Parliament was expected to debate the Custom Land Management (Amendment) Bill No. of 2025; however, the Bill was withdrawn to allow more time for nationwide consultations.
The proposed amendment, to be presented by the Minister of Justice and Community Services, Job Sam Andy, aims to address long-standing challenges in the management of custom land in Vanuatu. It seeks to clarify overlapping land laws, define the roles of government departments, and improve coordination under the existing Custom Land Management Act No. 33 of 2013.
According to Acting National Coordinator of the Customary Land Management Office (CLMO), Damien Denson Boe, the withdrawal allows proper consultations before Parliament’s first ordinary sitting next year. As the amendment deals with land owned by indigenous Ni-Vanuatu, the Constitution requires consultation with the National Council of Chiefs (Malvatumauri) under Article 4(2), which mandates the Council’s advice on all matters relating to land, tradition, and custom.
Mr. Boe explained that consultations will be a major national exercise involving chiefs, landowners, and community representatives across all provinces.
One of the key objectives of the Bill is to simplify and separate the processes for identifying custom landowners and creating land leases, which are currently intertwined and cause confusion. Under the proposed amendment, the CLMO will no longer be responsible for identifying custom landowners when someone applies for a negotiator’s certificate. Instead, it will assist with verifying ownership and land-use rights before the application proceeds to the Department of Lands.
The amendment also restores more authority to traditional systems in resolving land disputes by removing the requirement for unanimous decisions in Area Land Tribunals. This change allows decisions to be made according to local custom, speeding up resolutions and strengthening customary governance.
The Acting National Coordinator of CLMO further explained that after the amendment a new National Registry for Customary Land will be created to maintain accurate records of ownership, land interests, and disputes. Managed by a National Coordinator, the registry will improve transparency and provide reliable information for land dealings.
Additional updates include revised legal definitions and clearer procedures for appointing landowner representatives and resolving disputes.
The amendment represents a major step toward aligning Vanuatu’s land laws with traditional systems and practical realities. By strengthening custom leadership, improving land records, and removing outdated legal barriers, the Bill aims to make land management simpler, fairer, and more consistent with Vanuatu’s culture and Constitution.