'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.
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.
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.xii) Commercial ventures2) 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.