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Vanuatu: Law amended to limit access to cabinet decisions while post-earthquake documentary slammed by PM

DATE POSTED : 20.08.2025

Vanuatu Council of Ministers meeting, 12 August 2025, in Lenakel, Tann (Photo Credit: MJCS)

The state of civic space in Vanuatu is rated as ‘narrowed’. Among ongoing concerns are the criminalisation of freedom of expression online under the Cybercrime Act No. 22 of 2021, as well as criminal defamation provisions in the country’s Penal Code Act that could be used to silence the media and critics. The country has also yet to establish an independent National Human Rights Institution (NHRI) that can receive complaints and concerns from communities and contribute to raising understanding and knowledge of human rights.

In recent months, the media and civil society leaders have raised concerns around a law that was amended to limit access to cabinet decisions, while the Prime Minister has criticised a post-earthquake documentary. The court ruled in favour of teachers who have been on strike since 2024.

Expression

Media body opposes move to limit access to government decisions

On 18th August 2025, the Media Association of Vanuatu (MAV) voiced strong opposition to the government’s recent decision to amend the Right to Information (RTI) Act to restrict public access to decisions made by the Council of Ministers (COM), calling the move a step backwards for democracy and transparency in the country.

The amendment, introduced during the first ordinary session of Parliament, has drawn concern from civil society leaders, media organisations, and transparency advocates.

MAV President Charles Sumbe stated that the lack of consultation prior to the change shows disregard for democratic values and the importance of public trust.

He said: “While we understand that some matters require confidentiality, not all decisions made by the Council of Ministers should be hidden from the public. Transparency builds trust - secrecy erodes it.”

MAV has also raised concerns over the lack of engagement with the Right to Information (RTI) Unit or MAV before amendments to the Right to Information Act of 2016 were made. The Association is now requesting a formal explanation from the Government on what changes have been made to the Act and why.

MAV believes the recent changes are a direct threat to the purpose and spirit of the RTI Act, which was established to uphold freedom of expression, ensure transparency, and guarantee the public’s right to access government-held information. MAV described the move as an act of censorship that could undermine the fundamental principles of good governance.

Opposition Leader, Hon. Ismael Kalsakau, said the change could be used to hide important public reports, including Commission of Inquiry (COI) reports, which are meant to hold government accountable.

Prime Minister criticises post-earthquake documentary

Previously, in March 2025, the prime minister of Vanuatu, Jotham Napat, slammed an Australian documentary that discussed Chinese-funded buildings which were damaged during the December 2024 earthquake and accused reporters of “bias”.

The earthquake resulted in at least 14 fatalities, 265 injuries, the displacement of 1,092 people, and the destruction of 570 houses that affected 2,850 people. The earthquake also left significant infrastructure damage in the capital.

The Australian Broadcasting Corporation (ABC) published a report on 21st March 2025 about the post-earthquake situation in Vanuatu’s capital, Port Vila, and linked the damage to some buildings to outdated building code guidelines and construction practices. Titled “From paradise to peril”, the report mentioned that the new presidential palace complex built and donated by the Chinese government was among the damaged buildings. The report, which was written by a local journalist, also included a video interview with Vanuatu’s Prime Minister Jotham Napat.

But Napat took offence to the framing of the report and the so-called singling out of China. His office released a statement on 27th March 2025 describing the ABC report as an example of “foreign bias.”

The ABC responded the following day, defending the story it published. The ABC statement added that the report tackled various aspects of the country’s recovery efforts and did not solely focus on China-funded buildings in the capital.

Media watchdog, the International Federation of Journalists (IFJ) reminded authorities that the prime minister’s statement could be interpreted as an attempt to influence media reporting.

It added that just because a government is uncomfortable with a report does not mean it equates to journalistic bias. Any attempts to control or stifle the media narrative in the island nation could easily be interpreted as an act of censorship and a warning to others working in the media not to report on so-called sensitive issues in the eyes of the government.

Association

Court rules in favour of striking teachers

In June 2025, Vanuatu's Supreme Court delivered a landmark ruling in favour of the Vanuatu Teachers Union. The court overturned the Teaching Service Commission's decision to suspend and terminate over 600 teachers involved in industrial action.

The court found no evidence that the strike, which began in June 2024, was unlawful, despite legal advice initially relied upon by the government.

Justice Edwin Goldsbrough criticised the disciplinary actions taken against teachers while court proceedings were still ongoing and stated that the union was within its rights to resume industrial action without issuing a second 30-day notice.

In August 2025, the Court of Appeal officially dismissed the appeal made by the Vanuatu Teaching Service Commission (TSC) regarding the recent Supreme Court decision.

As previously documented, in June 2024, members of the Vanuatu Teachers Union (VTU) went on strike. More than 1,000 teachers, mostly from public schools, walked off their jobs.

Jonathan Yona, general secretary of the Vanuatu Teachers' Union, told RNZ Pacific the strike was initiated over a range of pay remuneration issues spanning 18 years. These included basic pay rates as well as remuneration entitlements for members who were principals, and deputy principals.

Civic Space Developments
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Vanuatu
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positive court ruling,  censorship,  restrictive law, 
Date Posted

20.08.2025

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