Vanuatu

Overview

Vanuatu is made up of more than 80 islands 65 of which are inhabited. Vanuatu gained its independence in 1980. Formerly, as the New Hebrides, it was governed by both British and French administrations in a Condominium arrangement that ended on 30 July 1980 when, following a struggle for independence, Father Walter Lini became the nation's first Prime Minister. The second decade of independence was notable for its political instability which resulted in several different coalitions governing Vanuatu.

The capital of Vanuatu is Port Vila.

Government

Vanuatu is a parliamentary republic with a unicameral Parliament of 52 seats. Members are elected by popular vote to serve four-year terms. The office of the Head of State is held by President Kalkot Mataskelekele. The Head of the Government is Prime Minister Ham Lini. Key Ministers in the Lini Government are Deputy Prime Minister and Minister for Infrastructure and Public Utilities, Edward Natapei, Minister for Foreign Affairs, Georges Wells, and Minister for Finance and Economic Management, Willie Jimmy.

On 11 December 2004, Ham Lini was elected as the new Prime Minister for Vanuatu following a no-confidence motion against former Prime Minister Serge Vohor.

Demography

The population of Vanuatu is approximately 212,000. The median age is 21 years. Of those over the age of fifteen, 74 per cent are literate. There are more than 100 local languages.

Economy

GDP per capita is US $2,900. The economy is based primarily on small-scale agriculture, which provides a living for 65 per cent of the population. Fishing, offshore financial services, and tourism, are other mainstays of the economy. Australia and New Zealand are the main suppliers of tourists and foreign aid.

Legal System

Court structure and the legal system

The hierarchy of the courts follows the standard model of inferior court, superior court, and appeal court. Separate courts administer customary law and deal with customary land and minor local disputes. Appeal from these courts leads back to the standard structure.

The Court of Appeal is constituted from time to time as the need arises. Among other matters the Supreme Court has jurisdiction to hear appeals from the Islands courts as to ownership of land. Its decision is such case is final. The constitution of the court is one judge sitting with two assessors although the judge may dispense with the assessors in any civil case where their present is unsuitable. This power is often used where the case does not involve custom.  Magistrates’ courts are presided over by a lay magistrate or Senior Magistrate. Each Island court must have a supervising magistrate. The Island courts do not function regularly due to resource constraints.

Judiciary

The Court of Appeal is constituted of two or more judges of the Supreme Court. The Supreme Court consists of the Chief Justice and three puisne judges. Each Island court is constituted by at least three justices knowledgeable in customary law (and one must be a custom chief residing within the jurisdiction of the island court).

Custom and the influence on the legal system

The Constitution of Vanuatu makes provision for the continued effect of customary law as part of the law of Vanuatu. The Constitution of Vanuatu Act 1980, Article 47(1) also states:

If there is no rule of law applicable to a matter before it, a court shall determine a matter according to substantial justice and wherever possible in conformity with custom.