwia, who had ment of Sato Kilman had been swept served briefly as minister of youth and away (vdp, 9 Feb, 10 Feb 2016). sport (vdp, 13 April, 25 April 2016). At the Pele meeting, reelected gjp In addition, a gjp candidate, Uri leader Ralph Regenvanu was a prime Warawara, won in a by-election for mover in the negotiations on govern- the Malo/Aore constituency following ment formation, and the results reflect the death of the successful Nagriamel well his desire to see a new beginning candidate in January (vdp, 18 June, in Vanuatu politics. He is committed 30 June 2016). The effect of these two to the idea of promoting new politi- events was to increase the total num- cal alliances—balancing both Anglo- ber of gjp mps from 6 to 8, making it phones and Francophones—to replace the largest party in Parliament. the old divisions that since the 1990s The party that seemed to have had only led to political instability difficulty getting organized after the and chaos. Not surprising, there- election was the ump, which initially fore, the newly elected mps quickly committed itself to join in forming coalesced around the candidacy of the new government in February. political reviews • melanesia 365

However, the party executive was in items (vdp, 15 Sept 2016). Luckily for conflict due to the fact that the party the government, it had a solid base of leader, Serge Vohor, was in jail and member support, which meant it could continued to try to exert his influence survive such party instability. (Vanuatu Daily Digest, 5 Feb 2016). The 100 Days Plan, which Prime By April, the party was split, with half Minister Salwai launched on 26 continuing to endorse Vohor as presi- February, focused on development dent and the other half refusing to give priorities. First mentioned was the support (vdp, 22 April 2016). By May, examination of the country’s financial the split deepened with Vohor opening situation—to put in place cost-cutting the ump congress via telephone from measures and explore possible new the Low Risk Correctional Services sources of revenue, including a review facility where he was imprisoned and of the tax base. Related to this, the being elected the party’s president with new government expressed the desire Ishmael Kalsakau as deputy. Within to see an increase in the participation forty-eight hours, a second president, of Ni-Vanuatu in the economic sector, Jacques Mariango, was elected by the including trade and tourism, and saw opposing faction, based on Efate (vdp, the strengthening of the coopera- 21 May 2016). By late June, the split tive movement as vital to achieving had reached the point that one of the this objective. The plan specifically ump Efate mps, Norris Jack Kalmet, mentioned the implementation of had joined the government as the new the Land Law Reform, which had minister for youth and sport (vdp, 29 begun with the passage in 2015 of the June 2016). The Vohor faction with Custom Land Management Act and Ishmael Kalsakau as deputy remained focused on strengthening procedures in Opposition. related to land leasing to better protect Yet another shift in party loyalty the rights of custom owners. With related to the ump occurred in April, regard to internal affairs, the govern- when three Iauko Group mps decided ment highlighted its aim to review the to join the Efate faction in support of decentralization policy and to work the Salwai government (vdp, 23 April toward strengthening the Vanuatu 2016). In late May, two other Iauko Police Force, which still suffers from Group members defected and joined weaknesses in leadership. The plan the ppp—the result being that for the pointed to the need to review Vanu- moment the Iauko Group disappeared atu’s various international agreements as an independent political party in and relationships and, as would be Parliament (vdp, 30 May 2016). By expected, there was a focus on the mid-September, the Iauko Group had various social sectors, including the reconstituted itself and agreed to work judiciary, health, and education (vdp, together with the vp—from which it 27 Feb 2016). had split several years earlier—and the The Opposition bloc was quick to five mps confirmed their willingness to comment on the policies announced cooperate in a custom reconciliation by the new government, claiming ceremony involving the killing of a pig strangely that pardoning of the four- and the exchanging of mats and other teen imprisoned politicians was one 366 the contemporary pacific • 29:2 (2017) of the features of the 100 Days Plan. served just three months of their three- The Prime Minister’s Office responded and four-year jail terms. that the issue of pardon was “not It should be noted that while a development” and therefore not a Community Parole Board considers “prioritized target” of the govern- a parole application, under chap- ment. With some of their own party ter 6, article 38 of the constitution, leaders imprisoned, Opposition mem- “The President of the Republic may bers were determined to find a way to pardon, commute or reduce a sentence achieve their release or at least reduce imposed on a person convicted of an their sentences. The fate of the impris- offence. Parliament may provide for oned politicians, convicted of bribery a committee to advise the President in charges in October 2015, continued the exercise of this function” (Con- to be a focus of attention throughout stitution of the Republic of Vanuatu most of 2016. 2006). With the events of Octo- Indeed, one day before the new ber 2015 in mind (when the acting government was sworn in—when president, Marcellino Pipite, pardoned the government was still in care- himself and some of the other politi- taker mode under Sato Kilman—the cians who had been convicted on imprisoned politicians applied to the bribery charges before they could be Parole Board to be considered for sentenced), Parliament decided to take early release. All the applications up the option provided in article 38 requested consideration on compas- and tabled a motion to set up such sionate grounds—several citing health a committee to advise the president. reasons. Likewise, the day before the Over objections from the Opposition release of the 100 Days Plan, Leader that the mechanisms pertaining to the of the Opposition Ishmael Kalkasau functioning of the committee were not (ump) called on the head of state, specified, the motion passed with 33 President Baldwin Lonsdale, and votes in favor to 9 against (vdp, 26 raised the possibility of pardoning the March 2016). imprisoned politicians (vdp, 29 Feb The next chapter in the saga of 2016). A further request for parole the convicted politicians began in consideration was rejected at a meet- April, when two of the fifteen mps ing of the Parole Board in early March convicted of bribery the previous (vdp, 4 March 2016). year—Willy Jimmy, who was serv- These efforts were unsuccessful ing a suspended sentence, and Silas because of the simple fact that, under Yatan, who was still in jail—appeared section 51(1) of the Correctional before the Appeal Court to challenge Services Act [Eligibility for Parole], the their dismissal as leaders (vdp, 9 April prisoners were not eligible. The act 2016). In the 2015 bribery trial, Judge stipulates that “a detainee is eligible Mary Sey had charged the accused for consideration by a community mps under the Penal Code, leaving the parole board for release on parole issue of breaches under the Leader- upon the expiry of a half of his or her ship Code to be dealt with later. Judge sentence” (Correctional Services Act Sey had made this decision due to an 2006). At this point, the fourteen had earlier ruling that an irregularity had political reviews • melanesia 367 occurred with regard to the alleged Thomas Laken, Jean-Yves Chabot, breaches of the Leadership Code. Jonas James, and lawyer Wilson Following an appeal to the Supreme Iauma (vdp, 11 May 2016). It should Court by the public prosecutor for be noted that Moana Carcasses Kalosil clarification in view of the convic- attended the meeting at Mangoes tions handed down under the Penal Restaurant (in Port Vila) where an Code, Judge David Chetwynd con- agreement was made to attempt a firmed orders, as stipulated under the pardon, but he chose not to become Leadership Code, “dismissing all the involved. Likewise, Serge Vohor, John Defendants from office and disqualify- Amos, and Stephen Kalsakau, appar- ing them from standing for election ently, did not get involved. The case or being appointed as a leader of any involved several months of prepara- kind for a period of 10 years” (vusc tion, with the recruitment by the 2015). defendants of foreign lawyers and a The appeal was based on the argu- pretrial hearing (vdp, 10 June 2016). ment that the two former mps “were The charges involved the activi- no longer leaders when the ban was ties of the defendants over three days, made December last year [2015] after 9–11 October 2015, which took the Leadership Code charges were place at Mangoes Restaurant and the invoked by the Public Prosecutor. . . . Ministry of Infrastructure and Public Willy Jimmy and Silas Yatan claimed Utilities, and concerned the plotting the December decision should have and execution of a plan—includ- happened earlier in October when ing the formulation and printing of they were initially convicted for brib- documents—to use the absence of the ery and corruption.” The view of the president from Vanuatu to affect their Appeal Court was, however, that the pardon in the bribery and corruption argument was “misconceived” and case. The case lasted for two weeks in that the Supreme Court’s decision to August (vdp, 3 Aug, 4 Aug, 9–12 Aug, ban the fourteen convicted politicians 16 Aug, 17 Aug 2016). The onus to from holding office for ten years was prove guilt lay with the prosecution, correct (vdp, 15 April, 16 April 2016). and it was the conclusion of presid- The next major chapter in the ing Supreme Court Justice David bribery and corruption saga was the Chetwynd that all the defendants case against eleven of the jailed politi- were “guilty of conspiracy to defeat, cians and one of their assisting lawyers obstruct or prevent the course of jus- on charges of conspiracy to defeat tice in that they all, between the time the course of justice, related to the of conviction on 9th October 2015 decision by the acting president at the and 11th October 2015, asked for or time, Marcellino Pipite—the president arranged pardons to be granted with was overseas—to pardon himself the intention that they escaped any and ten other convicted, but not yet sanction of the Court” (vusc 2016a). charged, mps. In addition to Pipite, the Sentencing took place at the end group included Paul Telukluk, Silas of September (vdp, 30 Sept 2016). Yatan, Tony Nari, John Amos, Arnold Judge Chetwynd based his decisions Prasad, Tony Wright, Sebastien Harry, on the degree to which he felt each 368 the contemporary pacific • 29:2 (2017) of the individuals had been involved they were asked by their lawyers to in promoting the illegal pardon. He appear in the Magistrate Court with viewed Marcellino Pipite as having regard to the bribery charges—Parlia- been the “lynch pin in this conspir- ment was in session. As a result, they acy. . . [and] the most culpable of all claimed that their appearance involved the defendants” and gave him four a prosecution of the applicants in years. Toni Nari was also seen as “one breach of article 27 (2) of the constitu- of the prime movers . . . His enthu- tion, which states that no member of siasm and his eagerness at the very Parliament “may, during a session of early stages of the conspiracy drove Parliament or of one of its commit- the others on” and he was sentenced tees, be arrested or prosecuted for any to three years and six months. The offence, except with the authorization remaining mps—with the excep- of Parliament in exceptional circum- tion of Jonas James, who received a stances.” As a result, the application sentence of two years—were all given called for the decision of the 2015 sentences of between two years and bribery case and its subsequent cases three months and three years and to be quashed. The chief justice ruled six months in addition to time given when hearing the case that it should for the bribery offense. Comment- be dealt with by the Supreme Court ing that he recognized that Wilson (vuca 2016). Iauma, the only lawyer charged in the When the case was heard in conspiracy, had faced heavy pressure November 2016, Supreme Court from his employer, the judge felt that Judge J P Geoghegan dismissed the “as a lawyer and officer of the court claim that the constitutional rights of he should, quite frankly, have known the former mps had been breached. better. . . . [and that] all the lawyers He based his decision on the fact that involved should face some sanction.” the 12 June 2015 hearing “was not Iauma was sentenced to two years and a hearing which the applicants were nine months in addition to the time required to attend or which they given for the bribery offense (vusc were compelled in any way to attend. 2016b). They were not subject to bail condi- In mid-October the seven jailed tions at that time and had not been former mps made a last attempt to served with summonses to attend find a way to freedom. On 13 Octo- Court. In the circumstances they were ber 2016, they testified in the Appeal completely within their rights not Court in a case lodged by Moana to attend Court and the advice that Carcasses Kalosil in July 2016 on they received from their lawyers was behalf of all fourteen imprisoned wrong” (vusc 2016c). This did not former mps, claiming that “they were end the discussion of the imprisoned protected by parliamentary immunity mps, but it ceased at least for the rest when prosecuted for bribery last year of the year. [2015]” (vdp, 15 Oct 2016). The crux In June, a topic that had been under of their argument was that during discussion by a special committee for the period between 8 and 16 June in months—the Taskforce for Politi- 2015—during which time (on 12 June) cal Reform led by Minister of Lands political reviews • melanesia 369

Ralph Regenvanu—seemed at last to ers of the prime minister and other have reached the point where serious ministers following the dissolution public consideration and government of Parliament and before an election; action might be possible and it was regulate the occurrence of votes of no announced that a special sitting of confidence against the prime minister; Parliament would be arranged to table and expand the definition of a leader and debate proposed changes to the to include individuals in the private constitution. There had been attempts sector working with the government in the past—in 1994 and 2004—to (vdp, 4 June 2016). address this issue in response to the Within a few days, the Opposition increasing political instability related let it be known that they were not in to the continual need to create coali- support of the constitutional changes, tions of parties in order to govern, that is, that they did not support the but they failed to gain the necessary government’s strategy. The leader parliamentary support to proceed. of the Opposition, seasoned lawyer The fact that the government, with Ishmael Kalsakau, was very clear thirty-nine mps, held an overwhelming when he announced that “the Gov- majority and, in effect, the two-thirds ernment needs to consult the people of Vanuatu’s fifty-two-seat Parliament before bringing any amendments to amend the constitution, motivated to the Constitution to Parliament” the new government to move ahead. (vdp, 8 June 2016). He reminded the A bill was prepared incorporat- government that while the constitution ing twenty-five amendments, the permits amendments to be passed by 7th Constitutional Amendment to Parliament with a two-thirds majority Vanuatu’s Supreme Law, which the of mps present (article 85), it stipulates government planned to debate in a under article 86 that any amendment special sitting of Parliament scheduled bill “regarding the status of Bislama, to take place on 9 June 2016. English and French, the electoral Broadly, the amendments were system, or the parliamentary system, designed to enable the regulation of passed by Parliament under Article 85, political parties; safeguard political shall not come into effect unless it has stability by imposing certain restric- been supported in a national referen- tions on elected candidates and dum.” Clearly, most of the proposed parties; regulate the involvement of changes related to the electoral system naturalized citizens in Vanuatu poli- and parliamentary system and would tics; enable the regulation of reserved require a referendum to enable their seats for women; regulate cost- adoption into the constitution. effective election procedures; change It was not surprising, therefore, the procedure for the appointment of when the Opposition boycotted the the Speaker of Parliament; provide first session of the special sitting, for the independence of the auditor preventing Parliament from proceed- general; extend the life of Parliament ing. The number of mps present was from the current four to five years; 35, that is, 4 short of the 39 (75%) regulate the powers of Parliament to required for a quorum. The Speaker dissolve Parliament; regulate the pow- advised that the next sitting would be 370 the contemporary pacific • 29:2 (2017) delayed for a week to 16 June, when would appoint a twenty-seven-mem- only a two-thirds majority of mps ber Bipartisan Constitutional Review would be required for the sitting to Committee to debate how to reduce go ahead. At the same time, in obvi- Vanuatu’s endemic political instabil- ous response to the objections raised ity. Members would include the leader by the Opposition, the prime minister of the Opposition, representatives of announced that the government had each of the political parties in Parlia- decided to table a motion to establish ment, two independent mps chosen a Constitutional Reform Committee, by the Speaker, and representatives which would initiate public discussion from the Vanuatu Christian Coun- before proceeding to a referendum cil, Malvatumauri National Council (vdp, 10 June 2016). of Chiefs, Department of Women’s In the meantime, preparation was Affairs, National Youth Council, underway for the first ordinary session Chamber of Commerce, Council of of Parliament to meet on 13 June to Trade Unions, Vanuatu Association debate twelve other bills (vdp, 11 June of Non-Governmental Organisations 2016). However, before Parliament (vango), and Disabled Society. It was could sit, following an urgent consti- reported that the mps agreed unani- tutional petition filed by the leader of mously to take all issues requiring a the Opposition, Supreme Court Judge referendum to the committee. Minister Oliver Saksak restrained the Speaker Regenvanu informed the press that from convening and opening the first a massive awareness campaign was ordinary session. The argument from planned to be presented around the Ishmael Kalsakau was that there had country in August (Vanuatu Daily been an infringement of the consti- Digest, 17 June, 21 June 2016). tution “because the Speaker has no Another major issue that aroused power to call to order another session significant debate—increasing as the while a Special Sitting is in motion” year progressed—was an announce- (vdp, 14 June 2016). The next day, the ment following from the 100 Days Supreme Court refused a stay order Plan to instigate a “national revenue application from the Speaker and, at review reform” with “the possibil- the same time, the leader of the Oppo- ity of introducing new forms of taxes sition defended his action—not as such as the personal income and “political point scoring” but merely as corporate tax to help bring the desired a “constitutional issue affecting rights revenue level needed” (vdp, 15 June [that] should not be dramatized into a 2016). A month later, the first serious political issue” (vdp, 16 June 2016). opposition emerged with the Chamber The special parliamentary sitting of Commerce voicing its concern that took place with fifty mps present, “imposing an income tax will drive during which it was agreed to estab- away foreign investment” and that lish a Parliamentary Ad Hoc Commit- the Value Added Tax (vat) should be tee to consult with the people over the raised instead and efforts to improve proposed 7th Constitutional Amend- compliance instigated (vdp, 21 July ment to Vanuatu’s Supreme Law. It 2016). Government planning, how- was planned that the prime minister ever, continued with the announce- political reviews • melanesia 371 ment in August that the Cabinet of Oct 2016). By the end of October, the Ministers had approved a new tax Tourism Owners Association spoke plan, expressing the argument that “as out strongly against the introduction the demand for services continues to of income and corporate taxes, argu- grow, the Government is finding it dif- ing that their investments would be ficult to finance these demands” (vdp, significantly harmed. 18 Aug 2016). The plan would require By this point, the government anyone to pay income tax who earned seemed to back off on the issue— more than 500,000 vatu per year, an responding, perhaps, to the fact amount that was eventually increased that tourism, recognized as the most to 750,000 vatu [100 vatu = us$.90] important source of revenue for the (vdp, 25 Aug 2016). To lead public government, was increasing. Indeed, discussion, the government established there had been significant criticism of a Revenue Review Team, which held the government regarding the slow a number of meetings in an attempt pace of repairing the main airport to gather public reaction and expand runway at Bauerfield in Port Vila. public support. The problem had existed for several Opposition to the new tax propos- years and had worsened since 2015, als began to mount in September with due most likely to damage caused by comments appearing in the Daily Post the heavy military cargo planes that and on talk radio from representa- had been used to ferry relief supplies tives of the business community, who to Vanuatu in the wake of Cyclone took the position that the income Pam. In January, Air New Zealand threshold was too low (vdp, 1 Sept suspended service to Port Vila due 2016). The Opposition also voiced to the damaged airstrip and Virgin its disapproval of the tax proposals Airlines followed suit a few days and urged the government to “con- later (vdp, 23 Jan, 29 Jan 2016). sider other revenue raising measures Qantas also stopped its codeshare before considering introducing income arrangements with Air Vanuatu, and corporate taxes in Vanuatu”; the leaving only the national airline, Fiji government responded that it would Airlines, and Solomon Airlines to embark on a nationwide consultation service Vanuatu (vdp, 25 April 2016). regarding the income tax plan (vdp, Virgin resumed flying in May, but 12 Sept, 13 Sept 2016). There were the other two major overseas carriers mixed reactions to the plan, with the remained absent from Vanuatu skies leader of the Opposition speaking for the remainder of the year (vdp, out most strongly against it (vdp, 21 24 May 2016). The impact on the Sept, 22 Sept 2016). The government tourist industry was significant and responded by accusing him of “speak- remained a major issue for the govern- ing for the interests of a small group ment for the rest of the year, adding of businessmen who are his friends” to economic concerns and increasing and criticized him for trying to force pressure. Sorting this out has revealed the Speaker to convene the 2nd Ordi- the negative impacts of political inter- nary Session of Parliament, creating ference in bodies like Airports Vanu- confusion among the public (vdp, 3 atu. Air Vanuatu ultimately needed a 372 the contemporary pacific • 29:2 (2017) us$4 million government bailout to Parliament was scheduled to open keep operating. on 8 December, but the Opposition By November, a combination of mps boycotted the session, though events began to create a sense that thirty-three mps on the government the government might be under side were present. Since a two-thirds threat. Opposition groups had expe- majority is required for the first rienced consecutive defeats related sitting, the Speaker ruled that the to the fate of their imprisoned com- opening would be delayed until the rades. In August, those involved following week—Monday, 12 Decem- with Marcellino Pipite in attempting ber. As a result of the situation, Parlia- to “defeat, obstruct or prevent the ment was not scheduled to meet for course of justice” (vusc 2016a) had certain in the next week for its Special been convicted and sentenced, and Sitting to debate the Report of the in November the appeal by Moana Ad-Hoc Committee on Constitutional Carcasses Kalosil to have all charges Review (vdp, 9 Dec 2016). However, dismissed—arguing that their right under the circumstances, the prime to immunity had been violated—was minister requested that the Special rejected (vusc 2016c). Likewise, the Sitting be canceled. By the following government was finding it difficult to week, when Parliament met for its make progress with either its pro- Ordinary Session, it was clear that the posed constitutional changes or tax Opposition did not have the number reform. The inclination of some mps of votes to prevail, with thirty-three to switch party allegiance may have mps sitting on the government side; led the Opposition to think that they the deputy leader, therefore, withdrew had a chance to topple the government the motion. The Salwai government and, therefore, they made plans to act thus remained in power as the year during the forthcoming 2nd Ordinary came to an end. Session of Parliament. howard van trease On Wednesday, 24 November, the Speaker announced that he had received a motion of no confidence References signed by thirty-one mps, though six of the signatures had since been with- Constitution of the Republic of Vanuatu. drawn, and that it was in order and 2006. Available from Pacific Islands Legal Information Institute: would be dealt with on November. 30 http://www.paclii.org Reasons given for the motion included objections to the amendments to the Correctional Services Act. 2006. Vanuatu constitution, opposition to the pro- Consolidated Legislation. Available from posed tax reforms, and criticism of the Pacific Island Legal Information Institute: http://www.paclii.org prime minister’s recent trip to China. The prime minister made several Early, Robert. 2016. Vanuatu Parliamen- changes to his ministerial portfolios in tary Snap Election 2016: Some Additional an attempt to strengthen the govern- Tables of Results. Manuscript in author’s files. ment’s position (vdp, 24 Nov 2016). The 2nd Ordinary Session of Leadership Code Act. 2006. Vanuatu political reviews • melanesia 373

Consolidated Legislation. Available from vdp, Vanuatu Daily Post. Newspaper. Pacific Islands Legal Information Institute: Port Vila. http://www.paclii.org vuca, Court of Appeal of Vanuatu. 2016. Naupa, Anna. 2016. Vanuatu Election Civil Appeal Case 2180 of 2016 (22 July): Outcome: Can a New Coalition Govern- Kalosil v Republic of Vanuatu [2016] ment Kick-Start the Economy? The Inter- vuca 35. Available from Pacific Islands preter, 2 Feb. https://www.lowyinstitute Legal Information Institute: http://www .org/the-interpreter/contributors/articles/ .paclii.org. anna-naupa [accessed 11 April 2017] vusc, Supreme Court of the Republic Republic of Vanuatu. 2016. Publication of Vanuatu. Available from Pacific of Results and Declaration of Candidates Islands Legal Information Institute: Elected for the 2016 Snap Election, Order http://www.paclii.org. No 9 of 2016. Official Gazette: Extraordi- ———. 2015. Criminal Case 762 of 2015 nary Gazette 11 (1 Feb). Port Vila. (7 Dec): Public Prosecutor v Kalosil [2015] Van Trease, Howard. 2005. The Opera- vusc 173. tion of the Single Non-Transferable Voting ______. 2016a. Criminal Case 138 of System in Vanuatu. Journal of Common- 2016 (23 Aug): Public Prosecutor v Pipite wealth and Comparative Politics 43 (3): [2016] vusc 100. 296–332. ______. 2016b. Criminal Case 138 of ______. 2016. Melanesia in Review: 2016 (29 Sept): Public Prosecutor v Pipite Issues and Events 2015: Vanuatu. [2016] vusc 133. The Contemporary Pacific 28:773–788. ______. 2016c. Constitutional Case 1850 Vanuatu Daily Digest. News blog. of 2016 (11 Nov): Kalosil v Republic of vanuatudaily.wordpress.com/Category/ Vanuatu [2016] vusc 150. the-news-digested/