The Office of the President of the Republic has formally requested the Supreme Court of Vanuatu to provide its opinion on a recent amendment made to the country’s Constitution.

Earlier this year, Parliament passed five constitutional amendments during a special sitting — one of which seeks to introduce an exception under Article 5(1)(k) of the Constitution to cover areas designated as Economic Development Zones (EDZs).

However, the President has not yet signed off on this particular amendment. Instead, his office has submitted an application to the Supreme Court seeking legal clarity on the matter.

The proposed amendment touches on Chapter 2 of the Constitution, which outlines the fundamental rights and duties of citizens, including the principle of equal treatment under the law or in administrative decisions. The amendment would create an exception to this principle in areas declared as EDZs by the government.

When the amendment was introduced in Parliament, it sparked public debate and concern. Critics argued that embedding such an exception in the Constitution could effectively extend the same privileges and rights to foreign investors operating within EDZs as those guaranteed to citizens under the Constitution.

Many believe such a provision would be more appropriate as part of ordinary legislation, rather than being enshrined in the nation’s supreme law.

Information received by VBTC News from the Office of the President indicates that the Court will need at least 20 days before it can issue its advisory opinion in response to the President’s formal request.