Report - Office of the High Commissioner on Human Rights

Entitlements – All <strong>the</strong> entitlements are applicable, but <strong>the</strong> key ones are: security <strong>of</strong> tenure and freedom
from dispossession, habitability, accessibility, cultural appropriateness and violence against women.
Sources – Customary law and beliefs recognised by <strong>the</strong> community; national constitution (Chapter 12,
Article 73 “All land in <strong>the</strong> Republic <strong>of</strong> Vanuatu belongs to <strong>the</strong> indigenous custom owners and <strong>the</strong>ir
descendants”; Article 74 “The rules <strong>of</strong> custom shall form <strong>the</strong> basis <strong>of</strong> ownership and use <strong>of</strong> land in
<strong>the</strong> Republic <strong>of</strong> Vanuatu.”); CEDAW (Articles1, 2f, 5, 14 and 16). Vanuatu has not ratified any o<strong>the</strong>r
conventions.
Overriding principles – Self determination, non discrimination, gender equality and rule <strong>of</strong> law.
Guarantees – National constitution Articles 5(1) and 5 (1) (j); ratification <strong>of</strong> international human rights
instruments (e.g. CEDAW, CRC); National Housing Corporation Act cap 188 (1985), o<strong>the</strong>r acts and
customary law.
Causes/Threats/Obstacles/Contributing Factors – Lack <strong>of</strong> knowledge <strong>of</strong> <strong>the</strong> Constitution, o<strong>the</strong>r national
laws and human rights instruments among rural people; lack <strong>of</strong> government commitment to women’s
development and human rights education; commitment to traditional practices, behaviour, beliefs etc.
which prioritise male ownership <strong>of</strong> properties – almost universal male support for customary beliefs;
lack <strong>of</strong> policies or laws on land and housing that are women specific; lack <strong>of</strong> ratified human rights
instruments.
Victimisation/Vulnerability – The first wife was a victim, my son is vulnerable, <strong>the</strong> adopted children
who were taken in when <strong>the</strong>y were five years old are vulnerable, my husband’s son from <strong>the</strong> o<strong>the</strong>r
woman is vulnerable - <strong>the</strong> uncle only takes him to <strong>the</strong> matrimonial home as a tool to attack me, my
family members are vulnerable.
Impacts/Consequences – “I cannot go freely to <strong>the</strong> village. I cannot sleep in my matrimonial house. I
cannot go and make garden freely for my son and his wife. I lost ownership <strong>of</strong> land and housing.
I cannot harvest crops from <strong>the</strong> land my husband and I jointly cultivated or benefit from <strong>the</strong> cattle
we had. I am now unwelcome in <strong>the</strong> place I called home for 26 years, which is emotionally very hard.
There is also <strong>the</strong> feeling <strong>of</strong> landless – you feel <strong>the</strong> impact once you are landless. Finally I purchased
my own land, which relieved that feeling.
There is also a feeling in custom that men shouldn’t marry a woman from ano<strong>the</strong>r island because her
children will come and claim <strong>the</strong> land for inheritance. My son feels threatened. When he talked back
to his uncle he was threatened to be sent home to my family and island. His wife fears going <strong>the</strong>re.
They go <strong>the</strong>re when <strong>the</strong> uncle is not <strong>the</strong>re. Even though my husband was a big man, <strong>the</strong>re is now
a possibility that our son will not have that recognition. The loss <strong>of</strong> status cannot be useful or helpful.
There is no family support for my son; he is not allowed to contribute to his fa<strong>the</strong>r’s family. There
is no-one he can fall back on. What else is <strong>the</strong>re for him Even though according to customary law
<strong>the</strong> land and house should be his, <strong>the</strong>re is a risk he may lose it.”
Costs – “I lost all my things because I was in Fiji when he died. Some <strong>of</strong> <strong>the</strong> things we had bought
toge<strong>the</strong>r. I was locked out <strong>of</strong> my home, with zero belongings, except what I had with me in Vila. I lost
my dignity in his clan, on <strong>the</strong> island, and even with some political friends - even though I used to
have friendly relations with <strong>the</strong>m, because I refused to return to <strong>the</strong> island. I have to work hard to
justify my status in that island for my son’s sake, for his inheritance sake.
138 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND