Ensuring Political Stability: Analysis of the Vanuatu Constitution (Eighth) (Amendment) Act No. 21 of 2023

Introduction

In December 2023, the Parliament of Vanuatu passed the Constitution (Eighth) (Amendment) Act No. 21 of 2023, a significant step towards political and electoral reform in the country. This amendment introduces Articles 17A and 17B into the Vanuatu Constitution, aimed at ensuring the stability of the political system and the integrity of parliamentary representation. However, for these provisions to come into effect, a national referendum, scheduled for May 29th, 2024, is required as per Article 86 of the Constitution. This article examines the implications and objectives of Articles 17A and 17B, highlighting their importance in the context of Vanuatu’s political landscape.

Article 17A: Vacation of Seat due to Resignation or Termination

Article 17A addresses the issue of members of Parliament resigning from or being terminated by their political parties, thereby ensuring that parliamentary representatives maintain their party affiliations throughout their terms. The key provisions of Article 17A are as follows:

1. Notification Requirement: The President of a political party must notify the Speaker of Parliament within 14 days of a member of Parliament resigning from or being terminated by their political party.
2. Declaration of Vacancy: Upon receiving notification from the party President, the Speaker of Parliament must declare the seat of the respective member vacant within 7 days.

By implementing these measures, Article 17A aims to prevent instability arising from members of Parliament changing their party affiliations during their terms, thereby upholding the integrity of the parliamentary system.

Article 17B: Vacation of Seat of an Independent Member

Article 17B focuses on ensuring that certain categories of members of Parliament maintain their affiliations with political parties throughout their terms. These categories include independent members, sole representatives of political parties, and members representing custom movements. The key provisions of Article 17B include:

1. Affiliation Requirement: Members falling within the specified categories must inform the Speaker of Parliament of their political party affiliation within 3 months of being elected and after the first sitting of Parliament.
2. Vacancy Declaration: Failure to inform the Speaker of Parliament of their party affiliation results in the declaration of the member’s seat as vacant. Additionally, if a member ceases to be affiliated with their political party, the party President must notify the Speaker within 14 days, leading to the declaration of vacancy within 7 days.

Article 17B aims to ensure that all members of Parliament are aligned with political parties, thereby promoting transparency and accountability within the parliamentary system.

Conclusion

The introduction of Articles 17A and 17B through the Constitution (Eighth) (Amendment) Act No. 21 of 2023 represents a significant step towards enhancing political stability and integrity in Vanuatu. These provisions underscore the importance of maintaining party affiliations among parliamentary representatives and provide mechanisms to address instances of resignation, termination, or non-affiliation. As Vanuatu prepares for the upcoming national referendum, the adoption of Articles 17A and 17B signals a commitment to strengthening the democratic process and ensuring the effective functioning of the parliamentary system.