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National Integrity System Assessment Vanuatu 2014

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National Integrity System Assessment Vanuatu 2014 2012 CPI Score Very 90 - 100 Clean 80 - 89 NATIONAL INTEGRITY 70 - 79 SYSTEM ASSESSMENT VANUATU 2014 60 - 69 50 - 59 40 - 49 30 - 39 20 -29 10 - 19 Highly Corrupt 0 - 9 No data TABLE OF CONTENTS ACKNOWLEDGEMENTS 3 LIST OF ACRONYMS 4 I. FOREWORD 5 II. ABOUT THE NATIONAL INTEGRITY SYSTEM ASSESSMENT 7 III. EXECUTIVE SUMMARY 14 IV. COUNTRY PROFILE: FOUNDATIONS FOR THE NATIONAL INTEGRITY SYSTEM 19 V. CORRUPTION PROFILE 29 VI. ANTI-CORRUPTION ACTIVITIES 33 VII. NATIONAL INTEGRITY SYSTEM 1. LEGISLATURE 35 2. EXECUTIVE 49 3. JUDICIARY 60 4. PUBLIC SECTOR 72 5. LAW ENFORCEMENT 87 6. ELECTORAL MANAGEMENT BODY 100 7. OMBUDSMAN 112 8. SUPREME AUDIT INSTITUTION 129 9. ANTI-CORRUPTION AGENCIES 141 10. POLITICAL PARTIES 142 11. MEDIA 152 12. CIVIL SOCIETY 163 13. BUSINESS 175 14. CUSTOMARY AUTHORITIES 189 VIII. CONCLUSION 200 IX. BIBLIOGRAPHY 225 2 NATIONAL INTEGRITY SYSTEM ASSESSMENT VANUATU ACKNOWLEDGEMENTS Transparency International Vanuatu would like to thank all those who contributed to this assessment. We would like to give a special thanks to members of the local advisory group, who selflessly and tirelessly provided essential local expertise and guidance to help ensure the highest quality assessment possible, as well as to those who were interviewed, who provided information by email and who attended public meetings. We would also like to acknowledge the many individuals who provided a thoughtful review of one or more discussion papers to correct factual errors; and in particular Tess Newton Cain for her careful review. Transparency International project team Andrew McDevitt, quality assurance Maren Thompson, project coordination Lead researcher and author Anita Jowitt Research assistants Jessica Kim Kibeon H Nimbwen Sam Railau Research advisory group Mark Bebe, Former Director General Francis Bryard, Education Specialist Bryan Death, Tourism Councillor Vanuatu Chamber of Commerce and Industry Marie Noelle Ferrieux Patterson, Chairperson Transparency International Vanuatu Bob Makin, Freelance Journalist Viran Molisa, Solicitor General Steve Namali, National Custom Land Officer Malvatumauri Council of Chiefs Andrew Napuat, 1 st Political Advisor Minister of Lands Jeff Joel Patunvanu, Representative of the Leader of the Opposition (until government change in May 2014) Hon. Ralph Regenvanu, Minister of Lands Rebecca Solomon, Vanuatu National Youth Council Michael Taurakoto, CEO Wan Smolbag Pastor Shem Them, Secretary Vanuatu Christian Council Evelyne Toa, President Media Association of Vanuatu External reviewer Dr Tess Newton Cain 3 NATIONAL INTEGRITY SYSTEM ASSESSMENT VANUATU LIST OF ACRONYMS AusAID Australian Agency for International Development CBOs Community Based Organisations CEO Chief Executive Officer CRP Comprehensive Reform Programme CSOs Civil Society Organisations DCO Development Committee of Officials EU European Union ERA Act Expenditure Review and Audit Act GCTA Government Contracts and Tenders Act GDP Gross Domestic Product HDI Human Development Index INTOSAI International Organisation of Supreme Audit Institutions JSC Act Judicial Services and Courts Act MAV Media Association of Vanuatu MOU Memorandum of Understanding NGOs Non-Government Organisations OAG Office of the Auditor General PAC Public Accounts Committee PacLII Pacific Islands Legal Information Institute PACMAS Pacific Media Assistance Scheme PEO Principal Electoral Officer PJDP Pacific Judicial Development Programme PSC Public Service Commission UK United Kingdom UMP Union of Moderate Parties UN United Nations UNDP United Nations Development Programme US United States VANGO Vanuatu Association of Non-Government Organisations VAPP Vanuatu Australia Police Project VAT Value Added Tax VBTC Vanuatu Broadcasting and Television Corporation VCCI Vanuatu Chamber of Commerce and Industry VFSC Vanuatu Financial Services Commission VIPA Vanuatu Investment Promotion Authority VMF Vanuatu Mobile Force VNPF Vanuatu National Provident Fund VP Vanua’aku Party/Pati VPF Vanuatu Police Force VT Vatu 4 NATIONAL INTEGRITY SYSTEM ASSESSMENT VANUATU I. FOREWORD It gives me great satisfaction and pride to introduce this report for Transparency International Vanuatu. Vanuatu’s firs t National Integrity System report was released in 2004, with an update published in 2006. Transparency International Vanuatu is pleased to release our third National Integrity System report. Unfortunately, as Vanuatu has developed over the past three decades, so too has corruption in the various levels of government and related institutions. This has had widespread damaging effects on the country's political, economic and social development. The ongoing debilitating effects of entrenched corruption was the driving force that compelled us, after a gap of some eight years, to ask for this third National Integrity System report to be done, which is more far reaching than the previous two studies. This corruption manifests itself in many ways including: hiring and dismissing public officials based on political cronyism, “islandism” and nepotism; fabri cating costly “deeds of release” to settle invented law suits against the government; passport sales; by-passing proper procedures; and the widespread illegal acquisition and sale, for personal benefit, of state assets, especially public land, by certain leaders. Although these shocking abuses have been widely reported in the media and in ombudsman’ s public reports going back to the mid 1990s, very little has ever been done to punish or prosecute the wrongdoers or to recover for the public what has been in effect stolen from them. This lack of action has prompted corrupt leaders and other officials to believe that they are in fact above the law, in effect exempt from due legal process. This feeling of “immunity” has led to a mentality of “impunity” . This 2014 National Integrity System report adopts the new methodology developed by the Transparency International movement. In addition to the standard pillars associated with the Transparency International National Integrity System approach, TI-V has added a fourteenth pillar, customary authorities. This has been done because traditional kastom remains a large influence in Vanuatu, with the Malvatumauri Council of Chiefs having constitutional recognition, and consultative authority in terms of legislative reform and policy development. Transparency International Vanuatu is fortunate to have retained the services of the lead researcher who was involved in all three National Integrity System reports, and as such commenced the project fully versed in the project content, process and intention. This historical expertise proved extremely useful. A full National Integrity System report takes on average two years to complete, however, due to financial and time limitations Transparency International Vanuatu has completed this work in less than thirteen months and this is to be commended. Transparency International Vanuatu would like to thank all those involved in this project, and in particular recognise the support of Tran sparency International’s head office in Berlin for making the funds available to undertake the project. This was truly a team effort, and I would like to acknowledge all Transparency International Vanuatu team members. Whether directly involved or not, every team member played a role in ensuring the success of this project. 5 NATIONAL INTEGRITY SYSTEM ASSESSMENT VANUATU I would also like to acknowledge the outstanding commitment of all external members of the advisory group, as well as all those involved in the consultative processes which have led to the completion and recommendations contained within this report. Without their tireless contribution, this report would not have been possible. Our hope is that this report will be a useful instrument for both the leaders and employees within official institutions, and the public, to help everyone understand and assess the various authorities within the country, so that we can all work together to restore integrity to all levels of government and build a better, stronger and happier Vanuatu, not just for ourselves but for our children. Marie-Noelle Ferrieux-Patterson Chairperson Transparency International Vanuatu (until June 2014) 6 NATIONAL INTEGRITY SYSTEM ASSESSMENT VANUATU II. ABOUT THE NATIONAL INTEGRITY SYSTEM ASSESSMENT The National Integrity System assessment approach used in this report provides a framework to analyse both the vulnerabilities of a given country to corruption as well as the effectiveness of national anti-corruption efforts. The framework includes all principal institutions and actors that form a state. These include all branches of government, the public and private sector, the media, and civil society (the ‘pillars’ as represented in the diagram below). The concept of the National Integrity System has been developed and promoted by Transparency International as part of its holistic approach to fighting corruption. While there is no blueprint for an effective system to prevent corruption, there is a growing international consensus as to the salient institutional features that work best to prevent corruption and promote integrity. A National Integrity System assessment is a powerful advocacy tool that delivers a holistic picture of a country’s institutional landscape with regard to integrity, accountability and transparency. A strong and functioning National Integrity System serves as a bulwark against corruption and guarantor of accountability, while a weak system typically harbours systemic corruption and produces a myriad
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