Hmmm
I guess one question might be: when laws mention "ni-Vanuatu" do they mean any citizen of Vanuatu, or specifically ethnic ni-Vans? Imagine if in Fiji, "Fijian" and "iTaukei" were the same word that could have 2 different meanings. It would make for quite some controversy and confusion
Well that's why the "iTaukei" label was stuck on the eithnic Fijians.
It's only been used as it currently is (as the name of an ethnic group) because a military dictator said that it should be so around five years ago. Many "iTaukei" object to it as they've always identified themselves as Fijian, which is what they've been called since the first
kaivalagi (white man) arrived. In the native tongue, the word was
Kaiviti, meaning
people of Viti (Fiji).
So we had Fijians, IndoFijians, and Others (really, this was the box one had to tick on any government form that required your race).
And then PM Bainimarama pronounced that we were all Fijians, and that the people who were once Fijian were now iTaukei. We took their racial descriptor, made it our nationality, and gave them a new racial descriptor (
iTaukei).
Then we all sat in a circle and sang kumbaya, and that was the end of racism in Fiji. #TrueStoryBro
I understand that they don't want foreign business people displacing local businesses. On the other hand, any law that discriminates on the basis of race is... racist.
There are always exceptions. I'm sure they can find an angle that Human Rights advocates can swallow. There are race-based policies like affirmative action in USA, Australia, and many other countries.
I'm sure there's something that would support this in the UN Declaration on the Rights of Indigenous People. I only skimmed through but Article 8 might be used for such an argument (I know it's a bit of a stretch):
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
EDIT: I'm not saying that restricting Nakamal ownership in Vanuatu to the indigenous population would be something I support. This is just (half) a thought experiment.