Country Summary for VANUATU

Definitions

“Classified Object” means an object that is in the possession of any person living in or visiting Vanuatu that is of historical, archaeological, ethnological, or artistic significance, and is classified by the Minister (after consultation with the Council) as national heritage. (PSAA, Part II, § 2A(1))

“Classified Site” means a site of historical, archaeological, ethnological, or artistic significance classified by the Minister (after consultation with the Council) as national heritage. Any artifact of local manufacture which is fixed to the soil on a classified site shall be considered to be immovable and shall in consequence be classified by virtue of classification of such site. (PSAA, Part II, § 2(1-2))

"Minister" means the Minister responsible for culture. (PSAA, Part I, § 1)

“Object” includes any locally manufactured object or any foreign manufactured object such as war relics and objects from the colonial era. (PSAA, Part I, § 1)

“Traditional Owners” means:

(a)    a group, clan or community of people; or

(b)   an individual who is recognized by a group, clan or community of people as the individual...

in whom the custody and ownership of the traditional knowledge or expressions of culture are entrusted in accordance with the customary law and practices of that group, clan or community. (PTCA § 1)

Relevant State Agencies

The Traditional Knowledge and Expressions of Culture Authority has the following functions:

(a)    to consult with relevant authorities on the grant of any bio-prospecting licenses relating to traditional knowledge; and

(b)   to consider and determine applications that have elements of traditional knowledge and expressions of culture for registration of trademarks, patents, designs, and research; and

(c)    to oversee the administration of the Trust Account on behalf of the beneficiaries; and

(d)   to approve and monitor annual strategic work plan, budgets and performance objectives of the Authority; and

(e)    to effectively and efficiently, manage the Fund; and

(f)    to perform such other functions as may be conferred on the Authority under this Act or any other Act. (PTCA § 14)