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Political Reviews The Region in Review: International Issues and Events, 2013 nic maclellan Melanesia in Review: Issues and Events, 2013 david chappell, jon fraenkel, gordon leua nanau, howard van trease, muridan s widjojo The Contemporary Pacic, Volume 26, Number 2, 459–552 © 2014 by University of Hawai‘i Press 459 524 the contemporary pacific • 26:2 (2014) nership. Canberra: ramsi. http://www tions of corruption within the govern- .ramsi.org/Media/docs/Rebuilding-a ment increased to unprecedented levels -Nation-RAMSI-EBook-185ca1c0-4b11 related to misuse of funds, shady land -4ea0-86ac-eb0110e15b66-0.pdf [accessed deals, questionable dismissals of public 31 March 2014] service officials, and the unexplained sibc, Solomon Islands Broadcasting death of the minister of infrastruc- Corporation. Daily Internet news service, ture and public utilities, Harry Iauko, Honiara. www.sibconline.com.sb rumored to be related to the arrival sig, Solomon Islands Government. 1984. in Port Vila harbor of a mysterious The College of Higher Education Act, super-luxury yacht, the Phocea, and 1984. No. 2 of 1984. Honiara: National its detention by the government due to Parliament of Solomon Islands. fraudulent ownership documentation. ———. 2011. The Mines and Minerals One of the hottest issues dur- (Royalties) Regulations 2011. Honiara: ing 2011, which was not completely National Parliament of Solomon Islands. resolved by the end of that year, was ———. 2012. Solomon Islands National ratification of Vanuatu’s bid to join University Bill 2012. No. 6 of 2012. the World Trade Organization (wto). Honiara: National Parliament of Solomon The government introduced a bill in Islands. Parliament in December and, despite opposition by most of the major non- SS, Solomon Star. Daily newspaper, Honi- ara. Online at www.solomonstarnews.com governmental organizations such as the Malvatumauri (National Council sto, Solomon Times Online. Daily of Chiefs), Chamber of Commerce, Internet news service, Honiara. Vanuatu Christian Council, and Vanu- www.solomontimes.com atu National Workers Union, it passed USP Beat. University of the South Pacific by a vote of 25 in favor, 20 against news magazine. Monthly. Suva. (including that of Minister of Justice Ralph Regenvanu), and one abstention (Van Trease 2012). The bill, however, remained unsigned by the president, Vanuatu His Excellency Iolu Johnson Abbil, This analysis covers a two-year who had gone overseas for health period—2012 and 2013—that encom- reasons as the year ended. The act- passes national elections in late 2012 ing president (the deputy speaker of and the eventual change of govern- Parliament) explained that he could ment the following year. As 2012 not sign the bill, as the president had began, however, moves by the Opposi- left instructions that he would not tion, led by Edward Natapei, to bring assent to wto ratification if it was down the Kilman-led government had unconstitutional, which had yet to be all but ceased, while rivalry within and determined (VDP, 17 Jan 2012). between political parties increased as According to the Vanuatu Constitu- individual politicians sought to posi- tion, “when a bill has been passed by tion themselves in anticipation of the Parliament it shall be presented to the national election, which was expected President of the Republic who shall in October. At the same time, allega- assent to it within 2 weeks.” Other- political reviews • melanesia 525 wise, if the president considers that the While it took until June 2012 for bill may be unconstitutional, “he shall the issue of Vanuatu’s membership in refer it to the Supreme Court for its the World Trade Organization to be opinion. The bill shall not be promul- completely resolved, there had been a gated if the Supreme Court considers significant political casualty in Janu- it inconsistent with a provision of the ary following the vote in Parliament Constitution” (chapter 4, article 16 the previous December. Having voted [3] and [4]). On his return to Vanuatu against the bill, Ralph Regenvanu in mid-January, however, the presi- was terminated as minister for jus- dent did not act on the bill, and the tice by Prime Minister Kilman and government was forced to bring a replaced by Charlot Salwai, member constitutional case against him. In of a new breakaway group from the his judgment, Chief Justice Vincent Union of Moderate Parties (ump) who Lunabek noted that the president had called themselves the ump for Change not assented to the bill, nor had he (umpc). In his termination letter, referred a case to the Supreme Court Kilman criticized Regenvanu for his in accordance with article 16 (3) and “continued actions and support for (4) of the constitution. In response to issues that have been contradictory the government’s case, the president to the collective policy decisions of expressed his concern about what he the Council of Ministers . [which] viewed as the “considerable lack of raised serious questions of loyalty consultation, as expressed by the pub- within the Council and members of lic before the bill was passed by Parlia- the government coalition” (VDP, 17 ment.” The president was expressing Jan, 18 Jan 2012). his disapproval of the bill rather than Regenvanu expressed disappoint- seeking a judgment on its constitution- ment at his termination in a long ality—in effect, posing the question interview reported in the Vanuatu of “whether or not the president can Daily Post, describing how he had refuse to assent to a bill.” The chief supported Kilman continually since justice, however, made it clear in his the 2008 election and by joining judgment that under the constitution the coalition in December 2010. He the president did not have the power agreed that he had not supported to refuse to sign a bill—only to refer the wto bill, nor the controversial a constitutional question about the appointment of Thi Tam Goiset, bill to the Supreme Court within two member of the well-known Dinh weeks of the bill having been pre- family, the previous December as sented to him. The president’s inaction roving ambassador to Russia (VDP, 3 constituted a “failure of omission” on Jan 2013). Likewise, he pointed out his part under the constitution, and he that he had opposed and was the only was, therefore, “invited to assent to member of Parliament (mp) to vote the Bill for the Protocol on the Acces- against the government bill to increase sion of Vanuatu (Ratification) Act No. salaries and benefits of politicians and 19 of 2011 by signing the copies of the had publicly expressed his opposition Bill” (Supreme Court 2012; VDP, 23 to the purchase of new vehicles for June 2012). several ministers. At the same time, 526 the contemporary pacific • 26:2 (2014) Regenvanu described the significant must not interfere in each other’s results he had achieved while heading internal affairs. Natapei declared three different ministries during the in February 2012 that any future previous year (Ni-Vanuatu business government of which the VP was a development, lands, and justice). On part would review the agreement (VDP, the positive side, Regenvanu noted 3 Feb 2012). that he was now free to practice the Despite strong protest from various policy that he had espoused while elements of the community, Kilman campaigning in the 2008 election: “to pressed on with his new strategy to provide a role model for good leader- engage with Indonesia. In May, he met ship as an mp and a national leader” the Indonesian ambassador to Vanu- and to focus on preparing the candi- atu in Port Vila to discuss possible dates of his Graon mo Jastis Pati (gjp, police and paramilitary training, and land and justice party) to contest the the next day an Indonesian military national elections at the end of 2012 plane arrived loaded with promised (VDP, 19 Jan 2012). aid, including computers, tractors, While Vanuatu’s membership in and other vehicles. That afternoon, a the World Trade Organization was peaceful demonstration at the airport finally resolved and did not feature by pro–West Papuan youths resulted prominently in the coming election in police arrests, to the dismay of debate, several other issues from the many Ni-Vanuatu, who viewed sup- past spilled over into 2012. The status port for West Papuan independence of West Papua continued to concern as an established policy of the govern- many Ni-Vanuatu—representatives of ment. A spokesman for the Kilman the Free West Papua movement have government responded by saying that had an office in Vanuatu since the after thirty years of failing to change early 1980s. Prime Minister Kilman’s the situation it was time for Vanuatu decision in April 2011 to side with to try a new strategy of engagement Fiji’s strongman, Frank Bainimarama, with Indonesia (VDP, 15–19 May to support granting observer status to 2013). As the election approached, Indonesia in the Melanesian Spear- there were suspicions that Indonesia head Group (msg) was very contro- was funneling money into Vanuatu to versial and elicited numerous articles support particular politicians (VDP, 28 and letters to the editor condemning Sept 2012). the move as a betrayal of Vanuatu’s The politics of land in Vanuatu is Melanesian brothers and sisters in another issue that never seems to be West Papua (Van Trease 2012, 428). resolved. Numerous land disputes The Kilman government had also were reported in the daily press during negotiated a Development Coopera- 2012, usually about custom ownership tion Agreement with Indonesia that related to proposed leasing to foreign concerned the leader of the Vanua‘aku investors. The ongoing problem is Pati (vp), Edward Natapei, because that, under Vanuatu law, the minister it recognized Indonesian sovereignty of lands had been given the right to over West Papua and stated specifi- grant a lease in any cases in which cally that the two signatory countries land was disputed, the proceeds to be political reviews • melanesia 527 held in trust until the rightful custom persisted, reaching a new level during owner(s) could be determined.

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