Compensation custom can work for PNG

Nothing is as outrageous as ignoring customary norms when trying solve conflicts outside courts.
Compensation claims made outside courts are one of the most common customary practices which many people in Papua New Guinea are familiar with and embrace.
It has shaped our lives by providing stability, peace, order and friendship within and without our communities, tribes and provinces.
It also has been described as the best way of satisfying the equity aspects of law through a simple but effective adjudication process.
However, recently it has been abused by ‘jungle justice’.
People who lack morality abuse the extra-legal adjudication process by bribing and threatening village court officials.
Using this corrupt tactics, they make exorbitant or even outrageous compensation claims for damages.
In most instances, the court cases are often extremely unfair and fail to resolve the dispute.
In Southern Highlands, death in road accidents have been labelled as murder, and compensation claims per death have exceeded the million kina.
Also, deaths from unknown reasons or those which have not been ascertained through a medical certificate or coroner’s report have been blamed on sorcery, and again outrageous compensation claims have been brokered and even innocent lives have been taken through unprovoked retaliation against the suspects.
Moreover, people demand too much in compensation.
In most cases, there is no legal basis and often leave issues unresolved. The local courts are often heavily involved, undermining the rule of law.
Precisely, everyone forgets to uphold customary norms when claiming compensation or resolving disputes.
All these are happening despite the government’s attempt to improve and revamp the local courts in the country.

Samage Mena
L/Kutubu, SHP