VANUATU: REPORTS OF THE OMBUDSMAN OFFICE

2005

7348/2005/01. 18^th January 2005:

- Public Report on the Alleged unlawful Re – Appointment of some Dismissed Police Officers

9231/2005/02. 28^th February 2005:

- Public Report on the Alleged Delay of Investigation by Police

9590/2005/03. 11^th April 2005:

- Public Report on the Breach of Article 64 of the Constitution by the Ministry and Department of Education

3091/2005/04. 1^st June 2005:

- Public Report on the Improper Appointment of the Principal V.I.T.E.

8597/2005/05. 10^th June 2005:

- Public Report on the Improper Action of the Public Service Commission in Appointing Mr. George Andrew as the Director General of Education

1035/2005/06. 16^th September 2005:

- Public report on the improper conduct of Tanna police and poor prison condition resulting in the suicide of prisoner Junior Arthur Malcom.

3112/2005/07. 14th October 2005:

- Public Report on the Breach of Laws by the Chairman of the VMA Board of Directors

0204/2005/08. 24^th November 2005:

- Public Report on the Improper Delay of Investigating Mrs Margaret Chanel’s Complaint by the Police.

3123/2005/09. 16^th December 2005:

- Public Report on the Defective Administration Practice by the Former Citizenship Commission and the Defects in the Citizenship Act.

2004

N0. 01 of 2004. - Confidential

7034/2004/02. 22^nd January 2004:

- Public Report on the Alleged Unreasonable Delay by the Public Works and Finance Departments to Recover Debt from Union of Moderate Party

8332/2004/03. 24^th February 2004:

- Public Report on the Ordinary Passports Numbered A004302 to A004305

2080/2004/04. 15^th March 2004:

- Public Report on the Improper Suspension and Non – Payment of Salary to Nurse Practitioner Mr. Philip Tanake

1185/2004/05. 3^rd August 2004:

- Public Report on the Alleged Breach of the Leadership Code by Mr. Barak Tame Sope Maautamate

N0.06 of 2004. - Confidential

9236/2004/07. 13^th August 2004:

- Public Report on the Alleged Delay and Inaction in Investigating Motor Vehicle by Police and the Public prosecutor

2003

1072/2003/01. 7^th January 2003:

- Public Report on the Appointment of the Deputy Town Clerk – Luganville Municipal Council

0114/2003/02. 24^th January 2003:

- Public Report on the Detention of a 12 – Year – Old Child in Santo Prison

9606/2003/03. 12^th March 2003:

- Public Report on the Failure of Luganville Municipality to Comply with Tender Requirements

1072/2003/04. 21^st March 2003:

- Public Report on the Loss of Occurrence Book used during Police Operation Klinim Not 2000

1183/2003/05. 8^th April 2003:

- Public Report on the Misuse of MP Allocation Fund by Former Member of Parliament for Banks & Torres, Mr. Stanley Reginald

821/2003/07. 2^nd May 2003:

- Public Report on the Alleged Mis-Allocation of a Land Lease in Luganville

0221/2003/09. 26^th May 2003:

- Public Report on the Loss of Case File in Public Prosecutor’s office, Luganville

9095/2003/10. 3^rd June 2003:

- Public Report on the Alleged Misappropriation of Police Single Police Officers mess Fund

1155/2003/11. 6^th June 2003:

- Public Report on the False Annual Return Declaration made by (Former) MP Barak Sope Maautamate on 1^st March 2001

6137/2003/12. 16^th June 2003:

- Public Report on the Failure of the Port Vila Municipal Council to Enforce its By – Laws

8103/2003/13. 19^th June 2003:

- Public Report on the Alleged Misuse of Community Development Fund

1173/2003/14. 20^th June 2003:

- Public Report on the Alleged improper Issuance of Diplomatic and Official Passports by Hon. Rialuth Serge Vohor, Former Minister of Foreign Affairs & External Trade (1999 – 2001)

9371/2003/15. 26^th June 2003:

- Public Report on the improper Termination of Mrs. Estella Gihiala at the Penama Provincial Council

2145/2003/16. 30^th June 2003:

- Public Report on the Establishment and Operation of “Ol Fren Blong Northern District Hospital”

9104/2003/17. 3^rd July 2003:

- Public Report on the Saratamata Police Inaction in Connection with the Destruction of Gardens in Lolovenue Village at North Ambae

3003/2003/19. 28^th July 2003:

- Public Report on Government Agency Christmas Expenses 2001 – 2002

1039/2003/20. 11^th August 2003:

- Public Report on Allegations of Police Violence on Santo

1259/2003/21. 13^th August 2003:

- Public Report on the Police Brutality During Operations on Central Pentecost

2094/2003/22. 26^th August 2003:

- Failure of Santo Police to Act & Lack of Police Resources

3048/2003/23. 13^th September 2003:

- Public Report on the Unreasonable Delay by Luganville Municipal Council in finalising Staff Disciplinary Proceedings

8545/2003/24. 26^th September 2003:

- Public Report on the misappropriation of the Prison Project Fund

0056/2003/25. 14^th October 2003:

- Public Report on the Organisation of a “Heritage study Tour” to Australia in 1999 by Mr. Roy Bongelan

3014/2003/26. 17^th December 2003:

- Public Report on the Non – Payment of Staff Overtime Allowances by VNPF Management and Board

2002

7231/2002/01. 31^st January 2002:

- Public Report on the Arrest of Mr. Zachias Bila by Corporal Ron Temakon Tamtam on Pentecost

0012/2002/02. 18^th February 2002:

- Public Report on the Maladministration at the Vila Central Hospital

0011/2002/04. 19^th February 2002:

- Public Report on the Misuse of MP Allocation Fund by MP Vincent Boulekone

0038/2002/05. 26^th April:

- Public Report on the Lavusvatu Water Project – Luganville

1143/2002/06. 7^th June 2002:

- Public Report on the Delay in Gazetting Leaders 2001 annual Returns by Mr. Lino Bulekuli dit Sacsac Clerk of Parliament

1015/2002/07. 1^st August 2002:

- Public Report on the Misappropriation of Land Fees and the Delay in Reimbursing Excess of Land Fees by Lands Officer in Santo

9466/2002/08. 5^th August 2002:

- Public Report on the use of Government Office for Personal Gain by Mr. Noel Faionalave

9390/2002/09. 12^th August 2002:

- Public Report on the Purchase of the Luganville Lord Mayor’s Vehicle

0197/2002/10. 26^th August 2002:

- Public Report on the Government Contract Granted to Ifira Wharf & Stevedoring (1994) Ltd

8516/2002/12. 14^th October 2002:

- Public Report on the Alleged Bribery by Mr. Iarris Naunun to Obtain Residency status for Mr. Patrick Jenny

9158/2002/14. 16^th December 2002:

- Public Report on the Unlawful Arrest, Assault and Detention of Mrs. Aspin Jack

2001

8496/2001/01. 20^th April 2001:

- Public Report on the Management of Islands Stevedoring Company Limited (NISCOL)

8526/2001/02. 14^th May 2001:

- Public Report on the Fraudulent use of Public Funds for Personal Gain in the Development Bank of Vanuatu by the Former Managing Director Mr. Augustine Garae

8011/2001/03. 13^th June 2001:

- Public Report on the Alleged Illegal Appointment of a Chief’s Representative to the Penama Provincial Council

7122/2001/04. 20^th July 2001:

- Public Report on the Severance Payment and Three Months Salary in Lieu of Notice to the 1996 Sanma Provincial Councillors

731/2001/05. 26^th July 2001:

- Public Report on the Improper Acquisition of 16 Vehicles for the Sanma Provincial Games in 1997

0205/2001/06. 6^th September 2001:

- Public Report on the Improper Conduct by Government Officials in Dealing with Môn dragon’s proposed Free Trade Zone in Big Bay, Santo

0170/2001/07. 20^th September 2001:

- Public Report on the Failure of 53 Leaders to File Annual Returns to the Clerk of Parliament by 1^st March 2000

1106/2001/08. 31^st October 2001:

- Public Report on the Deportation of the Publisher of Trading Post Marc – Neil Jones from Vanuatu

2000

7035/2000/01. 25^th February 2000:

- Public Report on the Improper Concessions given by the Former Minister of Public Works MR. Amos Andeng to Mr. Li Zhong Heng

9338/2000/02. 29^th February 2000:

- Public Report on the Failure of some Leaders to File Annual Returns to the Clerk of Parliament

9078/2000/03. 13^th March 2000:

- Public Report on the Unlawful Solitary Confinement of Three Prisoners by Prison Authorities

8453/2000/04. 16^th May 2000:

- Public Report on Delay within the Labour Department

8836/2000/05. 26^th June 2000:

- Public Report on the Unlawful Suspension of a Secondary School Teacher by Mr. Antoine Thyna and the Teaching Service Commission

0145/2000/06. 10^th October 2000:

- Public Report on the Alleged Threatening, Intentional Assault, Damage to Property & Breach of the Leadership Code by Hon. Stanley Reginald Deputy Prime Minister & Minister of Public Utilities

6069/2000/07. 25^th October 2000:

- Public Report on the Alleged Misappropriation of the Community Development Fund by Mr. Maxime Carlot Korman

9125/2000/08. 6^th December 2000:

- Public Report on the Unlawful termination of a Secondary School Teacher by the Teaching Service Commission

1999

9/01. 10^th February 1999:

- Public Report on the Ethics and Legality of the Trade – In of the Ministry of Finance Car – G188 MOF

7295/9/02. 19^th February 1999:

- Rapport Public Nomination Incorrecte de Mme Coulon Dans la Fonction Publique et Paiement Illegal D’Inemnites Par son Frere. La’ancien Permier Ministre Maxime Carlot Korman

3161/9/03. 25^th February 1999:

- Public Report on the Maladministration relating to Permanent Appointments in tmhe Forestry Department

7038/9/04. 11^th March 1999:

- Public Report on the Improper appointment of Senior Public Works Department Staff

8609/9/05. 16^th April 1999:

- Public Report on the Illegal Payments to Staff of Prime Minister’s Office and Finance Department

7159/9/06. 22^nd April 1999:

- Public Report on the Granting of Leases by the Former Minister of Lands Mr. Paul Barthelemy Telukluk to himself, Family members and Wantoks

8553/9/07. 12^th May 1999:

- Public Report on the Vanuatu Service Failure to put out the Fire on 6^th May 1998 at Paris Shopping, Snoopy’s, Au Peche Mignon and Frank King Tours

8809/9/08. 19^th May 1999:

- Public Report on the Illegal and Unconstitutional Discrimination in the Citizenship Act

6039/9/09. 28^th May 1999:

- Public Report on the Mismanagement of the Tender Sale of Ten (10) Deportees’ Properties by the Former Minister of Lands, Mr, Paul Telukluk

7092/9/10. 24^th June 1999:

- Public Report on the improper procedures used to extend the Employment contract of Dr. Triniata A. Manandhar a Dental Officer at Vila Central Hospital

7165/9/11. 23^rd July 1999:

- Public Report on the Mismanagement of the Vanuatu Livestock Development Ltd by the former Manager, Selwyn Leodoro in 1992 – 1993 and Illegal Conduct of the Former Chairman of the Board, Tom Kalorib

6181/9/12. 13^th August 1999:

- Public Report on the Maladministration and Political Interference in the Granting of Loans by the Development Bank of Vanuatu

7156/9/13. 13^th August 1999:

- Public Report on the Discriminatory Criteria of the Vanuatu Examinations Board for Admission to year 7

7265/9/14. 9^th September 1999:

- Rapport Public sur la Conversion en Ecole Anglophone De L’ecole Primaire Publique Fracohone roau De Mangaliliu (Efate Nord – Quest)

8554/9/15. 16^th September 1999:

- Public Report on Prison Conditions and Mismanagement of the Prisons Budget

6202/9/20. 9^th December 1999:

- Public Report on the Delayed appointment of a Gynaecologist/Obstetrician at Vila Central Hospital

617/9/21. 14^th December 1999:

- Public Report on the Loss of Properties at Santo Police Station

9457/9/22. 21^st December 1999:

- Public Report on the Misuse of Government Vehicles

8131/9/23. 28^th December 1999:

- Public Report on the Alleged Leadership Code Breaches by John William Timakata (Former Public Prosecutor)

1998

01/98. 30^th January 1998:

- Public Report on the conduct of 19 members of Parliament including the Prime Minister, Minister of Justice, Minister of Public Works, Minister of Tourism and Telecommunications, Minister of Home Affairs, and Minister of Foreign Affairs in seeking a pardon for a fugitive from Justice

02/98. 3^rd February 1998:

- Public Report (Pursuant to art 63 (3) of the constitution) on the misconduct of Minister Demis Lango

05/98. 24^th February 1998:

- Public Report on Breaches of the Leadership code by Sato Kilman, Minister of Lands

06/98. 26^th February 1998:

- Public Report of the Breach Leadership Code and Misuse of Cyclone Betsy Account by the Former Prime Minister of Vanuatu Mr. Maxime Carlot Korman

07/98. 3^rd March 1998:

- Public Report on the Improper sale of Government Houses by the Office of the Prime Minister under the Former Prime Minister Maxime Carlot Korman

09/98. 24^th March 1998:

- Public Report on the Illegal Creation of the CVDC Holdings SA and the People of Vanuatu Trust and Breach of the Leadership Code by Hon Vincent Boulekone, Minister of Finance

10/98. 9^th April 1998:

Public Report on the improper granting of Land Lease title 11/OE22/016 by the former Minister Paul Telukluk and former Director of Lands Roger Tary (This report contains the findings of fact, opinions, views and unlawful conduct and the recommendations of the ombudsman pursuant to the constitution of the Republic of Vanuatu and the ombudsman Act N0.14 of 1995)

11/98. 17^th April 1998:

- Public Report on the Improper Appointments and promotions of Health Workers in November 1995 (This report contains the findings and recommendations of the Ombudsman pursuant to the constitution of the Republic of Vanuatu and the Ombudsman Act N0.14 of 1995)

12/98. 29 Eprol 1998:

- Pablik Ripot long Apoenman blong Mr. Yves Niowenmal olsem Darekta blong Helt dipatmen we ino Folem stret fasin blong Apoenman

13/98. 7^th May 1998:

- Public Report on the improper conduct by Mr. Hilton Tarileo, Deputy Director of cooperatives Dept. and lack of Disciplinary action against Mr. Tarileo. ( This report contains the findings of fact, opinions, views and unlawful conduct and the recommendations of the ombudsman pursuant to the constitution of the Republic of Vanuatu and the Ombudsman Act N0.14 of 1995)

6123/98/14. 11^th June 1998:

- Public Report on the improper appointment of Male Nurse Peter Yunak

7203/8/20:23^rd September 1998:

- Pablik ripot long saed blong kruket fasin blong givim Diuti Ekawmsen we Hon. Willie Jimmy mo Kastoms Dipatmen I mekem

7290/8/21. 30^th September 1998:

- Pablik ripot long saed we polis Fos I slo tumas blong mekem Investigeisen

6083/8/24. 25^th Novemba 1998:

- Pablik ripot abaot Kruket fasin blong wok long saed blong tender prosija we foma daerekta blong Lan, Roger tary mo Foma minister blong lan, Paul Telukluk I bin mekem agensem loa taem tufala I bin stap dil wetem wota saplae prokjek blong Canal Du Second II mo Pepsi eria long Luganville

1997

6^th March 1997:

- Public Report on the appointment of Maurice Michel to the Public Service and to the position of auditor General

28^th May 1997:

- Public Report on the Premature birth and Death of Newborn twins at Vila Central Hospital

4^th June 1997:

- Public Report (Pursuant to art 63(3) of the Constitution) on Illegal Ex Gratia Payments to 23 1988 Former MPs (This report contains the findings of fact, opinions, views and of unlawful conduct and the recommendations of the Ombudsman pursuant to the constitution of the Republic of Vanuatu and the Ombudsman Act N0.14 of 1995.)

19^th June 1997:

- Public Report (Pursuant to art 63(3) of the Constitution) on the Abuse of VNPF Tendering procedures by VNPF Board and Management (This report contains the findings of fact, opinions, views and the recommendations of the Ombudsman pursuant to the constitution of the Republic of Vanuatu and the Ombudsman Act N0.14 of 1995.)

26^th June 1997:

- Public Report (Pursuant to art 63(3) of the Constitution) on the Conduct of Hon Willie Jimmy, Hon Amos Bangabiti and Mr Aime Malere in the Sale of the M.V Savin Fana (This report contains the findings of fact, opinions, views and of unlawful conduct and the recommendations of the Ombudsman pursuant to the constitution of the Republic of Vanuatu and the Ombudsman act N0.14 of 1995.)

3^rd July 1997:

- Public Report (Pursuant to art 63(3) of the Constitution) on the Payment of “COMPENSATION” to Hon Maxime Carlot Korman, Hon Willie Jimmy, and Hon Barak Sope in Breach of the Leadership code and Compensation Act 1994 (This report contains the findings of fact, opinions, views and of unlawful conduct and the recommendations of the Ombudsman pursuant to the constitution of the Republic of Vanuatu and the Ombudsman act N0.14 of 1995.)

17^th July 1997:

- Public Report on the improper interference with a Land Lease by the former Minister of Foreign Affairs, Mr Amos Bangabiti (This report contains the findings of fact, opinions, views and of unlawful conduct and the recommendations of the Ombudsman pursuant to the constitution of the Republic of Vanuatu and the Ombudsman Act N0.14 of 1995.)

10^th September 1997:

- Public Report (Pursuant to art 63(3) of the Constitution) on the National Bank of Vanuatu former Board members’ trip to Fiji on the 17^th – 24^th October 1995 (This report contains the findings of fact, opinions, views and of unlawful conduct and the recommendations of the Ombudsman pursuant to the constitution of the Republic of Vanuatu and the Ombudsman Act N0.14 of 1995.)

1^st October 1997:

- Public Report (Pursuant to art 63(3) of the Constitution) on the Illegal Hospitals Panel Signs Contract entered into by Mr. Yves Niowenmal, the former Director of Health Department (This report contains the findings of fact, opinions, views and of unlawful conduct and the recommendations of the Ombudsman pursuant to the constitution of the Republic of Vanuatu and the Ombudsman act N0.14 of 1995.)

November 1997:

- Third Special Report on the Observance of Multilingualism the Ombudsman of the Republic of Vanuatu (Pursuant to Article 64(3) of the constitution)

3^rd December 1997:

- Public Report on Appointment of Resort Las Vegas Group as agent for “Immigration scheme for Vanuatu” and on the Conduct of Prime Minister RT Hon Serge Vohor and Foreign Affairs Minister Hon Vidal Soksok in assisting the grant of citizenship and issue of rodianry and official passports to Mr Jae Yong (Richard) Jung

17^th December 1997:

- Ripot I go long pablik (folem atikol namba 63(3) blong constitiusen) long saed blong lon we VNPF I givim blong man I pemaot haos

* Third Annual Report 1997 to Parliament by the Ombudsman of the Republic of Vanuatu (in accordance with section 63(5) of the constitution)

1996

3^rd July 1996:

- Public Report on the provision of Bank Guarantees given in the sum of US$100,000,000.00 in Breach of the Leadership code and section 14 of the Ombudsman Act and the related matters thereto

23^rd July 1996:

- Public Report complaint Alleged misappropriation of funds by the president of Shefa Province and Maladministration of Shefa Provincial Council

6^th July 1996:

- Public Report on the Vanuatu Commodities Marketing Board Utilisation of the VT. 1.3 Billion 1986 – 1987 stabex funds subsidy

20^th August 1996:

- Report on the Nambawan Bottle Shop case (Pursuant to Article 63(3) of the Constitution and Section 24 of the Ombudsman Act) by the Ombudsman of the Republic of Vanuatu

23^rd September 1996:

- Public Report on the Sale of M.V Yasur

10^th October 1996:

- Public Report Complaint against the Immigration Department concerning a woman whom the Immigration Department attempted to prevent leaving the country

16^th October 1996:

- Public Report on the conduct of Hon BT Sope and the VNPF Board in a proposed imvestment in the internet Bank “ CYBANK” Venture (This report expresses the opinions, views, findings of fact and recommendations of the Ombudsman pursuant to the Ombudsman Act and the constitution of the Republic of Vanuatu.)

22^nd October 1996:

- Further Public Report on the US$ 100,000,000 Bank Guarantees

25^th October 1996:

- Public Report on the conduct of Hon Amos Bangabiti, Hon Maxime Carlot Korman and Mr Irene Bongnaim on the granting of the contract to clean the Bauerfield Airport to FX & BM cleaning services (This report expresses the opinions, views and findings of fact and recommendations of the Ombudsman pursuant to the Ombudsman Act and the Constitution of the Republic of Vanuatu.)

15^th November 1996:

- Public Report on the Appointment of the Deputy General Manager of the Vanuatu National Provident Fund

25^th November 1996:

- Second special report on the Observance of Multilinguism 1996

- 2^nd Annual General Report to Parliament 1996 by the Ombudsman of the Republic of Vanuatu

28^th November 1996:

- Third Public Report on conduct of Hon Barak Tame Sope concerning a further request to Scotland Yard on 18.10.96 to release US$ 100,000,000 Bank Guarantees (This report contains the opinions, views, findings of fact and misconduct and recommendations of the Ombudsman pursuant to the Constitution of the Republic of Vanuatu and the Ombudsman act N0.14 of 1995.)

10^th December 1996:

- Public Report into Multiple Breaches of the Leadership code and other unlawful conduct by Hon Barak T Sope (This report contains the findings of fact, opinions, views and of unlawful conduct and the recommendations of the Ombudsman pursuant to the Constitution of the Republic of Vanuatu and the Ombudsman act N0.14 of 1995.)

1995

• First Annual Report 1995 to Parliament by the Ombudsman of the Republic of Vanuatu
• First Special Report 1995 on the respect of Multilingualism to Parliament by the Ombudsman of the republic of Vanuatu
• November 1995:

- Report on the Nambawan Bottle Shop case (Public Report pursuant to Article 63(3) of the Constitution and section 24 of the Ombudsman Act)