A bird that flies with two wings : the kastom and state by Miranda Forsyth

By Miranda Forsyth

This booklet investigates the issues and probabilities of plural criminal orders via an in-depth research of the connection among the nation and common justice structures in Vanuatu. It argues that there's a have to movement clear of the present state-centric method of legislation reform within the South Pacific area, and as an alternative comprise all country and non-state felony orders in improvement ideas and discussion. The ebook additionally provides a typology of types of engagement among nation and non-state felony structures, and describes a approach for analysing which of those types will be leading for any nation within the South Pacific sector, and past.

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Additional info for A bird that flies with two wings : the kastom and state justice systems in Vanuatu

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It appears, however, that the project suffered from a number of problems that severely affected its ability to meet its objectives. 148 There is also little accommodation of juveniles by the state justice system. 150 The sole concession to juveniles is a provision in the Penal Code providing that no person under sixteen years of age shall be sentenced to imprisonment unless no other method of punishment is appropriate (Section 38[1]) and that where this occurs it should be in a special establishment (Section 38[2]).

This study found that only 47 per cent of the urban youth interviewed had attained class six or less. 139 Morgan and McLeod, ‘An incomplete arc’, p. 12. , p. 12. 141 For example, a local newspaper recently reported that ‘[m]arijuana cultivation and use is already a problem for the country since it is cultivated in nearly all the main islands of the country. ’ See Willie, Royson 2007, ‘Vt77m worth of Melip marijuana finally destroyed’, Vanuatu Daily Post (Port Vila), 9 May 2007, p. 1. 142 A recent study found that ‘[m]any ni-Vanuatu urban youth are trying to cope with having little power and dominance stemming from living with poverty, unemployment, lack of adequate finances for personal use or to help out family members, uncertainty about their future, land inheritance disputes, black magic, not being heard and relationship problems.

61 Constitution of the Republic of Vanuatu, Article 73. 62 Farran, Sue 2002, ‘Land in Vanuatu: moving forwards looking backwards’, Revue Juridique Polynesienne, vol.  214. 63 Jowitt, Anita 2004, ‘Indigenous land grievances, customary land disputes and restorative justice’, Journal of South Pacific Law, vol. 8, no. shtml> 64 Ibid. 65 See ibid. for further discussion of the Customary Land Tribunals. The act provides that where there is a dispute about customary land in a village, a party to the dispute may notify the principal chief of the village, who is required to appoint three people (which may include himself) knowledgeable in the custom of the area in which the land is situated to hear the dispute.

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