Vanuatu · Constitution
Constitution of the Republic of Vanuatu
In force from independence on 30 July 1980. Chapter 2 sets out fundamental rights and duties, enforceable in the Supreme Court under Article 6. Chapter 12 is the reason property law here differs from every common-law neighbour: Article 73 vests all land in the indigenous custom owners and their descendants, Article 74 makes custom the basis of ownership and use, and Article 75 restricts perpetual ownership to indigenous citizens. Article 30 establishes the Malvatumauri National Council of Chiefs to advise on custom and language. Amendments need two-thirds of Parliament, and provisions on language, land or the republic also need a referendum.
The constitutional text
In force from independence on 30 July 1980. Chapter 2 sets out fundamental rights and duties, enforceable in the Supreme Court under Article 6. Chapter 12 is the reason property law here differs from every common-law neighbour: Article 73 vests all land in the indigenous custom owners and their descendants, Article 74 makes custom the basis of ownership and use, and Article 75 restricts perpetual ownership to indigenous citizens. Article 30 establishes the Malvatumauri National Council of Chiefs to advise on custom and language. Amendments need two-thirds of Parliament, and provisions on language, land or the republic also need a referendum.
Separation of powers
Unitary with decentralised administration. Six provinces — Malampa, Penama, Sanma, Shefa, Tafea and Torba — have councils under the Decentralisation Act with delegated functions. Custom land management is decentralised much further, to area-level Custom Land Tribunals and nakamal-based decision-making under the Custom Land Management Act 2013.
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