Vanuatu is an island country located in the Pacific Ocean. The population of this country is approx 3,35,000 with 12,189 square kilometers area. Ethnically over 98% are Ni-Vanuatu. Official languages are Bislama, English, and French. Religiously 93% are Christian.
The Constitution of Vanuatu is quite concise. It clearly states the responsibilities of citizens. It also specifies the code of conduct for leading constitutional officeholders and state officials.
These are positive aspects. Now let's discuss the negative aspects.
According to Articles 29 to 32 of the Vanuatu Constitution, custom chiefs are not elected through modern democratic elections; rather, their nomination system is based on local traditions. Vanuatu is already a small country, and yet there is no functioning democracy there. This dual system of governance is a major setback to the development of democracy. Article 52 also provides constitutional recognition and structure for the parallel judiciary at the local level. The land ownership system is also complex, resembling a kind of aristocracy.
Admirable Articles of Vanuatu's Constitution
7. FUNDAMENTAL DUTIES (Part of it)
Every person has the following fundamental duties to himself and his descendants and to others-
● to respect and to act in the spirit of the Constitution;
● to recognise that he can fully develop his abilities and advance his true interests only by active participation in the development of the national community;
● to exercise the rights guaranteed or conferred by the Constitution and to use the opportunities made available to him under it to participate fully in the government of the Republic of Vanuatu;
● to protect the Republic of Vanuatu and to safeguard the national wealth, resources and environment in the interests of the present generation and of future generations;
● to work according to his talents in socially useful employment and, if necessary, to create for himself legitimate opportunities for such employment;
● to respect the rights and freedoms of others and to cooperate fully with others in the interests of interdependence and solidarity;
● to contribute, as required by law, according to his means, to the revenues required for the advancement of the Republic of Vanuatu and the attainment of national objectives;
66. CONDUCT OF LEADERS
1. Any person defined as a leader in Article 67 has a duty to conduct himself in such a way, both in his public and private life, so as not to-
a. place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised;
b. demean his office or position;
c. allow his integrity to be called into question; or
d. endanger or diminish respect for and confidence in the integrity of the Government of the Republic of Vanuatu.
2. In particular, a leader shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by subarticle (1)
67. DEFINITION OF A LEADER
For the purposes of this Chapter, a leader means the President of the Republic, the Prime Minister and other Ministers, members of Parliament, and such public servants, officers of Government agencies and other officers as may be prescribed by law.
Facts of Vanuatu's Constitution
17A. VACATION OF SEAT WHERE MEMBER RESIGNS OR CEASES TO SUPPORT POLITICAL PARTY (Part of it)
● This article applies to a member of Parliament if the member, having been a candidate of a political party and elected to Parliament resigns from, or ceases to support, the political party.
29. MALVATUMAURI COUNCIL OF CHIEFS
1. The Malvatumauri Council of Chiefs shall be composed of custom chiefs elected by their peers sitting in District Councils of Chiefs.
2. The Council shall make its own rules of procedure.
3. The Council shall hold at least one meeting a year. Further meetings may be held at the request of the Council, Parliament, or the Government.
4. During the first sitting following its election the Council shall elect its President.
30. FUNCTIONS OF COUNCIL
1. The Malvatumauri Council of Chiefs has a general competence to discuss all matters relating to land, custom and tradition and may make recommendations for the preservation and promotion of ni-Vanuatu culture and languages.
2. The Council must be consulted on any question, particularly any question relating to land, tradition and custom, in connection with any bill before Parliament.
31. ORGANISATION OF COUNCIL AND ROLE OF CHIEFS
Parliament shall by law provide for the organisation of the Malvatumauri Council of Chiefs and in particular for the role of chiefs at the village, island and district level.
32. PRIVILEGES OF MEMBERS OF COUNCIL
1. No member of the Malvatumauri Council of Chiefs may be arrested, detained, prosecuted or proceeded against in respect of opinions given or votes cast by him in the Council in the exercise of his office.
2. No member may, during a session of the Council or of one of its committees, be arrested or prosecuted for any offence, except with the authorisation of the Council in exceptional circumstances.
52. VILLAGE AND ISLAND COURTS
Parliament shall provide for the establishment of village or island courts with jurisdiction over customary and other matters and shall provide for the role of chiefs in such courts.
73. LAND BELONGS TO CUSTOM OWNERS
All land in the Republic of Vanuatu belongs to the indigenous custom owners and their descendants.
74. BASIS OF OWNERSHIP AND USE
The rules of custom shall form the basis of ownership and use of land in the Republic of Vanuatu.
75. PERPETUAL OWNERSHIP
Only indigenous citizens of the Republic of Vanuatu who have acquired their land in accordance with a recognised system of land tenure shall have perpetual ownership of their land.
76. NATIONAL LAND LAW
Parliament, after consultation with the Malvatumauri Council of Chiefs, shall provide for the implementation of Articles 73, 74 and 75 in a national land law and may make different provision for different categories of land, one of which shall be urban land.
77. COMPENSATION
Parliament shall prescribe such criteria for the assessment of compensation and the manner of its payment as it deems appropriate to persons whose interests are adversely affected by legislation under this Chapter.
78. CUSTOMARY INSTITUTIONS TO RESOLVE LAND OWNERSHIP AND DISPUTES
1. Parliament by enactment shall formalise the recognition of appropriate customary institutions or procedures to resolve land ownership or any disputes over custom land.
2. Parliament may recognise an institution as a customary institution by enactment for the purposes of subarticle (1).
3. Despite the provisions of Chapter 8 of the Constitution, the final substantive decisions reached by customary institutions or procedures in accordance with Article 74, after being recorded in writing, are binding in law and are not subject to appeal or any other form of review by any Court of law.
4. Subarticle (3) does not apply to any matter being referred to a Court before the commencement of this amendment.
5. Where consequent to the provisions of this Chapter there is a dispute concerning the custom ownership of land the government may hold such land and manage it in the interests of disputing parties until the dispute is resolved.
79. LAND TRANSACTIONS
1. Notwithstanding Articles 73, 74 and 75 land transactions between an indigenous citizen and either a non-indigenous citizen or a non-citizen shall only be permitted with the consent of the Government.
2. The consent required under subarticle (1) shall be given unless the transaction is prejudicial to the interests of-
a. the custom owner or owners of the land;
b. the indigenous citizen where he is not the custom owner;
c. the community in whose locality the land is situated; or
d. the Republic of Vanuatu.
80. GOVERNMENT MAY OWN LAND
Notwithstanding Articles 73 and 74 the Government may own land acquired by it in the public interest.
81. REDISTRIBUTION OF LAND
● Notwithstanding Articles 73 and 74 the Government may buy land from custom owners for the purpose of transferring ownership of it to indigenous citizens or indigenous communities from over-populated islands.
● When redistributing land in accordance with subarticle (1), the Government shall give priority to ethnic, linguistic, customary and geographical ties.
