The Vanuatu Law Reform Commission (VLRC) calls for the establishment of a Constitutional and Law Reform Commission.

There have been several attempts by governments in the past to amend the Constitution but those attempts were in vain due to political division between those in Government and the Opposition.

The Secretary of the Law Reform Commission, Lawson Samuel said that one missing aspect of our nation-building is an independent institution to facilitate constitutional review and matters associated with constitutional review such as referendums.

Accordingly, the VLRC has written to the former Prime Minister, Hon. Bob Loughman Weibur (MP) on 06th July 2022 and the incumbent Prime Minister Hon. Mau’ Koro Alatoi Ishmael Kalsakau (MP) on 15th February 2023 recommending the establishment of a Constitutional and Law Reform Commission.

In the note to the incumbent Prime Minister, the VLRC Secretary Lawson Jack Samuel stated that: “the VLRC believes that if there is any Prime Minister who would support this call, it would be the incumbent Prime Minister” given his background as a seasoned lawyer and former Attorney General of Vanuatu and a former Chairman of the Vanuatu Law Reform Commission.

There have been several claims that our Constitution is one of the best within our region.

It must be noted that it has to be reviewed as circumstances change over time.

We can also consider that our Constitution is also a hindrance to nation-building as it provides umbrella provisions but there is a lack of legislative procedural guidelines and provisions to guide the implementation of such constitutional provisions, so review is necessary.

The Vanuatu Law Reform Commission (VLRC) concurs with the view shared by the incumbent Prime Minister when he was the leader of the Opposition in 2016 that: “amendments to the Constitution should be done meticulously and there should not be any political motives….and these amendments should be taken to the people before it is taken to parliament”.

The VLRC is proposing the establishment of a Constitutional and Law Reform Commission to facilitate constitutional review and legislative review for the following reasons:

1. An independent institutional (facilitator) would get bipartisan support of the two sides of the House in any proposed amendments;

2. This independent institution would do away with the notion that every time there is a proposal for a constitutional amendment, these proposals are said to be politically motivated;

3. The analysis and findings would be independent;

4. This independent institution would conduct consultation and awareness on any amendment and referendum (if necessary) on any proposed changes to the Constitution;

5. The personnel of this institution would be full-time employees and they would have the time and capacity to undertake this task; and

6. There are certain legislative provisions that can only be reviewed after amendments to the Constitutions or vice versa so these can be done concurrently.

The VLRC believes that this proposal would enhance Vanuatu’s standing as a developing State, enhance nation building and advance constitutional reform in Vanuatu. The VLRC wishes the people of Vanuatu a happy 43rd Anniversary of Independence, and as we celebrate, it is important that we as a nation, take the bold stand to prosperity that is in consideration of our future generations.