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Fundamental Rights
Article 5(1) The Republic of the New Hebrides recognizes that, subject to any restrictions imposed by law on non-citizens, all persons are entitled to the following fundamental rights and freedoms of the individual without discrimination on the grounds of race, place of origin, religious beliefs, political opinions, language or sex, but subject to respect for the rights and freedoms of others and to the legitimate public interest in defense, safety, public order and health:
(1) Life;
(2) Liberty;
(3) Security of the person;
(4) Protection of the law;
(5) Freedom from inhuman treatment and forced labor;
(6) Freedom of conscience and worship;
(7) Freedom of expression;
(8) Freedom of assembly and association;
(9) Freedom of movement;
(10) Protection for the privacy of home and other property and from unjust deprivation of property;
(11) Equal treatment under the law or administrative action. However, no law shall be inconsistent with this principle if it provides for special measures or welfare for the purpose of protecting or advancing the interests of women, children, young persons, the underprivileged, or underdeveloped areas.
(2) Protection of the law includes the following:
(1) Everyone charged with an offense shall be entitled to a fair hearing within a reasonable time by an independent and impartial court, and shall be provided with legal assistance if charged with a serious offense;
(2) Everyone charged with an offense shall be presumed innocent until proved guilty according to law;
(3) Everyone charged with an offense shall be informed promptly in a language which he understands of the offense with which he is charged;
(4) Everyone charged with an offense shall be entitled to have the free assistance of an interpreter if he cannot understand the language used at the trial;
(5) No one shall be tried in his absence without his consent, unless he has so conducted himself as to render the continuance of the proceedings in his presence impracticable;
(6) No one shall be convicted of an offense on account of any act or omission which did not constitute an offense at the time it was committed;
(7) No penalty shall be imposed for any criminal offense which is heavier than the penalty in force at the time the offense was committed;
(8) No person who has been pardoned, or who has been tried and convicted or acquitted, shall be tried again for the same offense or for any other offense of which he could have been convicted at the trial.
Article 6(1) If any person considers that any of the rights guaranteed to him by the Constitution has been, is being or is likely to be infringed, he may, independently of any other possible legal remedy, apply to the Supreme Court to enforce his rights.
(2) The Supreme Court may make such orders, issue such writs and give such directions, including the payment of compensation, as it considers appropriate for the purpose of enforcing or securing the enforcement of any of the rights.
Fundamental Duties
Article 7 Every person has the following fundamental duties to himself and his descendants and to others:
(1) To respect the Constitution and to act in accordance with its spirit;
(2) To recognize that he can fully develop his abilities and promote his true interests only by active participation in the development of the national and family community;
(3) To exercise the rights guaranteed or conferred by the Constitution and to use the opportunities made available by it to participate fully in the government of the Republic;
(4) To protect the New Hebrides and to safeguard the national wealth, resources and environment in the interests of the present and future generations;
(5) To engage in work suited to his abilities and, if necessary, to create his own opportunities for legitimate employment;
(6) To respect the rights and freedoms of others and to cooperate fully with others in the interests of social harmony and unity;
(7) To contribute, as required by law, according to his means, to the revenues required for the advancement of the Republic and the achievement of national goals;
(8) To support, assist and educate all his children—whether legitimate or illegitimate—as a father or mother, and in particular to give them a true understanding of their fundamental rights and duties, the national goals, and the culture and customs of the people of the New Hebrides;
(9) To respect his parents as a child.
Article 8 Except as provided by law, the fundamental duties are not justiciable. However, all public authorities have a duty to encourage the observance of these duties within their respective spheres of responsibility.