By Sinclair Dinnen, Anita Jowitt, Tess Newton
With their wealthy traditions of clash solution and peacemaking, the Pacific Islands offer a fertile surroundings for constructing new techniques to crime and clash. Interactions among formal justice structures and casual equipment of dispute solution comprise precious insights for coverage makers and others attracted to socially attuned resolutions to the issues of order which are came across more and more within the Pacific Islands as somewhere else. individuals to this quantity comprise Pacific Islanders from Vanuatu, Fiji, the Solomon Islands, Papua New Guinea together with Bougainville, in addition to outsiders with a longstanding curiosity within the sector. they arrive from a number of backgrounds and contain felony justice practitioners, students, conventional leaders and group activists. The chapters take care of clash in a number of contexts, from interpersonal disputes inside of groups to large-scale conflicts among groups. it is a booklet not just of reports but additionally of sensible versions that mix diversified traditions in inventive methods and that supply the possibility of creating extra sustainable resolutions to crime and clash.
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Extra resources for A Kind of Mending: Restorative Justice in the Pacific Islands
Such decisions are not only inequitable and discriminatory, they are also in breach of state law. They often involve Village Court magistrates exceeding their jurisdictional powers under the Village Courts Act, and they are also likely to be contrary to human rights provisions under the Constitution. However, the solution to this problem is not simply to abandon the Village Courts as an institution that inevitably promulgates divisions and inequities rooted in traditional or customary beliefs. This would be to ignore the significant contribution made by these courts to the maintenance of order at local levels.
Law, Courts and Legal Services in Pacific Societies’: pp 8–9 Gordon, Robert 1983. ‘The decline of the kiapdom and the resurgence of “tribal fighting” in Enga’ Narakobi, Bernard M 1983. The Melanesian Way Constitution of the Independent State of Papua New Guinea. Papua New Guinea Law Reform Commission (PNG LRC) 1977. The Role of Customary Law in the Legal System Takoa, T and John Freeman 1988. ‘Provincial Courts in the Solomon Islands’ Bulu, Hamlison 1988. ‘The Judiciary and the Court System in Vanuatu’ Nadakuitavuki, Viliame D 1988.
27 Given that Village Courts usually operate alongside a number of unofficial community-based forums, many villagers expect them to be more formal in character. The operation of these courts varies significantly between different parts of the country. This variation is, in part, 17 18 a kind of mending evidence of how well these courts have adapted to local circumstances as intended originally. At the same time, adaptability can also become a source of injustice. 28 Women accused of adultery have been imprisoned while their male accomplices have gone unpunished.