The Ombudsman of the Republic of Vanuatu participated in an hour’s session with members of the Malvatumauri’s Secretariat Stakeholders meeting on the 28th of January 2021.
Ombudsman Bulu presented on its role, basically the investigation functions on the conduct of all persons classified as Leaders according to Article 67 of the Constitution and section 5 of the Leadership Code Act and also its two other functions.
The Ombudsman touched on what the Leadership Code Act is and the how it affects the role of a Chief, specifically one that holds the position of a member of the Malvatumauri Council of Chiefs.
Ombudsman Bulu explained to members of the secretariat on the importance of the enforcement and development of Customary Law drawing a close attention to Articles 95,52 and 30 of the Constitution of the Republic of Vanuatu.
Article 95(3) of the Constitution states “Customary Law shall continue to have effect as part of the Law” of the Republic of Vanuatu. Article 52 of the Constitution states “Parliament shall provide for the establishment of village or island courts with jurisdiction over customary and other matters and shall provide for the role of chiefs in such courts”. Article 30 of the Constitution describes the functions of the National Council of Chiefs one is to discuss all matters relating to custom and tradition and make recommendations for the preservation and promotion of ni Vanuatu culture and languages. Second is the Council may be consulted on any question, particularly any question relating to tradition and custom, in connection with any bill before Parliament.
Ombudsman Bulu explained that he desires to see the National Council of Chiefs taking lead in ensuring village courts are established according to law and that Chiefs are empowered and can contribute with their views on how infrastructural developments can impact their culture and customs within their respective boundaries of custom Governance.