Geography Reference
In-Depth Information
faced by Pacific communities today. Of these, the most acute problem is land,
which is arguably the key asset that identifies family, clan and lineage in Vanuatu.
It is an asset of great cultural value and is also the main source of subsistence and
livelihood for most rural communities in the country. Following independence
in 1980, Articles 73 and 74 of the new Republican Constitution restored the per-
petual land rights of indigenous customary owners and their descendants, thereby
re-establishing customary rules as the basis of land ownership and use in Vanuatu.
While freehold titles were cancelled and land was formally restored to local popula-
tions, European planters' land titles were automatically converted into long-term
leases to accommodate foreign interests. What was originally intended as an
interim arrangement to secure the rights of those whose titles were abolished at
independence quickly became the norm for the negotiation of new leases of cus-
tomary land. As a result, long-term leasing has become the new form of land alien-
ation in Efate and other islands in Vanuatu today (Stefanova
2008
). Over 80% of
coastal Efate has now been leased. While the CRMD communities held out longer
than most, the last few years have seen a significant increase in lease negotiation
between real estate agents and customary landholders of coastal and fertile agricul-
tural lands, as well as those containing the few natural water sources available to
the CRMD population (Wilson et al.
2007
). Real estate agencies are using the
World Heritage status of CRMD to attract foreign investment in the Buffer Zone
surrounding the heritage. Landholders of the area are under increasing pressure to
lease land quickly before having the opportunity to consider alternative land devel-
opment options and make informed choices.
The land leasing boom in Vanuatu has significant implications for the preserva-
tion of the country's cultural heritage, and for CRMD in particular, as development
on leased lands has led to destruction of natural resources (e.g. giant banyan trees,
water springs, marine resources) and bulldozing of cultural artifacts (e.g. ancient
graves, stone walls, tabu stones).
3
Preliminary and environmental impact assess-
ments (inclusive of cultural impact assessment) are not carried out systematically
despite legislative requirements.
4
This is the case even in relation to large lease
areas which affect subsistence living and food security.
In addition, the local economic benefit of land development in the area is very
low; expatriates reap the gains from luxury homes and resorts. The process whereby
customary land owners are identified (and thus have the right to negotiate a lease)
is open to abuse by individuals or small groups of people who pursue registration
of leases without due consultation among holders of customary rights or the local
council of chiefs. In the process of transition from customary landholding to formal
lease registration, important user rights (e.g. women's rights to gardening; access to
3
The Preservation of Sites and Artifacts Act 1965 provides for the registration of such sites with
the Vanuatu Cultural Center.
4
These being the Environmental Management and Conservation Act 2003 and the Foreshore
Development Act 1975.
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