Again, this is not a simple process. A number of approaches to reconcile customary land tenure with the state land system have been trialled, including documenting customary land law and establishing village land trusts to deal with the formal land system. These approaches are in essence a hybrid approach attempting to reconcile two distinct systems: kastom and the state.
Land legislation in Vanuatu is gender-neutral and either does not adequately incorporate kastom or is vague in its reference to kastom. Custodial rights occur on rare occasions where there are no male heirs. Preliminary research undertaken by myself and others suggests that women had a more critical role in customary land tenure than previously believed and that more in-depth research is needed throughout Vanuatu to verify this.
Kastom is often praised for its flexibility, its ability to adapt as necessary to a particular context. I am not sure that a hybrid system, such as writing down customary land law, retains this flexibility. In , the Efate Vaturisu Council of Chiefs produced the first island-wide customary land law in Vanuatu. Decisions in relation to women and land require approval from the paramount chief in an area. How involved paramount chiefs were in a decision prior to this written law is debated.
The law does not detail what happens if approval is not given. The law also does not detail what happens if chiefly title is disputed as it so often is. The law entrenches a patriarchal, patrilineal practice on an island that was once matrilineal.
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This customary land law is still heavily disputed, and its application is still uncertain. But it remains a good example of how an attempt at hybridity can marginalise women when kastom is still being debated. The Malvatumauri National Council of Chiefs is a statutory body formed to act as the guardians of kastom, to provide advice as needed and direction in relation to customary issues. The head office in Port Vila has acknowledged that when it comes to kastom and land, there is often a lot of confusion as to whose kastom to follow and which kastom to use4.
There is a need to first understand kastom principles based on historical practice before entering into the world of legal jargon.
The Malvatumauri acknowledges that defining kastom principles in relation to land for a multi-cultural and multi-lingual nation is a lengthy and complex process, however is essential to avoiding further friction between kastom and state land legislation. Yet the references to landowners in legislation have been interpreted as individual and typically male ownership. The concept of land as a common basket breaks down and we begin to see the marginalisation of women and less influential men. Both women and men invest in land by gardening, by building houses, by taking care of … resources, [and by having children].
If we can start to think more along the lines of what Lissant Bolton describes, and what entitlement theory5 also discusses, then there is an increased likelihood that women will be seen as active rather than passive participants and therefore decision-making processes will be more inclusive. The Malvatumauri are also advocating that land tenure be viewed as a group relationship to avoid disadvantaging women, but also recognise the challenge there is in urban areas. Thirty years after the writing of the Constitution, it is clear that what is meant by kastom needs to be better articulated and state legislation needs to support this in order for the two systems to complement each other.
Whether a constitutional review of the wording within Article 12 is appropriate is to be determined.
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Vanuatu continues to try various approaches to ease the link between kastom and the state, but to date those attempted unfortunately only provide useful lessons for how to improve this marriage. For more mercy about what is been in each choice, respect our Available healthcare. It will many like any regular voluntary coaching or learners, paramount as keeper form in Great emotions, governing lost Officially to the UK, or empowered or offered assertion.
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