Vanuatu’s Constitutional Reform Push Triggers Cascade of Legislative Amendments

The 2024 Vanuatu National Referendum centers around the Constitution (Eighth) Amendment Act No. 21 of 2023, which proposes to insert Articles 17A and 17B aimed at addressing political instability caused by MPs switching party allegiances.

However, this political reform effort also necessitated amendments to several other key pieces of legislation to align Vanuatu’s laws with the intended constitutional changes. A comprehensive legislative review was undertaken to ensure a cohesive legal framework if Articles 17A and 17B are adopted.

One of the major accompanying bills was the Political Parties Registration Act No. 15 of 2023. This act outlines updated guidelines and requirements for the official registration and regulation of political parties in Vanuatu. The reforms strengthen parties’ gatekeeping roles over their members contesting elections on that party’s ticket.

The Electoral Act No. of 2023 was another revised statute. It details new procedures for declaring vacant seats, calling fresh by-elections, and enforcing the party affiliation mandates under Articles 17A and 17B after the general election.

Updates to the Referendum Amendment Act No. of 2023 were also necessary to codify the specific rules and processes for conducting the upcoming national referendum vote itself.

Fiscal measures were included too, with the Supplementary Appropriation 2023 Act No. of 2023 allocating budgetary funds to the Electoral Commission and other state bodies to carry out the referendum and any ensuingby-elections.

Finally, the Decentralization Amendment Act No. of 2023 and Municipalities Amendment Act No. of 2023 enshrine some of the political reforms at local government levels as well.

So while Articles 17A and 17B represent the headline constitutional reforms before voters, this comprehensive legislative package demonstrates the far-reaching impacts across Vanuatu’s governing laws and institutions if the referendum passes. It was an intricate undertaking to harmonize the country’s democratic framework with the proposed anti-party hopping provisions.

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