Global Integrity Report

Vanuatu Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

Vanuatu: Integrity Indicators Scorecard

Vanuatu: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
71	In law, is there an agency (or group of agencies) with a legal mandate to address corruption?	100
72	Is the anti-corruption agency effective?	89
73	Can citizens access the anti-corruption agency?	25

Indicator and sub-Indicator Details

In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

71: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments:

References: Transnational Crime Unit - Sergeant Andrew Kalman International Transparency Vanuatu Police Force Ombudsman Office SLO State Law

Is the anti-corruption agency effective?

72a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments:

References: Transnational Crime Unit - Sergeant Andrew Kalman

72b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments:

References: Transnational Crime Unit - Sergeant Andrew Kalman Daily Post Chief Editor International Transparency Vango Rep. (NGO)

72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments:

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

Peer Review Comments: This varies between agencies.

72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments:

References: Transnational Crime Unit - Sergeant Andrew Kalman

Peer Review Comments: According to the NIS Report, 'There is also a perception that the current ombudsman was a political appointee, who was put into the position because he would be relatively ineffective. In support of this claim it can be pointed out that at the time that the ombudsman was appointed, he had been charged with an offense of misappropriation under the Penal Code Act [Cap 135]. This case was later dismissed, on technical grounds. On appeal it was ordered that the case be retried, but a new trial never eventuated'.

Peer Review Comments: Appointments are usually based on professional qualification, but there may be personal loyalties, family connections or other biases. Individuals appointed usually may or may not have clear political party affiliations.

72e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: Andrew Kalman- "But sometimes may be removed when the government changes." Lae S.- "Sometimes do not have professional staff."

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

Peer Review Comments: Resources are always a challenge and this affects staffing, level of expertise and technical and financial resources.

Peer Review Comments: This varies especially with changes of government.

72f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments: Government budget or stakeholder

References: Transnational Crime Unit - Sergeant Andrew Kalman International Transparency Officer Vango Rep. Ombudsman Office Rep. Daily Post Chief Editor

72g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments: "According to the ombudsman, they are always providing reports after investigations. The VNPF reports always go to the Prosecution Dept. for court proceedings." (Andrew Kalman)

References: Transnational Crime Unit - Sergeant Andrew Kalman Ombudsman Office Vango Rep. Lae S.

Peer Review Comments: NIS Report says that some ombudsman's reports have not been produced in a timely manner, and the office is seen as lacking teeth.

Peer Review Comments: This varies between agencies.

72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments: Yes, govern by the law. (Ombudsman Act/PolicePowers Act, Cap 105)

References: Transnational Crime Unit - Sergeant Andrew Kalman

Peer Review Comments: In 1999 a new Ombudsman's Act was passed, which limited the power of the Office of the Ombudsman somewhat. In particular the power to seek enforcement of orders from the Supreme Court was removed. (Hill 2003) NIS Report.

Peer Review Comments: This varies between all of the anti-corruption powers. Certainly the police and the public prosecutor's office have powers to carry out their mandate, but often they do not exercise these powers. While the ombudsman can report cases of corruption it has no powers of compulsion, redress or prosecution. The ombudsman must rely on the police or public prosecutor's office.

72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments: The Vanuatu Police Force always puts up ICP for further investigations for scoping. The same applies to the ombudman.

References: Transnational Crime Unit - Sergeant Andrew Kalman

Peer Review Comments: Varies according to case, agency and who is involved in corruption. The anti-corruption agencies rarely independently initiate investigations involving active or supply-side corruption and bribery.

Can citizens access the anti-corruption agency?

73a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments: Vango (NGO) - "Always late to act when situation is right." Transnational Crime Uni t- " Sometimes it may take a while due to lack of manpower/human resources."

References: Vango Rep. Lae Sakita Daily Post Chief Editor Kierry Mannesah Transnational Crime Unit - Sergeant Andrew Kalman

73b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments: Under the fundamental rights - Andrew Kalman Most times fear of being expose - Lae Sakita

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