The Challenges of Village Courts and Operation Mekim Save among the Enga of Papua New Guinea Today: A View from the Inside

Abstract

This paper addresses the question of how customary law courts maintain justice and restore community relations through decades of rapid change including: (1) how the Enga navigate the legal pluralism of customary and formal justice systems, (2) the problems of adapting customary laws to changing circumstances and (3) the problems that arise with young untrained magistrates who are not fully conversant in custom. Data will be drawn from some 1000 customary court cases observed from 2008 - 2016 and periodic workshops with magistrates in village courts and Operation Mekim Save (OMS), a branch of village courts designed to handle inter-clan conflicts. All magistrates in the study agreed that the success of village courts and OMS could be largely attributed to their flexibility and processes. Still, most magistrates recommended that some rules and guidelines be put in place for effective decision-making in matters such as marriage in order to reduce domestic violence and land inheritance disputes to decrease intra-clan conflicts. They also recommended that specially trained panels of magistrates be appointed to hear cases about sorcery and HIV/AIDS accusations, in response to complaints about such matters, which are relatively new to Enga and that raise significant challenges relating to matters of evidence and proof. Both experienced and younger magistrates requested further training; the content of possible training is addressed. Magistrates also emphasised the need for cultural education launched in the schools of Enga in 2016, so that future generations will be able to grasp the anchoring principles of Enga custom that guide decisions.