A significant milestone was achieved on Tuesday 08th September with the official launch of the Pardon Administration Review Report at the conference room of the Vanuatu Law Reform Commission (VLRC) in Port Vila.
The report was formally launched by the Minister responsible for Youth, Justice and Community Services, Honourable Job Sam Andy, in the presence of government officials, Australian High Commission, the justice sector representatives and invited guests.
In his launching remarks, Minister Job Sam Andy praised the work undertaken by the Commission and the many stakeholders who contributed to the review process.
“As Minister responsible for Youth Justice and Community Services, it is my honour and privilege to launch the Pardon Administration Review Report today. I would like to acknowledge the assistance by our stakeholders in this review. I also acknowledge the initiative taken by the VLRC to have in place a regulatory framework to help us have a standalone legislation to address pardoning. I also take note that there have been consultations throughout Vanuatu and i would like to thank everyone involved in this process”, Minister said.
The launch ceremony also provided an opportunity for the Secretary of the Vanuatu Law Reform Commission, Mr Lawson Jack Samuel and the Principal Research Officer, Ms Gracelyn Tasso to reflect on the importance and overview of the review and the long process that led to its completion.
“Pardoning or the prerogative of Mercy is not new and unique to Vanuatu. It is a power of any king, any governor General or any president around the globe. Unfortunately, we do not have any processes or procedures to administer this power. That is the reason why the Vanuatu Law Reform Commission took the initiative in 2020 to assist the President in the exercise of his prerogative powers under Article 38 of the Constitution,” Secretary Lawson said.
Presenting the overview of the report, Ms Tasso said, “In 2020, the Vanuatu Law Reform Commission took the initiative to begin this review. In 2023, we completed a draft report and sought feedback from the State House. Since then, we have continued to engage through further consultations, through the discussion of a Presidential Administration Bill, and, most recently, through the events of this year, including the pardon issued on 23 July 2026. Each of these moments has underscored the same lesson: the time for a proper legal framework is now”.
Ms Tasso also added that two messages came through clearly and consistently, in every province that was visited by VLRC.
“First: the people of Vanuatu want the President's power to pardon to remain. There is no appetite to strip this authority away. It is respected as a legitimate and important constitutional power. Second: that power must be exercised within a transparent, principled framework. People want clear procedures. They want to understand the criteria. They want to trust that decisions are made consistently and fairly, not arbitrarily” Ms. Tasso added.
The report outlines the findings and recommendations arising from the Pardoning Administration Review, which examines several key thematic areas, including the nature of the power to pardon, the establishment of an advisory committee, the grounds for granting pardons, the petition process, the effects of a pardon, and the revocation of pardons.
“This review does not seek to remove or diminish the President's constitutional power of mercy. It seeks to strengthen it, by giving it the structure, the transparency, and the accountability that a power of this magnitude deserves”, Ms Tasso concludes.
Meanwhile, a working Committee has already been appointed to take this matter forward to help facilitate the process to have a Bill ready for Parliament session.
VLRC wishes to convey its sincere gratitude to its stakeholders especially the Vanuatu Australia Policing and Justice Program (VAPJP) and the Pacific Community (SPC) for the technical and funding support to undertake the consultations of the review throughout Vanuatu in 2020.
“Without your support, this review would not come to reality”, Secretary Lawson said.
