Who drafts the referendum question?

Referendum Act 2006 www.paclii.org/vu/legis/consol_act/ra120.doc

Section 2. Writ for a national referendum

Whenever in accordance with Article 86 of the Constitution a national referendum is required, the President acting on the advice of the Council of Ministers is to issue a writ for a national referendum. 3. Form of the writ (1) A writ for a national referendum is to be in the form set out in Schedule 1.[..]

SCHEDULE 1 Republic of Vanuatu

Writ for a national referendum

To the Chairman of the Electoral Commission. I command you to cause to be held a national referendum to determine whether or not there is support for the following amendment or amendments to the Constitution: [Set out the text of the proposed amendment; If more than one amendment set out the text of each proposed amendment] on the following day: Dated this day of President of the Republic of Vanuatu

Section 5. Ballot paper A ballot paper must be in the green colour to represent “Yes” and the red colour to represent “No” so that each elector may indicate whether or not he or she supports: (a) the proposed amendment to the Constitution; or (b) each proposed amendment to the Constitution if there is more than one proposed amendment to the Constitution.

It follows that in effect the Council of Ministers stipulates, via the writ, the form of the question, which is printed on the ballots (albeit that voters only need to not be colour blind to vote). However in a deeper sense since the writ only formally requires the ‘text of the proposed amendment’, in that sense the Legislature sets it.