Human, All Too Human
Saturday, March 13th, 2010People often complain that the Law is impersonal, an uncaring instrument whose application too often punishes the innocent and allows the guilty to walk free. In practice, it is capricious and too often selectively applied. All of this is true, from time to time.
But the alternative is summary judgment and mob justice. Far too often, they’re driven by hysteria and a deep-seated desire to find a scapegoat in order to externalise the worst aspects of human nature that exists within all of us. A recent Daily Post story on the recent murders Lolowei village reports that villagers had long made use of the two accused poisoners to settle their own petty differences.
The very people who had commissioned these despicable acts were the brothers’ accusers and ultimately their executioners.
Gift Economy – Ctd.
Sunday, September 20th, 2009Last week’s column on the relationship between chiefs, politicians and public servants provoked a good deal of discussion at the nakamal over the course of the week. Nobody contested the idea that we need to stop treating core government services as gifts to be doled out to political supporters. But there was some divergence of opinion regarding what changes, if any, were required.
Perhaps most interesting of all, nobody questioned the involvement of cabinet ministers in ensuring service delivery. The question was not whether the Minister should get involved in service delivery, but how he should do so.
Students of government from overseas might find themselves squirming at the very thought of such a question. The strong separation of politics and administration is one of the basic principles of the Westminster tradition. Many – if not most – of the major scandals in Vanuatu politics since Independence have been the result of the politicisation of roles and responsibilities in public service delivery.
Gift Economy
Sunday, September 20th, 2009If the people of Vanuatu were to begin thinking about access to power, water and other basic infrastructure as their right, rather than a privilege to be bestowed pre-election from some big man or other, how would the party bag men keep a hold on their constituency?
It’s a perversely counter-intuitive situation, but it amounts to this: Vanuatu has grown exactly as it knows best, but by applying its own most effective social tools, it’s closing its eyes to certain possibilities. And the most significant of these are reliable, consistent basic services.
In fairness, it must be said that there are more than a few in high office who care quite deeply about this problem, and who would do more about it if they could. There are several projects underway to bring a modicum of predictability and reliability to public services. The most notable are the sub-projects designed to strengthen Public Works in their ability to service and maintain the new MCA roads.
But too often, our big men are content to manoeuvre within the confines of the traditional patronage
Action and Reaction
Saturday, August 15th, 2009The increasing – but certainly not intractable – tension that exists between the traditional and modern economies needs to be reconciled. Before that can happen, though, a great deal more research will be required.
The process of understanding will be a messy, decidedly un-scientific affair. While Vanuatu’s economic managers have made great strides in systematising their economic analysis, their tools and metrics just don’t translate usefully into the custom economy. While the movement of cash can ultimately be tracked as closely as time and resources allow, the same cannot reasonably be said about the often intangible inputs and outputs of the kastom economy.
It’s one thing to draw up a spreadsheet of VAT revenues per sector and use them to extrapolate domestic business activity. It’s another thing entirely to track the movement of mats and yams between families and to infer from them the potential for employment stability brought about by renewed alliances.
Common Ground
Saturday, June 27th, 2009Even in the decades before Jimmy Steven’s Nagriamel movement, land has been at the core of ni-Vanuatu politics and society. Many battles have been fought – and far too many lost – over land rights.
Justin Haccius, a legal researcher for the World Bank’s Jastis Blong Evriwan project, has been looking at this issue for some time now. The conflict between kastom and law, he says, is one of the central issues affecting Vanuatu society today. The problem, as he sees it, is simple: “The system of the majority is not the system of the State.”
In a briefing note titled “Coercion to Conversion: Push and Pull Pressures on Custom Land in Vanuatu” Haccius highlights some of the pressures brought to bear on kastom land owners in their efforts to derive value from their land without becoming completely disenfranchised in the process.
Who We Are
Tuesday, May 12th, 2009A society is defined by how it treats those in its care. In Vanuatu, that often means that community rights trump the individual’s. In the Western legal justice system, individual rights are paramount. This creates a tension that subverts the ability of the community to police itself. In Vanuatu’s case, it erodes the chief’s mandate with regard to justice and social order, placing police and legal justice in his place. If they fail, the entire system fails.
More than anything else, kastom’s continuing influence has kept Vanuatu from falling into the same pit of lawlessness and disorder as PNG and the Solomons.
It is not, therefore, the mere idea that the VMF beat and killed Bule that I find troubling. It is the fact that, by allowing some to act without restraint, without any rules whatsoever, we as a society are moving further towards a culture that sanctions lawlessness. We have only to look at Port Moresby, with its rampant, uncontrollable violence and its often deadly law enforcement, to see where Port Vila will be in a decade.
If, that is, we don’t take steps now to bring our troublemakers back within society’s grasp.
Words for Words
Monday, January 26th, 2009Words have consequences; there can be no doubt of that. And when they are published in the Vanuatu’s newspaper of record (such as it is), they take on additional weight. But when all is said and done, they are still words.
They deserve a response in kind. Whatever its purported shortcomings, the Daily Post does not failed to publish corrections, opposing opinions and even letters angrily denouncing stories published within its covers. No matter what we think about this particular pulpit, we cannot deny that it belongs to us all.
A Matter of Justice
Saturday, December 20th, 2008It’s easy to say that prisoners deserve what they get, that they’ve made their bed and now they should lie in it. And it’s true, to a degree. But there is a point past which a man ceases to be a man. The measure of our society, of our capacity to care for one another, is made according to where we draw that line. There is nothing in kastom or natural justice that condones crossing that threshold.
The great comfort of kastom is that every person has their place, in life, in the village, in the world. The government needs to commit to building a new prison and to allowing our chiefs to continue to watch over their children. If it does –when it does – it will ensure that conditions will improve, both for our prisoners and for society as a whole.
Lost in Translation
Tuesday, December 16th, 2008The continuing confrontation between the government of Vanuatu and business interests over recent amendments to the Employment Act is being exacerbated by failures in translation. Either through unwillingness or inability to bridge the gap between cultures, needs and concerns, people on both sides of the issue now find themselves staring each other down.
The fuse has been lit on an issue that could have explosive impact on ni-Vanuatu and expat alike, but nobody seems to be able to step forward and quench it.
Just Desserts
Saturday, November 22nd, 2008A congenital weakness in Vanuatu politics is the lack of real opposition. In most parliamentary democracies, the term ‘loyal Opposition’ is more than just a pleasant bromide, serving only to placate the loser. It’s an effective reminder that policies must be publicly, thoroughly and constructively scrutinised and critiqued. The give-and-take of parliamentary debate is the most valuable service MPs can render their constituents.
In Vanuatu, however, there is little if any critical evaluation of policy and legislation. Rather than accepting the implicit legitimacy of the ruling coalition and performing the integral public service of scrutinising its every action, the Opposition fritters away its political capital in a petty game of parliamentary musical chairs.
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