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2007 Assessment

Vanuatu: Integrity Indicators Scorecard

Vanuatu: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	78
43	Are there regulations addressing conflicts of interest for civil servants?	54
44	Can citizens access the asset disclosure records of senior civil servants?	67

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Public Service Act [Cap 129] www.paclii.org/vu/legis/consol_act/psa152

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: Public Service Act [Cap 129] www.paclii.org/vu/legis/consol_act/psa152

Peer Review Comments: In law, but practice can be different. NIS report also says that there is no specific law preventing nepotism and cronyism. But there is a law requiring that selection be merit-based.

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments:

References: Public Service Disciplinary Board within the Public Service Commission Dept. www.paclii.org/vu/legis/consol_act/psa152

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: "Yes, but in practice, sometimes that is not so, as it depends entire on the panel and also on political interference. In law that is how it is supposed to be." - statistic office representative. (Interviewed two officers)

References: Vanuatu Public Service Act

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments:

References: "Drivers of Change" study conducted by Ausaid Vanuatu Vango - Lae Sakita (NGO) Tourism Office - Janet Nguele, Administration Office Receptionist

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: Statistic Office, Regina Tourism Office, Janet N. Tawar, ex-policemen Public Act

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: In law, yes, but in practice often this is not so because of political interference and wantok system. That is who you know in the high places.

References: "Drivers of Change" Study by Ausaid People from the Public NGO representatives

Peer Review Comments: In my experience, cronyism and patronage play a major role in appointments in the civil service.

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments:

References: Public Act Janet Nguele, Representative from Tourism Office Regina from Statistic Office

Peer Review Comments: Job descriptions may not be well-detailed or up-to-date due to lack of expertise in this area.

Peer Review Comments: Although their are systems in place for job descriptions to be reviewed, the process is not evenly implemented across ministries and departments. My guess is that many civil servants may not be familiar with their job descriptions.

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

References: Interview with former civil servant (former police officer), Tawar Interview with current civil servant, Veronique Sam

Peer Review Comments: Bonuses would be unlikely due to lack of resources.

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments:

References: Lae Sakita - Vango Representative (part-time consultant)

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments:

References: Vanuatu Human Rights Report, 2005 - www.state.gov/g/drl/rls/hrrpt/2005/61631.htm Public Act - www.paclii.org/vu/legis/consol_act/psa152

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments:

References: World Vision Representative Confidential source from the National Bank of Vanuatu, which processes civil servant salaries.

Peer Review Comments: I do not think that a member of an NGO (such as World Vision) is the best and most reliable source of information on the payment of civil servants.

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: Statistic Office - Male Representative Tawar ex-police man - Tvet literacy program Their general comments are: "It depends on the panel or the director of that particular department to whom the convicted individual is applying for job."

References: Statistic Office - Male Representative Tourism Office - Janet N. World Vision Office - Janet K. - cleaner, messenger Tawar ex-police man - Tvet literacy program

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: Pubic Service Act - LAWS OF THE REPUBLIC OF VANUATU www.pac.lii.org/vu/legis/consol_act/cotrov406/

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

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: Janet Nguele, Tourism Office Tawara, Tvet Project

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: www.pac.lii.org/vu/legis/consol_act/cotrov406/ Public Service Act - LAWS OF THE REPUBLIC OF VANUATU

Peer Review Comments: Section 33(1) of the Public Service Act 1998 prohibits the acceptance of any fee, reward or remuneration of any kind," except for payment from the PSC for the performance of public duties. This is broad enough to include gifts.

In actuality, however, gifts are given to strengthen relationships. For example, a business person might pay for kava for the department. There is no record of such transactions so how widespread the practice is cannot be commented upon. NIS 2004.

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: Drivers of Change Study - Ausaid Tawar from Tvet Project NGO

Peer Review Comments: There are no regulations restricting post-government private sector employment for civil servants and thus this question is not applicable in Vanuatu.

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: Drivers of Change Study by Ausaid Vango Representative (Body that looks after all NGO organizations), Lae Sakita World Vision Representative Janet Kalkau (cleaner, messenger and admin. assistant) Micky Missauve from Ocean Computers

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: Drivers of Change Study by Ausaid Tawara from Tvet project

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: Companies Act Litiana from National Bank of Vanuatu Section 32 of the Leadership Code Act

Peer Review Comments: In law, citizens can access the asset disclosure records senior civil servants as per s. 32 of the Leadership Code Act which states that:

"PUBLICATION OF ANNUAL RETURNS 32. (1) The Clerk must ensure that : (a) annual returns filed by the leaders; and (b) a list of leaders who have failed to give the Clerk an annual return, are published in the Gazette, by 14 March in each year. (2) The list must set out the leader's name, and the position he or she holds."

The Gazette is a publicly available document by law.

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: Publication of such records is often delayed.

References: Statistic Office Representative

Peer Review Comments: Citizens do have access through the Gazette as per s. 32 of the Leadership Code Act. However, filing of returns with the Clerk of Parliament is often delayed and publication of the Gazette can be delayed for many months.

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: While the actual costs of obtaining such records are low, they may require a trip to the capital.

References: Public service Act

Peer Review Comments: The government Gazette, where the annual asset disclosure records of senior civil servants are published, is available at a reasonable cost. However, accessing it may require a visit to a specific office, such as to the office of the Clerk of Parliament in the capital Port Vila, restricting its availability in remote and rural island areas of Vanuatu.