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TITLE: VANUATU HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
VANUATU
Vanuatu, a South Pacific island nation with a population of
170,000, became independent in 1980 after many years of joint
British-French rule. It has a parliamentary system of
government with a prime minister and a 46-member parliament.
The President has largely ceremonial powers, except when acting
on the advice of the Council of Ministers. Vanuatu's citizens
are divided by a variety of languages, by the nation's
separation into more than 80 islands, and by their colonial
experience. Over time Vanuatu has largely overcome this
difference to forge a strong sense of nationhood. Political
legitimacy is based on majority rule, supported by both
Melanesian and Western tradition.
The civilian authorities control the small police and
paramilitary mobile forces.
Because the Vanuatu economy is dependent on international
trade, it is vulnerable to shifts in world market prices.
Growth in tourism and Vanuatu's offshore banking center were
expected once again to lead other sectors of the economy in
1993.
Restrictions on freedom of speech and press, together with the
treatment of women, remain the major human rights problems.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No political or other extrajudicial killings by the Government
or any organized group were reported.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
Constitutional provisions against torture and cruel, inhuman,
or degrading treatment are observed in practice and enforced by
the courts. While the law provides that prisoners shall have
recourse to an ombudsman, that position has never been filled.
d. Arbitrary Arrest, Detention, or Exile
There were no reports of arbitrary arrests. Arrest is by
warrant. The constitutional provision that suspects must be
informed of charges and given a speedy hearing before a judge
is observed in practice. There is no exile.
e. Denial of Fair Public Trial
The courts uphold constitutional provisions for a fair public
trial, presumption of innocence until guilt is proven,
prohibition against double jeopardy, the right of habeas
corpus, and appeal to the Supreme Court. The courts are free
of military or executive interference. There were no reports
of arbitrary or unfair exercise of judicial authority in 1993.
There were no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There was no arbitrary interference with privacy, family, home,
or correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Vanuatu's record of respect for the independence of opinion and
of the media is poor, and 1993 proved no exception. Although
the Constitution provides for freedom of speech and press, the
Government controls the national newspaper, radio stations, and
television company.
An independent newspaper, Vanuascope, opened in 1992 and
enjoyed relative freedom until August 1993, when the Government
banned media coverage of any statements by Father Walter Lini's
political faction, which was challenging the Government's
control over Parliament. When Vanuascope defied the ban, the
Government discussed revoking the editor's work permit and the
newspaper's publishing license. With the collapse of Lini's
challenge, the overt pressure on the newspaper relaxed but
remained behind the scenes.
Although strict controls over the media remain in place, the
Government has permitted more balanced coverage of significant
issues than was the case previously. Even so, the Government
continues to manipulate the media when it suits its political
advantage and to react harshly to any criticism. The political
opposition often encounters difficulty in getting its press
statements broadcast and published in the state-controlled
media, and coverage of opposition statements has sometimes been
delayed until the Government has prepared its response.
b. Freedom of Peaceful Assembly and Association
Permits must be obtained to hold public demonstrations and
rallies. The Government reportedly denied the National
Teachers Union permission to demonstrate during its June
strike. Nevertheless, the teachers marched on Parliament.
Several union leaders, including some who had not participated
in the march, were arrested. They were released after 2 days
in custody, and the court ultimately dismissed charges that
they had created a public disturbance. Twenty striking members
of the Vanuatu Public Service Association were arrested in
early December for involvement in a protest outside
Parliament. The public prosecutor released the group without
charge after approximately 1 hour.
There were no restrictions on the forming of political parties
or other groups.
c. Freedom of Religion
Freedom of religion is protected by law and has been generally
respected in practice. Missionaries of various Christian
denominations work without restrictions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
All citizens are free to travel internally and externally and
to return from abroad without restrictions.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right freely to change the government through
periodic multiparty elections. The Constitution provides for
parliamentary elections every 4 years. The Government of Prime
Minister Maxime Carlot Korman is comprised of the Prime
Minister's Francophone Union of Moderate Parties and the Deputy
Prime Minister's faction of the Anglophone National United
Party. In opposition are the Vanua'aku Party and four others.
Campaigns and voting are considered by outside observers to be
fair although government restrictions and pressure on the media
inhibit the ability of opposition parties to publicize their
views (see Section 2.a.). Elections to provincial and local
councils have also been freely contested and fair. There were
reports of discrimination in hiring and provision of services
against both persons and communities suspected of or known to
be supporting opposition political candidates. The Government
has also been charged with unfairly dismissing civil servants
for political reasons (see Section 6.a.).
In Vanuatu's traditional society, males are dominant and women
are frequently limited to customary family roles. This has
hampered women from taking a more active role in economic and
political life. There is only one female Member of Parliament.
She served as Minister of Health for part of the year.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Although there are no restrictions on the formation of local
nongovernmental human rights organizations, none has been
founded to date. A nongovernmental organization to promote and
protect the rights of women, the Committee on Violence against
Women, was formed in 1993. There were no requests for
investigation by outside human rights organizations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
While women have equal rights under the law, they are only
slowly emerging from a traditional culture characterized by
male dominance, a general reluctance to educate women, and a
widespread belief that women should devote themselves primarily
to childbearing. Members of the National Council of Women
(NCW) view village chiefs as a primary obstacle to the
attainment of social, political, and economic rights by women.
There are no women serving as leaders in Vanuatu's municipal or
village councils, churches, or chambers of commerce.
While no accurate data are available, violence against women,
particularly wife beating, is reportedly common. However, very
few cases of wife beating are brought to the attention of the
authorities, and even fewer are prosecuted. Usually the cases
are dropped by the women involved before going to court. The
police are reluctant to intervene in what are considered purely
domestic matters. Although there are no specific laws against
spouse beating, the courts have at times dealt severely with
such cases, using common law assault as a basis for imposing
punishment. Several cases have been reported in which victims
have died. In one case, the husband was tried and sentenced to
15 years in prison. In another, the family ultimately withdrew
the charges and the husband remains at liberty.
The majority of women enter into marriage through "bride price
payment". On those islands where the custom of paying "bride
price" is observed, the woman is regarded as the property of
the husband and may be dealt with as he chooses.
Children
Children are loved and protected within the traditional
extended-family system, in accordance with the family's
financial resources and access to services. Members of the
extended family, particularly paternal uncles, play an active
role in a child's development. As a result, virtually no
children are homeless or abandoned. Though cases of child
abuse are sometimes reported, there is no pattern of societal
abuse. Although the present Government has made education a
priority, access is limited and school attendance is not
compulsory. Within the limits of its resources, the Government
is committed to the welfare, and the protection of the rights,
of children.
National/Racial/Ethnic Minorities
Most of the population is comprised of Melanesians whose
ancestors probably originated in New Guinea. Small minorities
of Chinese, Fijians, Vietnamese, Tongans, and Europeans are
generally concentrated in two towns and on a few plantations
and experience some discrimination with regard to land
ownership. Although there have been allegations of corrupt
practices by members of the Government, there is no evidence to
suggest a pattern of ethnic discrimination in the provision of
basic services.
People with Disabilities
There is no known governmental or national policy on the
disabled. Their protection and care is left to the traditional
extended family and voluntary nongovernmental organizations.
Section 6 Worker Rights
a. The Right of Association
Vanuatu's workers have the right to organize unions. Unions
may not affiliate with international labor federations without
government permission. The fundamental legislation
establishing the right to organize unions, setting out the
scope of union activity, and providing for the arbitration and
conciliation of labor disputes consists of the Trade Union Act
of 1983 and the Trade Disputes Act of 1983. Complaints of
antiunion discrimination are referred to the Commissioner of
Labor.
There are 5 trade unions with over 4,000 members in the private
and public sectors. The high percentage of the population
still engaged in subsistence agriculture and fishing serves as
a deterrent to extensive union activity. The unions are
grouped under an umbrella organization, the Vanuatu National
Committee of Unions, which is a member of the International
Confederation of Free Trade Unions. The trade unions are
independent of the Government.
Strikes seldom occurred in the past, due in part to high rates
of unemployment. In 1993 an important strike took place when
over three-quarters of Vanuatu's teachers walked off the job,
demanding a 25 percent increase in their salaries. Although
the 3-week strike was ultimately settled when the Government
granted the teachers a 5 percent salary increase, the
Government failed to handle the matter within the established
framework of the country's labor laws. The strike was resolved
after civil servants threatened to generalize the strike. In
the wake of the teachers' strike, the Government refused to
allow two officials of the South Pacific Council of Trade
Unions to enter the country, resulting in the cancellation of
the council's triennial conference, scheduled to be held in
Port Vila. In late November, the Vanuatu public service union
went on strike seeking a 16-percent pay raise to compensate for
inflation. At year's end the strike continued. The courts
declined the union's mid-December request that a conciliator be
appointed and ordered the opposing parties to engage in
face-to-face negotiation.
Unrelated to the strikes discussed above, and ignoring legal
requirements for notification, the Government summarily
dismissed a number of civil servants. Critics contend that the
Government's motivations are political. Several of the people
dismissed have successfully fought their dismissals through
appeal to the Vanuatu national court system. Others are
expected to appeal.
b. The Right to Organize and Bargain Collectively
Unions exercise the right to organize and bargain
collectively. Labor unions negotiate wages and conditions
directly with management. If the two sides cannot agree, the
matter is referred to a three-member Arbitration Board
appointed by the Minister of Home Affairs. The board consists
of one representative from organized labor, one from
management, and the senior magistrate of the magistrate's
court. While a dispute is before the board, labor may not
strike and management may not dismiss union employees. Unions
and management, however, generally reach agreement on wages
without having to refer the matter to arbitration.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, and there have
been no reports that either is practiced.
d. Minimum Age for Employment of Children
Children under 12 years of age are not permitted to work
outside of family owned agriculture, where many children assist
their parents. Employment of children from 12 to 18 years of
age is restricted by occupational category and conditions of
labor--for example, restrictions on employment in the shipping
industry and nighttime employment. The laws are effectively
enforced by the Labor Department. The high level of
unemployment discourages the use of child labor.
e. Acceptable Conditions of Work
Vanuatu has a legislated minimum wage, effectively enforced by
the Labor Department. Minimum wage rates were last raised in
November 1991 to $107 monthly for urban workers and $93 monthly
for rural workers (13,200 and 11,440 vatu, respectively).
Agricultural workers' minimum wages are tied to the market
prices for copra and cocoa. Most workers are not in the wage
economy and are thus outside the scope of the minimum wage
laws. For those covered by them, the wages provide an adequate
standard of living within the local context.
Various laws regulate the rights to sick leave, annual
vacations, and other conditions of employment, including a
44-hour maximum workweek. Vanuatu's Employment Act, enforced
by the Labor Department, includes provisions for safety
standards. However, the 1987 safety and health legislation is
inadequate to protect workers engaged in logging, agriculture,
construction, and manufacturing. It lacks provisions for
sanitation and protection against substandard electrical
wiring, machinery, and exposure to agricultural and industrial
chemicals. Even so, the single inspector attached to the Labor
Department is hard pressed to enforce the Act fully. After
visits by International Labor Organization consultants, a new
occupational health and safety act and an industrial relations
act have been drafted. It is expected that they will be
submitted to the Parliament in 1994.
[end of document]
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