Hotel Politics v

Political Party Integrity Bill 2014

Joseph D Foukona

PhD Candidate, ANU, CAP/CHL

Hotel PoliticsPolitical Party Integrity Bill 2014Provisions of the Constitution relevant to provisions of the Bill to promote political integrity;Provisions likely to be effective without amendment of the Constitution;Provisions which are likely to be effective but may require amendment of the Constitution.Implications

Presentation Outline:

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Hotel Politics“It is around the time of nomination and election of Prime Minister that Members of Parliament show the best of their skill for acrobatics making the situation very, very dynamic and very, very fluid” (Wale, Hansard report, 19th May 2014)

Weak loyalty to partiesGroupings shaped by political actors

Hotel Politics

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“We set down locked up in one of these hotels in 2010, they have locked us up. As some of us being new to politics; I was also thinking as to what are we going to do, some words I also heard is that ‘we have to sit on green pasture’. Being a new politician on the block, I did not only hear it but I also see it” (Ete, Hansard report, 21st May 2014)

$$ and political incentives

Hotel Politics

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“In the recent period of political lobbying … For some people, their price tag was $50, 000, $100, 000, $200,000 and even $300, 000”

(Maneniaru, Hansard report, 19th May 2014)

Political and commercial male elites

Political Party Integrity Bill 2014

• Statutory mechanism to regulate the establishment, governance, operation and administration of a party.

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Provisions of the Constitution relevant to provisions of the Bill to promote political integrityExcept with his own consent, no person shall be hindered the right to freedom of speech and expression: s12;Except with his own consent, no person shall be hindered right to freedom of assembly and association with other persons, in particular to form or belong to political parties etc: s 13;Right to freedom from discrimination on grounds of political opinions: s15;Decisions of Parliament shall be made by majority of votes of members present and voting, unless Constitution provides otherwise: s 71.NB. Court of Appeal of Vanuatu in Sope v A-G (1988) has held that

-- rules of political party that state that a member cannot support a motion of no-confidence in the Government leader from that party are void as contrary to the right to freedom of expression of members.

-- sections of Act of Parliament that provide that a member of a party cannot resign from the party which supported his candidature are void as contrary to freedom of members of Parliament to vote as they think best in Parliament. See also Schedule 2 – 3.- (1) All members shall be eligible for candidature; (2) No member shall be a candidate unless he is nominated as such by four other members.

Establishment and composition of Commission – administer and enforce (ss 4 – 12, 22);Office of the Registrar of Political Parties (ss 13 -18, 20);

Provisions likely to be effective without amendment of the Constitution.

“Reserve for women atleast 10% of total number of candidates it selects and endorses to contest and election” (s48 (1)); but if less than 10% as required by s 48 (1) “such party will not have contravened the section” (48(2)).

Provisions likely to be effective without amendment of the Constitution.

Registration of political party – must have no less than 250 members (s 19);Deregistration of political party (ss 31 – 34);Section 39 - “No person may be a member of a political party unless the person declares and consents”.

Provisions which are likely to be effective but may require amendment of the Constitution.

Section 53 (3) “No political party may enter into a coalition agreement with any independent or group of independent members of Parliament after an election”; Schedule 2 (ss 53 and 54) “After a general election, the parliamentary party leader of the political party in the Coalition of Parties with the highest number of seat in Parliament shall be the leader … be nominated as PM”.

Provisions which are likely to be effective but may require amendment of the Constitution.

Registration or de-registration? Coalition formation and revoking? Elite based?

Implications

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TAGIO TUMAS!