Vanuatu leader of the Opposition says they will not support the proposed amendment to Article 43 of the Constitution that seeks to prevent Parliament from passing a motion of no confidence within 12 months after a Prime Minister (PM) is elected.
Leader of the Opposition and Member of Parliament for Port Vila Constituency, Alatoi Ishmael Kalsakau, confirmed this to the Daily Post after Parliament affirmed that the Bill for the Constitution (Ninth) (Amendment) will be tabled for debate in the Special Sitting of Parliament at the end of this month.
The Bill seeks to amend the Constitution by adding a subsection (3) to Article 43, stating: “Despite subarticle (2), Parliament must not pass a motion of no confidence in the Prime Minister within 12 months of the election of the Prime Minister.”
This proposed amendment is part of the Government’s 100-day plan launched in early March and is listed as one of the priority policy directives under political reform.
The Government says the proposed 12-month grace period is intended to give the Prime Minister and the Government time to implement policies without the disruption of early political challenges.
A Government spokesperson said the grace period is seen as a way to maintain political stability and allow the Government to focus on its agenda without leadership changes or disruptions that could arise from political instability.
Tess Newton Cain, Principal Consultant with Sustineo Ltd, based in Australia, recently noted that this approach has been used elsewhere in the Pacific — including Papua New Guinea and Tonga.
“It has been suggested in the Vanuatu context before, so it is not very surprising to see it included here,” she said.
“Whilst it does in theory provide some valuable space for the Government to focus on policy implementation, it can also be problematic. One issue is that it almost ‘sets the date’ for when moves to unseat the PM or Government will begin. The other concern is that it makes it difficult to remove a PM or Government who may be acting against the national interest.”
To amend the Constitution, Article 85 states that: “A bill for an amendment of the Constitution shall not come into effect unless it is supported by the votes of no less than two-thirds of all the Members of Parliament at a Special Sitting of Parliament at which three-quarters of the members are present.”
Meanwhile, the Vanuatu Government is preparing to table a series of constitutional amendments during a Special Sitting of Parliament scheduled for 30 April 2025.
A statement from the Prime Minister’s Office (PMO) said that the Council of Ministers (COM) has recently approved four key amendments to the national Constitution — including the introduction of Economic Development Zones (EDZs), formal recognition of only two sexes assigned at birth, a grace period for sitting Prime Ministers, and compulsory voting in referendums.
The most noteworthy amendment, as outlined in the statement, would modify Article 5(i)(k) of the Constitution to allow for the creation of EDZs.
While the original provision protects equal treatment under the law and permits special benefits for vulnerable groups and remote communities, the proposed change would make exceptions specifically for the establishment of these zones.
EDZs, as the government explains, are intended to attract more private investment by offering regulatory and tax advantages in designated areas. South Santo and the north of Efate have already been identified as pilot locations.
The zones are expected to stimulate job creation, boost economic activity, and expand the country’s tax base.
Although similar proposals were briefly discussed in the late 1990s, this is the first time the initiative has progressed to the legislative stage. The government says it is confident in its ability to deliver on the concept this time.
The second amendment approved by COM seeks to define legally recognised sexes in Vanuatu as those assigned at birth — male and female only.
The government justifies this move as being consistent with the vision of the nation’s founding leaders and grounded in Melanesian values and Christian principles.
In a third proposed change, the government wants to introduce a 12-month grace period for any sitting Prime Minister — a reform aimed at improving political stability and continuity. This builds upon earlier reforms to strengthen political parties under Articles 17A and 17B.
The fourth amendment would make it compulsory for all eligible citizens to vote in any future national referendum.
Prime Minister Jotham Napat is expected to introduce the changes in Parliament later this month, and if passed, the reforms will be taken to the people in a second national referendum, as required under Article 86 of the Constitution.
The government says the referendum will not only test support for the proposed changes, but also serve as a trial for the possible introduction of compulsory voting in future general elections.
