The response to COVID-19 and human rights' challenges in Fiji and Vanuatu: were the measures proportionate?

Pacific island countries reported their first cases of COVID-19 during the month of March 2020. While some countries like Vanuatu declared a national state of emergency, some others like Fiji imposed evening curfews and used location-specific lockdowns around areas where reported cases emerged. Pacific governments subsequently put in place measures aiming to protect the public health from the coronavirus. Some of the laws and regulations made include restriction on freedom of speech and expression, and also on freedom of movement. This article focusses on the measures introduced in Fiji and Vanuatu

Banning Seabed Mining in Vanuatu: Advice on What Legislative Measures Would Be Required to Ban Any Possible Seabed Mining in Vanuatu, Now and Into The Future

A brief policy paper on the legal approaches that are needed to be considered by the Vanuatu Government to implement a ban on seabed mining. This paper identifies: • The extent to which seabed mining could be beneficial yet potentially harmful to Vanuatu ; • The necessary legal instruments needed to be enacted by Vanuatu to ensure there is a proper ban in place; and • The recommended approach to effectively implement such a ban

Curriculum alignment: a legal experience

The School of Law at The University of the South Pacific embarked upon a curriculum review of its LLB programme in 2018. The review started with presentations on the significance of curriculum alignment, followed with a discussion on the linkage between course learning outcomes and programme graduate outcomes. This fed into the mapping of these outcomes across the degree programme; where appropriate the outcomes were rewritten. This article discusses the process of undertaking this curriculum alignment process; the authors will draw primarily on their experiences

Enhanced biodegradation of PAHs in historically contaminated soil by M. gilvum inoculated biochar

The inoculation of rice straw biochar with PAH-degrading Mycobacterium gilvum (1.27 × 1011 ± 1.24 × 1010 cell g−1), and the subsequent amendment of this composite material to PAHs contaminated (677 mg kg−1) coke plant soil, was conducted in order to investigate if would enhance PAHs biodegradation in soils. The microbe-biochar composite showed superior degradation capacity for phenanthrene, fluoranthene and pyrene. Phenanthrene loss in the microbe-biochar composite, free cell alone and biochar alone treatments was, respectively, 62.6 ± 3.2%, 47.3 ± 4.1% and non-significant (P > 0.05); whereas for fluoranthene loss it was 52.1 ± 2.3%; non-significant (P > 0.05) and non-significant (P > 0.05); and for pyrene loss it was 62.1 ± 0.9%; 19.7 ± 6.5% and 13.5 ± 2.8%. It was hypothesized that the improved remediation was underpinned by i) biochar enhanced mass transfer of PAHs from the soil to the carbonaceous biochar “sink”, and ii) the subsequent degradation of the PAHs by the immobilized M. gilvum. To test this mechanism, a surfactant (Brij 30; 20 mg g−1 soil), was added to impede PAHs mass transfer to biochar and sorption. The surfactant increased solution phase PAH concentrations and significantly (P < 0.05) reduced PAH degradation in the biochar immobilized M. gilvum treatments; indicating the enhanced degradation occurred between the immobilized M. gilvum and biochar sorbed PAHs

Custom as a Source of Law in Vanuatu: A Critical Analysis

Based on critical postcolonial theories developed by Said, Spivak and Bhabha, this paper attempts to demonstrate that although custom is recognized as a source by the Constitution and has been given a role to play in formal courts, Vanuatu courts and institutions have not accorded to custom the importance it deserves. Instead, they continue to uphold colonial laws and values to the detriment of customary rules, values and authorities. Yet, this is not the only challenge faced by custom as a source of law. As a result of a precedent set by the former Chief Justice, custom may be held to be invalid if it is inconsistent with colonial law, written law or human rights norms. This paper does not dispute this test. It argues however that moving forward, it should not be applied strictly and it may be important and necessary to revisit this validity test of custom in the future. If this were to take place, recognition could be given to the importance of custom in Vanuatu. Furthermore, cultural considerations and interests of the local groups and communities could be taken into consideration rather than applying colonial laws or human rights laws that do not often suit the local context of Vanuatu

Molecular Epidemiology of Chlamydia Trachomatis Infection in the Genitourinary Tract

The genitourinary Chlamydia trachomatis infection is a crucial part of sexually transmitted disease worldwide. In recent years, the incidence rate has increased dramatically, and the proportion of asymptomatic infections is particularly large. Therefore the burden for preventing and controlling its epidemic is severe. With the development of laboratory technology and genomics, the understanding on the molecular epidemiology of genital Chlamydia trachomatis is gradually clearer than ever, and the monitor on its epidemic trends and strain variation is becoming more effective

Le pluralisme juridique et les droits fonciers des propriétaires coutumiers et des femmes au Vanuatu

Being fully aware of what was at stake and of the importance of land for its citizens, Vanuatu had at independence in 1980 put in place a customary land system based on collective ownership. All land therefore belongs to the customary indigenous owners and cannot be alienated. At the same time a system of land leasing was also provided in the Constitution to accommodate the situation of the French and English colonisers who, until independence, had occupied land acquired during the period of the Condominium. In the current era of globilisation and economic development it is not only difficult to give full respect to the intention of constituting a land law system based on tradition, but also the system of land leasing is sometimes wrongly interpreted by the authorities and investors in order to satisfy their interests to the detriment of the customary owners and the indigenous people. In certain cases the customary land system has the effect also of considerably marginalising women who have nothing more than a usufructuary interest in customary lands

La rencontre entre les droits fondamentaux, notamment le droit à l'égalité des femmes et la coutume: Le cas du Vanuatu comme exemple de pluralisme juridique

Like its neighboring Island Countries, Vanuatu is experiencing a situation of legal pluralism where several legal orders or legal systems (customary law, colonial law, statutory law) coexist. Based on an exegetical analysis, but more fundamentally on a feminist methodology, the thesis attempts to show that this legal pluralism constitutes, in many cases, an obstacle to human rights and also to international obligations of these Pacific Island Countries in the matter. Concerning the situation of women, the feminist methodology shows us that the law as a whole (legal system, legislation, case law and State institutions) and the customary law in particular are ineffective in some areas such as the one of the family, among other things, because they create inequalities and discrimination towards women or because they maintain the inequalities that have already existed between women and men. By doing so, the law not only perpetuates the subordination of women, but also maintains the domination of men. Like the feminist jurists however, we consider that the law cannot be put aside since it can constitute a powerful tool for social change. Thus, in the proposed solution to the issue observed, the thesis insists not only on the necessity of reaffirming the principle of universality of human rights (and also women’s right to equality), but it also proposes an innovative interpretation of the right to equality based on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Canadian jurisprudence to better protect human rights, notably women’s rights in Vanuatu and in the Pacific region. The thesis also recommends the establishment of a national mechanism of human rights following Québec model considering the good performance of the province in terms of the protection and promotion of women’s rights. We thus hope that this thesis contributes to the advancement of knowledge in law by calling into question the existing legal order (or the neutrality of law) from a point of view centered on women and by putting forward an innovative interpretation of the right to equality in order to change or to improve the social relations between women and men in Vanuatu and in the Pacific region

Revisiting the Matthew and Hunter Islands Dispute in Light of the Recent Chagos Advisory Opinion and Some Other Relevant Cases: An Evaluation of Vanuatu’s Claims relating to the Right to Self-determination, Territorial Integrity, Unlawful Occupation and State Responsibility under International Law

This paper examines the legal implications of the Chagos Advisory Opinion and some other relevant cases on the Matthew and Hunter Islands dispute. In doing so, the piece attempts to evaluate Vanuatu’s claims relating to the right to self-determination of the people of New Hebrides (Ni-Vans since 1980), the territorial integrity of New Hebrides/Vanuatu and alleged unlawful occupation of the Matthew and Hunter Islands by France. First, the paper submits that by transferring the administration of these islands to New Caledonia in 1976 France may have violated the territorial integrity of Vanuatu and the right to self-determination of its people. The paper then considers the competing claims of sovereignty over these Islands and argues that the right to self-determination is likely to prevail over France’s claims of, inter alia, effectivités. The paper submits therefore that France may be under an obligation to cease its unlawful occupation of these Islands