Anti-coprnpOon ombudsman

under attack from parliament

By Patrick Decumtre

anu a t u s / French-born ombudsman, Marie

Noelle Ferrieux-Patterson, has come

under repeated attacks from the coun try’s authorities, who have repealed her act in a bid to reduce her powers.

But President Jean-Marie Leye refused to promulgate the repeal bill.

The ombudsman’s act (repeal), which was voted last November by a vengeful parliament, received support from many top leaders, including Prime minister Serge Vohor and his predecessors, Maxime Carlot and Walter Lini.

But the ombudsman’s post, although guaranteed by the Vanuatu Constitution, only became a reality three ago when

President Jean-Marie Leye appointed Marie-Noelle Ferrieux-Patterson to the post. An ombudsman’s act was passed in parliament two years ago, to set an operat ing framework to this position, once referred to by Walter Lini as “Mr Soon”.

Throughout the establishment process of the new offices in Port Vila, what was seen as a first in Melanesian cooperation saw the Papua New Guinea government help Vanuatu by sending top officials of its ombudsman’s office.

But until the enactment of a much awaited leadership code and the institution of leadership tribunals, Patterson’s powers went only as far as investigating and pub lishing reports.

The reports, which have been numerous for the last two years, however struck where it hurt most- they unveiled scandals involving Vanuatu leaders in alleged cases of corruption, misuse of funds and power.

Among the most damning one was the so-called “letters of guarantee” scam which purported to raise some $U5250,000 after 10 “letters of guarantee” . The mem ber of parliament who moved for the house to vote the repeal, William Edgell (from Barak Sope’s Melanesian Progressive Party) defended his move in parliament.

“She attacks only leaders of the execu tive, not business leaders or members of the public. So we have to protect our inter ests”, Edgell told the house.

But Leye openly defended Patterson’s appointment. Two weeks after parliament repealed the act, he had not signed the bill’s promulgation and brought the matter to Supreme Court.

“What are we afraid of ? Why do we want to remove her ? What’s wrong with her?” asked Leye, adding he chose Patterson because she was the most quali fied for the job.

“She will still be able to work, this is guaranteed by the Constitution,” Finance Minister Vincent Boulekone assured the house. Patterson said Edgell’s bill was

“talking nonsense” and “in total contradic tion” not only with the economic, social and political reforms the Vanuatu govern ment had embarked upon since early this year, but also with the government’s decla rations of the last two years.

“It is a very sad day for Vanuatu”, she said. “It’s not a sad day, this is a day of vic tory and progress for Vanuatu,” Carlot said in parliament. Edgell’s private bill came just before Patterson released more embar rassing reports on the government and some politicians.

Some of them contained results of her investigation in the alleged illegal sale of Vanuatu passports to Asians from Hong Kong, Macao, Taiwan and South Korea.

Another report touched on politicians’ malpractises to obtain housing loans through the Vanuatu National Provident Fund. The matter generated heated debates in parliament.

Among those often cited in Patterson’s report on malpractice, former finance min ister Willie Jimmy says “she has too many powers.

“She defames leaders who are demo cratically elected, she creates instability in the investment climate in Vanuatu and she causes us financial loss”.

Trade Minister Barak Sope was once sacked by Vohor (in September last year) for his involvement in the letters scam. He has since returned to office and told parlia ment Patterson could not criticise leaders in Vanuatu, because Melanesian culture did not allow women to criticise men.

Vohor said the ombudsman’s act should be repealed to be replaced with a “more appropriate” version. Even Lini, who is currently in charge of a reform program fostering better governance and trans parency, spoke in favour of the repeal.

“I don’t know the true purpose of the Ombudsman. She’s here to judge other leaders. Why do we need to publish (all these reports)? If we need to hide (things), then we hide.”

There’s no secrecy, no security, no integrity in this nation. We must restore stability”, he said. Carlot, was indirectly toppled by Patterson’s “letters” report.

“She judges us, and in her eyes we’re already criminals,” he said, supporting the principle of secrecy. “I think she’s popular because of her reports, but I believe people don’t believe the wrong recommendations they contain.” Out of the 50 members of the house, only 13 in Donald Kalpokas’s

opposition disapproved of the repeal.

“This repeal is not so much with the pre sent act, it’s got a lot to do with personal reasons,” Kalpokas told the house.

“Responsibility goes with democracy,

always. Adolf Hitler was a very popular leader, but he was not good.

Constitution puts limits to what we can do,” opposition member of parliament Sela Molisa added.

He suggested all MPs currently under an ombudsman investigation should

abstain from taking part to vote.

Another MP, Daniel Bangtor, warned

the repeal would certainly raise questions

with the foreign aid donors to Vanuatu, some of whom have funded the ombuds man’s office.

“They have the right to worry and question us on the true intentions of this bill. This comes as a private member’s bill and surprisingly, the government stands up and comes up with all kinds of justifica tions.” ■