NCJ Number
60215
Date Published
1979
Length
32 pages
Annotation
IN 1973, THE VILLAGE COURTS ACT WAS ENACTED IN PAPUA NEW GUINEA MARKING LEGAL ENFORCEMENT OF NATIVE CUSTOMARY LAW BY PROFESSIONAL AND SEMIPROFESSIONAL NATIVE MAGISTRATES FOR THE FIRST TIME SINCE COLONIZATION.
Abstract
ALTHOUGH PAPUA NEW GUINEA SOCIETIES WERE WITHOUT FORMAL GOVERNMENT PRECOLONIALLY, NATIVE CUSTOMS WERE ENFORCED THROUGH A COMBINATION OF SOCIAL CONTROL AND KINSHIP JUSTICE. WHEN THE BRITISH AND GERMANS TOOK OVER, THEY INTRODUCED THEIR OWN LEGAL SYSTEMS AND THE BRITISH INSTALLED THEIR OWN COURT AUTHORITIES. THE ORDINANCE FOR THE BETTER REGULATION OF NATIVE AFFAIRS OF 1889 AND THE LAW REPEAL AND ADOPTING ORDINANCE OF THE 1920'S (BOTH LEGACIES OF THE BRITISH) RECOGNIZED NATIVE CUSTOM BUT DID NOT SET UP LEGAL AUTHORITY FOR ENFORCEMENT. THE GERMANS CONFERRED LIMITED JUDICIAL POWERS ON TRADITIONAL NEW GUINEAN OFFICIALS OR 'LULUAIS' BUT DID NOT GIVE THEM AUTHORITY TO ENFORCE DECISIONS. STILL, NATIVE METHODS OF DISPUTE SETTLEMENT PERSISTED IN THE COLONY, ALTHOUGH THE AUTHORITY OF LOCAL TRIBAL OFFICIALS WAS INCREASINGLY UNDERMINED BY SUCH FACTORS AS THE TREND TOWARD URBANIZATION, THE SPREAD OF WESTERN EDUCATION, AND THE ADOPTION OF CHRISTIAN MORALITY. AFTER WORLD WAR II, THE BRITISH WISHED TO ESTABLISH A LOCAL SYSTEM OF GOVERNMENT USING NATIVE JUDGES TO ENFORCE CUSTOMARY LAW, BUT THEIR FEAR OF POSSIBLE CORRUPTION AND PARTIALITY IN SUCH COURTS, AND CONCERN THAT PRINCIPLES OF BRITISH JUSTICE MIGHT BE JEOPARDIZED CAUSED THEM TO HESITATE. FINALLY, IN 1963 THE VILLAGE COURTS ACT WAS PASSED, PROVIDING FOR A LOCAL COURT SYSTEM WITH MAGISTRATES INDIRECTLY ELECTED BY THE POPULACE. BY THE MID-1970'S 246 SUCH COURTS EXISTED IN THE TERRITORY TO HEAR ALL TYPES OF CIVIL, CRIMINAL, AND CUSTOMS CASES. MAJOR PROBLEMS OF THESE COURTS TEND TO BE THEIR FRAGMENTED NATURE AND OVERLAPPING JURISDICTIONS COUPLED WITH THE OVERCAUTIOUS, RESTRICTIVE ATTITUDE TOWARD THEM BY THE BRITISH AUTHORITIES. EXTENSIVE FOOTNOTES ARE PROVIDED. (DAG)