Clash of compo, law a dilemma

THE front page headline on Tuesday in The National, though shocking, cannot come as a surprise to many Papua New Guineans.
The news might paint a gloomy picture of Papua New Guinea to the outside world but to us, this practice is deeply-rooted in our traditions.
The news of this flagrant abuse of human dignity is highly uncalled for and the person or persons involved should be subjected to face the full brunt of the law.
But wait, here is where the dilemma starts, the clash of the Queen’s law and our own traditional law, or as we commonly refer to as customary laws.
Keep in mind that most of our societies began encroaching into civilisation only in the 19th century whilst most societies in the Highlands establish contact only in the 1930s.
The constitution allows for people accused of rape and other offences to be subjected to the law for a punishment deemed appropriate, according to the Criminal Code Act.
Whilst that may be so, most societies are still attuned towards settling for outside-court mediations before taking any further actions.
This is a real slippery slope to contend with having to deal with the justice system and on the other hand and considering tribal etiquette on the other.
I agree that the offender should be punished but to disregard the parties’ notion of an outside-court mediation might rub people the wrong way and might bring up more tensions.
The courts do have a compensation act which stipulates compensation on offences but the overall impact of that might be minimal compared to a traditionally-based compensation ceremony.
Like I said, it’s a real conundrum when trying to deal with compensations and the Queen’s law.

The Gambler,
Pom