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

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