The Parliament of Vanuatu has formalized the recognition of customary institutions termed ‘nakamals’ and ‘custom area land tribunals’ in the Custom Land Management Act to determine the rules of custom which form the basis of ownership and use of land in Vanuatu.
The final decisions reached by these customary institutions, when appropriately recorded, become recorded interests in land which are binding in law and are not subject to appeal to, or judicial review by, any Court of law.
The Custom Land Management Act allows for mediation to progress the resolution of land disputes, and for an Island Court (Land) to review the decisions of a nakamal or custom area land tribunal on grounds of an incorrect composition, improper process or fraud.
These areas of review are matters of process and not substance within the meaning of Article 78 of the Constitution.
Our core functions include:
- Facilitate nakamal meetings.
- Facilitate custom area land tribunals.
- Do awareness on the CLM Act to communities and villages.
- Train adjudicators' or chiefs who judge cases on custom area land tribunals.
- Issue certificate of recorded interests in land (green certificate) to declared custom owners declared by competent courts.
- Conduct mapping of declared and disputed custom land.
- Registration of custom lands in collaboration with custom owners.
- Facilitate negotiator certificate consultation.
- Facilitate draft lease consultation.