“The letter that was sent to the UN as part of the call for Independence during that time was discussed and drafted in the ‘Blue House’,” Mr. Sokomanu said.
International Youth Week Motivates Youth To Participate In Civic Education Program
From 12 – 16 August youths around Vanuatu celebrated the International Youth Week at Arep Junior Secondary School in Sola, TORBA province.
Transparency International Vanuatu Acknowledges Improvement In Vanuatu Judiciary
A RESEARCH BY Transparency International Vanuatu into the Vanuatu Judicial System, to investigate why cases have not progressed nor been finalized in a timely manner, discovered that though there were not much evidence of corruption, there were instances where conflict of interest appeared to affect actions by the police, prosecutors and judges.
The Vanuatu Judicial Monitoring System (VJMS) research report published in 2013 also identified several factors that contributed to delays of processes within the judicial system.
However, the judiciary is not to be blamed entirely for the delays as there are private lawyers, prosecutors and other parties who contribute to this. “Unfortunately the court system is not robust enough to consistently control the manipulation of the court process by various parties through the use of delaying tactics” states the report.
Transparency International Vanuatu (TIV) through its monitoring of court cases recognises that the judiciary has progress since the launching of the report in 2013. More high profile cases have now progress further to the Supreme Court with rulings made.
One such high case that has progress on is the bribery case against the Members of Parliament.
According to Port Vila’s Magistrate Court on Wednesday 12 August, the members of parliament accused of bribery allegations are now scheduled for trial in the Port Vila Supreme Court on the 1st of September.
Though the case has drag on for sometimes, TIV Chairman Dr. Willie Tokon stated that this is the first time for such a proceeding that involves Ministers and MP’s to go that far in the Vanuatu’s courts.
Although there have been reports in the past discriminating the slow processes and delays within the judiciary system, this bribery case against more than a dozen national leaders sets an example for future cases of similar nature.
Moreover, it sets a fairly progressive precedent that should be an encouragement to many who have had mixed perspectives on the judiciary in-dependency.
Part 3: Statelessness To Freedom
It is because of chapter three that we, the people of Vanuatu, can be a citizen of a country. It is because of this chapter that we, the people of Vanuatu, are able to fill any application form that requires a nationality. Today, we inherit the Ni-Vanuatu (meaning of Vanuatu) nationality.
Part 2: Stateless To Freedom
…“the constitution is our relationship” he said while pointing at a copy of the constitution lying on the table, “our relationship made that possible”.
Part 1: Stateless to Freedom
Before 1980, people in the New Hebrides (Vanuatu) were ruled by two colonial powers of Britain and France. People from Britain and France migrated to the New Hebrides, as a result the archipelago was administrated by both Britain and France.
Over time, several aspiring indigenous leaders of New Hebrides decided to work together to gain their independence from the two colonial powers.
Father Walter Lini led the group of indigenous leaders, they worked hard with pride to prove to the colonial masters that they deserve their Independence and are capable or administrating their own country.
Mr. Ati George Sokomanu was a member of that aspiring group, when TIV talked with him he said that “between 1979 and 1980 the group formed the constitution and legislations to prove to the colonial powers that Vanuatu is capable of looking after itself. 1979 and 1980 were two very important and formal years as we tried to form legislatures on how to move forward independently,” Mr. Sokomanu said.
In 1980, New Hebrides was granted its independence after more than 70 years of being colonized. After gaining its Independence it was no longer called New Hebrides but was called Vanuatu – meaning ‘our land forever’.
The leaders struggled for our freedom, they were proud of their achievement and because of that the Mama Law or the Constitution was formed to safeguard those achievements, and to cherish our ethnic, linguistic and cultural diversity.
Ati George Sokomanu, who was elected as the first President of Vanuatu, said, “When a country achieves self-reliance, it needs to have a statue, something to bind everyone and start us off as we go through our journey”.
So in 1979, the leaders sat together and started writing the Mama Law. Mama is the Bislama word for Mother.
“When God sends Moses to the Mount Sinai he gave them two stones with the ten commandments written on it. The Constitution is like the Vanuatu’s ten commandments to guide us as we achieve our independence and work through it,” Mr. Sokomanu related.
The first chapter of the Mama Law embraces Vanuatu and its powers.
Firstly, Vanuatu is a democratic country where the people hold the power to elect its members of parliament who make up the government. The government then administrates the affairs of the country.
This Mama Law is the highest law for the nation and every other law comes under it.
The independence leaders of the Independence also set out on the mama laws the National and official language for the nation. The national language is Bislama, the official languages are Bislama, English and French and the principal languages of education are English and French. Also the republic of Vanuatu must protect its native languages as part of Vanuatu’s heritage and can declare any one of them as the national language.
The citizens of Vanuatu have the rights to elect the members of parliament to form the government to rule the country. If the parliament establishes other laws, every citizen over the age of 18 years is entitled to cast a secret vote. Political parties may be formed freely and may contest elections but shall respect the Constitution and the principles of democracy.
This was the first chapter of the Mama Law agreed on by the people who led the country to Independence in 1980.
Transparency International Vanuatu will be publishing weekly editions of the National Constitution, chapter by chapter, page by page, and story by story. TIV will be gathering stories from the leaders who signed the constitution and who are still alive to share it the public, TIV thinks it is important to reflect on that part of our history, and who better to hear it from but from those that signed the constitution themselves.
Follow us on our next weekly news on the paper as we go on to learn more about our rights and duties that are enshrined in the Constitution.
Next week’s edition will see Mr. Sokomanu reveal how it was to live in a group of islands ruled by two colonial powers. He will talk more about how it felt like to be stateless.
Also, TIV has a civic education program which educates communities about the Constitution, it is offered for free to communities who request it. Call us: 25715.
Youth Civic Engagement For International Youth Day
The 2015 International Youth Day activities is set to take place at Sola in TORBA Province from the 12th – 16th of August next week.
Condolences To The Family Of Late Honorable Edward Nipake Natapei
Transparency International Vanuatu during that time acknowledged his efforts to fight this corrupt practice, which has continued to challenge the sovereign integrity of Vanuatu.
It Is Time To L.I.N.K
Thus, the L.I.N.K Project was initiated with the goal of promoting exchanges and developing mutual understanding so each office can become more familiar with each other’s responsibilities, and at the same time look at ways to strengthen each other against challenges faced.
An Affair That Lead To The Alleged Abuse of Power
WHEN MRS. TOM (not her real name) traveled out of Vanuatu, without her husband’s knowledge, on 28 November 2014 to Fiji her genuine active passport was lying in a safety storage at her husband’s workplace. And when Mr. Tom (not his real name) could not find his wife, he followed up on some suspicious activities that he had encountered. He later found out that his wife had ‘illegally’, as he put it, traveled to Fiji (She is originally from Fiji). Also, further investigations revealed the existence of a second active passport under the same name but with two different dates of birth; a year and a month apart.
In Mr. Tom’s investigations he discovered that her travelling was assisted by several public servants. Mr. Tom, who works for a government statutory body in Vanuatu, was left to look after their two little children of six years old and a baby who was just four months old.
His story is one of a kind, it involves allegations of fraud, abuse of power, misuse of public assets for sexual desires and ‘hijackings’, all of which were allegedly instigated by a high level public servant who, due to the sensitivity of the matter and ongoing investigations, we shall call Mr. Carl. This Mr. Carl is a prominent public figure, he served as the head of one of Vanuatu’s most handy departments.
Mr. Tom entered the Transparency International Vanuatu office on a quiet evening. He did not say much, instead he had in his hand a packed yellow A3 size envelope. He placed it down on the front desk, “this is for you” he said. He looked neither concerned nor angry, he looked tired, and with a tired smile he shut the door behind him.
Inside the yellow envelop there were copies of three different letters all addressed to three different people; The Prime Minister, the Public Service Commission Acting Chairman, and the Fraud Department. Another separate file of papers contained neatly structured and explained evidences to support his three letters.
Mr. Tom had been doing some investigations on his own, in the case documents he identified a police officer, an immigration officer and other individuals who he states were accomplices to and controlled by a “very cunning individual”. This people, he states, arranged for his wife to travel out of the country using a fake passport.
Mr. Tom and his wife had been married for ten years. About a year ago, she began having an affair with Mr. Carl. In his letter to the Prime Minister Mr. Tom reported that Mr. Carl “had been using a Vanuatu Government Official White G Plate Car…during Vanuatu Official Working Hours, between 7:30 AM – 4:30 PM, to do runs related to unofficial and non-productive, waste of resources, fuel, valuable time, abuse of public assets for personal gains”. Mr. Tom stated that Mr. Carl used this vehicle “as a means to accomplish one mission, which is to fulfil the immoral sexual affairs.”
Since this case came to light Transparency International Vanuatu has been told that Mr. Carl has been suspended from his public service position, and the Public Service Commission have responded to Mr. Tom that the Prime Minister will need to deliberate on the next decision.
The details on the case documents raises eyebrows, one thing for sure was that when the affair developed it triggered a list of suspicious activities. First of all, Mr. Tom was visited at his workplace by an immigration officer and a police officer who was in civilian uniform on November 13 2014. The officers asked to see his wife’s passport, Mr. Tom refused to show it to them as he was suspicious of their demands.
Later, when Mr. Tom visited the authorities’ concerned to investigate on the suspicious visit, he was told that those officers were not supposed to go around demanding to see passports.
Interestingly, on that same date (13 November) when he was visited by the officers, Mr. Tom did not know that his wife was being issued with another active passport. He found out about this a few weeks later. After examining carefully the details on a copy of the second active passport, Mr. Tom found some differences to his wife’s original passport.
From this case, it is evident that the misuse of public assets including public positions is being misappropriated for personal gains, which is in other words an act of corruption.
According to the Leadership Code ‘Leaders shall not use their offices for personal gain or enter into any transaction or engage in any enterprise or activity that might give rise to doubt in the public mind as to whether he or she is carrying out or has carried out the duty imposed by law’. Any leader who breaches the Leadership Code is subject to investigations, and prosecuted if found guilty by the courts.
Mr. Tom came to Transparency International Vanuatu as a victim with his family, he agreed for us to share his story,
“I want my story to go out, some people out there may be facing the same situation” he said, some people out there may be facing the same situation but are not able to do anything. Maybe if he did something about the situation, it will help them somehow, Mr. Tom said.
Today he lives at his home with his children who do not know where their mother is. All he knows, from what he told TIV, is that a public servant and his accomplices took away his wife, they sneaked her out of the country without his concern using a passport that, though it contained some wrong information, was not detected.
The case has been lodged with the Advocacy and Legal Advice Centre (ALAC) for further follow ups. ALAC was established in 2009 by Transparency International Vanuatu, with the purpose of helping people by providing free and confidential legal advice to witnesses and victims of corruption. Email: alacvanuatu@vanuatu.com.vu, Tel: 29008.