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‘ Winlus Courts’: The Island Courts of Vanuatu

‘ Winlus Courts’: The Island Courts of Vanuatu. Vanuatu lingua franca: Bislama Kastom = ‘custom’, conceptually flexible, but implying tradition : oppositional to ‘ whitemen’s ways’ (including the introduced legal system)

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‘ Winlus Courts’: The Island Courts of Vanuatu

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  1. ‘Winlus Courts’: The Island Courts of Vanuatu

  2. Vanuatu lingua franca: Bislama Kastom = ‘custom’, conceptually flexible, but implying tradition: oppositional to ‘whitemen’s ways’ (including the introduced legal system) Winlus =(adjectival use) one party wins, the other loses Winwin = (adj) both parties ‘win’ Nakamal = a meeting place where a chief presides: site for formally addressing village problems, disputes, etc.

  3. Overview of the legal jurisdiction of Island Courts as represented in warrants of establishment [Compiled from sighted warrants establishing Efate, Tanna, Malekula Island Courts 1984, Banks/Torres, West Ambae 1994.] Criminal Jurisdiction: Penal Code and Offences against joint regulations (ex British/ French rule) Insult to religion Disturbing a religious assembly Adultery Gross indecency Assault Unintentionally causing bodily harm Abusive and threatening language Unlawful use of another person’s property Theft Malicious damage to property Receiving stolen property Maltreatment of animals Trespass Being idle and disorderly Witchcraft Offences against Arms and ammunition regulations Offences against Cattle trespass regulations Offences against Family Maintenance & Child Maintenance regulations Offences against Liquor Licensing regulations Offences against Traffic regulations, Taxi regulations Civil Jurisdiction Land ownership disputes Claims in tort and contract (to a value to VT50,000) Claims under Regional/Provincial laws Claims for child maintenance [NB: Customary Law, custom, kastom are not mentioned in warrants.]

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