Convention on the Elimination of All Forms of Discrimination Against Women
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Ninth Legislature of Parliament
PARLIAMENT OF THE REPUBLIC OF VANUATU NINTH LEGISLATURE OF PARLIAMENT FOURTH EXTRA ORDINARY SESSION OF 2009 MONDAY 23 NOVEMBER 2009 SPEAKER : The Hon. Maxime CARLOT Korman, Member for Port Vila PRESENT : 36 Members ABSENT : Hon. Philip BOEDORO, Member for Maewo Hon. James BULE, Member for Ambae Hon. Moana CARCASSES, Member for Port Vila Hon. Louis ETAP, Member for Tanna Hon. Iauko H. IARIS, Member for Tanna Hon. Joshua KALSAKAU, Member for Efate Hon. Sato KILMAN, Member for Malekula Hon. Solomon LORIN, Member for Santo Hon. Dominique MORIN, Member for Luganville Hon. Edward NATAPEI, Member for Port Vila Hon. Thomas I. SAWON, Member for Banks/Torres Hon. Ioane S. OMAWA, Member for Epi Hon. George A. WELLS, Member for Luganville LATE : Hon. Jean Ravou KOLOMULE, Member for Santo Hon. Paul TELUKLUK, Member for Malekula 1. The sitting commenced at 8.50a.m. 2. The Hon. Speaker CARLOT Korman stated that according to Article 21(4) of the Constitution that two thirds of the Members should be present at the first sitting in any session of Parliament and as there was a quorum consisting of 36 Members, it rendered the sitting to be legally and constitutionally constituted to proceed with the Fourth Extra Ordinary session of 2009. 1 3. The Hon. Ps Ton KEN, Member for Malekula said the prayer. 4. The Hon. Speaker read the agenda. 5. The Hon. Ham LINI, Leader of Opposition and Member for Pentecost raised a point of order then asked if the sitting could be adjourned until 8.30a.m the next day to allow sufficient time for Members who have just arrived from the islands (constituencies) to read their Bills. -
Report of the Fourth Ministers' Meeting
FAO Sub-Regional Office for the Pacific Islands ______________________________________________________ Report of the Fourth ______________________________________________________________________________________ MEETING OF SOUTH WEST PACIFIC MINISTERS FOR AGRICULTURE Port Vila, Vanuatu, 23-24 July 2001 FAO Sub-Regional Office for the Pacific Islands ______________________________________________________ Heads of Delegations and the Director-General of FAO at the Fourth Meeting of the South West Pacific Ministers for Agriculture Back row (left to right): Hon. Tuisugaletaua S Aveau (Samoa), Mr. Samisoni Ulitu (Fiji), Hon. Matt Robson (New Zealand), HE Perry Head (Australia), Hon. Willie Posen (Vanuatu), Hon. John Silk (Marshall Islands), Hon. Moon Pin Kwan (Solomon Islands), Hon. Emile Schutz (Kiribati) Front row (left to right): Hon. Young Vivian (Niue Deputy Prime Minister), Rt. Hon. Edward Natapei (Vanuatu Prime Minister), Hon. Donald Kalpokas (Vanuatu Acting President), Jacques Diouf (Director- General of FAO), HRH Prince „Ulukalala Lavaka Ata (Tonga Prime Minister) FAO Sub-Regional Office for the Pacific Islands ______________________________________________________ Report of the Fourth MEETING OF SOUTH WEST PACIFIC MINISTERS FOR AGRICULTURE Port Vila, Vanuatu, 23-24 July 2001 FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS SUB-REGIONAL OFFICE FOR THE PACIFIC ISLANDS Apia, Samoa, 2001 TABLE OF CONTENTS 1. OFFICIAL OPENING 2. ADOPTION OF THE AGENDA 3. WORLD FOOD SUMMIT: FIVE YEARS LATER 4. FAO ACTIVITIES IN THE PACIFIC 5. FOOD SECURITY IN THE SOUTH PACIFIC: i AGRICULTURE AND FOOD SECURITY POLICY IN THE PACIFIC: FIVE YEARS AFTER THE WORLD FOOD SUMMIT ii RESPONSIBLE FISHERIES AND FOOD SECURITY iii FOOD AND NUTRITION CHALLENGES iv PLANT PROTECTION AND BIOSECURITY IN FOOD SECURITY v SMALL-FARMERS‟ CONTRIBUTION TO NATIONAL FOOD SECURITY vi ENHANCING FOOD SECURITY THROUGH FORESTRY 6. -
Converging Currents Custom and Human Rights in the Pacific
September 2006, Wellington, New Zealand | STUDY PAPER 17 CoNvERgiNg CURRENTS Custom and human rights in the paCifiC The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Right Honourable Sir geoffrey Palmer – President Dr Warren Young – Deputy President Honourable Justice Eddie Durie Helen Aikman qC The Manager of the Law Commission is Brigid Corcoran The office of the Law Commission is at 89 The Terrace, Wellington Postal address: Po Box 2590, Wellington 6001, New Zealand Document Exchange Number: sp 23534 Telephone: (04) 473–3453, Facsimile: (04) 914–4760 Email: [email protected] internet: www.lawcom.govt.nz National Library of New Zealand Cataloguing-in-Publication Data New Zealand. Law Commission. Custom and human rights in the Pacific / Law Commission. (Study paper, 1174-9776 ; 17) iSBN 1-877316-08-3 1. Customary law—oceania. 2. Human rights—oceania. 3. Civil rights—oceania. i. Title. ii. Series: Study paper (New Zealand. Law Commission) 340.5295—dc 22 Study Paper/Law Commission, Wellington 2006 iSSN 1174-9776 iSBN 1-877316-08-3 This study paper may be cited as NZLC SP17 This study paper is also available on the internet at the Commission’s website: www.lawcom.govt.nz <http://www.lawcom.govt.nz> LawCommissionStudyPaper He Poroporoaki The New Zealand Law Commission acknowledges with deep regret the passing of two notable Pacific leaders shortly before the printing of this study, the Maori queen and the King of Tonga. -
Passage of Change
PASSAGE OF CHANGE PASSAGE OF CHANGE LAW, SOCIETY AND GOVERNANCE IN THE PACIFIC edited by Anita Jowitt and Dr Tess Newton Cain Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/passage_change _citation.html National Library of Australia Cataloguing-in-Publication Entry Title: Passage of change : law, society and governance in the Pacific / edited by Anita Jowitt and Tess Newton Cain. ISBN: 9781921666889 (pbk.) 9781921666896 (eBook) Notes: Includes bibliographical references. Subjects: Jurisprudence--Pacific Area. Customary law--Pacific Area. Pacific Area--Politics and government. Pacific Area--Social conditions. Other Authors/Contributors: Jowitt, Anita. Cain, Tess Newton. Dewey Number: 340.5295 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by Emily Brissenden Printed by Griffin Press This edition © 2010 ANU E Press First edition © 2003 Pandanus Books CONTENTS Acknowledgments vii Table of Abbreviations viii Table of Cases x Table of International Conventions xiii Table of Legislation xiv Notes on Contributors xvii INTRODUCTION Anita Jowitt and Tess Newton-Cain 1 SECTION 1: THE CONTEXT OF CHANGE 1. Modernisation and Development in the South Pacific Vijay Naidu 7 SECTION 2: CORRUPTION 2. Corruption Robert Hughes 35 3. Governance, Legitimacy and the Rule of Law in the South Pacific Graham Hassall 51 4. The Vanuatu Ombudsman Edward R. Hill 71 SECTION 3: CUSTOMARY LAW 5. -
A Question of Identity: Complexities of State Law Pluralism in the South Pacific
A QUESTION OF IDENTITY: COMPLEXITIES OF STATE LAW PLURALISM IN THE SOUTH PACIFIC Jennifer Corrin Introduction Throughout the world, many former colonies are struggling with an inheritance of legal pluralism that gives recognition to both customary law and formal, written law. (See Benton 2002.) The interaction of such laws, which are so different in nature, often raises complex questions. This complexity arises at several different levels; it is not merely a case of conflict between substantive laws from two different systems. In practice, the boundaries between formal and customary law are often blurred. Each has had to adapt to accommodate the other (Corrin 2009: 33-34) and in some cases, hybrids have emerged. There are also questions of jurisdiction; a demand for recognition of a discrete legal system requires definition of the community to which it applies. The basic definition of legal pluralism is ‘a situation in which two or more legal systems co-exist in the same social field’ (Merry 1988: 870; Griffiths 1986: 38) of law operating within the same country. (For a broader definition see, eg, Sack 1986: 1). But how does one determine which members of the social field are subject to each of the systems in operation? As with so many questions arising from legal pluralism, the answer to this is not straightforward. From a State law perspective, it may depend on a number of factors, for example, whether there is governing legislation defining the class of persons to which that particular law applies. The purpose of the law may also be relevant in determining the extent of its application. -
Report of the Parliamentary Delegation to Vanuatu and New Zealand by the Senate Foreign Affairs, Defence and Trade References Co
Chapter 2 Vanuatu Country brief1 2.1 Vanuatu is an archipelagic nation of 83 islands, extending over 1,000 kilometres in a north-south direction between the equator and the tropic of Capricorn. Vanuatu has a small, dispersed, predominantly rural and culturally diverse population of approximately 250,000 people. Around 70 per cent live in rural areas on 65 of the 83 islands. Formerly known as the New Hebrides, Vanuatu was governed jointly by British and French administrations, in an arrangement known as the Condominium, before attaining independence on 30 July 1980. The country has six provinces (Torba, Sanma, Penama, Malampa, Shefa and Tafea) with limited administrative authority. Political system 2.2 Vanuatu has a unicameral 52-member parliament, elected to a four-year term. The President of the Republic is elected for a five-year term through secret ballot by an electoral college comprising the members of parliament and the presidents of the six provincial governments. The current President, Iolu Johnson Abbil, was elected in September 2009. The Prime Minister is elected by parliament from among its members by secret ballot. 2.3 Vanuatu is the only Pacific country with multi-member electorates. The proliferation of political parties is seen, by some, as one reason for persistent political instability. Until about 1991 the main political divide in Vanuatu was between Anglophones and Francophones, respectively represented by the Vanua’aku Pati (VP) and United Moderates Party (UMP). During the last decade, parties have been splintering over policy and, more often, personality differences, in a manner more typical of other Melanesian countries like Papua New Guinea and Solomon Islands. -
Constitutional Promises of Indigenous Recognition: Canada, Vanuatu and the Challenges of Pluralism I. Introduction
CONSTITUTIONAL PROMISES OF INDIGENOUS RECOGNITION: CANADA, VANUATU AND THE CHALLENGES OF PLURALISM I. INTRODUCTION Multiculturalism and ‘de-colonialism’ have brought an ever-stronger awareness of the pluralism underlying modern legal realities. Most acutely, Indigenous peoples’ demands for recognition of culture and prior connection often come with a reassertion of customary laws 1 and customary entitlements. 2 Yet meaningful accommodation of these, within a dominant western legal system, is an enormous challenge. Often the difficulties seem to have been underestimated; across the years even countries and institutions well-disposed to customary laws have periodically fallen into the trap of treating them as akin to state laws (or foreign laws with local equivalents)3 and expecting them to behave in the same way.4 When they did not, or as oral traditions did not lend themselves to western proof,5 it was tempting to fall back on a denial of their character (as law) or their capacity to create tangible rights. 6 Accordingly, recognition of customary laws often remained aspirational, and past advocacy often lingered on questions about character, compatibility, veracity and certainty.7 Today, it is more widely accepted that customary laws are law8 and cognisable as such9 (albeit with deeper roots and different means of transmission and manifestation), and that the perceived disadvantage of ‘uncertainty’ is an invention of western perspective.10 Accordingly, discussions have diversified and deepened. There has been broad discussion in various jurisdictions on the importance of promoting the revitalisation of customary laws, on the need to move recognition 1 Used broadly here to mean Indigenous laws, traditions and custom (or ‘kastom’ as it is increasingly referred to in Vanuatu). -
View Profile
Vanuatu Santo) rising to over 1,800 metres. Fresh has the fastest-growing population, as people water is plentiful. migrate to the capital; growth 2.4 per cent p.a. 1990–2013; birth rate 27 per 1,000 Climate: Oceanic tropical, with south-east people (43 in 1970); life expectancy 72 years trade winds running May–October. The (53 in 1970). period November–April is humid, with moderate rainfall. Cyclones may occur Most of the population is Melanesian, known November–April. as ni-Vanuatu (98.5 per cent in the 1999 census), the rest of mixed Micronesian, Environment: The most significant Polynesian and European descent. environmental issues are that a majority of the population does not have access to a safe Language: The national language is Bislama; and reliable supply of water (although it is English and French are widely spoken and improving), and deforestation. also official languages. There are more than 100 Melanesian languages and dialects. Vegetation: The rocky islands are thickly forested, with narrow coastal plains where Religion: Mainly Christians (Presbyterians 28 cultivation is possible. Forest covers 36 per per cent, Anglicans 15 per cent, Seventh Day cent of the land area and there was no Adventists 13 per cent and Roman Catholics significant loss of forest cover during 12 per cent; 2009 census). 1990–2012. Health: Public spending on health was three Wildlife: Vanuatu is home to 11 species of per cent of GDP in 2012. The major hospitals bat, including white flying-fox. It is also the are in Port Vila and Luganville, with health centres and dispensaries throughout the easternmost habitation of dugongs, also country. -
Title and Declaration
DEVELOPING DECENT WORK CONDITIONS: A STUDY OF EMPLOYMENT LAW REFORM FROM VANUATU by Anita Jowitt A thesis submitted in fulfillment of the requirements for the degree of Doctor of Philosophy © 2015 by Anita Jowitt, School of Law The University of the South Pacific November 2015 DECLARATION ACKNOWLEDGEMENTS Thank you to my supervisor Miranda Forsyth. Thank you to people who took the time to comment on drafts, especially Howard Van Trease and Ted Hill. A number of people helped to make sure this was completed. Thank you to Robert Early, Howard Van Trease, John Lynch, Kenneth Chambers and Tess Newton Cain. This thesis was initially conceived following a conversation with the then Director of the Suva Office of the International Labour Organisation, Werner Blenk in 2009. It had been almost entirely written by January 2012, and was initially submitted in December 2012. Since the bulk of the work was completed I have had the privilege of using my academic work practically as a member of the Vanuatu Tripartite Labour Advisory Council. I have the greatest respect for all the people who have worked, and continue to work practically on employment law reforms in Vanuatu, including colleagues on the Vanuatu Tripartite Labour Advisory Council, International Labour Organisation advisors, members of the Vanuatu Chamber of Commerce and Industry and trade union representatives. Thank you for giving me the opportunity to take work done to meet academic requirements and use parts of it in practice, hopefully for the benefit of all. i ABSTRACT In November 2008 the Vanuatu parliament passed a Bill to amend the Employment Act [Cap 160] (the 2008 reform), which significantly increased benefits for employees. -
Vanuatu Extradition Act
The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of its use. This document was obtained in September 2007. Vanuatu Extradition Act Commencement: 3 February 2003 REPUBLIC OF VANUATU EXTRADITION ACT NO. 16 OF 2002 Arrangement of Sections PART 1—PRELIMINARY 1 Purpose 2 Interpretation 3 Extradition offence 4 Extradition objection PART 2—EXTRADITION FROM VANUATU—GENERAL PROVISIONS Division 1 - Preliminary matters 5 Purpose of Part 2 Division 2 – Arrest in relation to extradition offences 6 Issue of provisional arrest warrant 7 Arrest and remand on provisional arrest warrant 8 Release from remand 9 Authority to proceed 10 Arrest and remand on authority to proceed Division 3 – Extradition proceedings 11 Consent to surrender 12 Extradition proceedings 13 Conduct of extradition proceedings 14 Determination for surrender 15 Supporting documents 16 Review of magistrate’s decision 17 Surrender determination by Attorney General ADB/OECD Anti-Corruption Initiative for Asia Pacific September 2007 www.oecd.org/corruption/asiapacific/mla [email protected] Vanuatu Extradition Act 2 18 Surrender warrant 19 Temporary surrender warrant 20 Execution of surrender warrant PART 3—EXTRADITION FROM VANUATU TO COMMONWEALTH COUNTRIES 21 Purpose of Part 3 22 Application of Part 2 23 Application of different evidentiary requirements 24 The prima facie evidence scheme 25 The record of the case scheme PART 4—EXTRADITION -
Sources of Law Under the Constitution of Vanuatu 225
SOURCES OF LAW UNDER THE CONSTITUTION OF VANUATU 225 SOURCES OF LAW UNDER THE CONSTITUTION OF VANUATU J. C. Corrin* On 31st July 1980, Vanuatu became independent. For the preceding seventy-four years the country had been the subject of an Anglo-French Condominium, an arrangement which arose for commercial reasons. In the 1870's the French moved into what had formerly been a primarily British trading area. In 1878 a policy of'mutual exclusiveness' was agreed upon, followed in 1887 by a Convention establishing a joint naval commission to protect the lives and property of British and French subjects. However, this did not remedy the problems caused by a lack of satisfactory civil law to govern commercial transactions. In 1906, therefore, a further Convention between the two countries established the Condominium (still referred to by the Islanders as The Pandemonium'). This Convention was modified by the Anglo-French Protocol of 19141 under which, with some amendments,2 the Condominium was governed until independence. The Convention established 'a region of joint influence, in which the subjects and citizens of the two signatory powers shall enjoy equal rights of residence, personal protection, and trade'.3 Each power had sovereignty over its own subjects or citizens and other immigrants who opted for its legal system.4 New Hebridians did not come under the jurisdiction of either power, a factor which added greatly to the impracticability of the system. As an example of the complexities of such a system Article 10 of the Protocol has been set out in full:— ARTICLE 10 Composition of the Joint Court 1. -
Tonga and Vanuatu
The Parliament of the Commonwealth of Australia Tonga and Vanuatu Report of the Australian Parliamentary Delegation 22 July to 1 August 2009 © Commonwealth of Australia 2009 ISBN 978-0-642-79239-6 For further information about the Australian Parliament contact: Parliamentary Relations Office Parliament House Canberra ACT 2600 Telephone: (02) 6277 4360 Fax: (02) 6277 2000 Email: [email protected] Printed by the Department of the House of Representatives Contents Membership of the Delegation ............................................................................................................. v Acknowledgments ............................................................................................................................... vi 1 Delegation to Tonga and Vanuatu ....................................................................... 1 The delegation ........................................................................................................................... 1 Aims and objectives ................................................................................................................. 1 2 Tonga ...................................................................................................................... 3 Introduction ............................................................................................................................... 4 Economic and Trade issues..................................................................................................... 4 Tourism .....................................................................................................................................