Vanuatu Cultural
Research Policy Vanuatu Cultural
Research Policy 
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1) Definitions
'Kastom': traditional political, social, religious and economic structures, and their associated practices, systems of knowledge and material items.
'Local community': the group(s) of people that are the subject of the research effort and/or live in the area in which research is being undertaken.
'Ni-Vanuatu': a citizen of the Republic of Vanuatu as defined by the Constitution.
'Products of research': publications (including reports, theses, books, manuscripts, academic articles, sound recordings, film and video, computer databases), field notes, illustrations, photographs, film and video, sound recordings, collected material artefacts, specimens.
'Cultural research': any endeavour, by means of critical investigation and study of a subject, to discover new or collate old facts or hypotheses on cultural subject; the latter being defined as any ethnographic or anthropological study, including basic data collection, studies of or incorporating traditional knowledge or classification systems (eg. studies of the medicinal properties of plants, land and marine tenure systems), documentary films, archaeology, linguistics and ethno-historical accounts. This excludes any research undertaken by ni-Vanuatu, by Government officers in the execution of their duty or at the request of the Government of the Republic of Vanuatu.
'Tabu': a subject to which access is restricted to any degree. Such subjects can include places, names, knowledge, oral traditions, objects and practices.
'Traditional copyright': the traditional right of informants to control the ways the information they provide is used and accessed. The issue of traditional copyright arises when informants either own or are the custodians of specialised (and usually tabu) knowledge and its communication. This knowledge can include names, designs or form, oral traditions, practices and skills.
i) Kastom is the expression of the achievements of the people of Vanuatu and encompasses the many different and distinct cultures of Vanuatu.
ii) Kastom belongs to individuals, families, lineages and communities in Vanuatu.
iii) The people of Vanuatu recognise the importance of knowing and conserving their kastom and history.
iv) Knowledge is founded upon research in the broadest sense, that is, upon the collation of new facts and hypotheses and the criticism, evaluation and interpretation of existing ones. Inevitably research is the product of researchers and their particular viewpoints.
v) The knowledge and dissemination of the kastom and history of Vanuatu should be directed firstly, if the subject is particular culture to the people of that culture, secondly to other ni-Vanuatu and lastly to non-citizens.
vi) Research in practice is a cooperative venture involving researchers, individual and groups of informants, local communities, chiefs, cultural fieldworkers, cultural administrative bodies and local and national governments, and should be approached as such.
i) Responsibility for research in Vanuatu
The Vanuatu National Cultural Council is responsible for research in Vanuatu under cap.186, 6(2)(e) of the Laws of the Republic of Vanuatu. It is the role of the National Cultural Council to define and implement national research policies (including those outlined in this document), to define national research priorities, and to sponsor, regulate and carry out programs of research. As part of its regulatory function, the National Cultural Council will determine whether it is desirable that a foreign national undertake research in the stated field.
ii) Approval of research proposals
1) Evaluation: All research proposals must receive the approval of the Vanuatu
National Cultural Council and the local community. An explanation of the
proposed research project to the local community by the researcher and/or
the Cultural Centre is a prerequisite to the local community giving approval.
Other bodies that should be consulted include the local government and the
area council of chiefs. In cases where there are conflicts of interest (for
example the local community wants a researcher but the local government
disapproves) it is up to the National Cultural Council to determine whose
wishes take precedence. The National Cultural Council may bring in advisors
such as the Minister responsible for culture, chiefs, academics and professionals
to assist in the evaluation of a research proposal. All researchers must
provide to the Council the name and address of a referee of professional
standing to assist in its evaluation of the proposal.
2) Fees/Guarantees: An authorisation fee to cover all administrative costs
incurred in the setting up and implementation of the research venture must
be provided by the researcher before the research proposal can be approved.
This fee is 15,000 vatu for undergraduate students and 25,000 vatu for postgraduates,
professional researchers and non-affiliated individuals and teams. Where
research involves more than one visit, and this is clearly stated in the
Research Agreement, a fee of 5,000 vatu is to be paid on each subsequent
visit after the first. In addition, researchers not affiliated with a recognised
research institution will be required to provide a deposit of 40,000 vatu
to ensure compliance with the conditions for the deposit of products of
research as stipulated in section 3(vi) of this document. This fee is retrievable
once such deposits are made. For affiliated researchers, a letter from the
relevant institution guaranteeing the deposit of products of research by
the researcher is required before the research proposal can be approved.
All funds received from the researcher will be deposited in the National
Museum Account, which is administered by the Vanuatu Cultural Centre and
used to fund the general work of cultural resource management in Vanuatu,
including cultural research, documentation and revival projects. In cases
where it is necessary for Cultural Centre personnel to travel to the proposed
research location to help facilitate the research venture (either prior
to, during or after the period of research), the researcher will agree in
writing to reimburse the Cultural Centre for any costs incurred in such
travel, and this agreement will be recorded in section 12 (Additional clauses/conditions)
of the Research Agreement. The National Cultural Council may waive any or
all of the above fees.
3) Signification of approval: The approval of a research proposal
is signified by the signing of the Research Agreement (Appendix 1) by the
researcher(s) and the National Cultural Council, the latter signing on behalf
of the local community and the national government. In research ventures
that involve more than one researcher, a separate agreement may be required
for each researcher stating exactly what the research topic and capacity
of each individual is to be, and which may carry its own unique obligations.
Once the Research Agreement has been signed, the researcher is eligible
to receive an 'Exemption from work permit' from the Labour Department, which
permits a foreign national to undertake research in Vanuatu on a 'Visitors'
or 'Residency' visa. Should the National Cultural Council decide to terminate
a research venture (see section (x) of this document), this will be signified
by the withdrawal of this permit, and subsequent withdrawal of the researcher's
visa.
iii) Encouragement of ni-Vanuatu performed research
With a view to maximising opportunities for ni-Vanuatu to conduct research
it is the responsibility of the National Cultural Council to: (a) initiate
research ventures to be undertaken by ni-Vanuatu, including cooperative
ventures with expatriates; (b) ensure input by ni-Vanuatu into all research
projects; and (c) ensure that a research proposal received from a foreign
national does not conflict with research undertaken by a ni-Vanuatu, which
will involve identifying the possible research aspirations of ni-Vanuatu
scholars in training. It is desirable that participatory research (where
members of a community undertake research on their own culture) and research
by non-academics in local communities, as well as by scholars, is encouraged.
The national government has a role in encouraging research by ni-Vanuatu
and in the support, recognition and provision of facilities for ni-Vanuatu
researchers.
iv) Training
There must be maximum involvement of indigenous scholars, students and members
of the community in research, full recognition of their collaboration, and
training to enable their further contribution to country and community.
Such training will be in specific areas determined by the researcher but
should be generally concerned with cultural research and documentation skills,
and have the aim of facilitating the continuation of research once the foreign
researcher leaves the country. The National Cultural Council may nominate
individuals to be involved in research and/or trained.
v) Benefit to the local community
All research projects will include a cultural product of immediate
benefit and use to the local community. This product will be decided
upon by the researcher, the local community and the Cultural Centre as part
of the initial agreement, and the Cultural Centre should have a role in
assisting the researcher in its provision. Such products could include booklets
of kastom information, photo albums of visual records, simple educational
booklets for use in schools (the provision of all products for use in schools
should be coordinated by the Curriculum Development Unit), programs for
the revitalisation of particular kastom skills in the community, training
workshops in cultural documentation, etc. This product will be provided
no later than 6 months after termination of the research period.
vi) Deposit of products of research
Copies of all non-artefact products of research are to be deposited without
charge with the Cultural Centre (under cap.88 of the Laws of Vanuatu) and,
where feasible, with the local community. Two copies of films and videos
are to be provided, one for public screening and the other for deposit in
the archives. In the case of films, a copy on video is also required. Any
artefacts collected become the property of the Cultural Centre unless traditional
ownership has been established as stipulated in the Traditional Copyright
Agreement (Appendix 2). The carrying of any artefacts or specimens outside
the country is prohibited as stipulated under cap.39 of the Laws of Vanuatu.
Artefacts and specimens may be taken out of the country for overseas study
and analysis under cap.39(7), with conditions for their return being stipulated
in the Research Agreement. The Vanuatu Cultural and Historic Sites Survey
is to be consulted about the provision of information on any sites of cultural
or historic significance recorded.
vii) Accessibility of products of research
The researcher will be responsible for the translation of a publication
in a language other than a vernacular language of Vanuatu or one of the
three national languages of Vanuatu into a vernacular or one of the national
languages, preferably the one used in education in the local community.
They will also make the information in all products of research, subject
to copyright restrictions as stipulated in the Traditional Copyright Agreement,
accessible to the local community through such means as audio cassettes
or copies of recorded information, preferably in the vernacular. Researchers
are also required to submit an interim report of not less than 2,000 words
no later than 6 months after the research period has ended giving a reasonable
precis of their work. This should be in one of the national languages and
in 'layman's terms' so as to be of general use to all citizens.
viii) Benefit to the nation
Having a trained person working at a local community level is an opportunity
from which the nation can gain significant benefit, and the National Cultural
Council, the Cultural Centre or the national government may therefore request
the researcher to perform certain services additional to their research
work. For instance, researchers could provide assistance to government by
providing information on sideline topics of a general nature from their
community research perspective, such as health surveys, information on the
viability of certain development projects, etc. They could also provide
free and independent consultancies to national bodies and teaching and curriculum
development services. Similarly, the Cultural Centre could benefit from
requesting the researcher to undertake specific lines of inquiry of an anthropological
nature for its own purpose concurrently with their own research topic. Furthermore,
such a trained person could initiate in their host community projects on
behalf of the Cultural Centre such as libraries, education centres, Cultural
Centres, etc. Foreign researchers can also provide for the Cultural Centre
invaluable access to materials on Vanuatu held overseas, contacts overseas,
and might be able to facilitate scholarships for ni-Vanuatu students in
overseas educational institutions. Any such undertaking(s) expected of the
researcher will be stipulated in the Research Agreement.
ix) The Traditional Copyright Agreement
The Traditional Copyright Agreement (Appendix 2) is intended to protect
traditional copyrights and to ensure the respect of this indigenous method
of controlling information and the communication of specialised knowledge
and form. In all instances where information or material data is obtained
by the researcher, the researcher and the supplier of this data must complete
the Traditional Copyright Agreement which will state the conditions under
which this material may or may not be used. The purpose of this agreement
is to make the subjects and informants of research aware of their ownership
and rights over the information they impart and to contractually enshrine
these rights, thus obliging the researcher to respect them.
x) Termination of a research project
The National Cultural Council may revoke its approval of and terminate a
research venture should the researcher fail to comply with any of the conditions
agreed to in the Research Agreement. Should a research project be terminated
before its completion, copies of all products of research made prior to
termination are to be deposited with the Cultural Centre as outlined in
section 3(vi) of this document. In the case of termination by the local
community, the National Cultural Council may reconsider the research project
for another locality.
xi) Role of the Vanuatu Cultural Centre
The Cultural Centre is responsible for facilitating, coordinating, and administering
all research projects in the country and for ensuring feedback on these
projects to national government and non-government bodies. In this capacity
the Cultural Centre will:
1) Identify potential subjects and areas of research, formulate research proposals and invite foreign and ni-Vanuatu researchers to undertake certain projects.
2) Facilitate and assist the undertaking of research by ni-Vanuatu.
3) Identify and facilitate opportunities for local communities to request trained researchers to assist them with research of their kastom and history.
4) Provide advice on obtaining permission to conduct research and on conditions of work and living in potential areas of research to interested parties.
5) Assist in the formulation of research proposals to involve input by ni-Vanuatu, and nominate persons for involvement.
6) Provide advice to the National Cultural Council.
7) Facilitate and ensure awareness of the research proposal in the local community and assist the members of the community in making a decision as to their involvement.
8) Educate local community members and researcher(s) as to their rights under the Research Agreement and the Traditional Copyright Agreement.
9) Assist the local community and the researcher in determining the product of immediate benefit and use to be provided by the researcher and assist in its provision.
10) Inform the local government, area council of chiefs and any other relevant regional and national bodies of the undertaking of a research project.
11) Monitor the research venture with view to ensuring compliance with the Research Agreement and providing feedback to relevant national bodies.
12) Assist the researcher.
13) Receive and caretake deposited products of research.
14) Facilitate the provision of products of research to schools and assist the National Curriculum Unit in their preparation.
15) Publicise this policy within Vanuatu and to overseas research institutions, universities, etc.
xii) Commercial ventures
Where any of the products of research are to be used for commercial purposes,
a separate agreement between the National Cultural Council and the researcher
will be made specifying the basis on which the proceeds of sales are to
be distributed. The details of this agreement will be recorded in section
12 of the Research Agreement. As a general principle, 60% of all proceeds
of sales are to accrue to the National Cultural Council, which is then responsible
for distributing the funds received to the designated individuals, communities
and institutions within Vanuatu. Where research is engaged in for commercial
purposes, it is the responsibility of the researcher to make all informants
and suppliers of information aware of this fact, and to come to an agreement
with them (recorded in the Traditional Copyright Agreement) on the amount
of royalties to be paid on received data. Copies of all commercial products
of research are to be deposited with the Cultural Centre as specified in
section 3(vi) of this document.
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