References: Pblic Service Act Vanuatu Consolidated Legislation www.paclii.org/vu/legis/consol_act/controv406/

References: Ombudsman International Transparency World Vision Rep. Janet Kalkau, ex staff to Lands Department

Peer Review Comments: NIS states that whistle-blowing is rare.

References: Constitution of Vanuatu Public Service Act Companies Act passed in Parliament

Peer Review Comments: It is unclear whether or not private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences if corruption, graft, or abuse of resources are channeled through tax haven vehicles provided by trust companies or exempted (international) companies, which both have strict secrecy provisions. It may be possible to answer "no" to this question, but the law is unclear on this. For example, Section 9 of the Trust Companies Act, listed following. note in particular 9(2) which imposes fines and imprisonment for people who contravene these provisions:

"9. (1) Except when lawfully required to do so by any court of competent jurisdiction within Vanuatu or under the provisions of any law in force in Vanuatu or, in the case of any public officer, for the purpose of the performance of his duties or the exercise of his functions under this Act, no person shall, unless specifically so authorised by the trust company concerned, disclose to any other person any information entrusted to him in confidence, or acquired by him, in his capacity or in the course of his duties as public officer, employee, agent, liquidator, receiver or in a professional or similar fiduciary relationship, respecting the affairs of any trust company whatsoever, whether while employed or acting in such capacity or relationship or after he has ceased to be employed or to act in such capacity or relationship. For the avoidance of doubt, the provisions of this section shall have effect with respect to any such information entrusted to or acquired by any person respecting the affairs of any trust company whether such information was entrusted to or acquired by him before or after the commencement of this subsection. (2) Every person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment."

AND

"APPLICATION OF ACT TO EXEMPTED COMPANIES, PRESERVATION OF SECRECY

381. (1) Save as is provided by subsection (2), the provisions of Parts II, III, IV, V, VI, VII, and XIV shall apply to and in respect of every exempted company. (2) The provisions of this Act which entitle any person, not being a person so entitled by virtue of his relationship with the company as a creditor or member thereof, to inspect and to make or require copies of or extracts from any register, index or other document required to be kept by the company, and which entitle any person to inspect and to make or obtain copies of or extracts from the documents and registers held by the registrar with respect to any company, shall not apply with respect to exempted companies and the provisions of section 110, section 117, section 209 and section 393 and all other provisions of this Act shall be read and construed accordingly. (3) Except for the purpose of the performance of his duties or the exercise of his functions under this Act, or when lawfully required to do so by any court of competent jurisdiction within Vanuatu for the purpose of any proceeding under this Act or otherwise, or under the provisions of any law, or for the purpose of audit of government accounts, no person shall disclose to any other person or body any information acquired by him respecting the affairs of an), exempted company whatsoever in the course of the administration of this Act, or any information furnished to the Minister under the provisions of sections 2, 3 or 4 upon an application for a permit to form an exempted company, whether while employed in any official capacity or after he has ceased to be so employed: Provided that a liquidator or provisional liquidator appointed by the court under the provisions of Part VI may, upon the request in writing of a public officer in any country or territory and with the consent of the Attorney General, disclose to such public officer such information respecting the affairs of an exempted company which is the subject of winding-up proceedings under the said Part if the liquidator or provisional liquidator has reason to believe that such information is or may be relevant to the liquidation of any company in such country Or territory the affairs of which are or have been, directly or indirectly, related to the affairs of such exempted company, to any investigation into the affairs of such other company or to proceedings against its officers or former officers. (4) Except when lawfully required to do so by any court of competent jurisdiction within Vanuatu or under the provisions of any law, no auditor of an exempted company shall, unless specifically so authorised by the directors thereof, disclose to any other person any information whatsoever respecting the affairs of that exempted company acquired by him while acting in the capacity of auditor, whether while acting in such capacity or after having ceased to act in such capacity and whether such information was acquired by him before or after the commencement of this subsection: Provided that nothing in this section shall prevent an auditor from making his report to the members and from fulfilling his other functions and duties under this Act. For the purposes of this subsection, the expression "auditor" shall be deemed to include every partner, associate and employee of an auditor. (5) In any case where evidence is admitted in a court in any proceedings, which would otherwise result in the public disclosure of information as to the affairs of an exempted company or proposed exempted company the court shall direct that such evidence shall be heard in camera and shall order that the relevant part of the proceedings be not published or made available as public record. (6) Any person who shall contravene the provisions of subsection (3) or subsection (4) or any order of a court under subsection (5) shall be liable to a fine not exceeding VT1,000,000 or to imprisonment for a term not exceeding 5 years or to both."

References: Transparency International Rep. Ombudsman Office Rep.

Peer Review Comments: In practice, if private sector employees report cases of corruption, graft, or abuse of resources that is channeled through the tax haven or offshore finance center then they are not automatically protected from recrimination or other negative consequences and may be liable for criminal prosecution for violating trust and corporate secrecy clauses. This seldom occurs, but employees who do so are likely to lose their jobs.

Peer Review Comments: I think that private sector employees would be subject to the same payback as civil servants, that is, the system in place may prevent them from getting other jobs or being promoted.

References: Ombudsman Commission Office Transparency International Public Service Act Part 2 - Public Service Commission: section 8 (1)(d)

References: Vango NGO Rep Lae S. Daily Post Chief Editor Kierry M. Tourism Office Rep. Janet Nguele

References: Transnational Crime Unit Kalman (sergeant) Ombudsman Office Transparency International

References: Transnational Crime Unit, Sergeant Kalmen Transparency International, Tony T. World Vision Staff

Peer Review Comments: There is no formal procedure by which members of the public can complain to the PSC, which manages disciplinary proceedings of public servants. Under the Ombudsman Act 1998. The public can complain to the ombudsman about the actions of public servants.

References: Transnational Crime Unit, Sergeant Kalman Ombudsman Vango, Lae S - NGO