**VANUATU**

Vanuatu is a multiparty parliamentary democracy with a population of
approximately 218,000. The constitution provides for parliamentary
elections based on universal suffrage every four years. Parliament
elects the prime minister as the head of government. An electoral
college comprising the members of Parliament (MPs) and the chairmen of
the country\'s six provincial government councils elects the president,
whose powers are largely ceremonial, as the head of state for a
five-year term. The most recent elections, held in July 2004, were
considered generally free and fair. Prime Minister Han Lini\'s
government, a seven-party coalition, enjoyed relative political
stability, surviving a vote of no confidence in June. The civilian
authorities generally maintained effective control of the security
forces; however, police officials on occasion have acted peremptorily or
at the direction of senior politicians.

The government generally respected the human rights of its citizens, but
there were problems in some areas. These included poor prison
conditions, arrests without warrants, an extremely slow judicial
process, government corruption, and violence and discrimination against
women.

## RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom
From:

a\. Arbitrary or Unlawful Deprivation of Life

There were no reports that the government or its agents committed
arbitrary or unlawful killings.

On March 3, three persons were killed and 20 injured after violence
erupted in the Blacksands and Anabrou squatter settlements in Port Vila
between rival groups from Tanna and Ambrym islands. The violence broke
out when Tanna Islanders armed with clubs and machetes attacked a group
of Ambrym Islanders; the Tannese suspected members of the Ambrym group
of causing the death of a Tannese woman through use of black magic.
Police arrested 144 persons in connection with the violence. Of those
arrested, 88 were released due to lack of evidence; 56 were charged in
the incident and at year\'s end were released on bail awaiting a
scheduled February 2008 court hearing. The same day the government
declared a state of emergency in Port Vila, which remained in effect
until March 18.

b\. Disappearance

There were no reports of politically motivated disappearances.

> c\. Torture and Other Cruel, Inhuman, or Degrading Treatment or
> Punishment

The constitution prohibits such practices, and there were no reports
that government officials employed torture; however, there were some
reports of police abuse of criminal suspects.

Prison and Detention Center Conditions

Conditions at the three prisons in Port Vila improved slightly during
the year with foreign donor funding but remained below international
standards. Security at all facilities was poor, and there were frequent
prisoner escapes. Male inmates were incarcerated in overcrowded
facilities. Pretrial detainees usually were held in the police jail
rather than the prisons. In March police approved the use of the police
paramilitary gymnasium as a short-term detention center to relieve
overcrowding in the jail. Local and international human rights groups
were allowed to visit the center. Persons deemed mentally unfit to stand
trial were held with the general prison population. Juveniles were held
together with adults.

The government permitted prison visits by independent human rights
observers, although there were no requests for visits during the year.

d\. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, and the
government generally observed these prohibitions.

Role of the Police and Security Apparatus

The commissioner of police heads the police force of approximately 500
officers, including a police maritime wing and the paramilitary Vanuatu
Mobile Force. Police effectiveness was hampered by a lack of resources
and by internal rivalries. During the year foreign assistance was
provided through the Police Force Capacity Building Project to address
some of the problems confronting the force. Actions taken under the
project included recruitment of new officers, establishment of
additional police posts on outer islands and in rural areas, and police
building repairs and maintenance. Corruption and impunity were not major
problems; however, there were some instances of corruption, and there
have been some instances in which police have acted without proper
authorization at the behest of politicians. During the year four police
officers implicated in a fraud case involving high-level government
employees and Indo-Fijians were suspended, and the case remained under
investigation at year\'s end.

Arrest and Detention

A warrant issued by a court is required for an arrest; however, police
made a small number of arrests without warrants during the year. The
constitutional provision that suspects must be informed of the charges
against them generally was observed in practice.

A system of bail operated effectively; however, some persons not granted
bail spent lengthy periods in pretrial detention due to judicial
inefficiency. The ratio of pretrial detainees to the total prison
population was relatively high. Judges, prosecutors, and police
complained about large case backlogs due to a lack of resources and
limited numbers of qualified judges and prosecutors. Years could pass
before a case is brought to trial. Detainees were allowed prompt access
to counsel and family members. A public defender\'s office provides
counsel to indigent defendants.

e\. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the
government generally respected judicial independence in practice.

Magistrates\' courts deal with most routine legal matters. Island courts
are present at the local level, with limited jurisdiction in civil and
criminal matters. The Supreme Court, an intermediate-level court, has
unlimited jurisdiction over criminal and civil matters and considers
appeals from the magistrates\' courts. The Appeals Court is the highest
appellate court. Judges cannot be removed without cause.

> Trial Procedures

The constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right. However, the
judiciary was relatively weak and inefficient, and some defendants spent
extended periods in pretrial detention as a result. The judicial system
is derived from British common law. Judges conduct trials and render
verdicts; there are no juries. The courts uphold constitutional
provisions for a fair public trial, a presumption of innocence until
guilt is proven, a prohibition against double jeopardy, a right to
counsel, a right to judicial determination of the validity of arrest or
detention, a right to question witnesses and access government-held
evidence, and a right of appeal. The public defender\'s office provides
free legal counsel to indigent defendants.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary for civil matters;
however, police were reluctant to enforce domestic court orders.

f\. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and the government generally
respected these prohibitions in practice.

Section 2 Respect for Civil Liberties, Including:

a\. Freedom of Speech and Press

The constitution provides for freedom of speech and of the press, and
the government generally respected these rights in practice.

During the year most international correspondents, government-owned
media, and the independent press reported criticisms of political
leaders freely and apparently without hindrance. However, at times some
individual politicians and their supporters have attempted to intimidate
the media, although with no apparent effect.

Internet Freedom

There were no government restrictions on access to the Internet or
reports that the government monitored e-mail or Internet chat rooms.
Individuals and groups could engage in the peaceful expression of views
via the Internet, including by e-mail; however, cost and lack of
infrastructure limited public access to the Internet.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural
events.

b\. Freedom of Peaceful Assembly and Association

The constitution provides for freedom of assembly and association, and
the government generally respected these rights in practice.

During a two-week state of emergency declared March 3 after violence
broke out between groups of rival islanders in Port Vila, public
meetings of three or more persons were prohibited.

c\. Freedom of Religion

The constitution provides for freedom of religion, and the government
generally respected this right in practice. The government provided some
financial assistance for the construction of churches affiliated with
member denominations of the Vanuatu Christian Council, provided grants
to church‑operated schools, and paid teachers\' salaries at
church‑operated schools in existence since the country\'s independence.
These benefits were not available to non‑Christian religious
organizations. Government schools also scheduled weekly religious
education classes conducted by representatives of Council churches.
Students whose parents did not wish them to attend the classes were
excused. Non‑Christian religions were not permitted to give religious
instruction in public schools.

Societal Abuses and Discrimination

There were no reports of societal abuses or discrimination against
religious groups, although some churches and individuals objected to
missionary activities of nontraditional religious groups. The country\'s
Jewish community was limited to a few expatriates, and there were no
reports of anti-Semitic acts.

For a more detailed discussion, see the *2007 International Religious
Freedom Report*.

> d\. Freedom of Movement, Internally Displaced Persons, Protection of
> Refugees, and Stateless Persons

The constitution provides for freedom of movement within the country,
foreign travel, emigration, and repatriation, and the government
generally respected these rights in practice.

The law does not address forced exile, but the government did not employ
it.

Protection of Refugees

The law does not provide for the granting of asylum or refugee status in
accordance with the 1951 UN Convention relating to the Status of
Refugees and its 1967 protocol, and the government has not established a
system for providing protection to refugees. The government did not
grant refugee status or asylum. In practice the government did not
provide protection against refoulement, the return of persons to a
country where there is reason to believe they feared persecution. The
government had no association with the Office of the UN High
Commissioner for Refugees.

Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government

The constitution provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.

Elections and Political Participation

National parliamentary elections were last held in July 2004 and were
considered generally free and fair. Due to insufficient evidence, no
further action was taken against alleged participants in the burning of
several ballot boxes on the island of Tanna during the elections.
Parliamentary majorities have been unstable, with frequent motions for
votes of no confidence in the government.

Traditional attitudes regarding male dominance and customary familial
roles hampered women\'s participation in economic and political life.
There were two women in the 52-member Parliament. There was one woman in
the cabinet.

There were at least two members of minorities (non-Melanesians) in
Parliament, one of whom was in the cabinet.

Government Corruption and Transparency

The law provides criminal penalties for official corruption; however,
the government did not implement the law effectively, and officials
often engaged in corrupt practices with impunity.

There were reports of government corruption during the year. The law
provides for the appointment of public servants on the basis of merit;
however, in practice political interference at times has hampered the
effective operation of the civil service.

During the year three People\'s Progressive Party (PPP) MPs and a former
senior official in the Ministry of Foreign Affairs were charged with
forgery and theft in connection with a large-scale fraud scheme
involving electoral development funds. The cases were adjourned for
hearing in 2008. The case also resulted in the removal from office of
Foreign Minister and Deputy Prime Minister Sao Kilman. In July,
following disclosure of the alleged PPP involvement in the fraud scheme,
the PPP was removed from the coalition government.

Public officials are subject to a leadership code of conduct, which
includes financial disclosure requirements. The ombudsman\'s office is
responsible for combating government corruption.

No law provides for public access to government information. In practice
governmental response to requests for information from the media was
inconsistent.

Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials often were
cooperative and responsive to their views.

The president appoints a government ombudsman to a five-year term in
consultation with other political leaders. Since its establishment, the
ombudsman\'s office has issued a number of reports critical of
government institutions and officials. However, it did not have adequate
resources or independent power to prosecute, and the results of its
investigations may not be used as evidence in court proceedings.

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons

The law prohibits discrimination on the basis of race, place of origin,
language, or sex; however, women remained victims of discrimination in
the tradition-based society.

Women

Violence against women, particularly domestic violence, was common,
although no accurate statistics existed. Although rape is a crime, with
a maximum penalty of life imprisonment, spousal rape is not cited
specifically in the law, and police frequently were reluctant to
intervene in what were considered domestic matters.

There are no specific laws against domestic violence; courts
occasionally prosecuted offenders using common-law assault as a basis
for prosecution. Magistrates have authority to issue domestic violence
protection orders, but most cases of violence against women, including
rape, went unreported because women, particularly in rural areas, were
ignorant of their rights or feared further abuse. There were no
government programs to address domestic violence, and media attention to
the abuse was limited. Churches and other nongovernmental organizations
(NGOs) ran facilities for abused women. NGOs such as the National
Council of Women and the Vanuatu Women\'s Center also played an
important role in educating the public about domestic violence but did
not have sufficient funding to fully implement their programs.

Prostitution is illegal and was not regarded as a serious problem.
Although there is no law against sex tourism, no incidents were
reported. Sexual harassment is not illegal and was a problem.

While women have equal rights under the law, they were only slowly
emerging from a traditional culture characterized by male dominance, a
general reluctance to educate women, and a widespread belief that women
should devote themselves primarily to childbearing. The majority of
women entered into marriage through \"bride-price payment,\" a practice
that encouraged men to view women as property. Women also were barred by
tradition from land ownership. Many female leaders viewed village chiefs
as major obstacles to social, political, and economic rights for women.
Women interested in running for public office received encouragement and
help from the NGO Vanuatu Women in Politics.

Children

Access to education was limited, and school attendance was not
compulsory. Less than 35 percent of all children advanced beyond
elementary school due to a shortage of schools and teachers beyond grade
six. Boys tended to receive more education than girls. Although
attendance rates were similar in the early primary grades (approximately
79 percent for boys and 78 percent for girls), fewer girls advanced to
the higher grades. A significant portion of the population, perhaps as
high as 50 percent, was functionally illiterate. Medical services were
free, and there was an immunization program; boys and girls had equal
access. However, the government had few resources for medical care,
particularly in outlying provinces where there were no hospitals.

Child abuse was not believed to be extensive; however, the government
did little to combat the problem. NGOs and law enforcement agencies
reported increased complaints of incest and rape of children in recent
years, but no statistics were available. Children generally were
protected within the traditional extended family system. Members of the
extended family played an active role in a child\'s development.
Virtually no children were homeless or abandoned.

The legal age for marriage is 21, although boys between 18 and 21 and
girls between 16 and 21 may marry with parental permission. In practice,
in rural areas and some outer islands, some children married at younger
ages.

Trafficking in Persons

The law does not specifically prohibit trafficking in persons; however,
there were no reports that persons were trafficked to, from, or within
the country.

Persons with Disabilities

[]{.mark}

There is no law specifically prohibiting discrimination against persons
with physical or mental disabilities. There was a national policy
designed to protect the rights of persons with disabilities, but the
government did not implement it effectively. There were no special
programs to assist persons with disabilities and no legislation
mandating access to buildings for them. Their protection and care was
left to the traditional extended family and to NGOs. Due to high rates
of unemployment, there were few jobs available for persons with
disabilities. Persons with mental illness generally did not receive
specialized care; they usually were attended by members of their
extended families.

National/Racial/Ethnic Minorities

Most of the population is Melanesian. Small minorities of Chinese,
Fijians, Vietnamese, Tongans, and Europeans generally were concentrated
in two towns and on a few plantations. Most of the land belongs to
indigenous tribes and cannot be sold, although prime real estate was
increasingly leased to others. Within the limits of this system of land
tenure, there generally were no reports of discrimination against ethnic
minorities; however, only indigenous farmers can legally grow kava, a
native herb, for export.

Other Societal Abuses and Discrimination

There were no reports of societal violence or discrimination against
homosexuals or persons with HIV/AIDS.

Section 6 Worker Rights

a\. The Right of Association

The law provides all workers with the right to organize and join unions,
and workers exercised this right in practice. Approximately 14,300
persons participated in the formal economy as wage earners. Combined
union membership in the private and public sectors was approximately
1,900. The two existing trade unions, the Vanuatu Teacher\'s Union and
the Vanuatu National Worker\'s Union, were independent of the government
and grouped under an umbrella organization, the Vanuatu Council of Trade
Unions. The high percentage of the population still engaged in
subsistence agriculture and fishing (approximately 70 percent) precluded
extensive union activity. Unions require government permission to
affiliate with international labor federations, but the government has
not denied any union such permission.

While the law does not require union recognition, it prohibits antiunion
discrimination once a union is recognized. Complaints of antiunion
discrimination are referred to the Department of Labor. In 2006 there
were reports by unionists of employer violations of ratified
International Labor Organization conventions; although all
investigations of these reports were ongoing, as of year\'s end no
further action was taken.

b\. The Right to Organize and Bargain Collectively

Unions exercised the right to organize and bargain collectively. They
negotiated wages and conditions directly with management. If the two
sides cannot agree, the matter is referred to a three‑member arbitration
board appointed by the minister of home affairs. The board consists of
one representative from organized labor, one from management, and the
senior magistrate of the magistrates\' courts. While a dispute is before
the board, labor may not strike and management may not dismiss union
employees. However, unions and management generally reached agreement on
wages without arbitration. There have been strikes in the past, but
there were none during the year.

The law prohibits retaliation for legal strikes. In the case of private
sector employees, complaints of violations are referred to the
Department of Labor for conciliation and arbitration. In the public
sector, the Public Service Commission handles complaints of violations.
Unions are required by law to give 30 days\' notice of intent to strike
and to provide a list of the names of potential strikers.

There are no export processing zones.

c\. Prohibition of Forced or Compulsory Labor

The constitution prohibits forced or compulsory labor, including by
children, and there were no reports that such practices occurred.

> d\. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children under age 12 from working outside
family-owned agricultural production, where many children assisted their
parents. The employment of children from 12 to 18 years of age was
restricted by occupational category and conditions of labor, including
employment in the shipping industry and nighttime employment. The
Department of Labor effectively enforced these laws.

e\. Acceptable Conditions of Work

The Department of Labor effectively enforced a legislated minimum wage
of approximately \$212 (20,000 vatu) per month. The minimum wage did not
provide a decent standard of living for an urban worker and family.
However, most families were not dependent solely on wages for their
livelihood, supplementing their incomes through subsistence farming.
Various laws regulated benefits such as sick leave, annual vacations,
and other conditions of employment, such as a 44-hour maximum workweek
that included at least one 24-hour rest period. The Employment Act
provides for 1½ to 1¾ times the normal rate of pay for overtime work.

The Employment Act, enforced by the Department of Labor, includes
provisions for safety standards. Workers have the right to remove
themselves from dangerous work situations without jeopardy to their
continued employment. However, the safety and health law was inadequate
to protect workers engaged in logging, agriculture, construction, and
manufacturing, and the single inspector attached to the Department of
Labor could not enforce the law fully. Laws on working conditions and
safety standards apply equally to foreign workers and citizens.