Codifying Customary Law on Ambrym Island, Vanuatu Lee-Anne Sackett School of Law University of the South Pacific
Fan Council of Chiefs
Malmemeli Council of Chiefs
World Justice Project Chiefs’ Legal Education Pilot Programme
Malvatumauri Roadmap Resolutions Resolution 6 Transcribe custom rules and laws
Drafting Customary Law Workshops
Why codify? Maintain respect for custom and way of life in changing times Improve consistency in decision-making Clarify jurisdiction of each custom area Improve respect for chiefs and customary law Clarify customary dispute resolution processes for outside organisations Create an inclusive governance system with respect for government and church organisations
Content of drafted ‘Customary Laws’ Chiefly Title Land Ownership and Usage Dispute Resolution Processes Custom Principles (statement of customs) Ceremonies Singaots (respect for relationships) IP rights Rankings Council Constitution
Challenges Special participation arrangements for women Overlap of police and chief roles Penalties Custom penalties only Specific penalties Crimes/laws vs norms/disturbing the peace Reconciliation ‘Judging’ disputes Language of drafting Jurisdiction of custom areas
Result All remain in draft form No further support provided
Recommend
More recommend
