John Rambo was the customary owner of a piece of land frequented by tourists well known for its pristine beach. Income from tourists was John's and his family's primary source of income. With his first wife he had only one daughter named Pommy and with his second wife Julie he had one son named Charles. After John passed away, Charles became head of the clan and following customary land inheritance laws on their island, he assumed 2 ownership of the land. Julie has since remarried and now has another son (Frank) from her new marriage. Julie had married out to the next village and according to custom, the land only passes through the male heirs. Charles did not share customary title or income from the land with Pommy or Frank. Under the Constitution of their country, Oceania, customary law is the basis of land ownership. Below are the relevant provisions: 22. Land belongs to customary owners All land in Oceania belongs to the indigenous customary owners and their descendants. 23. Basis of ownership and use The rules of custom shall form the basis of ownership and use of land in Oceania. 24. Perpetual ownership Only indigenous citizens of Oceania who have acquired their land in accordance with a recognised system of land tenure shall have perpetual ownership of their land. The Constitution of Oceania also has provisions confirming that customary law is part of the law of Oceania: 55. Existing law ... (2) Until otherwise provided by Parliament the colonial laws in force or applied in Oceania immediately before the Day of Independence shall on and after that day continue to apply to the extent that they are not expressly revoked or incompatible with the independent status of Oceania and wherever possible taking due account of custom, (3) Customary law shall continue to have effect as part of the law of Oceania. However, the Constitution is also stated to be the supreme law of Oceania: 2. Constitution supreme law The Constitution is the supreme law of Oceania. The current Minister of Lands has recently proposed some amendments to the Constitution to re-emphasise the preamble in the fundamental rights provisions, which may have some impacts on customary land ownership laws. 3 Below is the preamble, the relevant fundamental rights provisions and the proposed changes, Preamble WE, the people of Oceania PROUD of our struggle for freedom, DETERMINED to safeguard the achievements of this struggle, CHERISHING our ethnic, linguistic and cultural diversity, MINDFUL at the same time of our common destiny, HEREBY proclaim the establishment of the united and free Oceania founded on traditional Melanesian values, faith in God, and Christian principles, AND for this purpose give ourselves this Constitution. 5. Fundamental rights and freedoms of the individual ... (1) Oceania recognises, 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 or traditional beliefs, political opinions, language or sex but subject to respect for the rights and freedoms of others and to the legitimate public interest in defence, safety, public order, welfare and health .... (j) protection for the privacy of the home and other property and from unjust deprivation of property; (k) equal treatment under the law or administrative action, except that no law shall be inconsistent with this sub-paragraph insofar as it makes provision for the special benefit welfare, protection or advancement of females, children and young persons, members of under-privileged groups or inhabitants of less developed areas. Proposed Amendments to s5(1) After "public order, " and before "welfare and health- ", insert "respect for traditional customs and customary law" Question: Both Frank and Pommy visit your law office for legal advice regarding their right of inheritance to the land. Pommy, a current law student at the University of Oceania is keen to have a share in the land to help her start her own firm when she graduates. Having gone through the Constitution of Oceania and found out that Oceania has recently ratified the UN Convention on the Elimination of Discrimination Against Women (CEDAW) she is of the opinion that she might have a chance to challenge the current status quo. 4 Advise both Pommy and Frank of their prospects for success