Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696588197164.pdf (Vanuatu)
Government of the Republic of Vanuatu ANNUAL REPORT 2013 MINISTRY OF JUSTICE AND COMMUNITY SERVICES Access to Justice Across all Provinces Delays of Progress of Cases Crime Prevention and Impacts of Crime Customary Disputes Justice and Community Services Sector Human Rights Juvenile Justice Victim Support Infrastruct- ure Needs JASTIS, SEFTI, DIGNITI, RISPEKT MO GUD FASIN BLONG EVERIWAN 1 Ministry of Justice and Community Services Annual Report 2013 Table of Contents Acronyms FOREWORD From the Minister From the Director General About us Our Vision Our Mandate Our Agencies Our Staff – “the Hub” Our Priorities Our Efforts and Progress on High Level Commitments Priority Action Agenda (PAA), Planning Long Acting Short (PLAS) and the Millennium Development Goals (MDG) United Nations Conventions Justice and Community Services Sector Strategy Government’s 100 Day Plan Our Efforts towards Delivering Services Ministerial Portfolio Corporate Services Unit Department of Correctional Services Department of Women’s Affairs Child’s Desk Disability Desk Public Prosecutor’s Office Malvatumauri Council of Chiefs Customary Lands Tribunal Unit State Prosecutions Department Vanuatu Law Commission Our Finances Our Focus in the Year Ahead Appendices 2 Ministry of Justice and Community Services Annual Report List of Tables Table 1: Justice Sector Agencies Summary Table 2: Our progress towards implementing the PAA Table 3: Our progress towards implementing the Ratified United Nations Conventions Table 4: Cabinet Support Expenses Summary 2013 Table 5: Corporate Support Expenses Summary 2013 List of Figures Figure1: Our Structure Figure 2: Reporting and accountability arrangements between HOAG and Working Groups Figure 3: Number of detainees 2003-2012 Figure 4: DCS Performance against Quality Assurance Standards Figure 5: 2013- Outgoing Minister’s Gratuity Payments List of Boxes Box 1: Quota for Women’s Representation within Municipal Councils Box 2 PPO Progress on the Backlog of Cases-2013 9 15 16 41 42 13 19 22 24 40 26 33 3 Ministry of Justice and Community Services Annual Report 2013 Acronyms COM CLTU CSU DCS DWA HoAG Council Of Ministers Customary Lands Tribunal Unit Corporate Services Unit Department of Correctional Services Department of Women’s Affairs Heads of Agencies under the Justice Sector, including Departments, Constitutional Bodies and Statutory Bodies MG-VLP Mama Graon – Vanuatu Land Program MJCS MNCC Ministry of Justice and Community Services Malvatumauri National Council of Chiefs OHCHR Office of the High Commission for Human Rights PPO PSO Public Prosecutor’s Office Public Solicitor’s Office SRBJ Stretem Rod Blong Jastis – Vanuatu Law and Justice Partnership UPR VLC Universal Periodic Review Vanuatu Law Commission 4 Ministry of Justice and Community Services Annual Report 2013 FOREWORD From the Minister A good justice system has clear aims, just and fair decision-making, delivered in a timely manner.
In Vanuatu our criminal justice system is often burdened with crime committed by youth1.

Our system remains very focused on dealing with offenders, and often very little is focused on the protection of victims.

Similarly, our civil justice system is troubled by unwarranted delays and expenses with cases often brought to court that could sometimes be resolved earlier in more effective, less costly diversion mechanisms.
While the Ministry is very committed to delivering a good justice system, the ‘Community Services’ component needs to be strengthened with a government commitment reflected in budgeting and with strengthened role played by government in setting standards, policy directions and coordinating with service providers.

The Ministry of Justice and Community Services has been victim to larger political instability in Vanuatu over the last fiscal year, which resulted in six state ministers, from, Hon.
Toara Daniel, Hon.

Maki Simelum, Hon.

Sailas Yatan, Hon.

Thomas Laken, Hon.

Jonas James and Hon.

Christopher Emelee occupying the seat since January 2013.

Our Ministry has oversight of and provides support services to fourteen Justice Sector Agencies.
No other sector within Government has such a wide scope of service delivery areas, nor such a complex group of agencies that include independent arms of Government, constitutional, statutory, line departments and non-government organisations, some of which report to us or other Ministries for line management and budgetary purposes but are an integral part of the functioning of the Justice sector as a whole.

Since January 2013, the Government has taken steps to tackle crime.
The violent deaths of two young women (in Port Vila and Erromango) and one young man (in Port Vila) in June and July saw the Ministry being more involved in discussions and action with the rest of Government to tackle youth justice issues, including high level discussions at both the DCO and Council of Ministers levels and commitments to tackle the issue across the Government Ministries and Agencies concerned.
Our collaborative and supportive relationship with the Constitutional and Statutory bodies across the sector has supported a team-based drive to implement eight priority sector strategies defined over a significant period of consultation by the sector.

The strategies target the following issues: customary disputes, victim support, juvenile justice, human rights, access to justice across provinces, infrastructure, and cases progression, and crime and impacts of crime.
We have set ourselves up and are working with our partners as well as our communities to tackle underlying factors associated with crime.

In 2013 through our partnership with Stretem Rod Blong Jastis, we held the inaugural Youth Justice Symposium in July.

The aim of the Symposium was to offer youth opportunity to meet with justice sector representatives and for 1 Youth defined in Vanuatu National Youth Strategy as young people between the ages of 12-30years old.
5 Ministry of Justice and Community Services Annual Report 2013 both to understand each other better as well as supporting a greater understanding by youth of the laws governing the country.

Vanuatu Law Commission reviewed the country’s drug laws, publishing its report late last year.
This coming year, 2014 will see the implementation of new upgraded correctional facilities, supported by the New Zealand Government, built on Tanna, Santo and Efate, including a juvenile correctional facility in the Efate facility.

Our Child Protection pilot in Tafea Province continued in 2013, with funding by UNICEF.

The past year saw two Commissions of Inquiry set up in the Ministry to investigate Sale of Passport concerns and the outstanding South Pacific Fishing Company’s Fishermen Compensation Claim.
The recommendations made by those reports will be implemented in the year ahead.

The year 2013 saw Vanuatu begin preparing its 2nd delegation to the United Nations to report to the Universal Periodic Review working group.

The team will be reporting on human rights protection and abuses on all UN Conventions that the country has ratified.

It is an exciting time for Vanuatu, while we attempt to tackle the issues in a way that is transparent and accountable to our community.
Overall our agenda for 2014 seems very demanding.

Obviously the focus of the Ministry will target improving service delivery in our outer islands through the activities of Departments and Agencies across the sector, according to each of their 2014 Business plans.

Special effort by the Ministry will need to be given to the UN Conventions for which the Ministry is responsible for, especially for Women, Children and those persons living with a Disability.
The success of these efforts will also largely depend on availability of budget funds.

On that note it is my strong hope that the Ministry and all departments and agencies under this Ministry, will do their best to provide their services, much needed by our people, especially to those in the rural areas of Vanuatu, as this is a main objective of Government.
I also wish to take this opportunity to thank the Honourable Prime Minister, the Minister for Finance, and other Ministers and Ministries, Departments, Government Agencies, and Civil Society for their support to and cooperation with the Ministry throughout 2013.

I respectfully call on them all to continue with this mutual collaboration in 2014.

Thank you all.

Hon.


Alfred Rolland CARLOT, MP Minister of Justice and Community Services 6 Ministry of Justice and Community Services Annual Report 2013 From the Director General For the Ministry of Justice and Community Services as well as the Chairman of the Heads of Agencies group that implements the Justice and Community Services Sector Strategy.
I took up Office as the Director General of the Ministry of Justice and Community Services in August 2013, at an exciting period in the Justice and Community Services Sector.

The past year has resulted in the Ministry take a leading role in partnership with our development partners to enable the Justice and Community Services Sector to work collaboratively together in pursuing a fair and just system of justice that takes into account our culture and Kastom.
With the support of our partners, we have taken initiatives to address the protection of women and girls, child protection, putting effort into addressing the Disability issue, protection of human rights, customary disputes, victim support, juvenile justice, crime prevention and access to justice across all provinces.

I commend former Director Generals who have helped to set the Ministry on this course.
But it is only because of the dedication, commitment and professionalism of the Heads of Agencies, the Task Force and the officers from across the constitutional bodies, statutory bodies, departments, our civil society stakeholders and development partners that change is slowly but surely being realised.

We have a reason to be proud of the achievements and the commitment we have shown in working together to tackle sector priorities this year.
We still have a long way to go to deliver a Justice system to the people of Vanuatu that is fair and just and serves both victims and offenders equally.

As a sector we continue to face financial and political pressure, so it is crucial that we steer a consistent and steadfast course to seek ways to improve our service delivery in an efficient and effective way that is tailored to the needs of our country.
We have started taking small steps across the justice and community services sector to fulfil these commitments, and we will continue to build on those steps over the coming years to work consistently towards our goal of a just, safe, dignified and respectable society.

This is the first Annual Report containing the Sector’s progress against government priorities as an integrated justice and community services sector.
I congratulate the agencies across the sector for their efforts in contributing to this report.
I also wish to acknowledge and thank all our Development Partners, and Donor’s especially the Governments of Australia and New Zealand, and others, non-government local as well as International organisations such as the Pacific Islands Forum, the World Bank, the ADB, Save the Children Australia, Oxfam, Care Australia, World Vision, the UN, UNICEF, UN Women, the Red Cross, Vanuatu Women’s Centre and many more, which have through different special projects, financially, and with the support of technical persons, greatly assisted the Ministry with its work in 2013.
I further note that we were able to assist the Minister and Government to put through Parliament, two (2) Bills (Statue Law (Miscellaneous) Provisions Act, which saw come into effect, various Amendments to Several Existing Laws in the Country.
In concluding my remarks, I further wish to encourage all Justice and Community Sector (Constitutional bodies, Statutory bodies, Departments, Non-Government Agencies 7 Ministry of Justice and Community Services Annual Report 2013 organisations, and Civil Society stakeholder’s), that as they develop their business or annual work for plans for 2014, they look at practical and cost effective ways to deliver their services to the People, especially in the rural and remote areas of Vanuatu.
In addition I encourage that they make maximum use of modern technology and the mass media to campaign and educate the people across the country on Law and Justice, and Human Rights issues.
They should also continue to strive to identify acceptable and collaborative ways to work with existing traditional custom governance and cultural systems, as well as existing religious and faith based organisations and systems within the communities to build preventive approaches to managing community and people Law, Justice and human rights issues.

Thank you and God bless you all.


Joe Ligo Director General and Chairman of HoAG 8 Ministry of Justice and Community Services Annual Report 2013 About us Our Vision The Ministry holds the same vision and mission as the Justice and Community Services Sector Strategy.
Our Mandate The Ministry of Justice and Community Services (MJCS) is responsible for, or provides support to, a number of agencies within the justice system: the courts (Supreme, Magistrates, Island Courts), the tribunals, the correctional centres, child rights, family protection, disability advocacy and services, empowerment of women, and public prosecution and defence services as well as legal advice to government.
It also provides support to agencies that review law, make new laws and implement relevant UN Conventions including those that relate to the matters described above as well as safeguarding human rights.
Main Delivery Arms Ministerial Portfolio Corporate Services Unit Department of Correctional Services Department of Women Affairs Child Desk Disability Desk Constitutional Bodies Judiciary and Judicial Service Commission Public Prosecutor’s Office Public Solicitor’s Office Malvatumauri National Council of Chiefs Ombudsman’s Office (reports to the Prime Minister’s Office) Statutory Bodies Vanuatu Law Commission Customary Land Tribunal Unit Other Bodies that the Ministry provides support State Prosecutions Department (under the Ministry of Internal Affairs as well as MJCS) State Law Office (reports to the Prime Minister’s Office) Vanuatu Police Force (reports to the Prime Minister’s Office) 9 Ministry of Justice and Community Services Annual Report 2013 the Elimination of All Forms of UN Conventions Implemented by the Ministry United Nations Convention on the Rights of a Child (UNCRC) United Nations Convention on the Rights of Persons with Disability (UNCRPD) United Nations Convention on Discrimination Against Women (UNCEDAW) United Nation’s Convention Against Torture (UNCAT) International Covenant on Civil and Political Rights (ICCPR) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (OP-CEDAW) Optional Protocol on the Rights of the Child on the involvement of children in Armed Conflict (OP-CRC-AC) Optional Protocol on Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography Our Agencies The MJCS in collaboration with the Justice & Community Services Sector cover the largest jurisdiction in government.
Each year, hundreds of men, women and children access the services provided through this sector.

Our core function is to support all parts of the justice and community services in promoting justice and providing fair and accessible equitable, services, and to enable collaboration and coordination in the effective and efficient delivery of service.
The Department of Women’s Affairs and the Department of Correctional Services offer our services to hundreds of people throughout the six (6) provinces of the country, with facilities including 4 Correctional Centres.

We also support the Provincial work of the courts, prosecution, solicitors and tribunals.
Table 1: Justice Sector Agencies Summary Service Delivery Arms Responsibility Recurrent Budget Development Partner Support Staff Ministerial Portfolio Provide policy direction on the priorities of the government of the day.
42,394,224 - 20 staff Corporate Services Unit (CSU) or “the Hub” Supports the Office of the Director General, the MJCS political portfolio, coordinating development partner support, coordinating cross sector agency developments and providing key services to the Departments within the Ministry as well as Constitutional and Statutory Bodies Seek to advance the status of Ni- 29,720,487 - 6 Staff 6,084,345 (SRBJ) 10 Ministry of Justice and Community Services Annual Report 2013 Department of Women’s Affairs Department of Correctional Services Child Desk Disability Desk Vanuatu women and to enhance their lives through focused policy formulation, targeted action plans and working in strategic partnerships.
The Department’s mandate is underpinned by the Women in Development approach and by the Gender and Development approach.

The Department delivers custodial sentence management via Correctional Centres and community based sentence management via the Probation Service.

It manages around 230 detainees within four Correctional Centres and more than 400 offenders in communities throughout Vanuatu.
Developing/strengthening national action plans for children with a wide involvement from civil society, including non- governmental organizations (NGOs) and children.

Disability Desk is responsible for the implementation of Disability related policies and Convention on the Rights of People with Disability and coordination disability issues country wide.
37,527,797 182,906,929 2,606,432 (UNWomen) 920,174 (World Bank) 20,000,000 (New Zealand Government) 4,252063 (SRBJ) 15 staff 127 staff 2,000,000 3 staff 2013 – 1,588,000 From pool of 6,334,284 (UNICEF (from 2012) 4,000,000 3,336,575 (SRBJ) 2 staff 496,500 (WHO) In addition to the four main service delivery arms, the agencies that we provide support to include the following.
These agencies and their mandate is provided below: Recurrent Budget (VT) Administration of Justice Development Partner Support (VT) 5,529,291 (SRBJ) Staff 185,905,746 Other Bodies (Constitutional, Statutory) Judiciary Supreme Court Magistrate Court Responsibility The Supreme Court has unlimited jurisdiction to hear and determine civil and criminal proceedings Supreme Court has jurisdiction to hear civil and criminal appeals from a magistrate’s court and to hear appeals from island courts as to ownership of customary land.
Its decision in such cases is final.

The Magistrates' Court has jurisdiction to hear cases where the amount claimed or the subject matter in dispute does not exceed vt1,000,000; disputes 11 Ministry of Justice and Community Services Annual Report 2013 between landlord and tenant where the amount claimed does not exceed vt 2,000,000; and cases involving uncontested petitions for divorce or nullity of marriage.
In its criminal jurisdiction, the Magistrates' Court hears cases that concern any criminal proceedings for an offence for which the maximum penalty does not exceed 2 years imprisonment.

It has jurisdiction to hear appeals from civil decisions from Island Courts, except decisions as to ownership of land, where appeal is to the Supreme Court.

The Island Courts are specifically empowered to administer the customary law prevailing within their territorial jurisdiction.
Aims to preserve and promote culture and languages, support and encourage customary practice, uphold custom and tradition and ensure the effective operation of Malvatumauri through appropriate resources Prepares and conducts effectively, economically and efficiently on behalf o the Public Prosecutor on any prosecutions, other legal proceedings or matter in which the Public Prosecutor is involved.
Provides certain legal services to the Citizens of Vanuatu, particularly to ensure that that everyone charged with an offence shall have a fair hearing, within a reasonable time, by an independent court and be afforded a lawyer if it is a serious offence.

The Funciton of the Public Solicitor is to provide legal assistance to needy persons.

Responsible for ensuring that written legal advices are provided to the Government on time.
Administers effective governance and responsible leadership in Government and protects the use of the official languages for the benefit of the people of Vanuatu.
Study and keep under review the laws of Vanuatu Island Court Malvatumauri National Council of Chiefs Public Prosecutor’s Office Public Solicitor’s Office State Law Office Ombudsman of the Republic of Vanuatu Vanuatu Law Commission Customary Land Develops and implement culturally acceptable dispute resolution tools in Vanuatu with 42, 485,289 5,241,578 (MG-VLP) 7 Staff 37,451,532 779,557 (SRBJ) 15 Staff 47, 236, 950 92,199,458 Report provided to PMO 40,972,648 14 Staff 11,349,840 7,606,759 10,035,006 (SRBJ) 60,000,000 (MG- VLP) 8 staff 16 Staff 12 Ministry of Justice and Community Services Annual Report 2013 Tribunal Unit State Prosecutions Department the Malvatumauri National Council of Chiefs to minimize and control land disputes.
Assists the Office of the Public Prosecutor prosecute criminal cases in the Magistrates’ Court.

State Prosecutors are Police officers appointed by the Public Prosecutor in order to carry out the function of the Public Prosecutor, according to section 8 of Public Prosecutors Act number 7 of 2013 No Budget 346,866 (VAPP) 11 Staff (Dependent on PPO’s budget of 37,451,532) 1,267,835 (SRBJ) Note : The Ombudsman’s Office and State Law Office are under the direct oversight of the Office of the Prime Minister.
The State Prosecution’s Department is a Department of the VPF and is under the direct oversight of the Ministry of Internal Affairs and PMO with close operational and budgetary links to the PPO, supported by the MJCS.
Figure1: Our Structure Ministry of Justice and Community Services Our Delivery Arms Agencies We Provide Support To  Cabinet  Corporate Services Unit  Department of Corrections  Department of Women’s Affairs  Child Desk  Disability Desk Constitutional Bodies  Judiciary  Office of the Public Prosecutor  Office of the Public Solicitor  Malvatumauri National Council of Chiefs  Office of the Ombudsman Our Staff – “the Hub” Statutory Bodies Other Bodies  Customary Land Tribunal Office  Vanuatu Law Commission  State Law Office  State Prosecutions Department  Civil Society Organisations  Faith-based organisations Our core office referred to as the Corporate Services Unit (CSU) also known colloquially as ‘the hub’ supports the Office of the Director General, and the MJCS political portfolio, coordinates development partner support and cross sector agency developments, and provides key services to the Departments within the Ministry as well as Constitutional and Statutory Bodies.
The Corporate Services Unit (CSU) under the Ministry of Justice and Community Services has in its structure a total of six positions.

(See Appendix 1: Corporate Structure and Staff).

13 Ministry of Justice and Community Services Annual Report 2013 All these positions are located in Port Vila, Efate.

From this, four positions are currently filled, with the exception of the Policy Advisor and Secretary /filing Clerk.
The Human Resource Officer, Finance Officer and Executive Officer positions are currently filled with incumbents recruited prior to 2013.

In 2013, the Corporate Service engaged the services of two support officers in the area of administration and finance.

The Secretary/Filing Clerk position is vacant after the previous incumbent was awarded the position of Finance Officer by the Public Service Commission.

Recruitment of a Secretary/Filing Clerk and Policy Advisor is expected to proceed in 2014.
Negotiations are underway for the physically relocation of Childs Desk and Disability Desk from the Department of Women’s Affairs to the Corporate Service Unit.

This move provides for improved monitoring and reporting from the Office of the Director General as well as oversight for those desks.

The move also raises the profile of these important portfolios and will help ensure that the Ministry is aware of current issues, and readily able to promote these at a political level.
Throughout 2013, a total of only four staff worked in the Corporate Services Unit with the help of two support officers.

The corporate support to line agencies is vital, and in 2013 the Corporate Service Unit played an active role to support and provide technical assistance to Departments and Agencies.

To support the implementation of the JCSSS, the CSU in partnership with SRBJ consulted with line agencies and completed a structural and functional review to revisit the CSU structure.
The result of this work is a revised CSU structure designed to strengthen corporate services functions, as well as to better accommodate the priorities identified in the JCSSS.

The structure includes additional key positions such as the Human Rights Coordinator and Projects Coordinator.

The structure has been submitted to the Public Service Commission and it is likely approval and recruitment of key roles will proceed in 2014, some with the funding support of SRBJ.
Our Priorities Our priorities are to facilitate, coordinate, support and ensure the sector effectively and efficiently delivers services to the people of Vanuatu.

We are mandated to create an enabling environment for the sector to provide efficient and effective justice and community services, as well as progressive achievement of development goals as outlined in the eight strategic priorities that were carefully developed by the Justice and Community Services Sector in 2013.
The strategic priorities include: customary disputes resolution, juvenile infrastructure needs, human rights, crime prevention, case justice, victim support, progression and access to justice across all provinces.

One key priority is improving progression of cases through the sector to ensure timely access to justice.

Our current justice system is slow with some case delays.
Victims are not sufficiently supported or considered in the current justice system and juvenile offenders are dealt with in a similar manner to adult offenders.

Our Justice system needs additional infrastructure and improvements to existing infrastructure, strengthened human and budgetary capacity and stronger institutions to deliver better service to the people.
14 Ministry of Justice and Community Services Annual Report 2013 Another priority and achievement in 2013 was the completion of a capacity assessment process in partnership with SRBJ.

The Ministry along with eight (8) other Departments and Agencies, participated in a number of assessment activities with the results revealing a range of development opportunities that will be progressed in 2014 through a Justice and Community Services Sector Capacity Development Strategy.
The assessment was comprehensive, engaged with around 120 staff at all levels, and produced data and knowledge about a range of capacity development priority areas including: job related skills, professional and technical skills (e.g.

the specific needs of lawyers), leadership and management, organisational to support cross sector collaboration to drive improvements in service delivery performance.

improvements and capacity There is a real need for us to do things better.
As a sector, we identified and examined the issues we wanted to solve, we prioritised them, and we are getting organised to drive change and see that our priorities are achieved.

Our Efforts and Progress on High Level Commitments 2Priority Action Agenda (PAA), Planning Long Acting Short (PLAS) and the Millennium Development Goals (MDG) The Government’s PAA 2006 – 2015 was updated in 2012.The PLAS 2013 – 2016 matrix builds on previous PLAS.
Both documents cover indicators that are consistent with the Millennium Development Goals (MDGs) including the promotion of gender equality and empowerment of women.

For the purposes of this report, we focus on the PAA through Policy Outcome 3.2, 3.4.

The table below describes our progress towards achieving the output indicators in the PAA.
Table 2: Our Progress towards implementing the PAA and PLAS3 PO 3.2 To provide stable institutions Key Completed On Track/On-going activity Warrants Attention Indicators Law and Justice sector framework reviewed and approved by COM; Case throughput rate in PPO, SPD, PSO and SLO4 New correctional facility built.

Rating Comments Justice and Community Services Sector Strategy Framework was reviewed and approved by COM in March 2013.
Completed 100% These figures will be provided in 2014 June 2013, the Minister of Justice and Community Services requested support for infrastructure development on Tanna and Santo and Port Vila.

In September 2013, HE Bill Dobbie wrote to PM confirming renewed support for infrastructure development including Erangorango facility (provided that 2 Identifying true backlog is dependent upon the development of time standards which is underway in the Courts.
3 Indicators in these two documents are used interchangeably (outputs & outcomes), hence information extracted and portrayed here is both outputs and outcomes oriented.

4 Provided by SRBJ 15 Ministry of Justice and Community Services Annual Report 2013 New court house built Backlog of court cases pending Malvatumauri Act reviewed and approved by Parliament Land Tribunal Act reviewed and approved by Parliament; Human Rights Commission established.
Number of Public Solicitor Offices in the Province Number of public prosecution Offices in the provinces.

% of disputes settled through CLTs which are appealed Vanuatu Government by June 2014 demonstrates clear progress on road and services required for the site).

In 2014/15, the NZ Government would work our Government to prepare detailed designs for the further phase of investment in the National prison infrastructure.
A committee has been appointed by the Prime Minister’s Office (PMO) oversee the progress to building of a “Hall of Justice”.

So far the committee has been unsuccessful in securing a development partner for the project.

True backlog identification in the courts is dependent upon the development of time standards which is currently underway in the courts.

The courts will be in a better position to provide this data in 2014.

The National Chiefs Act was reviewed in 2013.


A COM paper was drafted as a result of this review and now being discussed with the PMO.

The Customary Land Tribunal’s Act was repealed and replaced by the Customary Land Management Act and approved by Parliament in 2013.

The amendments to the Act will be implemented in 2014.

An interim National Human Rights Committee was established in 2013.

This committee is yet to be formalized.

It is envisioned that this will take place in 2014.
The National Human Rights Committee will assist the MJCS in establishing the Human Rights Commission.

There are 4 Offices in the Malampa, Tafea, Shefa and Sanma Province.

These offices are located on Malekula, Tanna, Efate and Santo.

The Office in Malekula was vacated in 2013 and is yet to be re-established.

There are two Offices of PPO, located in Shefa Province and Sanma Province, namely Efate and Santo.
In 2013, there were 15 new cases received through the CLT, 87% of disputes settled through CLTs were appealed to a higher land tribunal.

Family protection Act reviewed Act was not reviewed to date.
PO 3.4 To promote gender equality and empowerment women Indicators % of women in wage employment in the non-agriculture sector Comments 48% in the Services Sector 17% in the Industry Sector Track % of women in positions of DGs, SGs, Clerks, and Directors in Public Service 0% of Women occupy DG positions 17% of Women occupy SG positions 0% Women occupy town clerk positions 4% women occupy the position of Directors in Public Service.
% of Women in Parliament, Provincial and Municipal Council 0% of women in Parliament 0% women elected representatives in all 6 provincial councils In July 2013, the Council of Ministers approved the amendment to the Vanuatu’s Municipality’s Act in providing a 30 percent quota for Women’s Representation within all Municipality Councils in Vanuatu and was unanimously passed in parliament on November, 2013.

It is expected that in 2014 there will be more women elected to the reserve seats provided by the Act.
Number of gender programs in Gov Ministries Inclusion of the GRB in national budget statement Number of gender programs undergone cost benefit analysis 7 out of 11 Government Ministries carry out a number of gender programs.

No inclusion of GRB in National Budget Statements.

No government gender programs undergone a cost benefit analysis.

16 Ministry of Justice and Community Services Annual Report 2013 United Nations Conventions Vanuatu is party to a number of United Nation Conventions.
All the human rights conventions are implemented through the Ministry of Justice and Community Services.
In 2013, we were fortunate to be supported by the Office of the High Commission for Human Rights (OHCHR) by the provision of a UN Volunteer who assisted the Ministry in driving the establishment of the National Human Rights Committee (NHRC), development of the Universal Periodic Review (UPR) Report and assistance to the External Inspection Team to report on the United Nation Convention Against Torture (UNCAT).
Our inconsistent progress towards the UN Conventions has been partly due to the changes in Ministers resulting in the shifting in political priorities.

Whilst this is a key factor, we are confident that we will be able to progress implementation and reporting with continued future assistance from the OHCHR in 2014.

The table below shows a list of all the Conventions ratified and progress towards reporting to the United Nations.
Table 3: Our progress towards implementing the ratified United Nations Conventions Treaty Body or UN mechanism Key Date Ratified Tracking Progress Completed On Track Draft Completed Overdue National Human Rights Committee (NHRC) Universal Periodic Review (UPR) - - 21st Nov 2008 8th Sep 1995 International Covenant on Civil and Political Rights (ICCPR) Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) In 2013, an interim National Human Rights Committee (NHRC) was appointed by MJCS to co-ordinate and oversee the activities for implementation and reporting to the UN human rights mechanisms (including treaty bodies, the UPR and UN Special Procedures).
The NHRC supported the UPR Committee in preparation for the 2nd UPR.

This committee has yet to be formalised.

Vanuatu went through the first UPR in 2009, and is due for the second UPR on 30 January 2014.

The preparation for the 2nd UPR started in March 2013 when the MOJCS assisted the then Prime Minister, Sato Kilman, to appoint a UPR committee for co-ordinating the UPR reporting and implementation.

This UPR Committee consisted of 9 government officials and 1 civil society representative.
By November Vanuatu submitted its 2nd national report to the UPR.

In December 2013 the MOJCS in consultation with the UPR Committee appointed a delegation to attend the Human Rights Council UPR session in Geneva.

The team are scheduled to leave for Geneva in February 2014.

Initial Report was overdue since 28th February 2010.

Latest Report was submitted on the 2nd of March 2005.

Combined 4th & 5th completed in 2013.


Now awaiting approval from COM 17 Ministry of Justice and Community Services Annual Report 2013 Latest report submitted in 1997.

2nd Report is overdue since 5th August 2000.

Draft 2nd, 3rd and 4th Reports completed in 2013.

Initial report due July 2012.

In 2012, an External Inspection Team (EIT) was established and responsible for monitoring prison conditions and its members were trained by the OHCHR.
In August 2013 the EIT carried out inspected all correctional centres in Port Vila.

These were the EIT’s first inspection activities.

The EIT is still finalizing its inspection report.

Initial Report due on the 22nd November 2010.

The initial Report was only completed in 2013.

Now awaiting COM endorsement.

Draft report completed in 2013.

Now awaiting COM endorsement.

27th Sep 2007 Initial Report Overdue since 2009.

Draft Completed in 2013.

Now awaiting COM endorsement.


17th May 2007 Initial report overdue since 2009.

Draft only Completed in 2013.

Now awaiting COM endorsement.
United Nations Convention on the Rights of the Child (UNCRC) United Nation Convention Against Torture (UNCAT) 7th 1993 Jul 12th 2011 Jul 23rd Nov 2008 17th May 2007 United Nation Convention on the Rights of People with Disabilities (UNCRPD) Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women (OP-CEDAW Optional Protocol on the Rights of the Child on the involvement of children in armed conflict (OP- CRC-AC) Optional Protocol on Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography Justice and Community Services Sector Strategy The Justice and Community Services Sector Strategy 2014 – 2017 was approved by COM in 2013.
The Strategy was built upon the Mele Summit Consultations and it represents a collective view of major challenges and opportunities facing the Justice and Community Services sector.

The strategy focuses on critical cross cutting issues that could not be resolved by one agency alone and therefore require effective collaboration.

Eight key cross cutting issues have been identified and developed with corresponding strategies and performance measures assigned to them.
These strategies are: Customary Disputes, Juvenile Justice, Victim Support, and Infrastructure Needs, Human Rights, Crime and Impacts of Crime, Delays in Progress of Cases, and Access to Justice across all provinces.

18 Ministry of Justice and Community Services Annual Report 2013 When the JCSSS was endorsed in 2013, the Head of Agency Group (HOAG) Task Force nominated individuals from across (and in some cases beyond) public sector to form Working Groups, one for each of the eight priorities.
It was intended that the Working Groups be the primary mechanism for detailed planning and implementation of key activities associated with each of the priorities.

The Working Groups are responsible for planning, engaging with stakeholders and coordinating action to implement the strategies and projects as required for the JCSSS.

The reporting, accountability and support relationships between HOAG, Task Force and Working Groups are essential for the success of the approach (refer Figure 2).
Our progress to date, have been on the following:  Working Group members have been nominated and engaged in initial planning and have participated in formal planning events: o 2-day planning conference in October2013 o 1-day evaluation workshop in November 2013 o Planning meetings and stakeholder meetings as managed by individual groups  To date the Working Groups have produced: o Working Group Terms of Reference o Draft Activity Action Plans for their strategy o Draft stakeholder analysis and engagement plans o Commenced the design of an evaluation approach for their strategy  Working Groups have varied in their ability to maintain momentum and conduct meetings through 2013.
Some are working well and meeting on a more regular basis than others.
Figure 2: Reporting and accountability arrangements between HOAG and Working Groups 19 Ministry of Justice and Community Services Annual Report 2013 Our Focus on the Year Ahead The focus of 2014 is to:  Provide more practical and logistic support to Working Groups through the Ministry of Justice and Community Services to help them to meet regularly  Offer formal workshop and training events to provide to meet the skills development needs of Working Group members including: project planning, project management, stakeholder engagement, monitoring and evaluation, budget setting and management  Offer workshops events to bring together all Working Groups to report on status of work, and to provide opportunity for co-learning  Engagement of specific Working Groups with development partners to establish funding streams for JCSSS implementation.
Government’s 100 Day Plan In April 2013, the Prime Minister, Hon.

Moana Carcasses released a “100 Days Policy Priority List”.

The list identifies measures to be achieved and completed within the first 100 days of his Government.

The matrix covered a range of policy priorities to be implemented.
On this list, the Ministry was required to support one priority: to “support the Ministry of Lands and Natural Resources to publish a policy paper and legislative priorities for land reform before 90 days.” The Ministry through participation of MNCC and CLTU was able to support the Ministry of Lands and Natural Resources to publish a policy paper and legislative priorities.

Additionally the Ministry was to implement the COM Decision 82/2011, outstanding from 2011.
The decision approved the “Setting up of a Government Committee to decide on the Compensation Claim of the Ambrym Community in Port Vila following the Ambrym - Tanna Conflict in 2007”.

The Ministry envisions implementing this decision in 2014.
Our Efforts towards Delivering Services Ministerial Portfolio Primarily any Government of the day is measured how he maintains a strong unity of MP together to form a Solid Government thus leading into a productive Government purposely to serve the people of this nation.

In 2013 the Ministry of Justice went through changes of three ministers.
Despite these changes, the three ministers have ensured to maintain the relationship among the Government of the day to be intact to ensure the following are carried out.

1.

20 Ministry of Justice and Community Services Annual Report 2013 Key Achievements  Participated effectively in the two Council of Ministers Meeting ( TORBA & SHEFA,EPI)  Played a significant role within the COM to ensure the current Government’s 100 day is undertaken.
o Two of which the Ministry achieved at that period of 2013 is the  Fishermen’s Commission of Enquiry  Sale of Passport Commission of Enquiry.

 Provided significant support to the sector within the Ministry and other Aid Agencies and NGOs with the same objectives outside the Ministr.

 Cooperated and ensured that all Political Parties within the ministry enjoyed the benefits of their commitment to the Government.
 Participated effectively with the Government Retreat and Ministerial Retreat which will assists to identify potential improvement among the Ministry and Departments under the Ministry of Justice and Community Services.

 Assisted with the appointment of a new Acting PP through the facilitation of a panel to scrutinize the applicants.

 Assist in the Facilitation of improving the PP Office with New Computers which the PP offices were without computers for the last 7 years.
 Assisted with the appointment of the Current Attorney General.

 Initiating a Cost cutting exercise within the MJCS on the usage of Assets within the Ministry o Vehicle Control within all Department under the MJCS o Internal Commission of enquiry to the Correctional Department of Inmates Complaints o Reorganizing the Vehicle Fleet through a tender process to purchase through trade in of Vehicles.

Key Challenges 1.
Key Challenges 1.

The regular shuffle of Ministers through the MJCS has had a negative impact on the whole Ministry.

2.

Budget constraints in the cabinet support area led to the Minister unable to conduct other provincial tours 3.

Budget constraints for Minister visiting Community to donate.

ie.

Churches etc.. 4.


Several areas within the Ministerial Portfolios under MJCS are not clearly define under the Ministry concerned such as the a. Vanuatu Christian Council is currently now under the PM’s Office b.

The New Land Management Act – Within the lands Ministry c. Hall Of Justice – process and Committee should be undertaken and lead by MJCS.
Corporate Services Unit The Corporate “hub” is responsible for supporting the sector agencies to implement parts of their business plans and implement the Ministry’s corporate plan.

The members of the ‘Hub’ 21 Ministry of Justice and Community Services Annual Report 2013 fully recognize the challenges the sector faces in producing equitable and reliable services that meets the demands of communities.

The hub has made a number of key achievements in 2013.
Additionally with the changes in the political environment, the hub has also had its fair share of challenges.

Key Achievements  The Ministry developed a new proposed corporate structure, including roles now known as the “Hub” to support the Ministry, and Departments and sector Agencies.

 In April 2013, the hub facilitated the endorsement of the Justice and Community Services Sector Strategy (JCSSS) by COM.

COM approval was secured in May 2013.


 Established the interim National Human Rights Committee that oversaw the development of the Universal Periodical Review (UPR) Report.

 Continued understanding with New Zealand Government provided reassurance to continued support to Corrections facilities.

 Assisted in the appointment of the new Ombudsman Mr. Kalkot Matas Kelekele after the passing of his predecessor Mr. Pasa Tosusu in 2012.
 Supported the establishment of the Second phase of the Public Solicitors Office Case Data Management system through the SRBJ Grant program.

 Vanuatu Law Commission has released two reports- 1.

Public Health Act.

2.

Dangerous Drugs Act.

 Ministry with the support of the SRBJ has helped the agencies to develop the 2013 budgets & business plan.
 Ministry working together with SRBJ has setup of the eight sector strategies working group and have met twice at Iririki to find ways forward/roadmap to assist the working groups.

Key Challenges  The transfer of the two Director Generals  Keeping the Task Force, Head of Agencies and the WG members working together focusing on the Sector Strategy identified and linking them to the Government goals through the Government PLAS and PAA.

 Political change has a huge impact on the future plans.
 Keep the Minister and the PA’s thoroughly informed on the Ministry’s strategies and policies is a big challenge.

 Maintaining the Trust between Agencies and Development partners in regard with procurement and acquittal processes is.
22 Ministry of Justice and Community Services Annual Report 2013 Our progress against Budget Description Qty Unit of Rating Comments 4 4 4 Measure Meetings Number of quarterly Reports Number of COM papers passed 12 Monthly reports produced 1 1 Consolidated Business & Corporate Plan Budget Plan Agency Heads of Meetings hosted Quarterly reports are developed for the Minister, Ministry and its institutions Preparation of papers and reports for Council of Ministers and Parliament.
All expenditure transactions are within budget All agencies have business and corporate plans Budget Planning and Processed in accordance with the requirements of the Public Finance and Economic Management Act During 2013 there were five HOAG meetings chaired by the MJCS with support SRBJ partnership.

No quarterly reports developed for the Ministry and its institutions in 2013 There were 8 COM papers developed and reported against in 2013.
Rate of implementation stands at 51% CSU expenditure is within budget, impacts on overspent on in the portfolio management meant that CSU was backing the operations of the portfolio management within a very constrained budget.

All agencies within the Sector have their individual Business Plans, the Corporate Plan of the Ministry is still in Draft form and should be reviewed in 2014.

Complied with.
Complied with.

Department of Correctional Services The Department of Correctional Services (DCS) was established in November 2006.

In 2013, the Detainee Census showed 256 detainees in custody, that is 36 more detainees than the previous year.

Currently 70% of detainees are being held in Port Vila, 18% are remand detainees.
The number of detainees in the Correctional Centres is steadily climbing, with high rates of imprisonment (more detainees coming into the centres) and longer-term imprisonments (detainees that have come in but take longer to leave) (See Figure 3).

An External Inspection Team carried out its inspection of the Centres in 2013.

They have yet to provide their report.

The DCS is currently supported by the New Zealand Government, and this support is expected to continue throughout 2014.
Figure 3: Number of detainees 2003-2012 93 115 138 146 134 152 140 187 210 191 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 The DCS 2013 report highlighted key achievements and challenges: 23 Ministry of Justice and Community Services Annual Report 2013 Key Achievements  Marked improvement in the Security of the Correctional Centres.

2012 and 2013 saw the longest periods without escapes in the history of the Department.
 Detainee rehabilitation and community work programs continue to expand and are now valued as part of “business as usual” for the Correctional Centres.
Both Communities and Government Offices have engaged the Centres, namely Port Vila Central School, Police College, Nurses Training College, the Luganville Municipality, the Bible School, Vila North School, Renovation of the Vanuatu Mobile Force Camp, Luganville Hospital and building oxygen plants for hospitals in Luganville and Port Vila and the Tafea Provincial Authority, the Disability Association.
 The Centres approved training for a number of their staff, including training on Emergency Management, Use of Force and Control and Restraint Training.

There are also three Probation Officers undertaking a Social Work Degree at the USP, one is graduating in 2014, two Officers in two years’ time while five Officers are undertaking a Diploma at Australia Pacific Technical College graduating in 2014.

 Establishment of a bakery in the Port Vila Centre to assist reduction on ration costs.
Solar lights have been installed in all units in the Port Vila Centres.

 E-Gov established in all Probation Offices in Tanna, Malekula and Ambae  Community Justice Supervisor Forums completed for Torba, Tafea and Malampa  Community Parole Board Conference/Training completed for 2013 in Santo  Hosted a positive “Kalabus Art Exhibition” at the Espace Cultural Francaise in Port Vila  Expansion of an addition to the “Seks mo Loa” awareness that includes materials on Pornography.
 Growth in the number of community based sentences is a positive factor in reducing cost of imprisonment.

(See Table 4) IKey Challenges  High number of contracted and daily rated worker recruitments that were not budgeted for have created a financial burden for the Department.

Staff turnover is high at the centres due to poor working conditions and decrease in morale of the staff.
 DCS’s inability to separate juvenile offenders from adult offenders is still a serious issue  The greatest challenge in DCS is deteriorating infrastructure and the lack of infrastructure to support the increasing number of detainees.

Our current facilities are unsecure and do not comply with minimum international standards.
Our Budget The Department’s total budget VT 182,906,929 Payroll VT 141,911,379 Operations VT 40,995,550 24 Ministry of Justice and Community Services Annual Report 2013 Additional to our budget, the New Zealand government has been providing the DCS with an additional VT 20,000,000 per year.

As of December 2013, total expenditure of this amount was at VT 16,570,318.
Our Performance Against 2013 Budget Narratives Budget Narrative measure Number of escapees per annum Percentage of community sentences (including Parole) meeting quality assurance measures Number of reports provided to the Courts and Community Parole Board Percentage of detainees undertaking a rehabilitation programme Number of complaints upheld by the Ombudsman Comments In 2013 there were 12 escapes.

10 from the Luganville Correctional Centre and 2 from the Port Vila Centres.
11 of the 12 escapees were returned to custody within 24hrs.

Particularly positive was that 2013 saw the longest period without an escape (213 days) in the history of the Department.

The 2013 escape numbers represented an improvement on the 2012 result and was consistent with a continuing improvement in the security situation.

By way of comparison, in the last year of Police control of the prisons in 2005 there were 30 escapes from the Port Vila prisons.
See Figure 4: Performance against Quality Assurance Standards (below).

There were 120 Reports provided to the Court and 72 Reports provided to the Community parole board.

The current measure of this area is via pre-release reports to the Parole Board.

These reports indicate that 100% of detainees had completed at least one rehabilitation activity with most completing 3-4 programmes.

No complaints were upheld by the Ombudsman in 2013.
One complaint was made by an expatriate detainee but the complaint was not upheld.

1 2 3 4 5 Staff There is a total of 127 staff in the DCS.

Of that, 98 are permanent staff, 26 contract staff and three Temporary staff.

Focus on the Year Ahead  Infrastructure Development  Building workforce capability and capacity via training  Offender Management  Contributing to the Justice and Community Sector Strategy.

Figure 4: DCS Performance against Quality Assurance Standards QAS ITEMS HOW OFTEN TOTAL No.
Pre-sentence Reports (PSR) Every Month-Senior Probation Officers undertake QAS results in the Monthly Reports to the Management 75 25 Ministry of Justice and Community Services Annual Report 2013 COMPLIANCE- VERY HIGH (80%-100%), HIGH (60%-80%), MEDIUM (40%-60%), LOW (20%-40%), VERY LOW (0%- 20%) VERY HIGH.

No major issues with the PSR’S.

Ensure that it meets the Quality Assurance System all the time.
Same Day Reports (SDR) Compensation Reports Pre-release Reports-Parole Parole Supervision Community Work Every Month by the Senior Probation Officer in the monthly reports to the Management.

Every Month by the Senior Probation Officer in the monthly reports to the Management Every Month by the Senior Probation Officer in the monthly reports to the Management.

Every Month QAS Check by the Senior Probation Officers especially Parole Files in the monthly reports to the Management.
Every Month QAS Check by the Senior Probation Officers especially Supervision Files in the monthly reports to the Management.

Every Month QAS Check by the Senior Probation Officers especially Community Work Files in the monthly reports to the Management.

Crime Prevention N/A HIGH.

No issues with this SDR-These are short reports for the Courts usually done in the Provinces-Court Tours.

VERY HIGH.

No issues with the report.

5 5 72 VERY HIGH.

No major issues with this report.


Grand Total:192 in 2013 VERY HIGH.

No issues with this.

165 Parole releases in 2013.

30 VERY HIGH.

No major issues with this.

121 HIGH Total CBS in 2013 : 316 VERY HIGH.

Crime Prevention Ongoing in 2014.

69 Awarenesses (29 South of Vanuatu, while 40 North of Vanuatu), using the Seks mo Loa/Pornography and Department Awareness Materials.
Department of Women’s Affairs The Department of Women’s Affairs (DWA) was established after Independence to enhance the status of ni-Vanuatu women.

In 2013, DWA undertook some strategic steps to lobby for the Government support to introduce a Temporary Special Measure (TSM) for elections at the Municipal Council level (See Box 1).

The DWA Annual Report 2013, highlighted important developments and challenges.
Key Achievements Box 1: Quota for Women’s Representation within Municipal Councils On 28th June, 2013, the Council of Ministers approved the amendment to the Vanuatu’s Municipality’s Act in providing a 30 percent quota for Women’s Representation within all Municipality Councils in Vanuatu and was unanimously passed in parliament on November, 2013 26 Ministry of Justice and Community Services Annual Report 2013  Through DWA’s development partner and stakeholder support the office was able to complete Vanuatu’s national reports to the different UN Human Rights Conventions housed under the Ministry of Justice and Community Services.
As a party to the United Nations Convention on the Elimination of all Forms of Discrimination Against Women the Office completed the 4th and 5th Draft National CEDAW Report.

 Awareness raising were undertaken in partnership with other stakeholder agencies in the following events: International Women’s Day, National Women’s Day, 16 Days of Activism and the White Ribbon Campaign were hosted and celebrated at various localities.
Volunteers conducted awareness and advocacy on Human Rights and Family Protection Act in eight communities around Port Vila with a total number of 852 primary beneficiaries and 211 secondary beneficiaries.

Human rights trainings conducted on the islands of Paama & Ambrym with 59 participants.
 In partnership with UNWOMEN, DWA undertook a Diagnostic Study on Women’s Political Representation and participation in Vanuatu (in the 2008 & 2012 elections) to ascertain the reason for the low representation of women in the highest decision making bodies such as the National Parliament.

 DWA assisted Showground Women’s Association in securing VT600,000 from the Direct Aid Program (DAP), Australian High Commission to construct a market house in Luganville, Santo.
The second phase of the project will be completed in 2014.

 In partnership with Malampa Provincial Government, constructed the Malekula Handicraft Centre in Lakatoro using VT1,200,000 secured from the Direct Aid Program (DAP), Australian High Commission.

The building is near completion and will be officially opened in 2014.

 DWA conducted provincial Consultations to inform the National Gender Policy and commissioned a mapping of gender work.
Key Challenges  Lack of Staff reporting on Program and acquittal of funds to development partners caused a short delay of funding approval for further funding applications.

 Slow implementation by DWA of relevant aspects of the Family Protection Act particularly the Authorized Persons and Registered Counselors.
Our Budget The Department’s total budget VT 37, 527,797 Payroll VT 22,212,187 Operations VT 15,315,610 The annual budget allocation does not cover the implementation of the different activities under the prioritized strategies and therefore there is heavy reliance on development partner funding for the implementation of activities by DWA.

Child Desk and Disability Desk are also covered under this fund.
It is important to note that operational funding covers only the operational management of the Department.

The different program activities are fully funded by external funding sources.

27 Ministry of Justice and Community Services Annual Report 2013 Our Staff There are 15 staff employed at post as of December 2013.

Nine of these 15 staff were permanently employed since 2009.

There are five vacant positions.


Our performance against the budget narratives Description Registration, appointment and training of Registered Counsellors and Appointed Persons as required under the FPA.
Provide the CRC and CEDAW report at the UN Convention Complete and submit the 2012 Departmental Annual Report to MJCS and PSC by March, 2013 Finalized the Provincial Women’s Development Plans ( 2013 – 2017 ) Children’s Day Funding resource distributed to four (4) DWA Provincial Desk Officers and reports in file.

Signed and placed in file Staff Development and Appraisal Plans Establishment of at least three Gender Focal points within three Government Ministries.
Report on the review of the implementation of the Vanuatu Family Protection Act.

Compiled record of Minutes of the National Women in Government Taskforce meetings.

At least one radio programs is aired monthly on any of the national critical areas of concern for women, children and persons with disability.. Training attendance Records are made.
CRC Work Shop Activities undertaken in 6 Communities by trained volunteers 3 1 1 2 4 3 1 1 3 1 Policy for Women, Children and Disability are drafted in 2013 3 Completed Office Policies and Procedures Manual Ong oing Qty 6 Unit of Measure Number of Workshops Reports completed and endorse by COM Reports completed and submitted Report completed Rating Comments No registration, appointments and training of Registered Counsellors & Appointed Persons(AP) was carried out as prior to this, there is a need to develop an operations manual- only Draft Manuals were developed for APs and RC’s in 2013.
UN CRC and CEDAW Reports Completed, awaiting COM endorsement Completed Draft Completed.

Projects Reports completed and filed.

BRIDG Workshops Number of gender focal points established Number of Review This performance measure is outdated.

This had already been completed in 2011.

There are a number of gender focal points: in Ministry of Education, Ministry of Lands and the Electoral Office.

No review on VFPA implementation hence no report completed.
100 Percentage The National Task Force still needs to be established.

Number of radio programs There are radio programs aired, except there is no consistency in production of radio programs.

Number of trainings Number of Workshops Policies Developed & endorsed by COM Number of Policies There are more than 3 trainings attended by staff in 2013.

A more detailed Report is provided in the DWA Report 2013.
Six CRC workshops undertaken in 6 communities by trained volunteers was done in 2012 with assistance from Regional Rights Resource Team.

No other workshops was undertaken in communities in 2013.

All Policies are under the umbrella of the National Gender Policy which is in draft form and is envisioned to be reviewed in 2014 Office policies and procedures were completed in 2013 but not implemented.
It is envisioned to be implemented in 2014 28 Ministry of Justice and Community Services Annual Report 2013 Develop at least two MOUs with Civil Society organizations, Commercial Banks and private sector for partnership on the implementation of at least two economic and social program activities with the women, children and disability organizations in each province At least 2 Women’s Resource Centre’s are established in each province Assist the national committee on activities on the 16 Days of Activism in Vanuatu Undertake restructuring of the Department with a view to developing a COM paper to lobby Gov to consider establishment of separate Units for Children and Disability Update data base report on the number of women.
Elected representatives within National and Provincial Decision-making Undertake at least four Gender, Elections and leadership awareness raising amongst key stakeholders ( women, community, leaders, political parties and chiefs ) Completed Human Resource Development Strategy for DWA Four newspaper articles are published monthly in the newspaper A National Registry on Women in Small Business Enterprise Development Mainstream Gender Implemented Revised and updated Corporate and Business Plan and copies sent to MJSC, DSPACC and PSC by May 2013.
Undertake at least three training for Judiciary, Police Officers, Health Offices and Private Practitioners of their legal obligations under the FPA.
Initiate at least two different development projects for women, Children and persons with disability in each province In partnership other stakeholders undertake at least on training on women in business in the Provinces Reports on the presentation of the National 4th and 5th CEDAW Periodical Report, Second and Third CRC Periodical Report 2 Number of MOUs Did MOU with Tafea Disability Promotion Advocacy Group and Drafted an MOU with TORBA Province for office space.
The Draft MOU for TORBA has yet to be signed.

2 2 1 1 4 1 2 1 3 Number of resource centres established Reports COM paper developed and approved Database updated report Number of 4 Gender elections HRD Strategy completed MOU National Registry developed Mainstream Gender within 3 prog.
areas 48 Articles 3 Number of trainings completed 2 Internships 1 4 Number of trainings completed Number of reports completed & presented No resource centres were established, due to a number of reasons including land disputes.

Financial Acquittal Report completed but activity report was not complete.

No COM paper developed to lobby Gov to establish separate units for Children and Disability in 2013.

However in 2013, Child Desk and Disability Desk were relocated to the Ministry CSU.
This move is part of the implementation of this restructuring.

Database is currently up to date.

There are no women elected as representatives to the National and provincial level decision making.

Not achieved Not achieved Not achieved Not achieved Implemented in: (a) Climate Change (b) Lands (c) Electoral Office.

Discussions are underway with Agriculture, Energy & Infrastructure.
Completed No trainings implemented with the specific target group Started two development projects, in Santo (Women’s Market Centre) and Malekula Handicraft Centre.

Envisioned to be completed in 2014.

Completed Drafts completed awaiting COM endorsement.

The Reports are envisioned to be endorsed by COM in 2014.

29 Ministry of Justice and Community Services Annual Report 2013 and First National CRPD Periodical Report presented to the UN Committees responsible for these conventions.
Reports on commemoration days are in file Development and launching of the National Gender and Women Empowerment Policy and Strategic activities ( 2013 – 2017 ) Secure funding for progress and achievements against the Strategic Plan A case study on women, youth and person with disability on Employment (Formal and non- formal sectors) Minutes of the meetings of the VFPA National Task Force is in file 2 Laun ched Policy Document NGWEPS developed & launched in 2014 Ong oing Completion of Strategic Plan Ong oing Finalized in 2014.
1 Number of meeting minutes Providing assistance in resourcing and strengthening the Provincial FPA Task Forces Minutes of Gender Focal Points meetings in file.

At least three (3) Information, Education and Communication materials (i.e.

posters, brochures etc…) are developed.
12 3 3 Radio Programmes Multi- resource centre Number of poste4rs developed in 2014 Establishment of the Provincial Task Forces for the provinces of Penama and Torba Provincial Governments Resource and support local initiatives around promoting the participation of women in Decision-making at all 2 Number of task forces 75 Percentage Number of recruited Part Time Manager 1 2 Recruitment of and reporting from Part-Time Events Manager for Port Vila National Children’s Day Updated 2013 Asset Registry report completed Provide assistance to VANWODS for the extension of its services to at least two provinces Update data base report on the number of women employed and elected within National Statutory bodies, Public Service and the Private Sector.
Reports of the National CEDAW, 3 2 1 30 Ministry of Justice and Community Services Annual Report 2013 Reports Completed The National Gender and Women’s Economic Empowerment Policy and Strategic activities draft was developed in 2013 but was never launched.

It is envisioned to be reviewed in 2014.

Completed No case study on women, youth and persons with disability on Employment in 2013.

No task force meeting in 2013 .


There was one stakeholder’s meeting in August 2013 with SPC/RRRT support to discuss FPA implementation plan Not achieved There are no Gender Focal Points meeting held in 2013.
More than 3 materials were developed in 2013: Gender Based Violence (Posters & Brochures, magnetic stickers); DWA (Brochures); Disability (Posters, Brochures, Shirts/survey on Disability Day; TV Advertisements (access to infrastructure, Disability Survey); Radio Spots (Disability Survey, Disability Day) Not achieved In 2013, advocated for reserved seats, women’s economic empowerment program secured 2 funding in 2013 for the building of two women centres, one market on Santo and a handicraft centre in Malekula.
This project is envisioned to be completed in 2014 National Children’s Day is coordinated by Child Desk Coordinator.

Reports Completed VANWODS extension to 2 province Database updated report TVET in support of DWA trained 60 women in horticulture on Malekula.

There is expected to be a follow up in 2014.

No database was developed.

Reports Reports have been finalised, now awaiting CRC and CRPD Committee Meetings in file.
One (1) CRC training for ZCA’s and CPWG held in Tafea province Focus on the Year Ahead approved COM approval 1 Number of trainings in TAFEA province Training was completed in 2012 already.

 Development of the National Gender and Women’s Empowerment Policy  Work towards Women’s Solidarity in the Country  Restructuring and regrading positions  Review of the Family Protection Act Child’s Desk Childs Desk is under the mandate of the MJCS but has been housed under the DWA.
It’s responsibility also covers strengthening national planning, integrating the international goals (United Nations Convention on the Rights of the Child), developing a system of protection of children and support community efforts to prevent child abuse.

In 2013, it finalized a number of its UN commitments and started implementing a Child Protection Pilot program on Tanna & Erromango.
Key Achievements  National Children’s Policy (NCP) Review Report finalized  CRC 2nd, 3rd, 4th Report (1988 – 2012) finalized in 2013.

 CRC – Optional Protocol on Armed 4 Year Report Conflict (2009 – 2012) Finalized in 2013.

 CRC – Optional Protocol on the Sale of Children and Child Prostitution (2009-2012) Finalized in 2013.
 Official Appointments of the National Child Protection Working Group by the DG’s Office  Preparations for the Child Protection Pilot on Loanapkamei, Tanna and Port Narvin, Erromango i.

Child Protection based Office on Lenakel, Tanna providing Child Protection information, advice, referral and basic counselling services to children & their families.
 National Children’s Day Activities held at Beverly Hills, Port Vila, Port Narvin - Erromango, Middle bush, Loanapkamei & Lenakel – Tanna, South Santo, Lakatoro, Malekula.
Key Challenges  Limited Government budget  No additional permanent or contract staff  Work load  Delay of activity implementation at CP Pilot Site as a result of funding delays 31 Ministry of Justice and Community Services Annual Report 2013  Office space for Lenakel Child Protection Program Our Budget The Desk’s annual budget is VT 2, 000, 000.

The fund is provided for Annual National Children’s Day Activities.
An additional VT 6, 334, 284 has been provided by UNICEF to support the Child Rights and Child Protection Program Activities from 2012 – 2014.

Since 2011, the Child Desk began breaking down the above budget to fund the Desk’s logistical expenses and volunteer assistance.

Our Staff There is one permanent National Child Desk Office and two Provincial Child Protection Program Officers at Tafea Pilot Sites (Port Narvin, Erromango & Loanapkamei/Lenakel, Tanna).
Focus on the Year Ahead  Secure additional funding support for the Child Protection Pilot Program  Relocating the Desk from DWA to the Ministry’s CSU Disability Desk Disability Desk is responsible for the implementation of disability related policies and United Nations Convention on the Rights of Persons with Disability and the coordination disability activities country wide.
Key Achievements  In partnership with the National Statistics Office, the Disability Desk developed a National Disability Survey questionnaire and pre-tested it in some selected communities on Efate.

As its first, the pre-testing of these questionnaires continues to 2014 in other locations in other provinces in preparation of the National disability Survey to be undertaken in 2015.
 As part of the International Disability Day celebrations in Vanuatu, celebrations and awareness rising on the rights of people with disability was celebrated through the provinces in Vanuatu with the highlights of events taking place on Lenakel, Tanna, Tafea Province.

 Draft Report on the UN Convention on the Rights of Persons with Disability  Draft Initial National Disability Report was completed in 2013.
Key Challenges  Lack of cooperation from disability NGOs on agreement made on the implementation of Disability Policy.

NGOs appear to have their own agenda and goals to achieve as NGOs so this affects the working relationship.
32 Ministry of Justice and Community Services Annual Report 2013  Lack of proper reporting from Disability NGOs on how Government Grants (400,000 VT) has been spent- 4 NGOs are allocated 400,000 VT each for the implementation of the disability policy through various activities but report is a challenge.

 Lack of proper coordination of disability issues at the provincial level as there are no disability officers at the provincial level.
 Human resource and funding are challenges to the progress of the Desk.

 Lack of Service delivery in terms of assistive device to persons with disability Our Budget The Annual Budget for Disability Desk is VT4, 000,000.

From this VT1, 600,000 was allocated to NGO’s, operations and activities.

An additional VT3, 336,575 (approx) was provided by SRBJ partnership to support the Disability Day celebrations, awareness and pilot disability survey.
Our Staff The Desk has only one permanent staff and a contract officer to assist the Desk and Vanuatu National Statistics Office on the pilot disability survey.

Focus on the Year Ahead  Compilation and publication of the disability survey  Securing of funds to support the renewal of the contract officer’s salary.

Public Prosecutor’s Office In the criminal justice process, the primary role of the Public Prosecutor is to prosecute alleged criminals in order to ensure the rule of law is applied.
The Office of the Public Prosecutor has an Office in Port Vila and another Office in Luganville.

There are additionally 11 Police Prosecutors who are seconded from the Vanuatu Police Force to prosecute cases at the Island Courts and Magistrates Court.

In 2013, the Office undertook a number of initiatives to reduce their backlog of cases.
Key Achievements  A prosecutor and police prosecutor with development partner assistance were able to attend a training covering Domestic Violence, Child Abuse and Offences against people with disabilities in Suva, Fiji.

Box 2 PPO Progress on the Backlog of Cases-2013    2000 case files were registered and transferred to the National Archives, allowing space for ‘closed files’ to be filed away.
Outstanding cases for vetting dating back to 1999 were cleared and vetted clearing backlog of Magistrate Court Pleas and cases for Preliminary Inquiry.

Hiring of an administrative clerk has allowed Notices and Minutes of the court to now be promptly collected from the Supreme Court Registry, properly registered and provided to Prosecutors in time.
33 Ministry of Justice and Community Services Annual Report 2013  Attachment of an Assistant Public Prosecutor to the Department of Customs and Inland Revenue resulted in the first ever cases of tax and corporate fraud successfully prosecuted in Court since independence resulting in the collection of government revenue in excess of VT10,000,000.

 The Office was granted funding of VT3,500,000 by SRBJ partnership for the long overdue renovation of the Office.
 The Office has been successful in implementing the Memorandum of Agreement, signed between agencies, facilitated by the Pacific Judicial Development Program (PJDP) on family violence and juvenile cases.

Once these files are received, they are identified, separated and listed for every 3rd Thursday of every month to ensure specialised attention.
Key Challenges  Failure of management to implement the provisions of the Office’s Staff Manual and Administration Guide and Finalize the Office’s proposed structure.

 Failure of Management to recruit a Corporate Manager.

 Lack of Office resources including filing cabinets, computers, stationaries.

 Lack of incentives to enhance staff morale, motivation and retention of staff.

 Salary not commensurate to the work, competence and skill-set of the officer.
 Considerable number of cases outstanding since 2012 and have been hitherto inactive.

 Lack of proper monitoring of budget and expenditure.

Our Budget The Public Prosecutor’s total budget VT 37, 451,532 Payroll VT 26,809,399 Operations VT 10,642,133 The operation expenses, also covers the operations of the State Prosecutions Department.

Our Staff There are a total of 16 staff in the Office.
In Port Vila, there is a Public Prosecutor and six assistant Public Prosecutors and seven administrative Officers.

In Santo there is one assistant Public Prosecutor and one administrative staff.

Focus on the Year Ahead  Renovation of the Office  Employment of a Corporate Manager and Senior Assistant Public Prosecutor(Port Vila)  Finalization of the amendments to the Office Staff Manual and Administration Guide  Finalize Code of Ethics for Prosecutors and submit to State Law Office for gazette.
34 Ministry of Justice and Community Services Annual Report 2013 Malvatumauri Council of Chiefs The council of chiefs was established under the Constitution (articles 29 and 30).

The purpose of the Malvatumauri Office establishment is to provide an administration to the Malvatumauri Council.

Key Achievements  The Malvatumauri Council met in May to elect a new council and chairman.

The former chairman- Jif Senimao Tarvakavat Tirsupe was re-elected for another term.
 Revenue made in 2013 is VT198, 040  Induction trainings provided to new Council Members to increase knowledge of relevant laws  Hired a consultant to review the National Council of Chiefs Act  Developed a Concept paper to support the following areas: a.

Review of the National Council of Chiefs Act b.

Link the Malvatumauri to existing government’s administrative structure.

c. Expand the administrative structure of the Malvatumauri to other islands.
d. Resource Malvatumauri administration to implement the Road Map.

Key Challenges  Sudden reduction in scope and funding of the Mama Graon- Vanuatu Land Program (MG-VLP) left a lot of promises and expectations unfulfilled.

The program’s withdrawal saw a halt in the Office’s finances and revisits to particular areas to support island council of chiefs was not implemented  Ongoing lack of support and resources to enable custom chiefs to be able to implement annual plans.
 Implementation of work plans at island council levels are not reported on and funds provided through grants are not acquitted Our Budget The Malvatumauri’s total budget VT 42,485,289 Payroll VT 22,451,666 Operations VT 20,033,623 External funding provided through the MG-VLP amounts to approximately VT5,241,578 to support trainings and workshops of the Malvatumauri.

35 Ministry of Justice and Community Services Annual Report 2013 Our Staff There are seven Officers in the Malvatumauri.
From there are three permanent staff, one temporary staff (CEO, appointed by the PM for a one year period), two contract staff and a constitutional appointment.

(President, appointed for a period of five years) Focus in the Year Ahead  Upgrade of the Office premises, renovation of Office spaces, kava bar, fencing, Chiefs Nakamal and Flag Compound.
 Relocation of the CLTU Office Customary Lands Tribunal Unit CLTU is a relatively small institution housed within the Malvatumauri National Council of Chiefs administration.

The CLTU was established following the development of the Customary Lands Tribunal (CLT) Act 7 of 2001.

In December 2013, Parliament made several legislative changes that will impact on the operations of the CLTU.
This included constitutional amendments and the introduction of a new land law called the Customary Land Management Act No.

33 of 2013 which will repeal and replace the CLT Act No.7 of 2001.

Key Achievements  By submitting an appropriate budget presentation to the Ministerial Budget Committee (MBC), the CLTU’s budget increased slightly.

The CLTU have also secured additional operations budget via the Mama Graon- Vanuatu Land Program.
(MG-VLP) The CLTU reviewed it’s organizational structure with the aim of getting PSC to approve the reviewed structure.

The structure is now pending endorsement of the MJCS then PSC approval.

 Staff were supported to attended a total of two training last year: a Provincial CLO Forum and CLT & Malvatumauri induction.
 Provided customary land tribunal advice to adjudicators on the NE Efate & Efate CLT regarding the Takara Land Case, CLT in SSE Area on Santo and Fanafo Canal Land, and the Joint CLT on Longana area in Ease Ambae regarding the Longana Airport Land  Conducted seven education and awareness on Radio and on TV in 2012-2013 on the following areas: Role of CLTU, MNCC Road Map, importance of mapping out true chiefs, negotiator certificate, establishment of CLO’s in Provinces.
 In collaboration with the MG-VLP, the Officers developed six series of Briefing Pamphlets on the roles and responsibilities of the CLT and the Malvatumauri in Bislama to use in awareness programs.

 Six CLO’s were recruited and posted to their provinces in January 2013 and early February 2013.

 A CLO training package was developed and distributed to all CLOs in the provinces to train the chiefs in their respective localities.

CLO offices were also set up in the provinces.


Three vehicles were purchased through the MG-VLP program to support 36 Ministry of Justice and Community Services Annual Report 2013 the Tanna, Malekula and Santo CLO’s.

Over 500 chiefs, elders and women have benefited from the training.

Key Challenges  Inadequate financial resources  Absence of a long term strategic plan and no defined directions for the growth and development and review of the CLTU.
 While there are a number of CLT cases being heard in various islands, CLT recorded a total of only 15 cases new cases (beside the 17+ existing pending cases), Out of the 15 cases, 9 are pending or have been appealed in a higher land tribunal, few have been appealed for judicial review.

Only two cases have been completed.

Our Budget The CLTU’s total budget is VT 7,606,759 Payroll VT 4,350,876 Operations VT 3,255,883 Our Staff There are a total of 16 staff; 12 permanent staff and four contract staff.
Ten of these are Customary Land Officers.

All CLO’s salaries are currently being funded by the Mama Graon- Vanuatu Land Program.

The MoJCS would need to facilitate the process of including the six CLO’s into its recurrent budget.
Our performance against the budget narratives Description Training of Customary Chiefs on how to conduct court proceedings Qty 6 Training of court clerks Reduction in cost to the government in litigation costs 6 1 Unit of Measure Number of chiefs trained in the Provinces Number of Clerks trained in the provinces Assessment report Comments A total of over 500 chiefs and tribunal secretaries were trained in 2013 No assessment report done but with the new Customary Land Management Act no 33, there will be an increase in cost of litigation because the changes allowed for cases closed to be opened for a 12 month period.
Focus in the Year Ahead  Raise awareness on the importance of land and land tribunals  Equip responsible agencies Management Act and Land Reform Act to effectively implement the Customary Land State Prosecutions Department The SPD operates four officers in Vanuatu, they are located in Luganville - Santo, Saratamata - Ambae, Lakatoro - Malekula and Port Vila - Efate.
37 Ministry of Justice and Community Services Annual Report 2013 Key Achievements  Implemented 100% the Memorandum of Agreement, signed between agencies, facilitated by the Pacific Judicial Development Program (PJDP) on family violence and juvenile cases.

The process is to identify family violence and juvenile cases filed within SPD.

The cases are then stamped accordingly and filed separately from other criminal matters.

 Juvenile court plea day is now held every 3rd Thursday of the Month.
Key challenges  The SPD has never had its own budget.

This makes it difficult also for the Public Prosecutor’s Office (PPO) to operate and as a result there are Magistrates’ Court circuits being cancelled, warrants not being executed and summons not being served.

There are fewer cases being listed in court and the PPO execute its entire budget before the end of every year.

 Office had an electrical power cut due to lack of bill payment by VPF.
The power cut was for three months resulting in closure of the office.

As a result of office closure, there had been an increase in delay of registration of cases and drafting of charges; outstanding warrants not being executed; fewer defendants brought to court; increase in number of cases being dismissed; increase in number of cases being withdrawn; increase in number of court circuits being cancelled due to no prosecutors being provided through SPD.
Our Budget SPD itself depends on the Public Prosecution budget in order to achieve its key outputs and on the VPF for payroll, rent and utilities.

It does not have a budget of its own.

Our Staff There are a total of eleven Police prosecutors in Vanuatu.

There are three Prosecutors in Sanma who also look after Torba.

Penama has one prosecutor who is based in Saratamata.
Malampa has one Prosecutor based on Lakatoro and Port Vila has six prosecutors who are responsible for the case in Port Vila, Shefa and Tafea.

Focus in the Year Ahead  Strategize and collaborate with the Police on improving the progression of cases from police through SPD to the courts.

Vanuatu Law Commission The Vanuatu Law Commission (VLC) began 2013 with 12 outstanding legislative reviews.

It reviewed three laws in 2013.

The VLC was support in 2013, largely by the SRBJ program.
Key achievements The VLC undertook three reviews which are currently with SLO for drafting: - Dangerous drugs report - Water Supply & Resource management report 38 Ministry of Justice and Community Services Annual Report 2013 - Penal Code Key Challenges - Lack of capacity to fully function and action the VLC Act - Lack of financial and human resources - Need for a financial officer.

Our Staff There are eight staff, six of whom are permanent, one resigned leaving a vacant post.
Two legal researchers were financed by the SRBJ partnership.

Our Budget The Vanuatu Law Commission’s total budget VT 11,349,840 Payroll VT 6,897,677 Operations VT 4,452,163 Additional support is provided through SRBJ partnership by way of financing two legal researchers and consultations for the reviews of the acts.
Our Performance against Budget Description Qty 1 1 3 2 Number of technical staff recruited Number of support staff recruited Number of staff trained Developing relationships with Government agencies and donors so that awareness and profile of the Commission is enhanced throughout Vanuatu To start carrying out legislative reviews and with that have to conduct at least three consultations.
Number of consultations conducted on legislative review Number of Reviews completed All members are compliance with the Law Commission Act to attend meetings and approve or not approve references.

Issues Paper and consultation process introduced and implemented Unit of Measure Number of staff recruited Number of staff of recruited Number Report on meetings Rating Comment A senior researcher was recruited financed by the SRBJ partnership No finance support staff was recruited.
Currently utilizing the secretary to prepare financial reports with assistance from CSU.

A total of five staff were trained on how to develop legislative reports, and how to implement UN Conventions into domestic laws through recommendations.

Have been participating in the HoAG meetings and have a good relationship with our donor partner, through SRBJ.
Carried out three reviews: (a) Penal Code, (b) Dangerous Drugs (c)Water Supply and Water Management 3 Number 5 6 6 Number Annual Completed four reviews Completed Number Completed 39 Ministry of Justice and Community Services Annual Report 2013 Comments on bills to be of high quality to go before the Council of Ministers for endorsement Number community awareness conducted Number of Bills submitted to parliament Make recommendations to reforms for legislations that the Law Commission has reviewed and have it submitted in Parliament for its consideration Business Plan completed Our Finances 2 4 4 2 Number of bills Number Number Annual A total of five bills were commented on prior to submission to COM for endorsement.
There are more than four community awareness conducted.

Awareness was also conducted during consultations in all six provinces of Vanuatu No bills were submitted to parliament Not applicable it was removed from Act Compl eted BP completed Completed The following analysis shows the information based on the Statement of Appropriations (Appendix 2) as provided under the Finance Management System.
The Ministry’s finances is divided into the Cabinet Support and Corporate support (which also provides support to the Office of the Director Genera)l. Corporate Support includes the Department of Women’s Affairs, the Department of Correctional Services, the Lands Tribunal and Law Reform Commission5 The Corporate Services Unit has the key cross-cutting corporate functions which provide the support to assist the Ministry deliver its objectives.
The corporate function provides guidance on policy formulation across the sector.

Financial information covered here only covers the aforementioned agencies, and it must be noted that in future, the budget narratives would cater for the complexity of the sector.
Cabinet Support The cabinet’s total budget VT 42,394,224 Payroll VT 33,805,257 Operations VT 8,588,967 In 2013 there were five changes in Ministers, and hence the above budget was also used to cover gratuity payments at a total cost of VT 5, 581,675 (See Figure 5).

Figure 5: 2013- Outgoing Minister’s Gratuity Payments Minister Term Hon.

Thomas Laken 19/11/12- 19/03/13 Hon.

Maki Simelum 25/03/13-10/05/13 Hon Silas Yatan 13/05/13-05/07/13 No.
of Staff 19 Gratuity Payment 1,486,345 19 18 622,072 661,088 5 Note that “Land Tribunal and Law Reform Commission” names in future must change to reflect the current situation.

40 Ministry of Justice and Community Services Annual Report 2013 Hon.

Toara Daniel 05/07/13-05/08/13 Hon.


Jonas James 05/08/13-31/12/13 19 20 465,642 2,346,528 Total 5,581,675 With the shift in political priorities, there has been a high unforeseen expenditure within the Cabinet Support which resulted in an overspent of VT 2,764,736 (primarily in payroll expenses).

The overspent prompted financial support from the Corporate Support.
In 2013, the Ministry applied for a number of virements totalling up to VT 4,606,942 to supplement the continuous overspent of the Cabinet Support payroll budget and gratuity payments.

Below (Table 5) is the Cabinet Support expenses summary 2013.
Table 4: Cabinet Support Expenses Summary 2013 Account Description Actual Total Budget Under/(Over) 8AAF 8AAG 8AAH 8AAO 8AAP 8AAS 8ASP 8AWC 8AWL 8AWO 8AWP PAYR 8CAB 8CBL 8CET 8CFV Personnel Expenses Family Allowance Gratuity Allowances Housing Allowances Other Allowances Home Island Allowances Special Allowances Provident Fund Contract Wages Leave expense Overtime Wages Permanent Wages Payroll expenses Personnel Expenses Operating Expenses Passage 578,495 578,495 673,500 95,005 3,952,021 3,952,021 3,503,641 (448,380) 8,176,290 8,176,290 7,835,752 (340,538) 10,000 10,000 23,385 23,385 - - (10,000) (23,385) 381,837 381,837 49,395 (332,442) 857,788 857,788 1,215,535 357,747 1,189,034 1,189,034 1,287,901 1,287,901 269,500 269,500 - - - (1,189,034) (1,287,901) (269,500) 34,056,898 34,056,898 26,071,516 (7,985,382) - 5,075,155 50,783,1496 50,783,149 44,424,494 - 5,075,155 (6,358,655) Subsistence Allowances 180,000 180,000 944,614 764,614 Local Accommodation Other Fees Vehicles Fuel 121,778 121,778 199,600 199,600 - - (121,778) (199,600) 370,654 370,654 800,000 429,346 8CGO Other Charges - Freight - - 5,000 5,000 8CHL 8CIF 8CJO 8CKD Local Medical Treatment 252,468 252,468 - (252,468) Facilities Hire Office Cleaning - - 29,253 29,253 Advertising - Communications - - 30,000 30,000 50,000 30,000 747 50,000 6 Note that Corporate Payroll is included with the Cabinet Payroll 41 Ministry of Justice and Community Services Annual Report 2013 8CKP 8CKR 8CKS 8CKT 8CMG 8CMO 8CNO 8CNT 8COI 8COP 8CRB 8CRE 8CRM 8CRV 8CSO 8CTI 8CTL Postage - Communications Printing - Communications Stationery - Communications Telephone / Communications Fax - General - Materials Office - Materials Office Rental Other Rental Incidentals Official Entertainment Buildings Maintenance Equipment Maintenance Repairs Repairs & & 6,000 10,500 73,305 6,000 10,500 73,305 20,000 80,000 14,000 69,500 300,000 226,695 149,412 149,412 - - 19,111 19,111 37,500 50,000 20,000 (111,912) 50,000 889 533,334 533,334 2,400,000 1,866,666 151,111 151,111 60,000 50,000 50,000 500,000 180,773 180,773 100,000 (91,111) 450,000 (80,773) 15,263 15,263 20,000 4,737 186,181 186,181 100,000 Maintenance Contract - - 125,000 Vehicles Repairs & Maintenance 489,990 489,990 300,000 (189,990) Other Suppliers International Travel Local Travel 8CUE Electricity Utilities 8CUW Water Utilities - - - - 40,000 700,000 546,084 546,084 500,000 - - - - 800,000 40,000 8CZV 8EEA 8EEC 8EEP 8EFO OVER Value Added Tax 405,153 405,153 1,031,467 Equipment - Additional General 113,778 113,778 50,000 Equipment - Computer 187,458 187,458 200,000 Equipment - Photocopiers Furniture - Office Furniture Overhead expenses Operating Expenses Total Expenditure - - - - 100,000 100,000 - - (4,595,155) 4,938,426 55,054,355 55,054,355 52,956,839 4,271,206 4,271,206 (86,181) 125,000 40,000 700,000 (46,084) 800,000 40,000 626,314 (63,778) 12,542 100,000 100,000 (4,595,155) 667,220 (2,097,516) Corporate Support The Corporate’s total budget VT 29,720,487 Payroll VT 10,619,237 Operations VT 19,101,250 In 2013, a total of VT 3,900,000 of the operations fund was utilised to support the two commissions of inquiry – Sale of Passports and Fishermen’s Claim.
The Corporate fund was also used to trade in three Ministry vehicles and purchase three brand new vehicles.

A variance of VT 7, 100, 000 is currently being paid by instalment payments.

The instalments are envisioned to be completed in May 2014.
Table 5: Corporate Support Expenses Summary 2013 Account Description Actual Total Budget Under/(Over) Operating Expenses 42 Ministry of Justice and Community Services Annual Report 2013 8CAB 8CAS 8CBI 8CBL 8CEC 8CET 8CFV 8CGR 8CIE 8CIF 8CIV 8CJO 8CKD 8CKP 8CKR 8CKS 8CKT 8CMG 8CMO 8CNO 8CNT 8COI 8COP 8COR 8CRB 8CRE 8CRM 8CRV 8CSF 8CSO 8CSR 8CTI 8CTL 8CUE 8CUL 8CUW 8CWL 8CZV 8EBR 8EEA 8EEC 8EES 8EFO Subsistence Allowances 2,220,000 2,220,000 536,622 (1,683,378) Sitting Allowances 2,425,000 2,425,000 - (2,425,000) International Accommodation - - 400,000 Local Accommodation 223,999 223,999 400,000 400,000 176,001 Consultants Fees Other Fees Vehicles Fuel Transport - Freight Equipment Hire Facilities Hire Vehicles Hire Office Cleaning Advertising - Communications Postage - Communications 375,000 375,000 1,150,747 1,150,747 - - (375,000) (1,150,747) 1,322,664 1,322,664 800,000 (522,664) 30,000 20,000 1,110 30,000 20,000 1,110 - (30,000) 40,000 20,000 20,000 18,890 292,955 292,955 100,000 (192,955) 69,334 32,267 142 69,334 120,000 32,267 150,000 142 50,000 50,666 117,733 49,858 64,740 Printing - Communications 135,260 135,260 200,000 Stationery - Communications / Telephone Communications Fax - General - Materials Office - Materials Office Rental Other Rental Incidentals Official Entertainment Recruitment Costs Buildings Repairs & Maintenance Equipment & Maintenance Repairs 447,599 447,599 400,000 (47,599) 501,610 501,610 394,463 394,463 - - 75,000 15,000 30,000 1,549,334 1,549,334 2,400,000 (426,610) (379,463) 30,000 850,666 1,170,665 1,170,665 250,000 (920,665) 238,696 238,696 3,550,000 3,311,304 1,847,422 1,847,422 400,000 (1,447,422) - - 100,000 215,795 215,795 160,000 100,000 (55,795) 379,039 379,039 250,000 (129,039) Maintenance Contrac - - 125,000 125,000 Vehicles Repairs & Maintenance 625,629 625,629 400,000 (225,629) Food - Suppliers Other Suppliers Rations Suppliers International Travel Local Travel Electricity Utilities Lighting Utilities Water Utilities Local Workshops Value Added Tax - - - - 100,000 130,000 6,898 6,898 100,000 100,000 130,000 93,102 613,867 613,867 400,000 (213,867) 2,294,774 2,294,774 300,000 (1,994,774) 783,638 783,638 600,000 (183,638) 47,855 5,593 20,000 47,855 - (47,855) 5,593 30,000 24,407 20,000 4,350,000 4,330,000 1,791,822 1,791,822 2,186,250 394,428 Buildings - Renovation - - Equipment - Aditional General (15,378) (15,378) 20,000 50,000 20,000 65,378 Equipment - Computer Equipment - Specialised 496,817 496,817 350,000 (146,817) 88,889 88,889 - (88,889) Furniture - Office Furniture 271,006 271,006 50,000 (221,006) 43 Ministry of Justice and Community Services Annual Report 2013 8EVR OVER Vehicle - Replacement 1,688,889 1,688,889 - (1,688,889) Overhead expenses Operating Expenses Total Expenditure - - 4,126,942 4,126,942 23,763,400 23,763,400 23,764,814 23,763,400 23,763,400 23,764,814 1,414 1,414 Our Focus in the Year Ahead In 2014 the Ministry will continue to push forward with its work plans to strengthen the Ministry’s hub and continue to support the agencies through the Political, capacity and administration issues.
Below are some of the important tasks for the Ministry to pursue in 2014 and beyond:.

 Continue to maintain constructive relationships with the, sector agencies, development partners; implementing partners and stakeholders.

 Work with Public Service Commission to approve the new corporate structure.
 Conduct an evidence-based review the remuneration of legally qualified staff across the sector from new graduates to judicial appointments and constitutional positions to ensure career progression and seniority is harmonised across agencies and at an appropriate level given the context of Vanuatu.

 Continue to support the progress of the eight sector strategies with the support of the SRBJ partnership to strengthen the service delivery of the sector.
 Continue to negotiate with the New Zealand Government to progress the new Correctional project.

 Work closely with the office of the Prime Minister to secure funding for the New Hall of Justice building.

 Consult on whether it is appropriate to establish a new structure to provide joint administrative office for Malvatumauri and CLMO to derive some finance and resource efficiencies.
 The Ministry will work together with the Ministry of Land and World Bank to establish the Fair Land dealing office with funding support from World Bank.
44 Ministry of Justice and Community Services Annual Report 2013 Appendices Appendix 1: Corporate Structure and Staff Our structure Director General 10001 Policy Advisor 10002 Finance Officer 10004 Executive Advisor 10003 Human Resource Officer 10006 Secretary/Filing Clerk 10007 See details of staff within the Corporate Services Unit of the Ministry of Justice in the table below; 45 Ministry of Justice and Community Services Annual Report 2013 Our Staff Post No.
Title Occupant Gender Language Island Status 10001 Director General Joe Ligo Male Anglophone Pentecost Contract 10002 10003 Policy Advisor Executive Officer Vacant Pacco Siri Male Anglophone 10004 Finance Officer Tracy Kalpat Female Anglophone Santo/ Tongoa Efate Permanent Permanent 10006 Human Resource Officer Hosea Tally Male Anglophone Maewo Permanent 10007 Secretary/Filing Clerk Vacant Support Officer Admin Support Officer Finance Angela David Morris Kerry Male Female Anglophone Tongoa Contract Anglophone Malekula Contract 46 Ministry of Justice and Community Services Annual Report 2013 Appendix 2: Statement of Appropriation Statement of Appropriations For transactions between 1 January 2013 and 31 December 2013 Filters Applied to this Report M15-Ministry of Justice and Community Service Ministry Government of Vanuatu Extracted on 24/04/14 16:56 Code Description Appropriation Virements Budget Expenditure Expenditure Original Final Actual Total Under/ (Over) Cabinet Support Cabinet Operations Portfolio Management Office of the Director General Ministry of Justice & Community Services MJA 07AA MJAA 07AB 30AA MJAB MJA 42,394,224 42,394,224 (723,251) (723,251) 41,670,973 41,670,973 42,830,060 42,830,060 42,830,060 42,830,060 (1,159,087) (1,159,087) 10,082,615 1,203,251 11,285,866 12,224,295 12,224,295 (938,429) 19,637,872 4,126,942 23,764,814 23,763,400 23,763,400 Corporate Services 29,720,487 5,330,193 35,050,680 35,987,695 35,987,695 Cabinet Support 72,114,711 4,606,942 76,721,653 78,817,755 78,817,755 1,414 (937,015) (2,096,102) MJB Womens Affairs 08AA MJBA MJB Policy Section Women’s Affairs Womens Affairs 37,527,797 (4,881,764) 32,646,033 31,287,717 31,287,717 37,527,797 (4,881,764) 32,646,033 31,287,717 31,287,717 37,527,797 (4,881,764) 32,646,033 31,287,717 31,287,717 1,358,316 1,358,316 1,358,316 47 Ministry of Justice and Community Services Annual Report 2013 Correctional Services Cabinet Operations Office of the Director Correctional Centre (North) - - - - - 20,121,999 (2,725,907) 17,396,092 16,866,482 16,866,482 44,340,589 (4,070,446) 40,270,143 39,511,883 39,511,883 Probation (North) 13,022,023 (1,170,000) 11,852,023 11,598,053 11,598,053 Parole Correctonal Centre (South) Probation (South) Correctional Services 1,177,250 - 1,177,250 1,140,108 1,140,108 85,618,157 12,211,175 97,829,332 98,066,260 98,066,260 18,626,911 (3,650,000) 14,792,724 594,822 183,501,751 181,975,510 181,975,510 14,792,724 14,976,911 182,906,929 Correctional Services 182,906,929 594,822 183,501,751 181,975,510 181,975,510 - 529,610 758,260 253,970 37,142 (236,928) 184,187 1,526,241 1,526,241 - 7,606,759 7,606,759 7,606,759 - - - - - - - - 7,606,759 8,675,660 8,675,660 7,606,759 8,675,660 8,675,660 7,606,759 8,675,660 8,675,660 (1,068,901) (1,068,901) (1,068,901) MJC 07AA 2501 2502 2503 2504 2505 2506 MJCA MJC MJD 08AA 84AA MJDA MJD MJE 85AA MJEA MJE M15 Lands Tribunal Policy Section Lands Tribunal Office Lands Tribunal Office Lands Tribunal Law Reform Commission Office of the Law Reform Commission Office of the Law Reform Commission Law Reform Commission Ministry of Justice and Community Service 11,349,840 - 11,349,840 11,051,310 11,051,310 11,349,840 - 11,349,840 11,051,310 11,051,310 11,349,840 - 11,349,840 11,051,310 11,051,310 311,506,036 320,000 311,826,036 311,807,952 311,807,952 298,530 298,530 298,530 18,084 18,084 Grand Total 311,506,036 320,000 311,826,036 311,807,952 311,807,952 48 Ministry of Justice and Community Services Annual Report 2013 49 Ministry of Justice and Community Services Annual Report 2013