The Snake Bone Case: Law,Custom, and Justice in a Papua New Guinea Village Court

One of the outcomes of judgmental administrative attitudes toward indigenous praxis in colonial Papua New Guinea was a convention that an antagonistic relationship existed between European law and ‘native custom‘. By the end of the colonial period the defence of ‘custom’ had become part of an anti-colonial polemic among indigenous intellectuals and politicians. The Village Court system was established in this rhetorical climate. Its mission, reinforced in legislation, included the favouring of ‘custom’ in the dispensation of justice. Subsequent academic and journalistic commentaries on the development of the Village Court system have perpetuated a binary notion of the relationship between law and custom, whether portraying it as antagonistic or articulatory. This article focuses on a single case from a Port Moresby village court, involving an accusation of attempted sorcery. The case raises questions not only about the validity of the discursive law/custom dichotomy but about the notion of custom itself in the context of the dispensation of justice in contemporary Papua New Guinea. It is suggested that in village court praxis, the notion of custom serves the exploitation of village court officers as cheap labour in the justice system.     

Research and Rhetoric on Women in Papua New Guinea's Village Courts

This paper addresses a recent and popular rhetoric in academic literature that women are discriminated against, often in the name of ‘custom‘, in the male‐dominated village courts of Papua New Guinea. The rhetoric is interrogated with reference to academic research findings and reports since the early days of the legislatively introduced village court system, and to data from the author's own research in recent years. On the basis of these two sources, it is argued that the evidence does not support the rhetoric, and further that the latter does less than justice to grassroots women in Papua New Guinea by portraying them as relatively passive victims of village courts. On the contrary, fieldwork research findings indicate that women are confident and reasonably successful disputants and that village courts are a community‐level resource which is becoming increasingly useful for grassroots women with limited avenues for seeking justice and recompense.     

Digital heritage in a Melanesian context: authenticity,integrity and ancestrality from the other side of the digital divide

This article examines how digital heritage, in the form of 3D digital objects, fits into particular discourses around identity, ancestrality and cultural transmission in Melanesia. Through an ethnographic analysis of digital heritage use amongst the Nalik community in New Ireland (Papua New Guinea), it demonstrates how digital heritage is understood not in terms of deceit and a loss of authenticity, but instead, towards an understanding of authenticity in terms of completeness and integrity. A notion of completeness and integrity, I argue, has the effect of creating an authentic experience of the past for Nalik communities by bringing back museum objects (‘old’ objects) that have been dispersed amongst museums and heritage institutions worldwide. In tracing out the operations and effects of how a Melanesian community engages with 3D digital objects, this article offers unique ethnographic insights into digital heritage in ways that challenge widely-held assumptions about the heightened value placed on the original object over its digital counterpart.     

Mapping Common Futures: Customary Communities,NGOs and the State in Indonesia's Reform Era

The post‐Suharto ‘Reform Era’ has witnessed explosive revitalization movements among Indonesia's indigenous minorities or ‘customary’(adat) communities attempting to redress the disempowerment they suffered under the former regime. This study considers the current resurgence of customary claims to land and resources in Bali, where the state‐sponsored investment boom of the 1990s had severe social and environmental impacts. It focuses on recent experiments with participatory community mapping, aimed at reframing the relationship between state and local institutions in planning and decision‐making processes. Closely tied to the mapping and planning strategy have been efforts to strengthen local institutions and to confront the problems of land alienation and community control of resources. The diversity of responses to this new intervention reflects both the vitality and limitations of local adat communities, as well as the contributions and constraints of non‐governmental organizations that increasingly mediate their relationships to state and global arenas. This ethnographic study explores participants’ experiences of the community mapping programme and suggests its potential for developing ‘critical localism’ through long‐term, process‐oriented engagements between communities, governments, NGOs, and academic researchers.     

Politicized Ecology: Local Responses to Mining in Papua New Guinea

Our paper draws on research in two sites where large goldmining projects are located — Misima and Lihir islands in Papua New Guinea. We examine the socio‐economic context in which criticisms of environmental degradation arise. We discuss the social and political meanings embedded in local demands for compensation for environmental damage, drawing attention to the disparities between local Melanesian conceptions of the environment and global, Western ideas that inform international environmentalist criticisms of mining. We dispute the ‘romantic primitivism’ of some environmentalist discourse, using the work of ethno‐ecologists and case studies of specific incidents on these islands, contesting the view that there is a natural conservationist ethic in Melanesia. The image of the ‘noble primitive ecologist’ that some environmentalists appeal to, would in most circumstances be rejected by Melanesians as racist and paternalistic, but is embraced as a strategy in conflicts with mining companies and when making legal claims for compensation. Alliances formed between landowners, environmentalists and western lawyers against mining companies such as BHP and Rio Tinto are based more on shared political ends than on the epistemological consistency of their perceptions of environmental damage from mining. Local Melanesian communities claim sovereignty over all resources and their compensation claims for environmental degradation constitute a new form of resource rent.     

Rethinking Western Motu Descent Groups

The Motu‐Koitabu are the traditional inhabitants of the site of Papua New Guinea's capital city, Port Moresby, and well represented in a body of literature, from the 1870s on, encompassing oral history, archaeology and social anthropology. A basic unit of Motu‐Koitabu society is the iduhu, a corporate group which is nowadays conventionally glossed locally as a ‘clan’ in English, but represented in anthropological literature as more ambiguous in nature than the gloss implies. Considering the literature in the light of recent fieldwork in a Motu‐Koitabu village, this article takes issue with an argument developed in the 1950s, which has become an accepted wisdom, that the structure of iduhu was threatened by the social consequences of missionisation and colonialism, and that iduhu were saved from collapse by new leaders, church deacons, who replaced traditional leaders. A re‐examination of the nature of iduhu, a partial reinterpretation of notions of leadership and prestige and an account of two recent disputes brought to a village court inform an argument that iduhu have been more resilient than previous researchers have thought. In this regard concepts of leadership among the Motu‐Koitabu need clarification, and it is suggested that the importance of landholding has been underestimated in previous attempts to understand what iduhu are.     

Christian Marriage,Money Scams,and Melanesian Social Imaginaries

In this paper, we draw on fieldwork with middle‐class investors in ‘fast money schemes’ (Ponzi scams) to consider how Neo‐Pentecostal Christianity may be mediating social and economic change in Papua New Guinea, particularly in relation to gender equality. Ideas of companionate marriage and the cultivation of an affective self imply masculinities that are more sensitive and less domineering. As these images of fulfilled modernity flow out from Pentecostal churches into broader Papua New Guinean society, they corroborate Taylor's theory of how change occurs within the modern social imaginary.     

The Gender of the Cosmos: Totemism,Society and Embodiment in the Sepik River

This article contributes to recent research on the foundations of society in Melanesia, both in terms of local representation and actual social practice, as well as body imagery and gender. I have three interrelated objectives. First, I present new data on the symbolism and politics of Eastern Iatmul cosmology and totemism (Sepik River, Papua New Guinea). Second, I engage Harrison's distinction between magical and material, or realist and nominalist, polities in Melanesia. Eastern Iatmul society is represented by totemic names and categories. Yet society also requires human agents to embody named entities: men rarely assert the existence of cosmological categories that are divorced entirely from the realm of human action. This is a key difference between Eastern Iatmul and other Sepik societies such as Manambu. Finally, I argue that there is a symbolic homology between the gendered human body, the body politic and the cosmos, an important perspective that has been lacking in Melanesian comparative studies. Totemism for Eastern Iatmul is largely a realm of male ritual-politics. Nevertheless, an idiom of maternal fertility and reproduction is salient in the local cosmology. For this reason, the gender of the cosmos, to invoke Marilyn Strathern, is androgynous.     

Christianity,Tradition, and Everyday Modernity: Towards an Anatomy of Women's Groupings in Melanesia

This paper approaches its central theme of women's groupings in Melanesia via critique of several longstanding shibboleths, including examples of their strategic appropriation by indigenous people. These stereotypes include the romantic image of rural dwellers as pre‐modern traditionalists on whom Christianity is an imposed foreign veneer; the hoary rhetorical opposition of ‘West’ and ‘non‐West’/modernity and tradition/individual and community; and the pervasive essentialization of Melanesian women as ‘naturally’ family‐oriented, communitarian, and less individualistic and competitive than men. Seeking patterns in regional diversity and fragmentation, the paper examines cultural, historical, and structural correlates of a wide range of women's groupings, including National Councils of Women, church women's organizations, and the largely self‐financed local church fellowship groups which are growing steadily in number and significance in the virtual absence of effective state institutions. Increasingly, women's groupings are complementing their traditional Christian spiritual, domestic, and welfare concerns with attention to global feminist, human rights, and ecological issues which are often reworked locally into scarcely recognizable shapes. Eschewing romanticization, the paper considers the potential and the problems of women's groupings in male‐dominated Melanesia, including women's own divisions and their typical aversion to assuming public responsibilities.     

Totem and Transaction: the Objectification of ‘Tradition’ Among North Mekeo

Most recent treatments of Melanesian post‐contact change have presumed that objectifications of ‘culture’ and ‘tradition’ have intensified and proliferated in response to the forces of colonialism and the penetration of the nation‐state. Harrison (2000) has recently argued, however, that in pre‐colonial times too Melanesians characteristically objectified their cultural practices and identities as ‘possessions’ that could be readily exchanged or transacted. Supposedly, the key difference between the two eras has accorded with different formulations of ‘property’: ‘private property’ and the logic of ‘possessive individualism’ in the post‐contact era; and ‘trading and gift‐exchange systems’ or ‘prestige economies’ in pre‐contact times. In this article I examine Harrison's portrayal of Melanesian cultural practices as ‘possessions’ and the notions of ‘property’ that he sees as key to the cultural objectification in both pre‐ and post‐colonial settings with reference to ethnographic and historical information regarding the North Mekeo peoples of Papua New Guinea. I argue from the perspective of the New Melanesian Ethnography that Harrison's view of pre‐contact prestige economies and trade and gift exchange systems retains several misleading a priori assumptions about ‘commodity exchange’ and, illustrating the potential of the New Melanesian Ethnography for historical applications, that he overemphasizes the extent to which post‐contact changes in cultural objectification have involved individualised and commodified forms of property. Consequently, in the case of North Mekeo, both the continuities and the changes between pre‐ and post‐contact cultural objectifications may have proceeded differently from the ways Harrison has outlined for Melanesia generally.     

PROSPECTS OF VILLAGE DEATH IN ILAHITA

The history of settlement in Ilahita village, an Arapesh community in the East Sepik Province, Papua New Guinea, is pronounced by incessant, behaviourally mediated adjustments between changing internal and external social environments. Having grown to immense size and structural complexity partly in response to Abelam encroachment and cultural exportation, Ilahita began to come apart once warfare was suppressed in the 1950s. The twin processes of social denucleation and physical disintegration have greatly accelerated during the post-independence period, as new religious, economic, and legal institutions, along with galloping population growth, combine to promote a shift from collectivist to individualist modes of social agency and identity. Despite the novelty of these circumstances, village death in Ilahita signals a reversion toward the kind of settlement which existed before the village was ever born. The case of Ilahita is presented for its ethnographic interest and as an illustration of settlement dynamics which perhaps occur more generally under Melanesian social, cultural and historical conditions.     

The Last Big Man: Development and Men's Discontents in the Papua New Guinea Highlands

Big Men achieve that status by making good things happen for others as well as for themselves. In the minds of many Papua New Guineans development promises a direct route to becoming Super Big Men and Women. Mostly, however, it produces inequality and conflict. This is striking in places peripheral to major developments and in situations where not everyone benefits (e.g. compensation to ‘local landowners' - narrowly defined by mining companies - and lucrative urban employment - enjoyed only by the few, mostly male elite). Uneven development pits men and women, parents and children, and whole communities against one another as those less fortunate fail to match the generosities or competition of more prosperous exchange partners. In this article, I look at development through the eyes of one self-proclaimed ‘last Big Man’. As a youth, Ruge participated in male initiation and worked for the colonial outsiders, hoping to manipulate both old and new systems. He married several wives in the tradition of past Gende leaders but chose one because she had been to school, knew the ways of Europeans and had a keen business sense. In spite of what looked like the right moves and a sincere concern for his followers, Ruge could not prevent his society from being ravaged by inequality or help a growing number of bachelors afford expensive brideprices as more and more village girls married wealthy strangers from other parts of Papua New Guinea. In the end, a clan brother killed Ruge in an argument over land, making Ruge a victim to capitalist development's indifference to local traditions of family, reputation, and leadership.     

Stating the Difference: State,Discourse and Class Reproduction in Uttar Pradesh,India

Much development literature concerned with state–society relations operates with a simplistic state–people dichotomy. In contrast, this article focuses on the intersection between state and society and argues that this plays an important part in class reproduction in ‘civil society’. This issue is explored with reference to the role of the local state in class reproduction in the Indian countryside. The focus is on the means by which rural social groups negotiate access to the local state and discourses surrounding the state. The balance of colonization, co‐option and opposition that characterizes the relationship between dominant rural classes and local state officials/institutions is examined against the impact of the rise of a populist low class party. It is argued that the intersection between ‘class’ and ‘state’ is closer than even critical studies of state–society relations have posited. Moreover, the state can, within certain limits, be brought to serve interests other than those of the dominant classes.     

Marketplaces and Morality in Papua New Guinea: Place,Personhood and Exchange

In Papua New Guinea (PNG) more rural people, and especially rural women, earn cash from selling in marketplaces than from any other source. PNG's marketplaces are critical for food security, and for the redistribution of wealth. They are also important meeting places where people gather to see friends, hear the latest news, attend court cases, play cards and be entertained. This introduction to this special issue on ‘Marketplaces and Morality in Papua New Guinea’ reviews the history of PNG marketplaces and their contemporary forms. It charts their transformation from introduced colonial spaces into dynamic Melanesian places, which, as places to buy, sell and socialise, have become pervasive institutions in the lives of both urban and rural Papua New Guineans, and places where people interact with both known and unknown others. From this, marketplaces emerge as important spaces of moral evaluation and contestation in relation to what constitutes morally acceptable exchange and what practices are acceptable in these places. The paper demonstrates that exchange in the marketplace should not be reduced to commodity transactions, and questions assumptions about the types of people marketplaces create. It argues that the country's marketplaces are productive sites to consider ideas of exchange, social relations and social personhood, and that there is a critical need to understand the concrete details of what takes place in contemporary marketplaces.     

Enrolling the Private Sector in Community Development: Magic Bullet or Sleight of Hand?

The role of the private sector in international development is growing, supported by new and evolving official programmes, financing, partnerships and narratives. This article examines the place of the private sector in ‘community development’ in the global South. It situates corporate community development (CCD) conceptually in long‐standing debates within critical development studies to consider the distinct roles that corporations are playing and how they are responding to the challenges and contradictions entailed within ‘community development’. Drawing on field‐based research across three different contexts and sectors for CCD in Fiji, Papua New Guinea and South Africa, the article suggests that caution is required in assuming that corporations can succeed where governments, non‐governmental organizations (NGOs) and international development organizations have so often met with complex challenges and intractable difficulties. We argue that four specific problems confront CCD: (a) the problematic ways in which ‘communities’ are defined, delineated and constructed; (b) the disconnected nature of many CCD initiatives, and lack of alignment and integration with local and national development planning policies and processes; (c) top‐down governance, and the absence or erosion of participatory processes and empowerment objectives; (d) the tendency towards highly conservative development visions.     

‘Your work is of no use to us…’: Administrative interests in ethnographic research (West New Guinea, 1950–1962)

Abstract

The extent of customary land in Samoa and the laws pertaining to its protection create a presumption of state dependence on the regulation of custom in effecting state policies within local contexts. The principal means of regulating custom in Samoa has been and continues to be through state court adjudication of conflicts over customary land and chiefly titles. The transitive nature of ‘custom’ and conceptions of ‘custom’ in Samoa created an opening for court influence in the construction of custom, if not custom's partial reinvention through the agency of the courts. This occurred principally through the courts’ privileging principles of English common law in confirming asserted land rights generally considered unenforceable at the time of Samoa's political partition. The courts re‐interpreted as customary, conceptions of land rights the colonial state's influence attempted to effect within Samoan society. But the source of the changes, and the courts’ role in promoting them, tended not to be equally reflected upon. To the extent such influence is ignored in analyses of Samoan land tenure and customary law, and reproduced within state policies and court adjudication of conflict, custom's social construction is left unexamined, assumed to be more general than it is, and likely to exacerbate tensions and conflict within Samoan society rather than reduce them.     

Decentralization,the State and Conflicts over Local Boundaries in Northern Ghana

Decentralization projects, such as that initiated by the Rawlings government in Ghana at the end of the 1980s, create a political space in which the relations between local political communities and the state are re‐negotiated. In many cases, the devolution of power intensifies special‐interest politics and political mobilization aiming at securing a ‘larger share of the national cake’, that is, more state funds, infrastructure and posts for the locality. To legitimate their claims vis‐à‐vis the state, civic associations (‘hometown’ unions), traditional rulers and other non‐state institutions often invoke some form of ‘natural’ solidarity, and decentralization projects thus become arenas of debate over the boundaries of community and the relationship between ‘local’ and national citizenship. This article analyses one such debate, in the former Lawra District of Ghana's Upper West Region, where the creation of new districts provoked protracted discussions, among the local political elite as well as the peasants and labour migrants, about the connections between land ownership and political authority, the relations between the local ethnic groups (Dagara and Sisala), and the relevance of ethnic versus territorial criteria in defining local citizenship.     

Keeping the Network out of view: Mining,Distinctions and Exclusion in Melanesia

ABSTRACT This paper examines the ‘property effects’ surrounding competition over access to mining benefits in Papua New Guinea. Under conditions of rapid social change engendered by large scale resource extraction, Lihirian islanders have increasingly recalibrated their social networks, manifest through shifting notions of sociality and obligation, and ownership strategies that seek to limit other people's claims to wealth. These local changes are paralleled by larger and more paradoxical processes: although the state uses the mining project to consolidate itself, Lihirians have consistently challenged the state through their attempts to appropriate the mine for their own ends. By keeping the multiple layers of their social networks out of view, Lihirians deny the connections that can provide others with access to benefits. In considering the strategic responses to the inequalities, discontents and inconsistencies of life in modern Papua New Guinea, it becomes apparent that questions of property are simultaneously questions about identity and belonging.     

Relational Economies,Social Embeddedness and Valuing Labour in Agrarian Change: An Example from the Developing World

A relatively neglected area of research on agrarian and economic change is the role of indigenous concepts of labour value in the transition from subsistence to market production. In West New Britain Province, Papua New Guinea, the presence of a migrant population on an oil palm land settlement scheme (LSS) in close proximity to village‐based oil palm growers, provided an opportunity to examine changing notions of labour value through the lens of smallholder productivity. Voluntary settlers on the LSS are experiencing population pressure and are highly dependent on oil palm for their livelihoods. In contrast, customary landowners in village settings produce oil palm in a situation of relative land abundance. By examining differences in how these two groups practise and value commodity production, the paper makes four key points. First, concepts of labour value are not static and involve struggles over how labour value is defined. Second, the transition to market‐based notions of labour value can undermine labour's social value with a consequent weakening of social relationships within and between families. Third, Theories of Value developed in western contexts and used to frame development policies and projects in the developing world are often inappropriate and even harmful to the welfare of communities that have different registers of value. Fourth, in response to Point 3, and following Rigg (2007), there is a need for ‘theorising upwards’ using empirical data from the developing world to inform theory rather than applying to the developing world models of sociality and economy developed in western contexts.