Posted by PKJ Firstly, to say thanks to JAK and Hiuare for bringing up this issue here in our forum. Along with land issues this issue is one which, I believe, warrants closer inspection and consideration in a structured manner that could involve perhaps the convening of forums by our custom experts and chiefs to discuss the issue of compensation in areka. While custom is definately not my forte (those who may know me or my background don't need to here this admission from me) I tend to agree with what Hiaure stated as I also suspect, albiet with almost zero knowledge on custom and compensation issues, that our custom, in this instance those concerning compensation and its practice, has been open to influenced for good or bad by the introduction of modern day cash and market economy. Building on and perhaps expanding on what Hiuare mentions above when he talks of 'custom school' and 'application of areka compensation', I would also like to raise a few issues that arekas in this forum might throw some light on and help me clear up some questions I have regarding the issue of compensation in are are. Fellow arekas will have to forgive my biased disposition towards matters of a legal nature (the western legal system that is) but my query relates to issues regarding jurisdiction and application of areka compensation custom. With regards to jurisdiction - who has the power under areka custom to invoke areka compensation norms and customs? Is it strictly the domain of the chiefs and the elders? Is it the injured or their relatives and family? Perhaps in order to redress an imbalance caused by an individual or a collective in a community it might even be the perpetrator(s)themselves? Is it a matter that an individual can shoulder carry or is it community based? Does the answer to the above depend on the offence and the breached custom? Like Hiuare I too believe that the context in which areka custom is being applied has changed. However, the change in context and circumstance is, in my view, not only limited to the cash economy that has infiltrated our customs but other factors such as dispersement and the freedom of movement enshrined in our constitutions also play a role nowadays. In other words the mixing and mingling that we arekas are so good at. I would imagine that in the days of old those who were involved in compensation practices and ceremonies to redress a wrong against perhaps a person, a community or even a living or non-living subject which may possess properties which may have been violated, live in close proximity to each other. Perhaps, they might even be members of one family. The offender and the injured I assume would have literally been a stone's throw away. This assumption draws the inference that those involved know each other and were also knowledgable on what the norms, codes and standards are, when these are being breached,the value of what it takes to put things right again and perhaps most importantly, accept the ritual or ceremony and the act of compensation as a final remedy . Custom was a way of life and compensation or putting things right was part and parcel of it. I understand that there were codes that people lived by which every body knew. These days these codes have deteriorated due perhaps primarily to outside influences as mentioned by Hiuare and the free movement of people. How can custom adapt to accomodate these very real changes particularly when the issue of jurisdiction is raised? Connected to the issue of jurisdiction is application which Hiuare has also touched upon. Where does areka compensation apply or where should it apply? Unlike the past when I assume that most of the application would occur in a more confined area under a jurisdiction that can be easily established and is well defined, in this modern era, how wide can we apply areka compensation practices? For me it is quite straight forward if the offending act although done outside are are is being committed by an areka on another. What happens when the offending act is done by an areka on an non-areka, vice-versa, on neutral territory? What about internationally? Could I, as an areka, claim compensation from someone here in New York who has offended me in some way that I might think is against areka custom codes and norms? Some of the above questions may be rhetorical but the bottom line is, who is bound by the areka code? Perhaps its only those who consent to be so bound, areka or otherwise. In other words one is bound by choice. Perhaps its a matter of the heart. I guess the above queries would be addressed in the custom school as suggested by Hiuare. I feel though that we have to be mindful that the context has changed and people will need to acknowledge this. Compensation in custom is a sacred way that, as Hiuare puts it, allows for the amicable dispute settlement. Hence, it my view, that it deserves our immediate attention to seriously address the issue in a constructive manner and perhaps institutionalize it as Hiuare suggests. Of course an awareness programme is equally important here should this be carried forward. Are Are could kick start such a process. I'll stop here. mi no moa PKJ
on 19/11/2003, 10:11 am, in reply to "Re: MALA COMPENSATION"
157.150.194.10
Fellow Arekas,
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