Bridging Mental Boundaries in a Postcolonial Microcosm: Identity and Development in Vanuatu

Appendix B: Excerpts from the Constitution of the Republic of Vanuatu

Appendix B: Excerpts from the Constitution of the Republic of Vanuatu PREAMBLE WE the people of the New Hebrides, PROUD of our struggle for freedom, DETERMINED to safeguard the achievement of this struggle, CHERISHING our ethnic, linguistic and cultural diversity, MINDFUL at the same time of our common destiny HEREBY proclaim the establishment of the united and free Republic of the New Hebrides founded on traditional Melanesian values, faith in God, and Christian principles, AND for this purpose give ourselves this Constitution. CHAPTER 1 the state and sovereignty 1. The Republic of the New Hebrides is a sovereign democratic state. 2. The Constitution is the supreme law of the New Hebrides. 3. (1) The national language of the Republic is Bislama. The official languages are Bislama, English, and French. The principal languages of education are English and French. (2) The Republic shall protect the different local languages which are part of the national heritage, and may declare one of them as a national language. 4. (1) National sovereignty belongs to the New Hebridean people which they exercise through their elected representatives. (2) The franchise is universal, equal and secret. Subject to such conditions or restrictions as may be prescribed by Parliament, every citizen of the New Hebrides who is at least 18 years of age shall be entitled to vote. (3) Political parties may be formed freely and may contest elections. They shall respect the Constitution and the principles of democracy. 201 CHAPTER 2 fundamental rights and duties Part 1: Fundamental Rights 5. (1) The Republic of the New Hebrides recognizes, that, subject to any restrictions imposed by law on non-citizens, all persons are entitled to the following fundamental rights and freedoms of the individual without discrimination on the grounds of race, place of origin, religious or traditional beliefs, political opinions, language or sex but subject to respect for the rights and freedoms of others and to the legitimate public interest in defense, safety, public order, welfare and health: (a) life; (b) liberty; (c) security of the person; (d) protection of the law; (e) freedom from inhuman treatment and forced labour; (f) freedom of conscience and worship; (g) freedom of expression; (h) freedom of assembly and association; (i) freedom of movement; (j) protection for the privacy of the home and other property and from unjust deprivation of property; . . . Part 2: Fundamental Duties 7. Every person has the following fundamental duties to himself and his descendants and to others: (a) to respect and to act in the spirit of the Constitution; (b) to recognize that he can fully develop his abilities and advance his true interests only by active participation in the development of the national community; (c) to exercise the rights guaranteed or conferred by the Constitution and to use the opportunities made available to him under it to participate fully in the government of the Republic; (d) to protect the New Hebrides and to safeguard to the national wealth, resources and environment in the interests of the present generation and of future generations; (e) to work according to his talents in socially useful employment and, if necessary, to create for himself legitimate opportunities for such employment; (f) to respect the rights and freedoms of others and to cooperate fully with others in the interests of interdependence and solidarity; (g) to contribute, as required by law, according to his means, to the 202 Appendix B revenues required for the advancement of the Republic and the attainment of national objectives; (h) in the case of a parent, to support, assist and educate all his children , legitimate and illegitimate, and in particular to give them a true understanding of their fundamental rights and duties and of the national objectives and of the culture and customs of the people of the New Hebrides; (i) in the case of a child, to respect his parents. . . . CHAPTER 3 citizenship 9. On the day of Independence the following persons shall automatically become citizens of the New Hebrides: (a) a person who has or had 4 grandparents who belong to a tribe or community indigenous to the New Hebrides and (b) a person of New Hebridean ancestry who has no citizenship, nationality or the status of an optant. . . . CHAPTER 12 land 71. All land in the Republic belongs to the indigenous custom owners and their descendants. 72. The rules of custom shall form the basis of ownership and use of land in the Republic...