The challenges in the formal law and
justice sector relate principally to lack of
resources. There is a limited number of
qualified judges and prosecutors, which
can lead to large backlogs of cases and
undue delays in resolving disputes. The
legal profession also is short of capacity.
The law and justice sector involves
14 agencies, and close and regular
coordination is important. There is scope
to improve this, for example through
the revitalisation of the Combined Law
Agency Group forum.
The state of Vanuatu’s prison system
has caused problems over the years.
The paucity of correctional facilities
in the provinces, the relatively high
number of escapees and the incidence of
reoffending, and the need for a greater
focus on rehabilitation and reabsorption
into the community, have impacted on
law and order and heightened community
security concerns. Reforms and a new
Correctional Act in 2006 addressed a
number of the issues, but further work is
needed. The Department of Correctional
Service (under the Ministry of Justice
and Community Services) is currently
undergoing a major review.
Systems of traditional governance
have been in place across the islands of
Vanuatu for centuries. There is a need
to continually strengthen and formalise
the links between traditional systems of
government and the state. The role of
chiefs, and the Malvatumauri (Council of
Chiefs) are central to this.
Our customary lands are the principal
source of our national wealth, and the
most obvious manifestation of our
cultural heritage. Under the Constitution,
Nakamal (meeting place) in Port
Vila of the Malvatumauri, the
formal advisory body of chiefs,
recognised by the Constitution.
Members are elected by fellow
chiefs sitting in District Councils of
Chiefs. Among its many roles, the
Malvatumauri has been crucial in
mediating land disputes and on a
number of occasions putting an
end to social unrest.
the “rules of custom shall form the basis
of ownership and use of land”. Land
use is governed by custom tenure and
traditional land allocation systems, and
formal land use planning. The demand
for land and often competing land uses
is rising.
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents