Tag Archives: law

The Black Widow

[Originally published in the Vanuatu Daily Post’s Weekender Edition.]

I heard a fascinating tale the other day. A woman of my acquaintance, happily married with children, had apparently been married twice already. Each time, the husband had become abusive and, each time, had died suddenly, without explanation. Word was that she was adept at ‘posen’ – subtle potions that kill suddenly, hours or even days after their ingestion.

Whatever his motivation, her current husband was the model of good behaviour; he never ‘passed behind’ (the Bislama term for adultery) and looked after the children as if they were his own.

Doubtless polished and embellished in the telling, the story remains, at its core, perfectly credible. Spousal abuse is rampant in Vanuatu society, and the police, courts and kastom do almost nothing to protect women. It’s not at all beyond imagining that a woman might take matters into her own hands and act to stop her own suffering using whatever means necessary.

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Open Season

[This week’s Communications column for the Vanuatu Independent.]

With the recent passage of a new telecommunications Act (awkwardly titled the TELECOMMUNICATIONS AND RADIOCOMMUNICATION REGULATION ACT), Vanuatu has taken another important step in ensuring continued success in building openness and fairness into the business of communications.

Parts of the Act, currently awaiting the President’s signature, validate and give force of law to terms and conditions already included in the licenses issued to our two incumbent telcos. It also provides an overall framework for continued growth, expansion and innovation. Most importantly, it makes permanent the office of the Telecommunications Regulator.

(Before I go on, I should make it clear that the text of the Bill was under discussion until shortly before it was voted on. The version I was able to view was not the official text. That will only become available once the Clerk of Parliament receives the signed Act from the President. That said, I’m pretty confident that those parts of the Act discussed here are unchanged.)

Perhaps the most notable aspect of this new legislation is the delegation of the right to issue telecoms licenses to the Regulator. Until the Act takes effect, this power is retained by the Minister.

John Crook, the Interim Telecommunications Regulator, has made it clear that he wants to see the process of obtaining what’s termed a Telecommunications Operator License to be as simple and direct as possible. All that should be required to start a new Internet Service Provider is to demonstrate that you have the right to operate such a business in Vanuatu, that you have the means to do so and that you’re willing to play by the rules.

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Copyright and the Social Contract

[This week’s Communications column for the Vanuatu Independent. It’s a somewhat fleshed out and more rounded version of this essay.]

Since the arrival of the Internet, there’s been unceasing talk about the imminent demise of traditional publishing models (especially newspapers), the subversive effect of ‘free’ online content and the purported damage done by Peer to Peer ‘pirates’ sharing music, movies and other creative works. At the centre of all this debate over the imbalance that new technology has created between creator and consumer is the oft-ignored conclusion that copyright as a regime for encouraging creativity in modern society is simply unworkable on the Internet.

Pundits, lawyers and media distributors the world over continue fighting the tide, thinking they can shape the Internet to match their expectations concerning copyright. Instead, they should be shaping their expectations to match the Internet.

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Common Ground

[Originally published in the Vanuatu Daily Post’s Weekender Edition.]

Even 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.

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Protecting our Children

[This week’s Communications column for the Vanuatu Independent.]

Note: Because of public demand for a printable version of this column, here’s a PDF version of this week’s column.

This week, I’m going to give over much of my column space so that other voices can be heard.

Over the last two weeks or so, there’s been an animated and quite fascinating discussion on the VIGNET technical mailing list. VIGNET is a mailing list service provided by the Vanuatu IT Users Society (VITUS) in order to contribute to a public dialogue about all things to do with technology. With over 220 subscribers, it represents a significant number of people working in IT in Vanuatu.

Following the roll-out of Digicel’s GPRS mobile Internet service, concerns have been raised about children and youth in Vanuatu having access to unsuitable content, especially pornography, through their mobile phones.

With nearly 100 messages from dozens of different contributors, the discussion was illuminating, intelligent and remarkably respectful, especially given the delicacy of the topic. What follows is a small but representative sampling….

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Who We Are

[Originally published in the Vanuatu Daily Post’s Weekender Edition.]

After more than a month’s delay, prison escapee John Bule’s body was finally put to rest this week. While his family may have some degree of solace now that they can properly mourn his passing, and in spite of Government entreaties to allow the justice system to work, many feel that much remains to be said about how we treat our prisoners.

In a searing letter to the Editor earlier this week, one man described how his children and their nanny had been terrorised by knife-wielding thieves. The nanny was only saved from rape or worse by the man’s timely arrival.

“If we had Capital Punishment,” he writes, “I would gladly pull the trigger on this criminal.”

I know exactly how he feels. Nearly a decade after the fact, I have only to think about one man and I begin to shake with rage.

Years ago, I lived in a frontier town smaller than Port Vila. I found evidence that one of its residents had been molesting children for over a decade, and that one of them, a 12 year old girl, had since committed suicide.

I sat at home for hours, trying to decide whether to call the police, or simply to pull my rifle from its locker and shoot him myself. In the end, I picked up the telephone, not the gun.

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A Nation of Laws

[Originally published in the Vanuatu Daily Post’s Weekender Edition.]

Shortly before noon on Sunday, March 29, two Toyota pickup trucks arrived at a Malapoa residence occupied by 21 year old escaped convict John Bule, his girlfriend and their daughter, aged less than 2. Several men in plain clothes dismounted and entered the house in search of Bule.

Loud voices were heard from within the house, and 3 shots were fired, apparently as a warning. Nobody was hurt. Shortly afterward, John and his girlfriend were escorted from the house, their hands bound behind their back. They were placed together in the back of one truck and driven to the VMF barracks.

The girlfriend later recalled that she pleaded with those holding her to be allowed to return to her home and her daughter. She told them she’d done nothing wrong.

As she pled with them, she says, she heard her boyfriend John crying out in pain in an adjacent room.
Shortly before 2:00 p.m. that same day, authorities brought John Bule to Vila Central Hospital for treatment of wounds to both legs, both arms, his ribs, back and head, which had multiple lacerations, including a gash above his left eye about 10 cm. long and 3 cm. wide.

Soon after 4:00 p.m. Sunday, John Bule was pronounced dead.

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Perspectives on Privacy

[This week’s Communications column for the Vanuatu Independent.]

This week, the Australian government moved closer to implementing its controversial Internet Content Filter. The ICF represents the Rudd government’s latest attempt to curtail access to illegal or ‘unwanted’ online materials by requiring that all Australian Internet providers implement this filtering system. News sources report that the government has released the technical specification of its pilot implementation.

I’ve written before about the technical, ethical and legal problems surrounding this plan. I maintain that the system is ineffective and inappropriate, foisting a law enforcement role on the nation’s ISPs, and threatening free speech without providing sufficient protection from the very content it seeks to block.

With Internet deregulation on the horizon in Vanuatu, it seems timely to take a look at some of the basic issues underlying the debate.

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