Vanuatu Review of National Land Legislation, Policy and ... - AusAID
Vanuatu Review of National Land Legislation, Policy and ... - AusAID
Vanuatu Review of National Land Legislation, Policy and ... - AusAID
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Despite the substantial reforms <strong>and</strong> restructuring that have occurred since 1997<strong>Vanuatu</strong> has not been able to realise its full development potential. “There havebeen many reasons for this relatively poor performance. Chief amongst these hasbeen that generally poor st<strong>and</strong>ards <strong>of</strong> governance remain at all levels <strong>of</strong> the publicservice, despite the improvements that have been made since the CRP. Weakinstitutions <strong>and</strong> poor st<strong>and</strong>ards <strong>of</strong> governance have been widely recognised within<strong>Vanuatu</strong> as critical factors in constraining development” 35 .The document goes further in outlining what measures need to be taken to achievesustainable economic growth. “To achieve sustainable economic growth <strong>and</strong>development <strong>Vanuatu</strong> must adopt an innovative policy making process. It must alsobe open to a continuing adoption <strong>of</strong> the economic <strong>and</strong> structural reforms needed toovercome the weaknesses in its economy. Outward looking, private sector focusedstrategies that will both broaden <strong>and</strong> deepen the economic base <strong>of</strong> the nation mustcontinue to be embraced. Governance st<strong>and</strong>ards need to be raised <strong>and</strong> a moreservice <strong>and</strong> customer–oriented approach needs to be adopted by the public serviceto its dealings with the public <strong>and</strong> particularly with potential investors” 36 .6.1. <strong>L<strong>and</strong></strong> Use Management <strong>and</strong> <strong>L<strong>and</strong></strong> AdministrationIn most countries, responsibility for l<strong>and</strong> use management <strong>and</strong> l<strong>and</strong> administrationmatters are spread between a number <strong>of</strong> different government agencies <strong>and</strong> thesituation in <strong>Vanuatu</strong> is no different. However with such a split, there is need for aclear delineation <strong>of</strong> responsibilities <strong>and</strong> clearly defined administrative procedures,without which there will be confusion <strong>and</strong> a high probability that administrative,management <strong>and</strong> enforcement activities will not be undertaken.The <strong>National</strong> <strong>L<strong>and</strong></strong> Summit, in approving the 20 resolutions, has highlighted seriouspublic concern over the management <strong>and</strong> administration <strong>of</strong> l<strong>and</strong> matters in <strong>Vanuatu</strong>.There is ineffective regulation <strong>of</strong> l<strong>and</strong> dealings, failure by the Government to protectthe interests <strong>of</strong> the public <strong>and</strong> customary owners, poor or non-existent enforcement<strong>of</strong> regulations, incorrect interpretation <strong>of</strong> government legislation <strong>and</strong> a lack <strong>of</strong>defined responsibilities for numerous administrative activities that should beundertaken to ensure adequate <strong>and</strong> appropriate management <strong>and</strong> administration <strong>of</strong>l<strong>and</strong>. This is all exacerbated by a lack <strong>of</strong> public awareness <strong>of</strong> property rights.In <strong>Vanuatu</strong> there are a number <strong>of</strong> ministries <strong>and</strong> organisations responsible for themanagement <strong>and</strong> administration <strong>of</strong> l<strong>and</strong> matters, <strong>and</strong> these include:Ministry <strong>of</strong> <strong>L<strong>and</strong></strong>s <strong>and</strong> Natural Resources Department <strong>of</strong> <strong>L<strong>and</strong></strong>s, Survey <strong>and</strong> Records which includes,surveying, l<strong>and</strong> registration, l<strong>and</strong> valuation, l<strong>and</strong> use planning <strong>and</strong>customary l<strong>and</strong>s unit Environment UnitMinistry <strong>of</strong> Internal Affairs35 Priorities <strong>and</strong> Action Agenda 2006-2015, ‘An Educated, Healthy <strong>and</strong> Wealthy <strong>Vanuatu</strong>’,Ministry <strong>of</strong> Finance <strong>and</strong> Economic Management, Government <strong>of</strong> <strong>Vanuatu</strong>, June 2006, p 3.36 Ibid p 5.30