Page:Vanuatu constitution.pdf/6



CONSTITUTION OF THE REPUBLIC OF VANUATU members of under-privileged groups or inhabitants of less developed areas.

(2) Protection of the law shall include the following–
 * (a) everyone charged with an offence shall have a fair hearing, within a reasonable time, by an independent and impartial court and be afforded a lawyer if it is a serious offence;
 * (b) everyone is presumed innocent until a court establishes his guilt according to law;
 * (c) everyone charged shall be informed promptly in a language he understands of the offence with which he is being charged;
 * (d) if an accused does not understand the language to be used in the proceedings he shall be provided with an interpreter throughout the proceedings;
 * (e) a person shall not be tried in his absence without his consent unless he makes it impossible for the court to proceed in his presence;
 * (f) no-one shall be convicted in respect of an act or omission which did not constitute an offence known to written or custom law at the time it was committed;
 * (g) no-one shall be punished with a greater penalty than that which exists at the time of the commission of the offence;
 * (h) no person who has been pardoned, or tried and convicted or acquitted, shall be tried again for the same offence or any other offence of which he could have been convicted at his trial.

6. Enforcement of fundamental rights

(1) Anyone who considers that any of the rights guaranteed to him by the Constitution has been, is being or is likely to be infringed may, independently of any other possible legal remedy, apply to the Supreme Court to enforce that right.

(2) The Supreme Court may make such orders, issue such writs and give such directions, including the payment of compensation, as it considers appropriate to enforce the right.

7. Fundamental duties

Every person has the following fundamental duties to himself and his descendants and to others–
 * (a) to respect and to act in the spirit of the Constitution;
 * (b) to recognise that he can fully develop his abilities and advance his true interests only by active participation in the development of the national community;
 * (c) to exercise the rights guaranteed or conferred by the Constitution and to use the

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