REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PMB 081
Port Vila
Vanuatu

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)

20 June 2003

1173/2003/14

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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)

TABLE OF CONTENTS

1. JURISDICTION
2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
3. RELEVANT LAWS, REGULATIONS AND RULES
4. OUTLINE OF EVENTS
5. RESPONSES TO THE WORKING PAPER
6. FINDINGS
7. RECOMMENDATIONS
8. INDEX OF APPENDICES

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1.	JURISDICTION

1.1	The Constitution, the Ombudsman Act and the Leadership Code Act allow me to look into the conduct of government, related bodies, and Leaders. This includes the conduct of Hon. Rialuth Serge Vohor as former Minister for Foreign Affairs and External Trade (1999-2001). I can also look into defects in laws or administrative practices, including the improper issuance of Diplomatic and Official Passports to foreign nationals.

2.	PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED

2.1	The purpose of this report is to present my findings as required by the Constitution and the Ombudsman Act.

2.2	The scope of this investigation is to establish the facts about the issuance of Official and Diplomatic Passports and to determine whether Hon. Vohor’s conduct was proper in issuing the passports to foreign nationals.

2.3	This Office collects information and documents by informal request, summons, letters, interviews and research.

3.	RELEVANT LAWS, REGULATIONS AND RULES

3.1	CONSTITUTION OF THE REPUBLIC OF VANUATU 

	CONDUCT OF LEADERS

66(1)	Any person defined as a leader in Article 67 has a duty to conduct himself in such a way, both in his public and private life, so as not to-

(a)	place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised;

(b)	demean his office or position;

(c)	allow his integrity to be called into question; or

(d)	endanger or diminish respect for and confidence in the integrity of the Government of the Republic of Vanuatu.

'12(2)	In particular, a leader shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by sub-article (1).

	DEFINITION OF A LEADER

4	For the purposes of this Chapter, a leader means the President of the Republic, the Prime Minister and other Ministers, members of Parliament, and such public servants, officers of Government agencies and other officers as may be prescribed by-law.

CITIZENSHIP ACT (CAP 112)

HONORARY CITIZENSHIP

20	The President may on the advise of the Prime Minister confer honorary citizenship on any person with such privileges or exemptions as may be prescribed.

	This gives absolute discretion on the part of the President to confer honorary citizenship with any privileges he may decide to anyone which presumably may include the issuance of an official or diplomatic passport.

DIPLOMATIC AND OFFICIAL PASSPORTS ACT (CAP 179)

ISSUE OF PASSPORT

2(1)	Subject to the provisions of this Act, an officer authorised in that behalf by the Minister may issue Vanuatu diplomatic and official passports.

(2) 	Diplomatic and official passports shall be issued in the name of the Minister responsible for the Foreign Affairs of the Republic of Vanuatu and shall be in such forms as are prescribed by the Minister.

(3)	No fee shall be charged for the issue of diplomatic and official passports.

POWER TO CANCEL PASSPORTS

3(1)	A diplomatic or official passport may be cancelled by the Minister or by an officer authorised in that behalf by the Minister, and the passport shall thereupon become void, and any person having in his possession or under the control any such passport shall, on demand by the Minister or an officer forthwith deliver it up to the minister or the officer.

Basically, these sections allow the authorised officer to issue diplomatic and official passport on behalf of the Minister of Foreign Affairs. Both the Minister and the authorised officer can cancel official or diplomatic passports. The penalties for providing false information include a fine of Vt50,000 or imprisonment for three months.

Schedule 1 of Cap 179 provides for the categories of persons entitled to Diplomatic Passports while Schedule 2 provides for the categories of persons entitled to Official Passports. It must be noted that under these lists the Act (Diplomatic & Official Passports Act [CAP 179]) allows diplomatic and/or official to be issued to persons in respect of whom the Minister considers exceptional circumstances apply.

There is no criteria prescribed for exceptional circumstances. Thus one could argue that the Minister can issue a diplomatic or official passport to whomever he chooses under section 2 of CAP 179. To view these provisions, see Appendix D.

4.	OUTLINE OF EVENTS

4.1	On 28 May 2001, the Ombudsman began an enquiry following a complaint received about Honorable Serge Vohor’s trip to Asia. The name of the trip was believed to be operation ‘Ready for Climbing the Ladder’.

4.2	Hon. Rialuth Serge Vohor was appointed as Minister for Foreign Affairs and External Trade by Prime Minister, Barak Tame Sope Maautamate after the National General By-Elections to Parliament held on August 31 1999. He ceased to be the Minister for Foreign Affairs during this period in April of 2001.

4.3	The complaint stated that Hon. Vohor made the trip to meet with some people of Taiwan and other so-called Asian associates to collect money from the sale of passports in preparation for a possible General Election if there was a dissolution of Parliament in 2001. It further stated that persons to whom both Official and Diplomatic Passports were issued paid money to Hon. Vohor.

4.4	The complaint also stated Hon Vohor made the appointments of Honorary Consuls without responses from the Receiving country and therefore passports issued were improper.

4.5	On June 05 2001, a letter was sent to Mr. Etul Stanislas who was the former Second Political Advisor to Hon. Vohor to provide information regarding the names of the foreign nationals issued with the Official and Diplomatic passports. Information was also requested for transactions that may have occurred between Hon. Vohor and foreign nationals involving the sale of Official and Diplomatic passports.

4.6	A response was received from Mr. Stanislas on 8 June 2001stating that for an official passport to be issued, a form had to be filled and approved by the Department of Foreign Affairs. Only the Department of Foreign Affairs could issue Diplomatic passports. Mr. Stanislas stated that he has not witnessed any amount given to Hon. Vohor in exchange of Official and Diplomatic Passports. A copy of this letter is reproduced and attached as Appendix A.

4.7	On 5 June 2001, the Ombudsman received a response from Mr. William Tari, the former First Political Advisor to Hon. Vohor stating that passports are signed by the Minister of Foreign Affairs and he has not seen any evidence of money from the alleged sale but he has stated that people have confirmed having seen the free handout of money ranging from Vt20,000 and Vt50,000. He further stated that funds received may have been made by their own arrangement either under closed doors or overseas. Mr. Tari’s response included a list of foreign nationals who were issued Official and Diplomatic Passports.

4.8	The Ombudsman nevertheless did not receive any evidence to prove the allegation that Hon. Vohor was receiving funds for the sale of Official and Diplomatic Passports. The subject of this Public Report is concentrated on improper issuance of the passports to foreign nationals.

4.9	On 19 June 2001, in an interview with Hon. Vohor at the Office of the Ombudsman, he denied having sold the Official and Diplomatic Passports. He also denied receiving any proceeds from these passports.

4.10	On 27 June 2001, the Ombudsman received a response from Hon. Willie Jimmy Tapangararua who was then the Deputy Leader of Opposition dated 25 June 2001. Hon Tapangararua stated that he did not know of any person whether local or foreigners who were directly or indirectly involved in the sale and issue of Vanuatu Passports to foreigners. He added that there was a scheme that was initiated by certain foreign elements with the Ministry of Foreign Affairs during his time, but this scheme was known as "Permanent Residents" for Foreign Investors who had investments in Vanuatu to certain amounts, [but] nothing to do with passports.

4.11	On 11 July 2001, Director of Foreign Affairs, Kalfau Kaloris, and Japheth Tavoa, Chief of Protocol wrote to the Ombudsman stating that there is a criteria in place for which Official and Diplomatic Passports may be issued. They also added that Diplomatic and Official passports have been issued against the Department’s advice. A list of foreign nationals who have been issued with Official and Diplomatic passports were also included.

4.12	Regarding appointment of Honorary Consuls, Mr Kaloris and Mr Tavoa stated that after a person is appointed, the department of Foreign Affairs is then instructed to seek the agreement of the receiving state. After Vanuatu Government receives the agreement it implies that the host country is satisfied with the credentials and background of the person in question. This would include Police clearance in the receiving state. To view the Criteria used in the selection of Honorary Consuls of the Republic of Vanuatu, see Appendix B. The Vanuatu Government endorsed the Criteria in March of 1997.

4.13	Mr Kaloris and Mr Tavoa also stated that for appointments like Trade Commissioners, Special Representatives, Advisors and others (eg. Support staff in London and Bangkok offices), the Department has not had the opportunity to verify information submitted in curriculum vitaes and to carry out probity checks. Passports were only released following strong instructions. Decisions taken to release a passport if the criteria was not met came with stern pressure by Hon. Vohor because this could have been regarded as insubordination.

4.14	Nine (9) honorary consuls were appointed during the period when Hon. Vohor was Minister of Foreign Affairs (1999-2001) and all were issued with Diplomatic passports. Only two (2) of the nine (9) have received approval from the host state.

4.15	On 10 May 2002 Mr. Kaloris wrote in response to an Ombudsman’s letter stating that on 21 April 1998, Mr. Tavoa was duly appointed by Hon. Clement Leo (Minister assisting the Prime Minister on Foreign Affairs) to be the authorising officer for the issuance of diplomatic and official passports. This authority has never been terminated. Because the Department has refused to issue passports to those not entitled to, Hon. Vohor had assumed the authority to issue passports at his discretion in the Department of Foreign Affairs. 

4.16	From the list of foreign nationals issued with Diplomatic and Official passports, the following passports were identified to be issued by a non-legal authorised authority. (see table below). Under s. 2(1) of the Diplomatic and Official Passports Act [CAP 179], "issuing authority" is the person authorised on behalf of the Foreign Affairs Minister. Nevertheless, as stated above by authorities at the Department of Foreign Affairs, Hon. Serge Vohor assumed the authority of issuing passports when the Department refused to issue passports to those not entitled to it. Other passports also identified were issued by the then Prime Minister, Hon. Barak Sope Maautamate as indicated below.

Passport No.	Details of person issued to	Date issued	Issuing Authority		

D000046	
Leslie Mechtler, Honorary Consul of Vanuatu, Hungary. Mechtler is a nationality of Australia.
	
1.4.00	
MFA, Hon. Serge Vohor		
D000047	Jean Pfersdorff, Honorary Consul of Vanuatu, Maison Laffitte, France. Pfersdorff is a nationality of France.
	7.4.00	MFA, Hon. Serge Vohor		
D000067	Jean-Marie Orallo, Special representative of Vanuatu. Orallo is a nationality of France.
	4.12.00	MFA, Hon. Serge Vohor		
X000703	Lei Ting, Economic Advisor, Consulate of Vanuatu, United Kingdom. Ting is a Chinese
	12.7.00	MFA, Hon. Serge Vohor		
X000707	Thammanoon Arampongpun, Office Secretary, Consulate of Vanuatu, Thailand. Arampngpun is a citizen of Thailand and is an emplyee of Armerandra Nath Gosh.
	3.8.00	MFA, Hon. Serge Vohor		
X000708	Thanapon Tantayanurak, Office Assistant, Consulate of Vanuatu, Thailand. Tantayanurak is a citizen of Thailand and is an employee of Armerandra Nath Gosh.
	3.8.00	MFA, Hon. Serge Vohor		
X000709	Usa Sastura, Office Assistant, Consulate of Vanuatu. Sastura is a citizen of Thailand and is an employee of Armerandra Nath Gosh.
	3.8.00	MFA, Hon. Serge Vohor		
X000710	Soma Mukherjee, Trade Officer, Consulate of Vanuatu, Thailand. Mukherjee is a citizen of India and is an employee of Armerandra Nath Gosh.	3.8.00	MFA, Hon. Serge Vohor		

D000062	
Desmund William Knight, Director of Vanuatu Investment Corporation. Knight is an Australian.	
21.8.00	
PM, Hon. Barak Sope		

D000063	
Edmund Albert Galea, Director of Vanuatu Investment Corporation. Galea is an Australian.	
21.8.00	
PM, Hon. Barak Sope		

D000071	
Edward Anwar, Honorary Consul of Vanuatu, Indonesia. Anwar is an Indonesian.	
31.1.01	
PM, Hon. Barak Sope		

D000072	
Yorrys Raweyai, Honorary Consul of Vanuatu, Irian Jaya (West Papua). Raweyai is an Indonesian.	
31.1.01	
PM, Hon. Barak Sope		

D= Diplomatic passports
X= Official passports
MFA= Minister of Foreign Affairs
PM= Prime Minister

4.17	Mr Kaloris stated in his letter of 10 May 2002 that any passport that has not been signed by a legally recognised authority would be invalid. Mr. Leslie Garae, the Principal Immigration Officer stated the same position in his letter of response to the Ombudsman dated 15 April 2002. Mr. Garae added that such passports should be officially cancelled so that they would not be used as valid documents for the Republic of Vanuatu. A copy of Mr. Garae’s letter can be viewed in Appendix C.

4.18	On 10 July 2002, the Attorney General, Hamlison Bulu responded to the Ombudsman’s letter stating that Hon. Vohor did not consult him or his Office with "respect to the appointment of diplomats, trade representatives or honorary consuls to Vanuatu". He stated that he did not recall the Minister consulting him on such matters. Nevertheless he did provide legal opinions on the issue of diplomatic and official Vanuatu to Hon. Serge Vohor as Minister for Foreign Affairs.

4.19	Below is an extract from the Attorney General’s advice to Hon. Vohor on the issue of diplomatic passports in a letter dated 16 March 2000:

…[t]he Schedule to the Act (Official and Diplomatic Passports Act) provides the categories of people to whom Diplomatic Passport can be issued. Such passport cannot be issued to any person not falling within the categories set out. The only categories that could conceivably be resorted to in the current situation, which in fact do not apply, are those of –

"Foreign Affairs personnel: diplomatic and consular staff"; and "Persons in respect of whom the Minister considers exceptional circumstances apply."

The reference to "Foreign Affairs personnel" is qualified by the words "diplomatic and consular staff". I observe firstly that such people must be "personnel" – that is they must be employed by "Foreign Affairs" – they cannot be in an honorary capacity. Secondly, it is only "diplomatic and consular staff" to whom they may be issued. The use of the word "staff" again ensures that they must be in the employ of the Government by Foreign Affairs and not otherwise. They cannot be "honorary."

The second category of "exceptional circumstances" does not apply on any view for reasons that I have already communicated to you…

Of great importance is the Consular Relation Act [CAP.200] which by section 2 of that Act brings into domestic law the Vienna Convention on Consular Relations done at Vienna in 1961, to which Vanuatu is a signatory… 

Article 22.2 of the Convention makes it quite clear that before any person is appointed a consular officer from among the persons having the nationality of the receiving State there must be the express consent of that State…

I note that you have stated that the reasons for not complying with the law, is that you believe the formalities and procedures taken by the recipient countries will take months. The procedures are, as set out [in article 22, are] the legal procedures that must be gone through before any appointment is or can be made official.

Mr Bulu further advised against the view of Hon. Vohor that people need a diplomatic passport before they can negotiate on behalf of Vanuatu. He stated that:

In law, both international and domestic, and in practice there is absolutely no reason for any person negotiating projects on behalf of Vanuatu need to have anything more than a letter of authority from the Government.

A diplomatic passport does not, as a matter of law and fact, give any person a right to negotiate any project on behalf of Vanuatu. It is a letter of agency that does that. These people simply do not require a passport to be negotiators of Vanuatu. If they claim that they need such a passport then the claim must be regarded as suspicious at best.

4.20	In another letter from the Attorney General to Hon. Vohor dated 20 March 2000, Mr Bulu stated that:

You wanted me to agree with you that the circumstances surrounding the issue of Diplomatic Passports you have issued and those you intend to issue shortly thereafter amounts to "exceptional circumstances" under the Diplomatic and Official Passports Act [CAP.179]. You also wanted me to confirm that the discretion to issue a passport vests in the Minister.

Nevertheless, the Attorney General, Mr Bulu maintained his views as contained in his letter of 16 March 2000.

5.	RESPONSES TO THE WORKING PAPER

5.1	Before starting this enquiry, the Ombudsman notified all people or bodies complained of and gave them the right to reply. Also a working paper was provided prior to this public report to give another opportunity to respond. Responses were received from Hon. Serge Vohor Rialuth, Hon. Barak T. Sope Maautamate, Hon. Willie Jimmy Tapanga Rarua, Mr Kalfau Kaloris, and Mr Japheth Tavoa.

Response from Hon. Serge Vohor Rialuth, Deputy Prime Minister and (Current) Minister of Foreign Affairs & External Trade

5.2 	Hon. Serge Vohor responded that under s.2(1) of CAP 179, the Act gives authorization to an officer to issue passports, but this power is not restricted to the authorizing officer. The Minister of Foreign Affairs has absolute discretionary powers to issue both diplomatic and official passports to those entitled to receive these important Government documents. If a Minister has powers to cancel diplomatic and official passports, would s/he not also have similar powers in issuing these passports? Procedures have been established to facilitate the process of issuing either diplomatic or official passport and the final decision rests with the Minister of Foreign Affairs.

5.3	Hon Vohor also stated in his response that the issuing of passports is a form of recognition in lieu of an honorarium or financial grant from the Government. While the Government is unable to provide some budgetary support a diplomatic or official passport is an acceptable alternative. This bonds and strengthens the relationship between the representative and the nation.

The Ministry of Foreign Affairs is reviewing the existing legislation, including schedules 1 and 2 of CAP 179.

5.4	Furthermore, it was stated by Hon. Vohor that the decision to issue diplomatic and official passports to certain foreign nationals has always been considered within the context of national interest. Honorary Consuls appointed during the period in question (1999 – 2001), had been endorsed by the Council of Ministers implying that he did not take unilateral decisions to appoint those persons.

Response from Hon. Barak T. Sope Maautamate, Member of Parliament for Efate Rural

5.5	Hon. Barak T. Sope Maautamate responded and stated that he has not breached s.2(1) of CAP 179 as he had issued the four diplomatic passports with the written approval and authority of the Minister of Foreign Affairs, Hon. Vohor. At that time Hon Vohor had made it clear to him that he (Vohor) was the only person who had the authority and power to issue the Diplomatic passports.

5.6	As far as Minister Vohor was concerned, Mr Japheth Tavoa’s appointment as the issuing officer was terminated when the previous Government was voted out in a motion of no confidence in November of 1999. He was therefore of the belief that Minister Vohor was the only person who had the authority and power to issue diplomatic passports. CAP 179 does not give any civil servant the power or authority to issue any diplomatic passports. Only the Minister can.

5.7	Hon. Sope also stated in his response that he had received legal advice from the State Law Office before issuing the 4 passports, and it was in the following areas:

1.	The only Minister or person who can issue or authorize the issuance of diplomatic passports is the Minister for Foreign Affairs.
2.	The only Minister or person who can "exceptional circumstances" in order to issue a diplomatic passport is the Minister for Foreign Affairs.

5.8	Hon. Sope further stated that he had asked the Attorney General to give him what could be meant by "exceptional circumstances" for the Minister of Foreign Affairs to issue a diplomatic passport. He stated that he waited for eighteen months with no avail.

Response from Hon. Willie Jimmy Tapanga Rarua, Leader of the Opposition & Member of Parliament for Port Vila

5.9	Hon. Willie Jimmy responded that he has already responded to the Ombudsman’s enquiry and he has no new information.

Response from Mr Kalfau Kaloris, Director of Foreign Affairs

5.10	Mr Kalfau Kaloris supplied a list of passports which were declared null and void. The list is provided below. 

X000707	Thammanoon Arampongpun (21/5/01)	
X000708	Thanapon Tantayanurak (21/5/01)	
X000709	Usa Sastura (21/5/01)	
X000710	Soma Mukherjee (21/5/01)	

D000047	Jean Pfersdorff (6/8/01)	
D000062	Desmund William Knight (25/7/01)	
D000063	Edmund Albert Galea (25/7/01)	

5.11	He also clarified that the Foreign Minister (Vohor) and Prime Minister (Sope) signed the diplomatic and official passports issued to those foreign nationals implying that they are in fact valid travel documents. [This response clarified the allegation asserted that the diplomatic and official passports issued were not signed by Hon. Vohor and Hon. Sope]. The Dept of Foreign Affairs did not issue any passports based on legal advice from the State Law Office and consequently these were released to Hon. Vohor and Hon. Sope for their signature. The Foreign Affairs Department are also currently reviewing CAP 179.

Response from Japheth Tavoa

5.12	Mr Japheth Tavoa responded and also listed passports which have been cancelled and therefore declared null and void. (Please refer to the above list in paragraph 5.10).

5.13	Although The Criteria to be Considered in the Selection of Honorary Consuls of the Republic of Vanuatu as referred to in Appendix B was endorsed by the Council of Ministers in March 1997, it has never been considered in the selection of Honorary Consuls.

6.	FINDINGS

Finding 1:	The Ombudsman finds that Hon. Rialuth Serge Vohor has breached the Diplomatic and Official Passports Act [CAP 179] by issuing official passports to whom "exceptional circumstances" do not apply under Schedule 2 of the Act.

6.1	Under Schedule 2 of the Diplomatic and Official Passports Act [Cap 179], it is not necessary that official passports be issued to Administrative staff of a consular office such as an Office Assistant and an Office Secretary. It is not listed in the Schedule that persons acquiring such positions be issued with an official passport. There was no exceptional circumstance that would have compelled Hon. Vohor to issue official passport. Such might only be seen as engineered towards Hon. Vohor’s personal interest.

Finding 2:	The Ombudsman finds that Hon. Barak Sope Maautamate as the then Prime Minister has breached section 2(1) of the Diplomatic and Official Passports Act [Cap 179] by issuing four (4) diplomatic passports.

6.2	Section 2(1) of CAP 179 only allows an authorised officer on behalf of the Minister of Foreign Affairs to issue diplomatic and official passports. Hon. Barak Sope at the relevant time when the passports were issued was the Prime Minister of Vanuatu. Hon. Serge Vohor was the appointed Minister to look after matters pertaining to Foreign Affairs. In addition, the legally authorised officer to issue diplomatic and official passports is Mr. Tavoa at the Department of Foreign Affairs. Hon. Sope was not in a position to issue diplomatic passports, thus has breached the above provision.

Finding 3:	The Ombudsman further finds that Hon. Serge Vohor has breached section 2(1) of the Diplomatic and Official Passports Act [CAP 179] by assuming the authority of the authorised officer to issue diplomatic and official passports although that authority has never been terminated.

6.3	Section 2(1) states that the Minister (Foreign Affairs) may authorise an officer on his behalf to issue diplomatic and official passports. On 21 April 1998, Hon. Clement Leo (Minister assisting the Prime Minister on Foreign Affairs) duly appointed Mr Japeth Tavoa as the authorised officer to have issued official and diplomatic passports in the Department of Foreign Affairs. Since then this authority has never been terminated. Hon. Vohor, nevertheless assumed this authority when the Department of Foreign Affairs refused to issue passports to those not entitled to them. Under CAP 179. Hon. Vohor has no express legal authority to issue diplomatic and official passports.

Finding 4:	The Ombudsman also finds that the legal procedures for selecting honorary consuls of the Republic of Vanuatu were not followed by Hon. Serge Vohor. As a result Hon. Vohor has breached Article 22 of the Vienna Convention on Consular Relation (as ratified) and also the Criteria for Selecting Honorary Consuls as contained in Appendix B.

Finding 5:	The Ombudsman finds that Hon. Serge Vohor has breached section 22(1) of the Leadership Code Act No.2 of 1998.

6.5	Section 22(1) of the Leadership Code Act No.2 of 1998 provides that "a leader must not exercise undue influence over, or in any other way bring pressure to bear on, a person who is another leader…so as to influence, or attempt to influence, the person to act in a way that is…improper, illegal, against the requirements of the Act under which the person was appointed or contrary in any other way to the requirement of the person’s office or position"

In the Attorney General’s letter to Hon. Vohor dated 20 March 2000, Mr. Bulu stated that Hon. Vohor wanted him to consent that the circumstances to issue the diplomatic passports were exceptional and the discretion to issue the diplomatic passports vests with the Minister. This clearly indicates that the Minister was pressuring the Attorney General to agree with him. This is undoubtedly contrary to section 22(1) of the Leadership Code Act.

Finding 6:	The Ombudsman finds that Hon. Serge Vohor has breached section 28 of the Leadership Code Act No.2 of 1998 by deciding not to comply with the law relating to selecting honorary consuls.

5.11	Sub-section 13(1)(a) of the Leadership Code states that a leader must comply with and observe the law. In the Attorney general’s letter of advice to Hon. Vohor dated 16 March 2000, he stated that 

	"I note that you have stated that the reasons for not complying with the law, is that you believe the formalities and procedures taken by the recipient countries will take months. The procedures are, as set out [in article 22, are the legal procedures that must be gone through before any appointment is or can be made official"

	The above paragraph clearly indicates that Hon. Vohor, as a leader does not want to comply with and observe the law relating to appointments of honorary consuls in foreign countries. Consequently he may have breached section 28 of the Leadership Code Act by not obeying the law.

7.	RECOMMENDATIONS

The Ombudsman makes the following recommendation:

Recommendation 1:	That Diplomatic and Official Passports Act [CAP 179] be reviewed in order to clearly outline a Minister of Foreign Affairs’ authority and responsibility regarding the issuance of Diplomatic and Official Passports. This review should also include the elaboration of the circumstances that may fall into or include "exceptional circumstances" in Schedule 1 and 2 of the Diplomatic and Official Passports Act [CAP 179] so future Ministers of Foreign Affairs may not be tempted just to issue diplomatic and official passports to any foreign national and disguise it under "exceptional circumstances".

Recommendation 2:	That official and diplomatic passports not bearing the signature of a recognised legal authority be officially cancelled as valid documents of the Republic of Vanuatu by the Minister responsible for Foreign Affairs or an officer authorised in that behalf by the Minister. They should be declared as invalid and be delivered to the Minister of Foreign Affairs or the authorised Officer immediately. The said passports are:

D000046	Leslie Mechtler	
D000067	Jean Marie Orallo	
D000071	Edward Anwar	
D000072	Yorrys Raweyai	
X000703	Lei Ting	

Recommendation 3:	That the Public Prosecutor consider this report and if sufficient evidence exists prosecute Hon. Vohor and Mr. Sope for the breaches of the Leadership Code and the various legislation pointed out in this Report.

Recommendation 4:	That the ‘Criteria To Be Considered in the Selection of Honorary Consuls of the Republic of Vanuatu’ attached in this Report as Appendix B, be included as a Schedule to the Consular Relations Act [CAP 200] so that the procedures outlined is not overlooked in any intended future appointment of Honorary consuls.

Recommendation 5:	That the Ministry of Foreign Affairs and the Department of Foreign Affairs strictly adheres to the Vienna Convention on Consular Relations found in Schedule 1 of the Consular Relations Act [CAP 200] in order to cater for any amendments or changes in the international arena.

Dated the 20th day of June 2003.

Hannington G. ALATOA
OMBUDSMAN OF THE REPUBLIC OF VANUATU

8.	INDEX OF APPENDICES

A	Letter from ETUL Stanislas dated 8 Juin 2001.

B	Criteria to be considered in the selection of Honorary Consuls of the republic of Vanuatu.

C	Copy of letter dated 15 April 2002 from Leslie Garae, Principal Immigration Officer.

D	Relevant Laws.