Divine Word University

Mediation on non-payment of allowances to village courts

Patrick Howley

Abstract

The Village Court in Papua New Guinea was the result of a choice made by the PNG House of Assembly in 1973 when they rejected the western court process of dealing with conflicts in the village and chose an alternative traditional process, custom. Since then, Village courts have continued in spite of opposition, neglect and deprivation of officers stipends over the years but have endured because they provide a form of justice that suits the needs of the people. In 1994 the National Law and Justice Sector Plan (LSJP) included initiatives to support the functioning of the Eastern Highlands Provincial Village Courts but the Village court officials refused to cooperate until their stipends were all paid up. A mediation, using the traditional Melanesian way, was arranged to deal with the conflict. This paper provides background to the conflict and the process of mediation used.

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