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2007 Assessment

Vanuatu: Integrity Indicators Scorecard

Vanuatu: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	67
75	In practice, do judgments in the criminal system follow written law?	100
76	In practice, are judicial decisions enforced by the state?	75
77	Is the judiciary able to act independently?	94
78	Are judges safe when adjudicating corruption cases?	100
79	Do citizens have equal access to the justice system?	57

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: Constitution The Courts Act

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: "Yes, but it may delay as usual." - Andrew Kalman "Some apeals may take too long according to one's finanacial status." - Lae Sakita

References: Transnational Crime Unit - Sergeant Andrew Kalman

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments: "Always it is a costly exercise." - Sergeant Andrew Kalman

References: Transnational Crime Unit - Sergeant Andrew Kalman Lae Sakita - Vango Rep.

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments: "A dispute is always by justice to be solved by custom."

References: Transnational Crime Unit - Sergeant Andrew Kalman Lae Sakita - Vango (NGO)

Peer Review Comments: The scale criteria score is accurate for the criminal justice system, but often cases are heard outside the criminal justice system according to customary notions of justice, custom (Kastom in Vanuatu). This question is only partially applicable in Vanuatu's case.

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments: "Most times it really affects the homes/relationships once there is an order and is enforced." - Andrew Kalman

References: Lae Sakita (NGO) Transnational Crime Unit - Sergeant Andrew Kalman

Peer Review Comments: Judicial decisions are not always enforced by the state outside the capital and the northern town of Luganville, in rural and island regions where the state presence is almost non-existent. There kastom (custom) dispute resolution processes may take the place of judicial enforcement. This varies tremendously case to case and place to place.

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments: Lae: "Sometimes influenced" Andrew: "But always a problem when dealing with the government issues"

References: Vanuatu Constitution

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments: "I would say yes but sometimes there is a slight influence by the government to prevent it. But usually it should be like that because that is where we get our justice." - Andrew Kalman

References: Transnational Crime Unit - Sergeant Andrew Kalman Lae Skita - Vango (NGO)

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments:

References: Interview with Transnational Crime Unit - Sergeant Andrew Kalman, Vanuatu Police Force

The Executive Branch does not control this process -- the Chief Justice appoints judges after weighing issues such as availability of judges.

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments: "Unless committing criminal act"

References: Transnational Crime Unit www.paclii.org/vu/legis/consol_act/cotrov406

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments: "We have had some isues here where some have been protected by the security privately."

References: Transnational Crime Unit - Sergeant Andrew Kalman

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: "None but soon if risk is not access." - Andrew Kalman

References: Transnational Crime Unit - Sergeant Andrew Kalman

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments: Sometimes it is, taking the example of the recently burned supreme court house of Vanuatu. "In the law-enforcement point of view, I think 90% of the people woul say yes and 90% would say no. WANTOK system still stands among this Nation. The Vanuatu Police force are trying their best but most cases are still in the investigation of the police." - Andrew Kalman

References: Transnational Crime Unit - Sergeant Andrew Kalman

Peer Review Comments: Expatriates and non-indigenous citizens (particularly members of the white minority population) occasionally receive favorable treatment, especially in relation to the granting of bail and sentencing. Members of these groups are often pardoned by the president after serving only a tiny fraction of their sentences.

79b: In practice, women have full access to the judicial system.

Score:

100

Comments: Women are still fighting for the Family Protection Bill to be passed by Parliament, where it has been sitting since 2005.

References: Transnational Crime Unit - Sergeant Andrew Kalman Workshop on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Port Vila, November 2007 (see [ LINK ] for details).

Peer Review Comments: There are delays in enforcing, or a lack of enforcement of judicial decisions affecting women, particularly restraining orders, in rural and regional outer island areas of Vanuatu.

Peer Review Comments: Women may be treated equally if they can actually access the judicial system. However, rural women find the system hard to access, and the fear of reprisals in domestic violence cases make some women reluctant to use the system.

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments: "The government provides the public solicitor's office for citizens at a low cost of 2000vt." - Sergeant Andrew Kalman

References: Transnational Crime Unit - Sergeant Andrew Kalman

Peer Review Comments: In law, but not in practice.

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: "No -- they sometimes end up in Bar Table representing themselves due to financial support." - Andrew Kalman

The government provides assistance to defendants through the public solicitors office (Constitution:Section 56- Public solicitor). They take in cases and deal with them for a lesser fee compared to the private law firms.

References: Transnational Crime Unit - Sergeant Andrew Kalman Constitution:Section 56- Public solicitor

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: "No, they have to go for public solicitor and for expensive solicitors. I don't think so but it depends much on their income." - Andrew Kalman

References: Transnational Crime Unit - Sergeant Andrew Kalman

Peer Review Comments: Most incomes are very low in Vanuatu.

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments: "It depends much on their income." - Sergeant Andrew Kalman

References: Transnational Crime Unit - Sergeant Andrew Kalman

Peer Review Comments: Almost all small retail business (except micro-sized village stores) are owned by non-citizen expatriates or by non-indigenous naturalized citizens, particularly members of the Chinese, Vietnamese and white minority populations. These groups can usually afford to bring a legal suit, because of their much higher incomes and more profitable businesses. Indigenous Ni-Vanuatu business owners tend to have much smaller businesses (eg. market or street vendoring) and do not have the same level of wealth, income or access to credit that relatively wealthy expatriates and non-indigenous citizens have.

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments:

References: Transnational Crime Unit - Sergeant Andrew Kalman

Peer Review Comments: For people living outside urban areas and on outer islands, access would be more difficult and costly.

Peer Review Comments: Access to a court of law is prohibitive to some citizens because of geographic location, particularly in Vanuatu's outer islands where kastom forms of justice tend to prevail over the state-sanctioned court system.

Peer Review Comments: The geographical remoteness of many citizens and the cost of travel makes it prohibitive for many to access a court of law.