| VANUATU Republic of Vanuatu Ripablik blong Vanuatu Joined United Nations: 15 September 1981 Human Rights as assured by their constitution Updated 19 November 2012 |
CHAPTER 2
FUNDAMENTAL RIGHTS AND DUTIES
PART I - Fundamental Rights
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
5. (1) The Republic of Vanuatu recognises, 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 defence, 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;
(k) equal treatment under the law or administrative action, except that no law shall be inconsistent with this sub-paragraph insofar as it
makes provision for the special benefit, welfare, protection or advancement of females, children and young persons, members of
under-privileged groups or inhabitants of less developed areas.
(2) Protection of the law shall include the following-
(a) everyone charged with an offence shall have a fair hearing, within a reasonable time, by an independent and impartial court and be
afforded a lawyer if it is a serious offence;
(b) everyone is presumed innocent until a court establishes his guilt according to law;
(c) everyone charged shall be informed promptly in a language he understands of the offence with which he is being charged;
(d) if an accused does not understand the language to be used in the proceedings he shall be provided with an interpreter throughout
the proceedings;
(e) a person shall not be tried in his absence without his consent unless he makes it impossible for the court to proceed in his presence;
(f) no-one shall be convicted in respect of an act or omission which did not constitute an offence known to written or custom law at
the time it was committed;
(g) no-one shall be punished with a greater penalty than that which exists at the time of the commission of the offence;
(h) no person who has been pardoned, or tried and convicted or acquitted, shall be tried again for the same offence or any other
offence of which he could have been convicted at his trial.
ENFORCEMENT OF FUNDAMENTAL RIGHTS
6. (1) Anyone who considers that any of the rights guaranteed to him by the Constitution has been, is being or is likely to be infringed
may, independently of any other possible legal remedy, apply to the Supreme Court to enforce that right.
(2) The Supreme Court may make such orders, issue such writs and give such directions, including the payment of compensation, as
it considers appropriate to enforce the right.
PART II-Fundamental Duties
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 recognise 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 of Vanuatu;
(d) to protect the Republic of Vanuatu and to safeguard 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 revenues required for the advancement of the Republic of Vanuatu
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
Vanuatu;
(i) in the case of a child, to respect his parents.
FUNDAMENTAL DUTIES NON-JUSTICIABLE BUT PUBLIC AUTHORITIES TO ENCOURAGE COMPLIANCE
8. Except as provided by law, the fundamental duties are non-justiciable. Nevertheless it is the duty of all public authorities to
encourage compliance with them so far as lies within their respective powers.
CHAPTER 3
CITIZENSHIP
AUTOMATIC CITIZENS
9. On the Day of Independence the following persons shall automatically become citizens of Vanuatu-
(a) a person who has or had four grandparents who belong to a tribe or community indigenous to Vanuatu; and
(b) a person of ni-Vanuatu ancestry who has no citizenship, nationality or the status of an optant.
ENTITLEMENT TO CITIZENSHIP
10. Every person who on the Day of Independence is a person of ni-Vanuatu ancestry and has the nationality or citizenship of a
foreign state or the status of an optant shall become a citizen of Vanuatu if he makes an application, or an application is made on his
behalf by his parent or lawful guardian, within 3 months of the Day of Independence or such longer period as Parliament may
prescribe. The Vanuatu citizenship of such a person shall automatically lapse if he has not renounced his other citizenship or nationality
within 3 months of the granting of Vanuatu citizenship or such longer period as Parliament may prescribe, except that in the case of a
person under the age of 18 years the period of renunciation shall be 3 months after he has reached the age of 18 years.
PERSONS BORN AFTER DAY OF INDEPENDENCE
11. Anyone born after the Day of Independence, whether in Vanuatu or abroad, shall become a citizen of Vanuatu if at least one of his
parents is a citizen of Vanuatu.
NATURALISATION
12. A national of a foreign state or a stateless person may apply to be naturalised as a citizen of Vanuatu if he has lived continuously in
Vanuatu for at least 10 years immediately before the date of the application.
Parliament may prescribe further conditions of the eligibility to apply for naturalisation and shall provide for the machinery to review
and decide on applications for naturalisation.
AVOIDANCE OF DUAL NATIONALITY
13. The Republic of Vanuatu does not recognise dual nationality. Any citizen of Vanuatu who is or becomes a citizen of another state
shall cease to be a citizen of Vanuatu unless he renounces that other citizenship within 3 months of acquiring Vanuatu citizenship or
that other citizenship, as the case may be, or such longer period as Parliament may prescribe, except that in the case of a person under
the age of 18 years the period of renunciation shall be 3 months after he has reached the age of 18 years.
FURTHER PROVISION FOR CITIZENSHIP
14. Parliament may make provision for the acquisition of citizenship of Vanuatu by persons not covered in the preceding Articles of
this Chapter and may make provision for the deprivation and renunciation of citizenship of Vanuatu.
FUNDAMENTAL RIGHTS AND DUTIES
PART I - Fundamental Rights
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
5. (1) The Republic of Vanuatu recognises, 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 defence, 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;
(k) equal treatment under the law or administrative action, except that no law shall be inconsistent with this sub-paragraph insofar as it
makes provision for the special benefit, welfare, protection or advancement of females, children and young persons, members of
under-privileged groups or inhabitants of less developed areas.
(2) Protection of the law shall include the following-
(a) everyone charged with an offence shall have a fair hearing, within a reasonable time, by an independent and impartial court and be
afforded a lawyer if it is a serious offence;
(b) everyone is presumed innocent until a court establishes his guilt according to law;
(c) everyone charged shall be informed promptly in a language he understands of the offence with which he is being charged;
(d) if an accused does not understand the language to be used in the proceedings he shall be provided with an interpreter throughout
the proceedings;
(e) a person shall not be tried in his absence without his consent unless he makes it impossible for the court to proceed in his presence;
(f) no-one shall be convicted in respect of an act or omission which did not constitute an offence known to written or custom law at
the time it was committed;
(g) no-one shall be punished with a greater penalty than that which exists at the time of the commission of the offence;
(h) no person who has been pardoned, or tried and convicted or acquitted, shall be tried again for the same offence or any other
offence of which he could have been convicted at his trial.
ENFORCEMENT OF FUNDAMENTAL RIGHTS
6. (1) Anyone who considers that any of the rights guaranteed to him by the Constitution has been, is being or is likely to be infringed
may, independently of any other possible legal remedy, apply to the Supreme Court to enforce that right.
(2) The Supreme Court may make such orders, issue such writs and give such directions, including the payment of compensation, as
it considers appropriate to enforce the right.
PART II-Fundamental Duties
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 recognise 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 of Vanuatu;
(d) to protect the Republic of Vanuatu and to safeguard 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 revenues required for the advancement of the Republic of Vanuatu
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
Vanuatu;
(i) in the case of a child, to respect his parents.
FUNDAMENTAL DUTIES NON-JUSTICIABLE BUT PUBLIC AUTHORITIES TO ENCOURAGE COMPLIANCE
8. Except as provided by law, the fundamental duties are non-justiciable. Nevertheless it is the duty of all public authorities to
encourage compliance with them so far as lies within their respective powers.
CHAPTER 3
CITIZENSHIP
AUTOMATIC CITIZENS
9. On the Day of Independence the following persons shall automatically become citizens of Vanuatu-
(a) a person who has or had four grandparents who belong to a tribe or community indigenous to Vanuatu; and
(b) a person of ni-Vanuatu ancestry who has no citizenship, nationality or the status of an optant.
ENTITLEMENT TO CITIZENSHIP
10. Every person who on the Day of Independence is a person of ni-Vanuatu ancestry and has the nationality or citizenship of a
foreign state or the status of an optant shall become a citizen of Vanuatu if he makes an application, or an application is made on his
behalf by his parent or lawful guardian, within 3 months of the Day of Independence or such longer period as Parliament may
prescribe. The Vanuatu citizenship of such a person shall automatically lapse if he has not renounced his other citizenship or nationality
within 3 months of the granting of Vanuatu citizenship or such longer period as Parliament may prescribe, except that in the case of a
person under the age of 18 years the period of renunciation shall be 3 months after he has reached the age of 18 years.
PERSONS BORN AFTER DAY OF INDEPENDENCE
11. Anyone born after the Day of Independence, whether in Vanuatu or abroad, shall become a citizen of Vanuatu if at least one of his
parents is a citizen of Vanuatu.
NATURALISATION
12. A national of a foreign state or a stateless person may apply to be naturalised as a citizen of Vanuatu if he has lived continuously in
Vanuatu for at least 10 years immediately before the date of the application.
Parliament may prescribe further conditions of the eligibility to apply for naturalisation and shall provide for the machinery to review
and decide on applications for naturalisation.
AVOIDANCE OF DUAL NATIONALITY
13. The Republic of Vanuatu does not recognise dual nationality. Any citizen of Vanuatu who is or becomes a citizen of another state
shall cease to be a citizen of Vanuatu unless he renounces that other citizenship within 3 months of acquiring Vanuatu citizenship or
that other citizenship, as the case may be, or such longer period as Parliament may prescribe, except that in the case of a person under
the age of 18 years the period of renunciation shall be 3 months after he has reached the age of 18 years.
FURTHER PROVISION FOR CITIZENSHIP
14. Parliament may make provision for the acquisition of citizenship of Vanuatu by persons not covered in the preceding Articles of
this Chapter and may make provision for the deprivation and renunciation of citizenship of Vanuatu.
The common theory of migration suggests that people speaking Austronesian languages
arrived about 4,000 years ago. Portuguese explorer, Pedro Fernández de Quirós, may have
been the first European explorer discovering the island Espiritu Santo in 1606 but
Europeans did not return until 1768, when Louis Antoine de Bougainville rediscovered the
islands. In 1774, Captain Cook named the islands the New Hebrides, a name that lasted until
independence. The jumbling of French and British interests in the islands brought petitions
for one or another of the two powers to annex the territory. In 1906, however, France and the
United Kingdom agreed to administer the islands jointly. Called the British-French
Condominium, it was a unique form of government, with separate governmental systems
that came together only in a joint court. Melanesians were barred from acquiring the
citizenship of either power. Challenges to this form of government began in the early 1940s.
The arrival of Americans during World War II, with their informal demeanor and relative
wealth, was instrumental in the rise of nationalism in the islands. In 1974, the New Hebrides
National Party pushed for independence and in 1980, the Republic of Vanuatu was created
with the promulgation of their constitution on 30 July 1980. It has been amended twice, in
1981 and 1983. Human rights are enumerated in Chapter 2, Fundamental Rights and Duties
and Chapter 3, Citizenship conforming to the United Nations 1948 Universal Declaration of
Human Rights of which Vanuatu is a signatory, and are detailed below. For the full English
text of Vanuatu's constitution, click here.
arrived about 4,000 years ago. Portuguese explorer, Pedro Fernández de Quirós, may have
been the first European explorer discovering the island Espiritu Santo in 1606 but
Europeans did not return until 1768, when Louis Antoine de Bougainville rediscovered the
islands. In 1774, Captain Cook named the islands the New Hebrides, a name that lasted until
independence. The jumbling of French and British interests in the islands brought petitions
for one or another of the two powers to annex the territory. In 1906, however, France and the
United Kingdom agreed to administer the islands jointly. Called the British-French
Condominium, it was a unique form of government, with separate governmental systems
that came together only in a joint court. Melanesians were barred from acquiring the
citizenship of either power. Challenges to this form of government began in the early 1940s.
The arrival of Americans during World War II, with their informal demeanor and relative
wealth, was instrumental in the rise of nationalism in the islands. In 1974, the New Hebrides
National Party pushed for independence and in 1980, the Republic of Vanuatu was created
with the promulgation of their constitution on 30 July 1980. It has been amended twice, in
1981 and 1983. Human rights are enumerated in Chapter 2, Fundamental Rights and Duties
and Chapter 3, Citizenship conforming to the United Nations 1948 Universal Declaration of
Human Rights of which Vanuatu is a signatory, and are detailed below. For the full English
text of Vanuatu's constitution, click here.