PORT VILA, TUESDAY 15th April, 2025 - A raft of amendments to the national Constitution is set to go before parliament at the end of this month 30th of April 2025. These were approved recently by the Council of Ministers.
The first amendment significant change to the Constitution would allow for exceptions to Article 5(i)(k) to cater for the creation of what would be known as Economic Development Zones. Article 5 (i)(k) states:
“equal treatment under the law or administrative action, except that no law shall be inconsistent with this sub-paragraph insofar as it makes provision for the special benefit, welfare, protection or advancement of females, children and young persons, members of under-privileged groups or inhabitants of less developed areas.”
Under the proposed amendment, the exceptions would effectively provide for the establishment of new Economic Development Zones (EDZs), an initiative intended to encourage more private investments with a range of privileges within designated areas. Discussions over such an initiative are not new. The concept was first floated in the late 1990s, but only briefly.
This time, the Government is more optimistic that it can create such economic zones, with South Santo and the north of Efate already ear-marked as first in line for implementation. The new changes would further allow for reforms to certain laws and regulations to be adopted in the EDZs to enhance prospects for economic activities and ease of doing business. The Government anticipates that with the EDZs, it can create more opportunities for job creation and revenue generation through an expanded tax base.
The second amendment to be considered – also approved by COM this past week, is a new provision that would effectively recognize only two sexes in Vanuatu – one that is assigned at birth. The amendment is considered well in line with the visions of the founders who in their wisdom decided that Vanuatu as a sovereign country, would be founded on Melanesian values and Christian principles.
Thirdly, in the continuing efforts to ensure lasting stability and consistency in the policy making and implementation process – and following on from the strengthening of the political party systems through 17A and 17B, the Government also wants to provide for a 12-month grace period for any sitting prime minister.
In continuing the former government’s reform efforts, Prime Minister Jotham Napat who will introduce the amendments at the special sitting of parliament, wants parliamentary support for the amendment now, before taking it to the people through a second national referendum, in accordance with Article 86 of the Constitution.
The final amendment, will make voting at a referendum compulsory. Once the plebiscite is called, the Government intends to use the opportunity to see and assess if compulsory voting could be applied to all national elections.