PACIFIC ECONOMIC BULLETIN Note

Vanuatu politics—two into one won’t go

David Ambrose Convenor, State, Society and Governance in Melanesia Project

…the best actors in the world, either Politics 1995–97 for tragedy, comedy, history, pastoral, pastoral-comical, historical-pastoral, tragical-historical, tragical-comical- The general elections in November 1995, historical-pastoral… Vanuatu’s fourth since independence, led (Shakespeare, Hamlet, Act II (ii)) to the formation in late December of a coalition government between one faction For anyone interested in studying the of a divided UMP, under Party President practice of democratic politics or in the Serge Vohor, as Prime Minister and Fr. problems of governance, Vanuatu has Lini’s NUP, with him as Deputy Prime always presented a fascinating spectacle. Minister and Minister for Justice, Culture Of late, however, it is hard to know, for one and Women’s Affairs. not entirely detached from the outcome of the processes at work, whether the By the end of February, after a success- spectacle is tragical or comical, at least in ful motion of no-confidence, there was a the larger sense of the comedie humaine. I am new government under former UMP Prime reminded often of the ridiculous hyperbole Minister Carlot-Korman, plus six break- of Polonius in Hamlet quoted in the away UMP MPS, and the former Opposition epigraph. Vanuatu has it all, from its history Unity Front, led by the Vanua’aku Party’s as ‘Pandemonium’ through the tragic- (VP) President Donald Kalpokas as Deputy comedy of recent political behaviour to the Prime Minister. Getting there, however, was repeated promise of the Air Vanuatu pilot extremely fraught: first, Prime Minister as you come in to land at Bauerfield Vohor, unable to avoid a vote of no- Airport in Port Vila—‘the weather is fine in confidence in the House, announced his Paradise today’. Between Pandemonium resignation and the President, the and Paradise, between government and following day, first purported to dissolve anarchy, contradiction is in-built and the Parliament, and then revoked his contradiction provides the only unity, a action. Vohor, similarly, sought to revoke unity of oppositions. his resignation and to resume office and A brief recital of events, bewildering in Justice Minister Lini, in his last hours its scene-changes, yet mesmerising in its before the Parliamentary sitting, moved to dramatic boldness, will give substance to suspend or dismiss the Commissioner of the point. Police, the Chief Justice, the Attorney-

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General, the Clerk and deputy Clerk of the Between 20 August and 30 September Parliament and contemplated action Carlot-Korman, in seeking to avoid defeat against the President. All these actions in the Parliament, embroiled the govern- were beyond his legal authority and, once ment and the Speaker in a succession of the President had failed to dissolve technically doubtful procedural stratagems, Parliament, seem intended to have effected all challenged by the Opposition and a coup d’etat by administrative means. defeated in the Courts. In the process Appointed Finance Minister in Carlot- Carlot-Korman exposed the Speaker to Korman’s government, Melanesian citation for contempt of court, first Progressive Party (MPP) leader, Barak Sope, reconciled with and then, only days later, began very actively to promote economic repudiated his UMP rival, Vohor, who development projects, of sometimes rather nonetheless succeeded in replacing him as dubious viability. His most adventurous Prime Minister after a successful no- initiative was the issue of ten US$10 million confidence vote. negotiable instruments, guaranteed by Barak Sope, for whose scalp Vohor and Vanuatu’s Reserve Bank, to be traded on his adherents had clamoured while in international financial markets by an Opposition, was now re-appointed Deputy Australian broker and some American Prime Minister and promptly sought to associated companies. The guarantees revive the bank guarantee scheme. were signed by the Prime Minister, Finance The Ombudsman released another Minister, Governor of the Reserve Bank and report condemning Sope, for alleged First Secretary to the Minister. breaches of the leadership code and other The Ombudsman, in July, after an infractions of his legal authority, which urgent investigation of the scheme provoked Sope to the memorable remon- recommended that the President stration, ‘the fact that the Ombudsman can reprimand the Prime Minister who should investigate a Minister is detrimental to the in turn dismiss the other three from office. operation of a democracy.’ The Prime Minister, politically in pawn In mid-October, Lini and Kalpokas to Sope and his MPP support, denounced conducted a formal custom reconciliation the Ombudsman’s action in publishing her which might have ended the fatal rift in the report and accused her as a ‘foreigner’ of major anglophone parties, which had interference in Vanuatu’s internal affairs. occurred in September 1991 and ended In August, responding to public their domination of government in post- pressure and from his VP coalition partners, independence Vanuatu. Carlot-Korman reshuffled his Cabinet, Almost certainly as a consequence of moving Sope from Finance to Trade. the VP/NUP reconciliation, Prime Minister Sope’s response was to resign from the Vohor dumped Sope and his MTF Ministry (his version of the story; according colleagues, brought into his government to the Prime Minister, he was dismissed), the most able and experienced politicians form a new political grouping MTF (with from the VP, and thus established a large Tan Union (TU) and Fren Melanesie Party parliamentary majority, free for the first (FMP)) and enter into negotiations with the time from the recurrent threat of motions of Opposition which, thus strengthened, no-confidence. requested an extra-ordinary session of It also introduced into government a Parliament at which to unseat the govern- two-thirds anglophone majority, for the ment by vote of no-confidence. first time since 1991.

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In October, Father Lini also In January this year, the government accomplished what he had failed to do in began public consultations on a Strategic February, to dismiss the Chief Justice and Review of Vanuatu’s security situation, to deport him. Both actions were restrained designed to reassess the country’s security by court injunction and, at the time of outlook and the appropriateness of writing, the Chief Justice’s action for resource allocations to future foreseeable wrongful dismissal is still before the court threats. In the aftermath of the VMF undecided. insurrection, and pending committal and The para-military Vanuatu Mobile trial of the ‘Stand-Down Group’, the review Force, impatient with the government’s was widely seen as a device by which to failure to redress a member of outstanding abolish the Mobile Force. In fact, the review conditions-of-service grievances, took the had been agreed during bilateral Defence law into their own hands on 12 October and Cooperation Program (DCP) consultations abducted the President, commandeered a with Australia before the crisis began to civil airplane and pilot, made a surprise unfold. Father Lini, and his first Secretary, pre-dawn visit to the acting Prime Peter Taurokoto who chaired the Minister, then in the north, and finally Committee, strongly backed the process wrung from him an inquiry into their claims and ultimately pushed it through to and impunity for their actions! Thus completion and to final acceptance of its emboldened, the VMF Stand-down Group major recommendations by the Council of was able thereafter to force the replacement Ministers. of their COs and veto the appointments of With similar boldness, Prime Minister unacceptable replacements. They then Vohor announced in February the abducted and physically abused an government’s decision to undertake a expatriate officer of the finance department comprehensive program of economic and for dilatoriness in resolving their public sector reform, with the assistance of grievances. the ADB and other donor countries. He Vohor, absent again from a domestic established a senior Ministerial task force crisis, delegated Father Lini to deal with to oversee the process and a Secretariat the mutinous VMF which he did, in early chaired by former SPF deputy Secretary- November, with a bold, brave and decisive General Nikenike Vurobaravu who not police operation to arrest 100 plus only conducted public hearings, but a rebellious soldiery. weekly press interview of question and At the end of 1996, while the country answer on the principal issues and the had survived two probable coups attempts, implications of change. and the dismissal of its Chief Justice, the No progress was meanwhile being New Year was gravid with further political made with the trial of the VMF, who while insecurity carried forward by the detention in detention fomented unrest and and indictment of the VMF mutineers, the disobedience among prisoners; the Chief of impending prosecution of Peter Swanson Justice’s claim remained in limbo and in the bank guarantee scheme, the hearing although the trial of Peter Swanson was of the Chief Justice’s claim for wrongful concluded, no sentence had been handed dismissal and revived rumours of a down, a year after his arrest. Rumours of reconciliation between Vohor and Carlot- and some realignments in political Korman which would necessarily involve affiliation continued within the UMP and dumping one of the anglophone coalition as Vohor’s parliamentary majority grew, so parties from government. did pressure for a more equitable

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reallocation of portfolios (and other public € Lini has already been relieved of his offices), unsettling to coalition partners. temporary responsibility for Police In May, Prime Minister Vohor, in a and VMF, although his preferred candidate for Commissioner, Peter surprise move, reunited the fractured UMP Bong, has been confirmed in the and shuffled the VP, his major coalition position. partner, out of government, rather than Father Lini’s NUP which had been • The first court action against the rebellious VMF, for the kidnap of the weakened by the return of five of its eight VanAir pilot, failed and the charges MPs to the VP. Carlot-Korman, although were dismissed. The failure was back on the government benches, declined primarily a failure by the state law a place in the Council of Ministers, officers to make good their case. preferring appointment as the Chairman of • A second set of charges, associated UNELCO, the Vanuatu power company, with the abduction of the President, with emoluments four times those of his was successful and the offenders parliamentary stipend. Barak Sope again sentenced to 18–24 months in prison. became Deputy Prime Minister. But in handing down suspended sentences, the Court may well be seen to have damaged the credibility of the Trends ‘rule of law’, while seeming to satisfy Melanesian cultural norms in not Two things are striking about this chronicle, punishing severely where no actual most obviously, the extreme instability in harm was done. It may also, in the governing coalitions and the total irrelev- minds of the perpetrators, have ance of reputation or past performance as tended to validate the justness of criteria for fitness for public office; and a their cause and action. new process of public consultations and Despite the strength of his declared open discussion in seeking public under- commitment to the CRP, Vohor has not standing of and support for carrying out exerted any corresponding strength of fundamental reforms. purpose over the affairs of government as a The two phenomena are contradictory whole: indeed he has associated himself, and almost antithetical—strong action despite prevarications, with an from weak government. unapologetic frontal attack on the office of the Ombudsman, whose vigilance and Much of the credit could be attributed fearlessness have united some powerful to two strong men: Father Lini who took Ministers to seek not simply to get rid of responsibility for resolving the problems of her but to repeal and redefine the powers of the rebellious VMF and also pushed the that office. strategic Review to a conclusion; and Prime Minister Vohor who has strongly Contradiction is still the prevailing backed the CRP against misgivings among mode, as the following items from recent many of his political allies. news reports fully reveal. What does it portend for overall good governance in Vanuatu? Can we look forward to more purposeful and decisive direction in the affairs of state? The omens, at executive government level, are equivocal

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The Comprehensive Reform rebuked his colleagues and checked their Program applause saying ‘they are talking about us!’ Interviewed by Trading Post (28 June) about the prospects of the program achieving its goals, Prime Minister Vohor said The Ombudsman I am very confident…I would not be confident if the program was Since her appointment as Vanuatu’s first spearheaded by politicians or just Ombudsman, Marie-Noelle Ferrieux- my Minister. Patterson has crusaded fearlessly against malpractice in positions of public trust. Implementation of the CRP will not take one day, it will take 15 to 20 Her actions while infuriating some have years to complete… won admiration from the public. They have also encouraged other representative CRP has several fundamental elements of civil society to more robust and factors to successfully achieving its goals and one is the immediate vocal signs of life. passing of a Leadership Code. About the same time as the CRP in However, we have to ensure that June, the redoubtable Ombudsman the proposed law…is understood initiated court action against 23 serving by…all sectors of the community. and former MPs, seeking to recover ex Ministers down to chiefs or different community leaders gratia payments of VT1.5 million each should be consulted. made by the previous UMP government. Deputy Prime Minister Sope speaking Soon after initiating the court at the same forum had this to say proceedings, rumours began to emerge of a secret plan by the government to dismiss Bad management and political the Ombudsman. interferences in the public service is the downfall of the government On 12 July, Trading Post ran a story today (sic) (Vanuatu Weekly 28 under the headline ‘Government allegedly June). declares war on Ombudsman’ and, though Len Garae, Chairman of the Vanuatu short on details, established a few facts Press Club, writing in the Trading Post after …secretary to the council of attending the national CRP summit Ministers…confirmed the Government was moving in on the I watched the cabinet…nodding Ombudsman.…reliable sources say their heads every time an example deputy Prime Minister had backed of government wrongdoing was the paper presented last week in mentioned by a speaker…when the Council of Ministers.…The they applauded the Director Director of the Public General of Finance for his precise Service…confirmed his department explanation of examples of had stopped the Ombudsman’s malpractice and his pleas for good rent. governance, I wanted to believe that…they were saying ‘so now The article concluded by noting they know what I did wrong…I …with the Ombudsman out, the must repent.’ implementation of the A second observer commented, however, of Comprehensive Reform Program the same scene, that one senior Minister will forever be delayed and the

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proposed Leadership Code will be of the Ombudsman and reinforces the further shelved (Trading Post 12 principle of accountability of public July). officials, already strongly endorsed by the Publication of the story brought swift CRP’ (Trading Post 23 July). and powerful reactions in defence of Mrs The issue grew in public importance as Ferrieux-Patterson, the strongest coming more statements of support for the from the chairman of Father Lini’s NUP, a independence of the office were made by member of the governing coalition, whom the VP, which continued to link the role of Trading Post reported (23 July) as saying the Ombudsman to the process of reform that NUP would leave the government if launched by the Prime Minister, and by any ‘attempts were made to either change VANGO whose coordinator publicly the Ombudsman’s Act or sack Patterson.’ declared that ‘the existence of the office of The same issue of Trading Post also the Ombudsman has so far been one of the reported on its front page a statement by only means whereby people in the country the Chairman of Vanuatu Press Club have been kept informed about what the PKBV is shocked to learn…that the government is doing…The government Council of Ministers decided two must now come to realise they are not weeks ago to repeal the Ombuds- running a private enterprise’ (Trading Post man’s Act. In PKBV’s view, it is 26 July). totally contradictory to the complete implementation of the CRP, Ultimately Vohor was forced to clarify especially since a major component his position. He did so in a TV interview of the reform is hinged to the but, while asserting that the government proposed Leadership Code which had no intention of abolishing the office, he is part of the Ombudsman’s Act. questioned the correctness of procedures With a touch of good humour, the followed in appointing Mrs Patterson and Ombudsman herself ‘welcomed’ the added endorsement by Deputy Prime Minister I will not allow people with Sope, at the South Pacific Forum Economic colonial ideas to come and dictate Ministers’ meeting in Cairns, of the to ni-Vanuatu on what is right and what is wrong (Trading Post decision 9 August). to promote the adoption of principle of best practice of public The Ombudsman reacted by accountability, based on concepts demanding an apology for the slur against of openness with government her office. information and public scrutiny of PINA, the Pacific Islands News performance of government and public officials. One of the Association, at its annual convention held decisions endorsed by all Ministers in Port Vila at the beginning of August, present was that the Auditor- was accused by government officials of General and Ombudsman have ‘clear interference in Vanuatu’s internal adequate resources and politics’, when it awarded Mrs Ferrieux- independent reporting to Patterson its Pacific Freedom of Inform- Parliament (Trading Post 23 July). ation award as the best investigative She said wryly, ‘this affirmation of reporter in the Pacific Islands. Father Lini, support is greatly appreciated by the office by contrast, commended ‘the diligence and

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energy of the present office-holder has won water and free electricity in addition to his her universal respect.’ parliamentary salary. When the government announced that Vanuatu Weekly (14 June), revealed that nine Bills would be presented to the the cost to the public purse of the three Parliament, at an extraordinary session on changes of government between December 26 August, the draft Bill to repeal the 95 and May 97 in severance pay to 401 Ombudsman Act was omitted. A temporary political staffers (from political advisers retreat, maybe, but a victory for public down to cleaners and drivers) had been information as a curb on government. VT73 million, a figure swollen later by VT31 million in further claims of those terminated when the VP was shuffled out The unreconstructed of power in May—all unbudgeted and contributing to the VT1 billion being sought That inveterate inclination among by the government in its Supplementary politicians to wish to exercise unfettered Appropriation Bill. and arbitrary power was given unusual Following his remarks in defence of the but important expression by former Prime Ombudsman, as chairman of the NUP, Dinh Minister Carlot-Korman at a news Van Than was dismissed as Chairman of conference he called after the CRP national the National Provident Fund and replaced summit. by the Finance Minister’s Secretary. Being a In commenting on some of the man of means, Dinh (who had already proposed reforms, Carlot-Korman declared successfully repelled a purported earlier that ‘it would not be democratic’ to have an dismissal) sought a Court order invalid- independent commission to recruit ating the Minister’s decision and won. qualified people to work in the government and to insulate public sector performance from direct political interference in Conclusion appointments and promotions (Trading Post 28 July). Despite the Vohor government’s commit- A report in the Trading Post (18 June) ment to the CRP, the practice of its Ministers eloquently revealed that the incumbent across government suggests habituation to government, no matter what its public (and even conscious preference for) the profession, in practice is guilty of egregious arbitrary and uncontrolled exercise of double-standards (and double-dipping) in patronage of friends and oppression of its decision: ‘to appoint a total of 15 enemies, without regard to the cost to the (coalition) MPs, to the Boards of Vanair public in needless expenditure or declining and Air Vanuatu’. According to TP’s services. report, the chairman of Air Vanuatu, who Happily, however, the Ombudsman, already receives VT120,000 per month as the Supreme Court and the media, while all an MP, will be getting around VT460,000 to some degree beleaguered and under monthly as Chairman. Carlot-Korman who pressure, continue to fight for higher declined a Ministerial portfolio under standards of accountability and seem Vohor but accepted chairmanship of mutually to reinforce each other’s efforts. UNELCO, reportedly receives around None are absolutely proof against the VT500,000 monthly, plus a free car, free machinations of governments, now

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increasingly galled by the restraints they represent, but a respect ultimately for the rule of law has somehow continued so far to withstand all attempts by politicians to subvert, by-pass or emasculate the legal framework of the constitutional state. It seems appropriate to let the Ombuds- man have the last word. In a Message to the People, prefacing her Second Annual General Report to Parliament, submitted in November 1996, she writes 1.2 In this last year, the welfare of this country has taken second place to prolonged political maneuvering by leaders. Our leaders have jockeyed for position and power at the expense of the legitimate interests of the people they are expected to represent. 1.4 I find myself caught in the hard position of whether the public’s interests will be better served at this moment by expressing exaggerated confidence in future improvement, or by emphasising the very grave dangers into which the country has been led by much irresponsible and incapable leadership.

Note

Adapted in part from David Ambrose, The Contemporary Pacific, Fall 1997.

Reference

Office of the Ombudsman, 1996. Second Annual General Report, 25 November, Port Vila.

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