81299 August 2013 Research Report Promoting equity and managing conflict in development Justice Delivered Locally Systems, Challenges, and Innovations in Solomon Islands Matthew Allen, Sinclair Dinnen, Daniel Evans, and Rebecca Monson Cover Photos (clockwise from top-right): Chupu Ceremony at Kakabona, Guadalcanal Province, 2010; Church building, Mamarana Village, North west Choiseul, Choiseul Province, December 2012; Logging Truck at Kanaba Ward, Rennell Island, Renbel Province, February 2012; New Police Recruits, RSIPF Headquarters, Rove, Honiara, Guadalcanal Province. August 2013 Research Report Justice Delivered Locally Systems, Challenges, and Innovations in Solomon Islands Matthew Allen, Sinclair Dinnen, Daniel Evans, and Rebecca Monson Legal Vice Presidency The World Bank This report is a product of collaboration between the Australian Agency for International Development (AusAID) and the World Bank on the East Asia and Pacific-Justice for the Poor (EAP-J4P) Initiative. Justice for the Poor is a World Bank research and development program aimed at informing, designing and supporting pro-poor approaches to justice reform. It is an approach to justice reform which sees justice from the perspective of the poor and marginalized, is grounded in social and cultural contexts, recognizes the importance of demand in building equitable justice systems, and understands justice as a cross-sectoral issue. Justice for the Poor research reports are aimed at development practitioners, partner governments, researchers, and others interested in justice reform. Research reports are reviewed by at least two external referees who are independent of the program. © 2013 International Bank for Reconstruction and Development / International Development Association or The World Bank 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org Disclaimer This work is a product of the staff of The World Bank with external contributions. 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Contact details Justice for the Poor Justice Reform Practice Group Legal Vice Presidency World Bank 1818 H Street, NW Washington, DC 20433 USA Email: j4p@worldbank.org Questions and comments concerning this publication are welcome and should be addressed to Daniel Evans at devans3@worldbank.org All Justice for the Poor publications are available at http://www.worldbank.org/justiceforthepoor Notes about the Authors Dr Matthew Allen is a Fellow with the State, Society and Governance in Melanesia program at the Australian National University. With a background in human geography and political anthropology, Matthew has conducted research in Papua New Guinea, Solomon Islands, and Vanuatu. His primary research interests are the political economy and political ecology of extractive resource industries and resource conflict in Melanesia. In addition to his research and teaching activities, Matthew has undertaken consultancy assignments for AusAID, the World Bank, and the Asian Development Bank. His book Greed and Grievance: Ex-Militants’ Perspectives on the Conflict in Solomon Islands, 1998-2003 is forthcoming with the University of Hawai’i Press. Dr Sinclair Dinnen is a Senior Fellow with the State, Society and Governance in Melanesia Program at the Australian National University. With a background in law and sociology, Sinclair previously lectured at the University of Papua New Guinea and was a research fellow at the National Research Institute in Port Moresby. He has undertaken consultancies for a range of regional governments, international donors, and nongovernmental organizations (NGOs) around issues of conflict, justice, policing, and peace-building. His current research interests include legal pluralism, restorative justice, policing, security and development, interventionism, and state-building. Recent publications include Civic Insecurity: Law, Order and HIV in Papua New Guinea (edited with Vicki Luker, 2010) and the coauthored Pillars and Shadows: Statebuilding as Peacebuilding in Solomon Islands (2010). Daniel Evans is a lawyer and consultant who has practiced criminal law in Vanuatu and Solomon Islands. For two years beginning in October 2007, he worked as a village courts adviser in the New Guinea Islands of Papua New Guinea, including Bougainville. He is currently based in Honiara, Solomon Islands, where he is the country coordinator of the World Bank’s J4P Program. Dr Rebecca Monson is a lawyer and geographer at the Australian National University College of Law, where she convenes the Law, Governance and Development program. Rebecca has extensive fieldwork experience in various parts of Solomon Islands, as well as in Fiji and Vanuatu. Her main research interests include the interaction of “customary” and “state” legal systems, particularly as they relate to gender relations, leadership, and natural resource management. Prior to joining the Australian National University, Rebecca worked in law firms and NGOs in the fields of housing, land, and property rights, and environmental and disaster management law. Rebecca has published several book chapters and articles based on her doctoral research, which was a gender analysis of colonial and postcolonial transformations in land tenure and leadership in Solomon Islands. Justice delivered locally   III Foreword and Acknowledgements The World Bank’s Justice for the Poor (J4P) program has been supporting the “Justice Delivered Locally” (JDL) initiative of Solomon Islands’ Ministry of Justice and Legal Affairs since 2010. JDL furthers the Solomon Islands Government policy of reinvigorating local-level justice systems. This research report presents the findings of extensive research conducted across Solomon Islands relevant to local-level justice service delivery. The authors are specialists in the field of justice and dispute resolution in Pacific Island societies. The work undertaken in producing this paper was funded under the World Bank–Australian Agency for International Development (AusAID) East Asia and Pacific J4P Program. The authors would like to acknowledge the substantial input of the various researchers who took part in the JDL fieldwork: Ali Tuhanuku (research team leader), Carol Pitisopa, Kitchener Bird, Judith Basi, Julian Lilo, Paula Arahuri, and Phylisca Fate. A very special acknowledgement is made to the late Ben Karai, who joined the team for the Malaita province fieldwork and sadly passed away shortly thereafter. Within the World Bank, the following have made significant contributions to this report: Deborah Isser, Sakuntala Akmeemana, Daniel Adler, Rea Chiongson, Peter Chapman, Kate Lonergan and Alison Ofotalau. A great deal of gratitude is extended to the Solomon Islands’ World Bank country office staff, who so patiently assisted with the administrative tasks involved in organizing the fieldwork, researcher training, and other activities, in particular, Mercy Samani, Janet Funa, Jenny Appo, Jared Molea, and Carol Bokabule. Special acknowledgement is made of Dr. Michael Goddard for his various contributions to the JDL work. The authors would like to acknowledge the involvement and advice of the following members of the Solomon Islands Government: James Remobatu, Freddy Me’esa, and Sam Tagana. Particular thanks is extended to Peter Mae for the enthusiasm and humor he brought to the fieldwork. In the national judiciary, the authors would like to acknowledge Chief Justice Sir Albert Palmer (CBE), Deputy Chief Magistrate Emma Garo, and Dayson Boso, all of whom have provided invaluable input into this report. Within the Royal Solomon Islands Police Force, the authors would like to thank the following for providing information and data in relation to various aspects of police activities: Constable Florence Wasi, Inspector Florence Taro, Inspector Dorris Sukaria, Constable Lawrence Iko, Constable Clerra Qila, and Staff Sergeant Solomon Sisimia. Sergeant Godfrey Abia was a source of all manner of police-related information and special mention is made of his contribution to this report. The authors would also like to thank the Provincial Police Commanders for Western, Guadalcanal, Malaita, Isabel, and Renbel provinces. Gratitude is extended to the Regional Assistance Mission to Solomon Islands (RAMSI) Law and Justice Program for supporting the JDL work, especially Tim Vistarini and Joanna O’Shea. The authors would like to thank the two external reviewers of this report: Debra McDougall and Edith Bowles. Their challenging and insightful comments have greatly enhanced this report and the JDL work more broadly. IV    J4P Research report | AUGUST 2013 Table of Contents Notes about the Authors.................................................................................................. III Foreword and Acknowledgements................................................................................... IV List of Acronyms............................................................................................................... VI Glossary........................................................................................................................... VII Overview of Key Findings.................................................................................................. X 1. Introduction and Methodology........................................................................................... 1 1.1 INTRODUCTION....................................................................................................................................................................... 1 1.2 METHODOLOGY...................................................................................................................................................................... 2 2. Historical Background and Contemporary Context........................................................... 7 2.1. LOCAL SOCIAL ORDERS AND THE STATE............................................................................................................................. 7 2.2. THE COLONIAL PERIOD: INDIRECT RULE – HEADMEN, CHIEFS, COURTS, AND COUNCILS ������������������������������������������� 8 2.3 THE POST-INDEPENDENCE PERIOD: A REORDERING OF THE STATE................................................................................. 9 2.4. THE “TENSION,” 1998–2003................................................................................................................................................ 11 2.5. THE CONTEMPORARY CONTEXT........................................................................................................................................ 12 3. The Nature and Drivers of Disputation and Grievance.................................................... 13 3.1. SUBSTANCE ABUSE AND YOUTH CULTURE........................................................................................................................ 13 3.2. DEVELOPMENT AND LAND-RELATED DISPUTES............................................................................................................... 18 3.3. NGO, DONOR, AND GOVERNMENT PROJECTS................................................................................................................ 23 3.4. MARITAL DISPUTATION AND DOMESTIC VIOLENCE......................................................................................................... 27 3.5. OTHER TYPES OF COMMON DISPUTES/GRIEVANCES...................................................................................................... 30 4. Navigating Justice in Contemporary Rural Solomon Islands ����������������������������������������� 34 4.1. THE KASTOM SYSTEM.......................................................................................................................................................... 34 4.2. THE STATE JUSTICE SYSTEM................................................................................................................................................ 43 4.3. THE CHURCH SYSTEM.......................................................................................................................................................... 59 4.4. CONFIGURATIONS, VARIATIONS, AND INTERACTIONS AMONG THE THREE SYSTEMS ����������������������������������������������� 65 5. Contemporary Innovations.............................................................................................. 69 5.1. COMMUNITY-LEVEL GOVERNANCE INITIATIVES................................................................................................................ 71 5.2. PROVINCIAL-LEVEL GOVERNANCE INITIATIVES................................................................................................................. 74 5.3. COMMUNITY OFFICERS AND LOCAL POLICING INITIATIVES........................................................................................... 76 6. Conclusion and Next Steps............................................................................................ 79 Annex. List of Field Sites................................................................................................ 81 References..................................................................................................................... 84 Justice delivered locally   V List of Acronyms ANU Australian National University AusAID Australian Agency for International Development BSIP British Solomon Islands Protectorate CCC Christian Care Centre CFC Christian Fellowship Church CO Community Officer CDFs Constituency Development Funds DC District Commissioner DO District Officer FSC Family Support Centre GLF Guadalcanal Liberation Front ICC Isabel Council of Chiefs IFM Isatabu Freedom Movement J4P Justice for the Poor JDL Justice Delivered Locally LLCTC Lauru Land Conference of Tribal Communities MEF Malaita Eagle Force MOU Memorandum of Understanding MP Member of Parliament NCRA National Coalition for Reform and Advancement (Government) NGO Nongovernment Organization NPC National Peace Council ODPP Office of the Director of Public Prosecutions PNG Papua New Guinea PPF Participating Police Force PSO Public Solicitor’s Office RAMSI Regional Assistance Mission to Solomon Islands RDP Rural Development Program RSIPF Royal Solomon Islands Police Force SBD Solomon Islands Dollar SDA Seventh-day Adventist (Church) SIAC Solomon Islands’ Alliance for Change (Government) SIG Solomon Islands Government SSEC South Seas Evangelical Church TPA Townsville Peace Agreement UNCDF United Nations Capital Development Fund UNDP United Nations Development Programme UNICEF United Nations Children’s Fund VO Village Organizer VI    J4P Research report | AUGUST 2013 Glossary Area Constable: A post-independence officer who operated at the area council level (see below) and was responsible for enforcing council bylaws and assisting in the provision of basic services. In all provinces, except Renbel and parts of Choiseul, the position was made redundant following the suspension of area councils in 1998. Area Council: Formerly the lowest level of government in Solomon Islands, established under the Provincial Government Act 1981 and suspended in 1998. When operational, area councils enacted various community- level bylaws. Numerous officers were once employed by area councils, such as village health workers and area constables. Betel nut: The nut of the fruit of the Areca palm tree. The nuts are chewed and combined in the mouth with crushed lime, which is dipped with either the leaf or fruit of a creeping vine (most commonly known in Solomon Islands as korokua). Chewing has a mild stimulant effect and may cause increased alertness. Bride price: The Pijin term for goods given by a groom’s family to the family of his bride to formalize a marriage. Societies in Solomon Islands vary according to the emphasis put on this presentation and the degree to which it is matched by a presentation from the bride’s side to the groom. Bride price is not practiced across all of Solomon Islands. For example, bride price is not common in Polynesian communities, such as Renbel province and Tikopia, or in Western and Isabel provinces. Chupu: A Guadalcanal word referencing a “pile” or “heap.” It is commonly used to refer to the ceremony involving the presentation of a group of items consisting of shell money, pigs, food, and other goods and cash. It is a common mechanism across Guadalcanal province for settling conflicts and restoring social relationships. Cognatic: A system of descent in which claims to group membership, land, and social status are traced through both male and female genealogical links. Most kinship systems in Solomon Islands have been shown to be cognatic, but some place more emphasis on descent through men and others through women. Community Officer (CO): Lay community members appointed under a trial community policing project initiated by the Royal Solomon Islands Police Force in late 2009. Constituency Development Funds (CDFs): A pool of annual discretionary funds provided by Taiwan, China and the Solomon Islands Government to national members of parliament. Council Messenger: Predecessors of area constables (see above). Council messengers were empowered to, among other things, arrest people and bring them before the local or magistrate’s court. The Council Messenger position no longer exists. Customary land: Land held according to kastom. Around 87 percent of land in Solomon Islands is said to be held according to customary tenure. Access to and control over customary land depends largely on social norms, hierarchies, and kinship systems. In Solomon Islands, large territories are very often associated with a kin group, and particular areas within those territories (notably land for gardening or housing) is more firmly associated with particular individuals or families. Guadalcanal Liberation Front (GLF): A Guadalcanal militia group active during the “tension” (see below) period. Homebrew: Locally produced alcoholic drink usually made with yeast, sugar, and water or green coconut juice (and sometimes other fruits) and left to ferment for a number of days. Justice delivered locally   VII Indirect rule: An approach to government prevalent throughout the British Empire that sought to harness the preexisting authority of local leaders for the purposes of colonial rule, sometimes by identifying “chiefs” and giving them formal roles within the colonial administration. Isatabu Freedom Movement (IFM): A Guadalcanal militia group active during the “tension” (see below) period. Kwaso (slang kwa): A word derived from parts of north Malaita (Lau, Fataleka, and Baegu language areas) meaning “ripe” (as in ripe betel nut or ripe fruit). Kwaso is a distilled alcohol introduced in Solomon Islands in the mid-1990s made using yeast, sugar, and water. Lotu: Pijin word meaning religion or prayer. Maasina Rule: An indigenous religio-political movement that commenced in Malaita province in 1944 and protested colonial rule. Malaita Eagle Force (MEF): A Malaitan militia group active during the “tension” (see below) period. Masta Liu: English word “master” combined with “liu,” a word derived from north Malaita (To’abaita language area) meaning to wander around aimlessly. It is typically used to describe unemployed youth who frequent the streets of the capital Honiara. Matrilineal: A system of descent in which membership in landholding clans is traced primarily from mother to daughter, though important connections to land and kin are often also traced through men. The people of Guadalcanal province (with the exception of the Marau Sound area) as well as Isabel, Central, and Makira provinces are often said to follow a matrilineal descent system. In practice, this refers to the emphasis placed on tracing claims through a succession of matrilineal links, as claims may also be traced through men. Melanesia/Melanesian: The southwest division of Oceania, including the countries of Fiji, New Caledonia, Vanuatu, Solomon Islands, and Papua New Guinea, all of which lie northeast of Australia. Melanesia is also home to Micronesian and Polynesian ethnic groupings. Moro Movement: An indigenous movement founded by Chief Pelise Moro on the Weather Coast of southern Guadalcanal in the mid-1950s. It emphasized the revival of kastom largely in response to state government. O2: Popular term used across Solomon Islands to refer to a partner in an extramarital relationship. Female relationships in a man’s life are colloquially referred to as “O1” (wife or first partner), “O2,” “O3,” etc., in accordance with the order in which the relationships began. Patrilineal: A system of descent in which membership in landholding clans is traced primarily from father to son, though important connections to land and kin are often also traced through women. The people of the Polynesian islands of Rennell, Bellona, Tikopia, Anuta, and Ontong Java place an emphasis on patrilineal descent, but claims may also be traced through women. Pijin: The lingua franca of Solomon Islands. A variety of Melanesian pidgin with primarily English-derived lexicon and elements of Austronesian grammar. Primogeniture: The system of inheritance by the firstborn, specifically the eldest son, to the exclusion of younger siblings. VIII    J4P Research report | AUGUST 2013 RAMSI: The Regional Assistance Mission to Solomon Islands. A 15 country, police-led mission primarily funded by Australia that arrived in Solomon Islands in July 2003. The initial aim of RAMSI was to restore law and order and help to rebuild state institutions that had been weakened during the “tension” (see below). Tabu: Pijin word referring to an in-law relationship. Tambu: Pijin word meaning taboo. Talina: Guadalcanal word referencing a type of shell money used in parts of Guadalcanal province. Tasiu: A religious order of the Melanesian Brotherhood of the Anglican Church formed in 1925. The initial aim of the Melanesian Brotherhood was to form a band of brothers (tasiu) to take the Gospel of Jesus Christ to heathen areas of Melanesia. The “Tension” or “Ethnic Tension”: Local term used to refer to the period of civil conflict and disorder that befell Solomon Islands from 1998 to 2003. Tripod: A term coined by Isabel province leaders to describe a partnership formed through a memorandum of understanding between the provincial government, church, and the Isabel Council of Chiefs to work together to foster community development and improve delivery of basic services at the community level. Waku: Pijin word meaning Asian person. Originally derived from the Cantonese phrase wah kiu, meaning to “reside outside” (Moore 2008, 64). Chinese traders are recorded as having first arrived in Solomon Islands in 1913–14 (Bennett 1987, 206). Wantok/Wantokism (slang toko): Literally, “one who speaks the same language” (“one talk”). Wantokism is used to describe the relationships of mutual obligation and support between near and distant kin, and those sharing other kinds of social and geographical associations (e.g., from the same village, area, or province). Depending on their location and relationship, people who speak different languages and are of different ethnicities may even describe themselves as wantoks. Justice delivered locally   IX Overview of Key Findings The Justice Delivered Locally (JDL) initiative of Solomon Islands’ Ministry of Justice and Legal Affairs aims to inform government and donor efforts to improve justice service delivery in Solomon Islands. This report documents the results of extensive qualitative research conducted in five of the country’s nine provinces, exploring the contemporary justice needs and experiences of rural Solomon Islanders—the 80 percent of the population residing outside of the capital, Honiara. The research attempts to understand the nature of disputation and sources of grievance affecting rural communities, the harm or damage that has a significant, lasting impact, and the various mechanisms that are utilized to obtain redress or manage conflict. Efforts have been made to understand justice from the perspective of the user—the choices that citizens make in managing disputes and grievances; the factors that influence their preference for particular solutions or institutions, or their decision to take action at all; how they interact with institutions in an effort to manage those disputes; and their satisfaction with the chosen courses of action. Multiple dispute management and governance systems have been a reality in Solomon Islands at least since the colonial period. Traditional forms of governance were overlaid with the British colonial administration and included hybrid forms of policing and justice, in addition to government court and law enforcement systems. The legitimacy and effectiveness of core governance institutions and processes of the postcolonial state eroded rapidly after independence in 1978, with the state widely seen as having retreated from its service delivery and public order functions. By 1998, the lowest tier of government (area councils) had been suspended. Today, there are various overlapping systems relevant to dispute management. These are the state institutions, such as the courts and the police, and the locally based, nonstate systems, which include the “kastom system” and the various Christian church denominations found throughout Solomon Islands. The composition, effectiveness, and legitimacy of these institutions vary significantly across the country, such that it is not possible to talk of a uniform system of local justice. In many locations, these systems—and, in particular, the kastom system—were observed to be under strain, due mainly to larger processes of change and newer types of conflict stresses. To some extent, however, this is countered by a capacity for local innovation, adaptation, and reconfiguration—an ongoing process that signifies a willingness to absorb outside influences and experiment with increasingly hybridized models of community governance, including dispute management. The key findings documented in this report are highlighted below: Four main types of disputation were found: social order problems, predominantly arising from substance abuse; development and land-related disputes; problems arising from nongovernmental organization (NGO), donor, and government projects; and marital disputation and domestic violence. • The most widespread problem encountered during the research was antisocial behavior stemming from substance abuse. In some research locations, the production, distribution, and consumption of drugs and alcohol (kwaso [a distilled alcohol], marijuana, homebrew, and store-bought alcohol) were endemic and overshadowed other sources of disputes. The direct involvement of the authorities, including the police, chiefs, and local leaders, in the production, distribution, and/or consumption of drugs and alcohol often exacerbates this problem, undermining the legitimacy of existing governance institutions. X    J4P Research report | AUGUST 2013 • Like elsewhere in Melanesia, customary land-related disputes are a dominant feature of Solomon Islands’ social landscape, and these disputes registered as a serious concern. Land disputes are accentuated and intensified when land ownership or resource ownership becomes associated with economic benefits. • The presence or otherwise of natural resource development, particularly in the form of logging, is the most significant determinant of community cohesion and harmony. Those areas that were in the midst of, or had recently experienced, logging activities were generally the most fractious and dysfunctional, with substantial social order problems and crime. Frequently, disputes can be traced to the payment and distribution of royalties, rents, or access fees, which are captured by a small number of individuals, typically senior males, who hold tenuous claims to land ownership. Where it exists and is functional, the nonstate kastom system, typically equated with the authority of “chiefs,” is the most commonly used mechanism to deal with disputation and grievance. Churches, largely through the medium of mutual prayer, are also frequently utilized. On the whole, both systems are well understood and are regarded as having a legitimate mandate to deal with various localized problems. However, the kastom system is increasingly fragile in many locations, and is not dealing effectively with either substance abuse or land disputes. Land-related disputes in particular are, in many respects, contributing to an erosion of the effectiveness and legitimacy of the kastom system. In some places, the system appears to have broken down altogether, due to the entanglement of chiefs and local leaders in parochial and self- interested power struggles, especially in areas experiencing logging. All existing institutional mechanisms, including the court system, were unable to deal with disputation arising from logging. Where accessible, the police are alleged to regularly support loggers who are able to pay for their services. In those instances where the court system is an available option, it is generally too slow to act, and orders, when issued, are often ignored. As the kastom system has often been severely undermined owing to the entanglement of chiefs in logging activities, local processes are simply not capable of mediating the conflicts effectively, and affected citizens are left without remedy. At the same time that citizens express a preference for utilizing nonstate systems, they express a desire for improved responsiveness from state justice and governance mechanisms. This is especially the case when local systems are nonexistent, discredited, or overwhelmed, or the dispute is considered particularly serious. Despite generally negative sentiments about state policing and court services, the state is nevertheless regarded as a legitimate player in local-level governance and dispute management, and there is a strong call for the revival and expansion of the state presence. This is especially the case among the older generation, who often express considerable nostalgia for the institutions of the colonial period. Local-level policing and court services have been subject to a gradual process of administrative centralization ostensibly carried out in the name of cost-cutting. Contemporary state resources are overwhelmingly concentrated in Honiara, with only a limited presence in provincial capitals. Outside the areas of health and education, the state has the most tenuous of connections with rural communities. A defining point in this regard was the suspension of area councils in 1998. It is evident from the research that the current configuration of state policing and court services alone is unable to deliver security and justice services to the rural population. This is not solely an issue of resourcing; more fundamental administrative and structural reforms are also required, including a willingness to experiment with new forms of engagement. Contemporary governance innovations derive, in part, from the colonial experience, and the establishment of a variety of committees, councils, panels, houses, and associations at various political levels (community, ward, and province) has left an enduring legacy. These collectives are typically made up of senior male leaders, but may also incorporate other sections of the community. Often these initiatives are tailored toward fostering development, but in some forms also play a community governance and dispute-management role. Justice delivered locally   XI They are often highly organized, being governed by detailed, written constitutions and are sometimes registered as trusts. Where such initiatives exist, they may enact and enforce community bylaws. A recurring theme has been the development of laws by provincial assemblies that seek to incorporate chiefs into the state structure or grant them a degree of punitive power. A commonly held view is that outside initiatives should aim to engage at the local level through existing governance arrangements. Throughout the research, a readiness on behalf of most communities to “take control” of their own problems was observed. For example, there were repeated calls for greater formalization of those localized governance structures that are functioning relatively well. In light of the fact that effective and sustainable justice reform outcomes in Solomon Islands require a deep understanding of the profile of disputes and grievances and the nature and quality of the various institutions that mediate them, this research paper endeavors to fill a critical evidence gap. Forthcoming are a fiscal and institutional analysis of the lower-tier courts and a policy note synthesizing the recommendations that have emerged from a number of pieces of empirical work undertaken by the JDL initiative. XII    J4P Research report | AUGUST 2013 1. Introduction and Methodology 1.1 INTRODUCTION This report presents the research findings of the • In what ways are disputes and dispute man- Justice Delivered Locally (JDL) initiative of Solomon agement experienced differently by men and Islands’ Ministry of Justice and Legal Affairs, which women and what is the extent of women’s was supported by the World Bank’s Justice for the participation in dispute management at the Poor (J4P) program. The research involved extensive local level? fieldwork in communities across five of Solomon Islands’ nine provinces and consultations with a wide • How do people feel about the services that the range of stakeholders at the national, provincial, and existing systems are delivering—are they seen local levels, and also draws on a significant body of as capable, legitimate, or effective? research and other relevant data relating to justice, governance, and the management of conflict in • What are the main gaps in justice service delivery, Solomon Islands and comparable contexts. in what ways do those gaps hinder development and threaten to fuel conflict, and what could JDL supports the Solomon Islands Government realistically be done to improve the situation? (SIG) policy of reinvigorating local-level justice systems.1 This is based on an understanding that Overall, the research indicates that rural citizens developmentally important local governance and by and large prefer to use locally based, nonstate conflict management capacities (both state and systems to address disputes. These local nonstate nonstate) have been significantly weakened since systems, where functioning, are generally seen 1978, the post-independence era, and were not as culturally relevant, responsive to local needs, rebuilt even after the period of violent conflict and accessible, and well understood. However, these local social disorder known as the “tension” (1998–2003). kastom systems, typically associated with With much of the international assistance for justice “traditional” authority exercised by chiefs, are under going to state institutions in Honiara, JDL is intended immense stress owing to larger processes of change to inform decision making on ways to strengthen the and newer types of conflict. They have also suffered delivery of justice services to the 80 percent of the markedly from the perceived retreat of the state population living outside of the capital. that has accelerated in the post-independence era. Linkages established in the colonial period have Five core, open-ended questions guided the research: fallen away, leaving local nonstate systems largely adrift, without any form of regular state connection • What are the main disputes that communities or support. While there is considerable geographical are dealing with? variation, in some places local systems have broken down altogether. This is due in part to the • What are the existing systems for dispute entanglement of chiefs and local leaders in parochial management at the local level, how are they and self-interested power struggles, especially functioning (both as discrete systems and in in the context of natural resource development, terms of interactions between them), and with particularly logging. what resources? 1  Solomon Islands’ National Development Strategy 2011-2020 (2010) and The National Coalition for Reform and Advancement (NCRA) Government: Policy Statement (2010). 2  The perception of state retreat was widespread among those interviewed. An alternative perspective is that of political reordering resulting in different forms of state projection of authority at the local level. Under this view, the dismantling of colonial and immediate postcolonial local governance institutions has not created a vacuum of authority, but has rather been replaced by an alternative political ordering projected through the heavy use of constituency development funds. Justice delivered locally   1 A preference to use nonstate systems is not an ongoing process that signifies a preparedness inconsistent with a desire for improved state to absorb outside influences and experiment responsiveness when local systems are overwhelmed with increasingly hybridized models of community or unable to respond appropriately to disputation governance, including dispute management. and crime. Police and lower-level courts are almost universally considered ineffective. The extension In addition to focusing on what might be considered of policing and magistracy is limited outside of purely law and justice-related concerns, that is, provincial centers, while lower-level courts rarely sit general notions of right and wrong from a legal due to a variety of structural, administrative, and perspective, this report also presents issues that resourcing problems. Nevertheless, the state is seen touch on contemporary realities and general as a legitimate player in local-level governance and concerns for rural Solomon Islanders. In part, this dispute management, and there is a strong call for stems from the methodology employed, which the revival and expansion of the state presence sought to understand broadly the causes of (especially through policing). As detailed in section disputation and grievance at the local level. As 2, much nostalgia exists among the older generation can be expected, some of these issues were not for the local governance and justice architecture of equal to those that would generally be met by a the colonial and immediate postcolonial era, which state response, but are perceived nevertheless as variously included headmen, council messengers, contributing to community disharmony. They also, area constables, and native/local courts. Many more often than not, involve or lead to criminal amongst this generation feel that these institutions conduct. In many respects, it was the culmination successfully projected government power using of what might be considered small-scale social minimal resources in a manner that the postcolonial disturbances, some but not all of a criminal nature, state has failed to achieve. that caused the most detrimental effect on everyday life in many of the communities visited. Pure legal The above situation leaves many people with or criminal justice intervention—whether by state or little access to any effective system of dispute nonstate actors—is simply unable to address many management, and in some instances, vulnerable of these issues. to the vagaries of local power brokers. Where institutions of justice are increasingly unable to This paper is the fourth in a series that has been respond to local needs, people raise concerns about produced under the JDL initiative.3 Forthcoming physical safety and security, land-related disputes is a fiscal and institutional analysis of local courts, that undermine social cohesion, and community customary land appeal courts, and magistrates’ courts, development initiatives that both contribute to social and a final note synthesizing policy recommendations conflict and ultimately fail because of unresolved from all of these components. While this work was grievances. Accordingly, the justice dimensions of undertaken under the purview of the Ministry of the development challenge facing contemporary Justice and Legal Affairs, the findings and analysis Solomon Islands as revealed through the research presented herein represent the views of the JDL can be stated quite simply: many people in rural researchers and do not necessarily reflect the views Solomon Islands do not have access to either effective of the SIG. state or locally based justice systems to enable them to mediate or resolve the changing nature of 1.2 METHODOLOGY disputation that they face. This situation undermines The analytical methods applied to the fieldwork efforts to promote broad-based and inclusive were predominantly qualitative in nature. Extensive development, fuels citizen-state distrust, and risks field research in five of the nine provinces of Solomon keeping Solomon Islands on a path of fragility Islands—Guadalcanal, Malaita, Isabel, Renbel, and (World Bank 2011; Dinnen, Porter, and Sage 2011). Western provinces—commenced in September 2010 However, the research also discloses a willingness for and concluded in December 2011. On average, local innovation, adaptation, and reconfiguration— these field trips lasted one month. The exceptions 3  The first document is a literature review focusing on local-level justice (Goddard 2010), the second is a comparative analysis of various local-level courts in Melanesia (Evans, Goddard, and Paterson 2011), and the third is an evaluation of the RSIPF Community Officer project (Dinnen and Haley 2012). These documents can be accessed at http://www.worldbank.org/justiceforthepoor. 2    J4P Research report | AUGUST 2013 Introductory Community Meeting, Isuna village, Weather Coast, Guadalcanal province, September 2010. were Renbel province, where the research team of participants, although the gender differentiation spent approximately two and one-half weeks, and was maintained in all instances. In total, some 86 Guadalcanal province, from where the team typically communities across the five provinces were visited returned to Honiara following a number of day (see Annex) and more than 3,000 individuals trips (including also five days spent on the Weather participated in focus group discussions.5 The Coast). This was complemented by further fieldwork community meeting component of the field involving the same group of researchers in the same research encompassed: provinces (with the exception of Renbel) in August 2011 for an evaluation of the Community Officer • Two hundred thirty-five focus group discussions, (CO) initiative of the Royal Solomon Islands Police involving the key theme of the common causes Force (RSIPF).4 of community disputation and grievance and an analysis of the local-level and state systems Field research typically involved a combination of in place to address them; introductory community meetings, focus group discussions, and individual informal interviews. • Roughly 310 individual interviews that explored Gender and generational triangulation was achieved in greater depth specific issues raised by by conducting separate focus group discussions participants in focus groups, frequently focusing with male youth, female youth, women, men, on particular cases, or interviews with those and community leaders, with participants self- identified as having an active role in dispute selecting their group. In some localities various management (principally chiefs, community focus groups were combined, depending on the officers, retired or serving native/local court composition of the research team and the number officials, and church officials). 4  This latter research resulted in a published evaluation. See Dinnen and Haley (2012). 5  This figure is based on the number of participants present at the commencement of focus group discussions; however, it was not uncommon for a focus group discussion to begin with a small number of individuals and end with in excess of 30 or more participants. Justice delivered locally   3 A field guide set out the research protocol, including • urban/peri-urban environments issues of ethics and risks. It was designed to enable flexibility in discussions in order to elicit local-level • areas where some form of commercial activities views on the presence, utility, and effectiveness of had taken place (for example, logging) state and nonstate justice institutions as well as the often nuanced interplay between them. Researchers • sites without any major commercial activity and typically began discussions by asking participants that are not easily accessible by road, sea, or about the kinds of disputes and grievances they air transport experienced and how these unfolded. The advantage of such an approach was threefold. On the basis of the above criteria, the three sites First, it introduced to participants in a logical and selected for Guadalcanal province were Kakabona straightforward manner the broad subject matter of (peri-urban), the northeast plains of Guadalcanal the research. Second, the general inevitably led to (commercial activities), and the Weather Coast the specific, with discussions on common grievances (remote and not easily accessible). The sites selected and disputation allowing participants to move to for Isabel province were Buala provincial center first-hand accounts and invoke the various systems and surrounding communities (urban/peri-urban), in place to manage such issues. Third, it avoided the Kia (commercial activities), and inland communities risks associated with commencing from an analysis in the Kaevanga and Tatamba regions (remote and of the institutions involved in dispute resolution and not easily accessible). The sites selected for Malaita conflict management, which can often result in a province included the Auki provincial center and more narrow examination of individual systems. All surrounding communities (urban/peri-urban), East community-level interviews and group discussions Kwaio, East ‘Are‘are, and South Malaita (remote and during the fieldwork took place in Solomon Islands’ not easily accessible), and north Malaita (commercial Pijin or local vernaculars (Solomon Islands is activities). For Western province, the sites included comprised of approximately 75 distinct languages).6 communities around the provincial center of Gizo (urban/peri-urban), Kolombangara through to parts Choice of field sites of Marovo (commercial activities), and Northwest As noted, the research was conducted in five of the New Georgia, Rendova, and Ranongga (remote and nine provinces of Solomon Islands, with additional not easily accessible). Usually, researchers visited interviews taking place in Honiara (see map 1). numerous villages within each site. Where practical, The provinces selected were chosen in order to an effort was made to balance the distribution of assess, compare, and contrast the governance and field sites to consider different language groups and justice issues and systems in areas that differed in Christian denominations (which are detailed below terms of population (Malaita is the most populous in section 4). Depending on the size of the province province in Solomon Islands and Renbel the least), visited and its relative development, it was not always ethnicity (Polynesian in Renbel and Melanesian possible to strictly adhere to the above site selection elsewhere), systems of descent, the legacy of the model (for example, Renbel province). tension (most striking in southern Guadalcanal, the northeast plains of Guadalcanal, and Malaita, though Researchers important in other ways in other provinces) and what, A mixture of Solomon Islander and foreign researchers anecdotally, was understood to be different degrees were engaged throughout the fieldwork. All of the of community organization. foreign researchers were staff of the Australian National University or the World Bank. A local researcher from Field sites within each province were selected in an each province ensured that the team had a more effort to capture socio-geographic diversity both nuanced and in-depth understanding of context, within and between provinces on the basis of the and helped to facilitate community access and foster following characteristics: participant confidence. 6  A number of common Pijin terms were utilized during the research to convey various English words and phrases. Importantly, the Pijin word “raoa” was typically used for dispute, while the term “downem raoa” (to minimize disputes) or “solvem raoa” (to solve disputes) was generally used when exploring the dispute-management systems in place in a given community. 4    J4P Research report | AUGUST 2013 Map 1. Provinces Visited During JDL Fieldwork The research team was comprised of men and women, • Consultations with relevant stakeholders based with women research team members typically in Honiara, including provincial government interviewing female participants and men interviewing members and officials, serving and former male participants. On average, the research team national members of parliament, magistrates, consisted of two women and three or four men. court officials, members of the Royal Solomon Core members of the research team participated Islands Police Force (RSIPF), heads of various in three days of classroom training on qualitative justice agencies, senior staff of the Ministry of research methodologies in Honiara in January Justice and Legal Affairs, church leaders, and 2011. Intermittently throughout the research, and prominent community members, including chiefs. particularly when holding meetings in provincial centers, the research team was joined by a senior • A literature review completed in September 2010 official of the Ministry of Justice and Legal Affairs, on justice delivery and dispute resolution at the typically the Under Secretary. local level in Solomon Islands (Goddard 2010). Additional data sources • A comparative analysis of hybrid courts in Beyond the original field research, data for this paper Melanesia completed in April 2011, a component were also sourced from: of which was an analysis of the local court system of Solomon Islands (Evans, Goddard, and Paterson 2011). Justice delivered locally   5 • Available quantitative data from sources, sometimes in focus group discussions in which both including the now defunct Community Sector settlers and “landowners” were present. In addition, Program Snapshot Surveys comprising 300 the field research included two settler communities, villages and conducted in late 2005; the the Gilbertese community of Titiana in Western Regional Assistance Mission for the Solomon province and the Sau community of Fanalei/Fouele Islands (RAMSI)-SIG People’s Surveys,7 including in south Malaita. specific questions incorporated into the 2011 survey for the JDL research; and data provided Although the terms “tribe” and kastom are used by the RSIPF, the High Court, and the Central throughout this report, it is acknowledged that Magistrate’s Court. there are inherent problems in the use of both. Their meaning has been the subject of considerable • A variety of primary materials obtained during debate, and as neither has a definitive definition the fieldwork, including community group and both are highly subjective, they have taken constitutions, community bylaws, judgments, on specific historical, political, and place-based village plans, and the like. meanings.10 There are also questions of scale around the term “tribe.” In acknowledging these issues, it Limitations is nevertheless the case that both tribe and kastom Like all qualitative research, there are a number were terms used by the vast majority of those of limitations that need to be noted. First, due to consulted during the research, and their presence in time and resource constraints, the fieldwork was this report is simply a reflection of what was relayed confined to five of Solomon Islands’ nine provinces. by interlocutors during the fieldwork. Nevertheless, anecdotally and through available qualitative and quantitative data sources, the Finally, it should also be noted that although various findings and recommendations that are presented in sections of the paper are dedicated to women’s this report are broadly applicable across the whole experiences around local-level justice, the research of Solomon Islands, with the exception of Honiara, methodology was not targeted to elicit detailed which has unique justice concerns. information about gender-based violence.11 In order to better elicit such information, it would A second limitation is the exclusion of children have been necessary to provide specialized training research participants.8 There are unique challenges to researchers, include “devices” in the context of to undertaking qualitative research with children that facilitating group and individual discussions that the research team was not equipped to manage. would enhance disclosure in a cultural context in On balance, the findings that could be obtained which women are unlikely to volunteer information by conducting separate interviews with children did about gender-based violence, and adopt a consistent not outweigh the risks, time, and efforts involved. use and definition of “violence.” In the timeframe Similarly, the experiences of migrant settlers were available and given the numerous other issues that not explored to the same extent as the experiences needed to be canvassed, this was not possible. As a of other groups,9 due to the small size of the research result, this research may underreport gender-based team and concerns that focusing on settlers could violence to some extent, and more focused studies cause division within the selected communities. are necessary to provide greater information on the Nevertheless, where possible, the views of settlers forms, prevalence, causes, and consequences of this were canvassed through one-on-one interviews and societal problem. 7  Available at http://www.ramsi.org/. 8  Youth were included in the research with separate focus groups in the majority of field sites including male and female youths. Youth participation in these focus groups was on the basis of self-selection, but invariably involved unmarried young men and women aged in their teens or twenties. The reference to children here is a reference to those falling outside of this group, generally meaning those of primary school age or below. 9  “Migrant settlers” is used to refer to those individuals or groups who are not indigenous to a specific area and have typically come from relatively far away (i.e., another island or province). It is acknowledged that there are problems with this term and the risk that it overplays a delineation between landowners and settlers. Many places in Solomon Islands are comprised largely of people who were born or raised elsewhere or who have been living in an area for generations. 10  More on the meaning and usage of kastom can be found in section 4.1 below. 11  See, for example, Ellsberg et al. (2001). See also WHO (1999). 6    J4P Research report | AUGUST 2013 2. Historical Background and Contemporary Context The contemporary justice systems in place in components and intermediary mechanisms linking Solomon Islands, both state and local nonstate state and local-level authority. In their absence, systems, cannot be understood without attention state structures of authority are largely missing from to the colonial period (1893–1978). Local nonstate local communities. systems have their origins in the precolonial period but have also been profoundly shaped by the 2.1. LOCAL SOCIAL ORDERS AND THE STATE colonial and postcolonial experience.12 Although Solomon Islands is one of the most socially diverse and the fieldwork disclosed much nostalgia for the geographically fragmented countries in the world. methods of service delivery employed during the Its current population of just over one-half million colonial era, the colonial government was by no people speaks roughly 75 different languages and means a benign force. Initially, the colonial state is dispersed widely across an archipelago consisting undermined local systems and leadership by taking of over 900 islands, with the largest concentration away the autonomous authority of leaders and on the islands of Malaita, Guadalcanal, and those of subjecting them to discipline and violence. Once the Western province. Over 80 percent of Solomon subdued, transformed, and made dependent Islanders live in rural areas, and individual identities upon the state, they were partially reincorporated and allegiances remain highly localized.13 Although into the formal machinery of government. The cross-cutting ties associated with inter-marriage, dispute-management and governance systems social mobility, and globalization are important, moral and processes established at that time continue to frameworks drawing on local kastom and Christianity have significant repercussions in the way in which remain critical in shaping local socialization and the justice and governance are presently observed and organization of everyday life. practiced at the local level. Systems and processes introduced during the colonial era also provide an The character of local communities in Solomon important insight into how devolved administration Islands varies enormously, though they are generally and service delivery, including policing, might organized around some configuration of quasi- be achieved in current times. Further, notional traditional authority structures and those of the dichotomies between local/traditional systems and various churches. A capacity to manage conflict and state justice systems cannot be sustained in the face disputation has always been a feature of small-scale, of the prolonged and profound changes that have self-regulating Melanesian societies, though more occurred in Solomon Islands since the arrival of as aspects of their overall social order rather than as missionaries and the colonial government. discrete and formalized justice systems per se. A key feature of post-independence Solomon Islands Local social orders have demonstrated remarkable is the reordering of politics and the projection resilience and capacity to adapt in the face of of state authority in ways that have significantly the socioeconomic and political transformations eroded the colonial era systems. The 1998 demise associated with missionization (the arrival of Christian of area councils has been an important factor in the missionaries), colonial rule, and the more recent seemingly unrestrained growth of antisocial behavior processes of globalization. A deliberate undermining and contestation in many rural communities today. and gradual incorporation of local justice and As the lowest level of subnational government, the governance systems into the state was a feature of area councils provided devolved policing and justice colonial pacification. New forms of contemporary 12  A detailed rendering of the historical evolution of local justice and governance in Solomon Islands can be found in Goddard (2010). 13  The latest census figures (2009) indicate that 19.8 percent of the Solomon Islands’ population is urban (Solomon Islands 2012b, 1). Justice delivered locally   7 conflict stresses associated largely with natural resource development, especially logging, have placed additional pressure on local systems. At the same time, the modern state in Solomon Islands, as elsewhere in Melanesia, remains acutely fragile in terms of its institutional capabilities, penetration of local social orders, and ability to deliver essential services to the bulk of its population. The perceived disconnect between the centralized system of government and the predominantly rural- based population has long been a source of local and regional grievances in different parts of the country and constitutes a major fault line running through Solomon Islands’ modern political history. It is also considered an important factor contributing District Officer William Bell holding court, Malaita province, 1916. Image courtesy of the Martin and Osa Johnson Safari Museum. to the civil conflict or tension, as it is known locally, that engulfed the nation between 1998 and 2003. The historical dimensions of these local-central not returned it and moved to another island. (Tedder tensions are critical to understanding the county’s 2008, 237) contemporary dynamics. The grafting of English common law onto local 2.2. THE COLONIAL PERIOD: INDIRECT RULE practices often produced incongruous results: – HEADMEN, CHIEFS, COURTS, AND COUNCILS Before the British colonized what is now known as An assassin in a blood feud, whose homicide was Solomon Islands in 1893, legal and social order was culturally legitimate and even a duty, would find observed to be highly diverse. Precontact socio- himself before a bewigged and unintelligible political organization was characterized primarily magistrate, then imprisoned in Tulagi [the pre-World by relatively egalitarian “big-man” systems, though War II capital] for weeks or months while his crime chiefly systems also existed; in some places, both of breaking an alien law he had never heard of was achieved status and hereditary title coexisted and reviewed in Fiji, then led to the gallows. (Keesing and were complementary (Keesing 1985). Dispute Corris 1980, 30) management variously involved direct action (warfare, revenge attacks), the sanction of sorcery, Motivated by financial, administrative, and political the intervention of local leaders, and compensation exigencies, the British introduced a system of indirect payments (Goddard 2010, 6–9). rule in the 1920s. The aims of the new system were to reduce the cost of administration, enable the After colonization, British district commissioners protectorate to function with a small professional (DCs) and district officers (DOs) exercised direct staff, and mollify local actors who were calling for authority over the people (Bennett 1987, 210), with greater participation in running their own affairs dispute management a key feature of their role: (Akin forthcoming, 11). At every village there were disputes brought to the The first step toward indirect rule involved the DC to settle – if he could – often minor land disputes, appointment of Solomon Islander men to various problems over compensation for “swears”, either positions—district headmen, village headmen, and insults or something more serious such as calling village constables—responsible for carrying out the someone’s relation a loose woman. Then there were orders of the DCs and DOs.14 However, the ability the complaints of money lent to someone who had of appointed headmen to manage disputes was 14  This system was initially instituted under the Native Administration Regulation of 1922. Bennett states: “District headmen were paid £12 per year…village headmen £3, and constables £1 10s. For an outlay of less than a thousand pounds per year, or 1.6 percent of the protectorate’s annual expenditure for the years 1922-1927, the demands of the government could be brought right into the villages” (1987, 210–11). 8    J4P Research report | AUGUST 2013 sometimes undermined by the fact that they were structures had to be more genuinely inclusive not accepted by the people. Some men appointed of local representatives. Training courses were had competitors in the surrounding area, and provided for headmen, council members, and communities were divided as to the legitimacy of clerks (Bennett 1987, 305). Native courts, presided their leadership. The requirement that headmen over by government-appointed headmen and speak English or Pijin also meant in some cases “chiefs,” continued to expand, dealing with minor that leaders with a wide support-base in their criminal, civil, “customary,” and land cases. In the communities were passed over in favor of those 1960s, administrative structures involving local who could speak those languages but who lacked leaders, chiefs, and local councils representing local standing. Headmen across Solomon Islands rural areas throughout the islands were established ultimately came to wield substantial power as (Premdas 1982, 243). middlemen between the colonial and local social orders. These initiatives served to generate a notion among colonial authorities of traditional “chiefs” In addition to indirect governance structures, in (Keesing 1997, 251), who applied “customary law,” the early 1930s, tacit approval was given to the “predicated on an assumption that a timeless, establishment of “native tribunals” for the purposes enduring and pre-European ‘native custom’ of justice delivery. The British-appointed headmen existed that could be isolated and authenticated were also given prominent roles in the operation for legal purposes” (Akin 1999, 49; Laracy 1983). of these tribunals. By the eve of the Second World Among Solomon Islanders, a similar mythology of War, “native courts” and “native councils” were native custom and timeless tradition was used to presiding over cases of “native custom” in many validate movements such as Maasina Rule, despite parts of the country (Bennett 1987, 280–82). 15 their numerous innovations (Akin forthcoming). The idea of a dichotomy between “traditional” A period of civil disobedience linked to resistance law and leadership and government rule became to colonial rule occurred from the late 1940s to institutionalized, and a preoccupation with how the 1950s, characterized by locally led efforts to these two systems should be articulated has been install invented forms of indigenous governance. a feature of governance and development policy For example, under the auspices of Maasina planning to the present day, particularly in relation Rule, a religio-political movement that protested to justice delivery at the community level. A feature colonial rule, communities on Malaita province of this dichotomy in contemporary discourse is and on neighboring islands attempted to develop that kastom law is often erroneously interpreted by a hierarchical system of chiefs and to codify a outside observers as referring to a pre-European system of kastom law based on an amalgamation of “native custom.” traditional and foreign rules, including many derived from Christian doctrine and government law. They 2.3 THE POST-INDEPENDENCE PERIOD: also pressed for the institution of a popularly chosen, A REORDERING OF THE STATE rather than government-appointed, Malaita-wide These structures of local justice and governance council (Laracy 1983; Akin forthcoming). Similarly, carried over into the early post-independence on the Weather Coast of Guadalcanal province, the period. “Native courts” were renamed “local courts” Moro Movement, which was strongly influenced by and “area committees” became “area councils.” Maasina Rule, invoked kastom law as a challenge Area councils—once the lowest level of government to the legitimacy of colonial law and sought to in Solomon Islands—were comprised of elected establish kastom chiefs (Davenport and Çoker 1967). members whose functions included collecting basic taxes and business license fees, facilitating Partly as a result of these resistance movements, province-community dialogue, devising policies colonial authorities recognized that administrative on a variety of issues such as land use and tourism, 15  While practice varied from place to place, native councils and native courts were chaired by government-appointed headmen and staffed by traditional leaders (“elders” or “heads of lines”). In some places, this had the effect of reinforcing the authority of headmen. In others, however, the new system provided opportunities for traditional leaders to reassert their authority and some headmen found themselves usurped by “informally elected representatives to the court” (Bennett 1987, 282). Justice delivered locally   9 and undertaking public education campaigns on Today, Solomon Islands has two formal levels of a number of topics. “Council messengers,” later government, the national government and nine known as “area constables,” were employed by provincial governments, which nominally provide area councils to assist in the enforcement of local citizens with the most proximate presence of the bylaws and local court decisions. They also acted as state. The introduction of constituency development intermediaries between local council areas and the funds in 1992 and their growth since that time has wider state justice system, referring serious matters seen significant public monies allocated directly to the police and state court hierarchy. In 1988, there to national members of parliament (MPs).18 were 42 local courts across Solomon Islands hearing Discretionary spending by MPs is largely approximately 1,800 cases annually (Takoa and targeted at the individual and household levels Freeman 1988, 74). and surpasses central government funding of provincial governments. Together with a This system was effectively dismantled in 1998, when concentration of functions at the central level, the the area councils were suspended, officially as a role of subnational government has been further cost-saving measure. This step was carried out eroded by the exponential growth of this MP against the backdrop of an indigenous “structural discretionary spending. The effective elimination adjustment” program which included efforts of local government through the suspension of to reduce the size of the public service.16 As a area councils, coupled with the current weakness result, some 328 councilors and a large number of the provincial government system, is important of administrators and officials, including area in understanding the errant condition of state constables, were dismissed and the raft of commu- service delivery today, including state justice nity bylaws administered at this level disappeared services. Some have highlighted the coincidence overnight.17  Local courts also fared badly after in timing between the suspension of area councils independence. Prior to the suspension of the area and the outbreak of violence on Guadalcanal that councils, a process of administrative centralization occurred shortly thereafter—the tension period of of the courts took place, similarly in the name of 1998–2003. Scales, for example, observes that the cost-cutting. Today, local courts exist largely in name “removal of the local policing and justice systems only, and despite a handful of sittings annually, removed restraints on anti-social behaviour that they are, for reasons further explored in section 4, were formerly available” (Scales 2003, 9). While largely moribund. When they do sit they hear only the precise causality remains debatable, there can customary land-related disputes rather than the more be little doubt that the disappearance of these extensive repertoire of local disputation managed older administrative systems—and specifically their previously (Evans, Goddard, and Paterson 2011, 11). policing and justice dimensions—has made the task of effectively managing disputes and contestation in rural localities more difficult. 16  When the Solomon Islands Alliance for Change (SIAC) Government of Bart Ulufa’alu came to power in 1997, the economic situation was dire, with external funders reluctant to provide financial assistance (see Knapman and Saldanha 1999, 124). The SIAC embarked on a substantial structural adjustment program that included a reduction in the size and cost of the public service and a review of the provincial government system. The SIAC Government established a special select committee known as the Provincial Government Review Com- mittee, with a mandate in part to “consider whether or not to retain the area councils in view of the political desire to legally and fully recognise the authority and influence of the traditional leaders over resources and people.” Against this backdrop, in March 1998—one month before the release of the national budget—the then Minister for Provincial Government, Hon. Japhet Waipora, issued an order to suspend all area councils, subsequently citing the “bad financial situation experienced by the Government” and the inability to pay the salaries and allowances of area councilors (see Kongungaloso Timber Co Ltd v Attorney-General, High Court of Solomon Islands, October 22, 1999). Internal government correspondence from this time provides further justifications for the suspension: (i) the inability of govern- ment to pay for area council elections; (ii) the nonfunctioning of many area councils; and (iii) their inability to raise revenue from dedicated revenue streams (Hon. Fred Fono, MP, Letter to Hon. Japhet Waipora, MP, January 20, 1998). Following the government’s own structural re- form efforts was an August 1998 US$25 million loan by the Asian Development Bank that included a requirement that the Solomon Islands public service be reduced (Larmour 2005, 103). The suspension of area councils was intended to be temporary, pending the review of the provincial government system. The introduction of direct constituency development funds for national members of parliament in 1992 has also been posited as a reason behind the demise of area councils (see Scales 2003, 9). 17  Renbel and Choisuel are the only provinces to have retained area constables. The latter province engages two area constables on the island of Wagina, while Renbel province engages six across the islands of Rennell (four) and Bellona (two). 18  For a discussion of the history of constituency development funds in Solomon Islands, see Solomon Islands’ Parliament, Hansard, August 29, 2008, available at http://www.parliament.gov.sb/files/hansard/8th_session/8th_meeting/Hansard-29.08.08.pdf. 10    J4P Research report | AUGUST 2013 2.4. THE “TENSION,” 1998–200319 • The ongoing strength of localism and What became known locally as “the ethnic tension” regionalism, and corollary calls for greater or simply the “tension” began in late 1998, when devolution and provincial autonomy. groups of young Guadalcanal militants calling themselves the Isatabu Freedom Movement (IFM) • The presence of relatively large numbers of initiated a violent campaign of harassment that led poorly educated and underemployed young to the eviction of around 35,000 migrant, mainly men. Malaitan, settlers from their homes in the rural and peri-urban areas east and west of Honiara. A rival • Chronic political instability, and close ties militant group, the Malaita Eagle Force (MEF), between the political elite and the notoriously emerged in late 1999. Made up of men who had corrupt logging industry. been living on Guadalcanal province before the start of the conflict and others who had come from Malaita Proximate or triggering causes of the conflict province, the MEF established a “joint operation” included the role of political elites in manufacturing with the Malaita-dominated paramilitary Police Field ethnic conflict in pursuit of their own political and Force, and following a raid on the national armory in economic agendas; the disruption to political Honiara, staged a de facto coup in June 2000. patronage networks engendered by the combined impact, in the late 1990s, of declining demand for An important structural cause of the conflict was log exports due to the Asian financial crisis and the spatial inequality in socioeconomic opportunities the subsequent reform agenda of the Solomon brought about by long-standing patterns of uneven Islands’ Alliance for Change Government; and the development and, related to that, the migration of demonstration effects of the Bougainville conflict, people from the densely populated and undeveloped particularly on the thinking of young men on island of Malaita to Honiara and adjacent areas of Guadalcanal province. Guadalcanal province. Tension between settlers and indigenous landowners intensified, bringing The specter of all-out ethnic conflict receded their social and cultural differences into stark relief. following the signing of the Townsville Peace Local people began to resent Malaitans’ perceived Agreement (TPA) in October 2000. However, the domination of land and employment opportunities. TPA failed to establish a lasting peace, as the police Disputes also emerged within landowning groups were seriously divided and ineffective, weapons about the land transactions that had enabled remained in the hands of militants, and opportunistic Malaitans to settle on Guadalcanal province in violence and criminality continued in Honiara and increasing numbers (Allen 2012b; Monson 2012). certain other areas. On the remote and undeveloped These internecine disputes over land had an Weather Coast of Guadalcanal, a second joint intergenerational dimension, reminiscent of the operation consisting of police and former members origins of the Bougainville conflict in neighboring of the IFM continued to fight maverick Guadalcanal Papua New Guinea.20 leader Harold Keke and his Guadalcanal Liberation Front (GLF) followers, who had refused to sign the Relative deprivation was also an important grievance TPA. A particular feature of the fighting on the for many Guadalcanal militant leaders, most of whom Weather Coast—although by no means confined were from the underdeveloped Weather Coast to southern Guadalcanal—was widespread sexual of southern Guadalcanal. Other structural factors violence against women and girls (discussed contributing to the conflict included: further in section 4.2). Most large-scale commercial enterprises had closed down, government services • The weak institutional capacity and limited reach of the postcolonial state. 19  Portions of the discussion contained here can be found in Allen (2011b). 20  Bougainville’s decade-long conflict (1988–97) began with the militant actions of local landowners at the giant Panguna copper mine who were aggrieved over existing benefit distribution arrangements. Following heavy-handed responses by Papua New Guinea’s security forces, the localized dispute at Panguna escalated into a wider secessionist struggle waged between the self-styled Bougainville Revolu- tionary Army (BRA), the PNG Defence Force, and armed local groups (“the Resistance”) opposed to secession. Justice delivered locally   11 2.5. THE CONTEMPORARY CONTEXT Justice reform efforts in the post-tension period have been largely influenced and led by RAMSI and have centered on state institutions based in Honiara. Separate from the police, unprecedented levels of assistance, most commonly in the form of international advisers, who initially carried out in-line roles, has been provided to central justice institutions. While this support has had numerous positive outcomes—the prosecution of militants, rogue police, and some former politicians involved in tension-related matters and a significant upgrading in correctional services—in many respects, the centralized nature of the assistance has caused the rural population to perceive a further decline in the state’s presence and effectiveness. At the same time, and as described in section 4 of this paper, local nonstate systems are severely challenged by growing social and economic tensions. During the fieldwork, it was observed that nostalgic references to a colonial past when “government” was present in rural areas often accompanied contemporary discussions about local governance and the management of disputes. Contemporary nostalgia relates to enduring local perceptions about how those earlier administrative systems, including their policing and justice dimensions, appeared capable of projecting government power throughout most of the country, in a way that the postcolonial state has singularly failed to do. The RAMSI organized weapons surrender, Weather Coast, perceived advantages of older administrative and Guadalcanal province, August 2003. Image courtesy of the Regional Assistance Mission to Solomon Islands. governance mechanisms can be distilled down to the connections and linkages they established between different levels of government and different forms of authority. First, they are viewed as having were severely affected, and public funds were provided effective vertical links connecting the rapidly depleted as a result of the manipulation of the capital-based government system and the rurally compensation process, the corrupt use of ex-militants’ based population. Second, it is claimed that these demobilization and rehabilitation funds, and the older local-level administrative systems ensured direct theft and extortion of government finances. a more integrated approach to service delivery with horizontal links between different agencies, By 2003, it was clear that the SIG was incapable including, for example, the police, courts, and other of resolving the crisis and that an external circuit local officials. Finally, they are seen by many as having breaker was necessary. Following a second request enabled mutually constructive interactions between for international assistance by then Prime Minister Sir state and local systems that ensured a degree of Allan Kemakeza, RAMSI, a coalition of 15 states led coherence between the multiple systems discussed by Australia, was deployed in July 2003. above. A return to this real or imagined past, however, is unlikely. The current political trend is in favor of further centralization and the projection of the state through constituencies, rather than through more robust forms of subnational government. 12    J4P Research report | AUGUST 2013 3. The Nature and Drivers of Disputation and Grievance An objective of the JDL research has been to A further feature of disputation in Solomon Islands document the nature and drivers of disputes that is that conflicts, especially those pertaining to are commonly occurring in rural communities development, are rarely localized and frequently have across Solomon Islands, and the way these issues ripple effects elsewhere. This is a consequence of the are being managed. While the research discloses widespread internal migration and new technologies much intra-provincial variation, it also reveals a discussed below. Accordingly, disputes over a number of commonalities, most striking of which logging concession in west Rennell, for example, is the pervasiveness of what in isolation could be may prompt relatives and friends of the divergent characterized as small-scale social disturbances. parties located in the Honiara areas of White River or Within given geographic areas, neighboring Mamana Water to adopt positions in line with those communities are experiencing similar difficulties. In of their kin at home. This can lead to a breakdown in the same way, all of the groups spoken to in individual relationships in the capital and, sometimes, violence. field sites—women, men, youth, and leaders— identified the same issues, although frequently 3.1. SUBSTANCE ABUSE AND YOUTH CULTURE placing differing emphases on cause and effect. As The most prevalent cause for concern raised by discussed below, disputes and grievances varied interlocutors during the research relates to the more between regions and provinces, and the most undermining of social cohesion caused by antisocial common cause of differentiation was whether or not behavior. Highlighted here are two key elements a community had experienced or was experiencing of this concern: the endemic problem of substance natural resource development, particularly logging. abuse and the changing nature of youth culture. The discussion that follows is not confined purely to Substance abuse criminal offending and “law and justice” problems The most pervasive problem encountered was per se. Rather, the methodology employed sought substance abuse and the consequent antisocial to understand more broadly the underlying causes and illegal behaviors that typically accompany of disputation and grievance at the local level. consumption. Substances of a variety of forms are Examined in this part of the paper are the processes consumed: kwaso (distilled alcohol made of yeast, of development and change that are giving rise to or sugar, and water), marijuana, homebrew, and store- exacerbating particular forms of local-level conflict bought alcohol, typically beer.21 Often one substance and disputation, especially in relation to the four will be favored in a particular area. For example, most prevalent problems encountered: the erosion kwaso is most prevalent in north Malaita (see box 1); of social cohesion due to widespread substance marijuana in east Kwaio and east and west ‘Are‘are; abuse and linked to this, changes in youth behavior; marijuana and homebrew across Renbel province land- and natural resource-related conflicts; disputes and on the northern plains of Guadalcanal province; arising from local development projects; and marital and beer in those villages close to alcohol outlets disputation and domestic violence. in Isabel and Western provinces.22 The communities with the most acute substance abuse problems were those experiencing natural resource development, 21  While the term “store bought” is used here, frequently beer is sold at outlets that operate without liquor licenses, referred to as “black markets.” 22  While Choiseul province was not visited during the research, recent newspaper reports have documented Taro-based police as describ- ing kwaso as a “major problem” that is “faced by almost all parts of the province.” See J. Kaikai, “Police: Kwaso a Problem in Choiseul Province,” The Solomon Star, February 14, 2012, 3. Justice delivered locally   13 Police uprooting marijuana plants, Naro Village, Northwest Guadalcanal, Guadalcanal province, 2005. Image courtesy of the Police Media Unit, Royal Solomon Islands Police Force. in particular, logging (although a notable exception The use of most of the substances described manifests to this pattern is north Malaita, where there is a into an array of community problems. When people considerable substance abuse problem although are “full spaka” (heavily inebriated), they often cause there is no logging). In many of these areas, the a variety of disturbances or commit criminal offenses, production/growing, distribution, and consumption including fighting, swearing,24 domestic violence, of these substances is nothing short of endemic and stealing, and the destruction of property. Women overshadows all other types of community problems, raised issues of insecurity, referring to the constant including land-related disputes. fear of threatening and violent behavior. In Takwa in north Malaita, most of the problems reported in Kwaso and marijuana consumption are a recent the research were kwaso related, including illegal phenomenon. Kwaso was reportedly introduced gambling. More broadly in Malaita province, items in Honiara and then Malaita in the mid-1990s and such as copra (the dried meat of coconut), chickens, marijuana is said to have “exploded” at the same time or household utensils are stolen in order to fund the (Kuschel, Angikinui, and ‘Angiki 2005). Anecdotal purchase or production of kwaso. In all places, beer, evidence suggests that the consumption of both kwaso, and homebrew consumption to the point intensified during the tension, although this is not of inebriation frequently brought existing disputes, possible to quantify. Binge drinking episodes lasting particularly land disputes, to the surface.25 numerous days are not uncommon. Furthermore, while consumption is predominant among young Quite apart from its immediate behavioral symptoms men, it pervades all levels of society. When asked and health outcomes, drinking is an expensive activity who the main abusers of particular substances and endemic substance abuse diverts individuals were, a common response in the most affected away from livelihood activities, such as gardening communities was “everybody.”23 In some instances, or fishing, that are necessary to support basic consumption has become intergenerational, with family needs. It can also lead affected individuals to both parents and their children—including those of neglect other responsibilities such as the provision primary school age—producing and/or partaking in of parental care or undertaking of leadership duties. particular substances, including marijuana. 23  The exception to this is marijuana, which is predominantly, although not exclusively, smoked by young men. 24  Swearing can be a particularly serious breach of kastom in most parts of Solomon Islands, depending on the context in which the utterance is made. 25  In the remote Polynesian atoll of Sikaiana (Malaita province), a convention has been documented that people not discuss land-related issues while drinking because of the volatility of the subject matter. Nevertheless, it has been recorded that “when people are drunk, they are less inhibited, and it is at just such times that they argue and talk about land” (Donner n.d., 269). Today, a recurrent joke among Renbel youth is that the degree of an individual’s inebriation can be measured by when they start discussing land- and natural resource-related disputes. 14    J4P Research report | AUGUST 2013 A key concern among women was male family cohesion that will inevitably have further adverse members, especially husbands, spending money effects on local dispute-management capacities. on alcohol rather than food, school fees, or other important items.26 At the most extreme level, the use of such substances has had lethal repercussions. Of six murders that had The impact of consumption on youth is particularly taken place in the north Malaita region over 2010– alarming and renders Solomon Islands at risk of 11, four involved assailants who had been drunk producing large segments of future generations on kwaso.27 Two recent murders of young children who are unproductive and plagued by mental and in Renbel province involved men locally known to general health problems. Further, if experienced on have been long-term marijuana users. At the time a significant scale and sustained over time, such as of the research, at Rendova in Western province an the level of abuse witnessed during the research in inebriated young man had attempted to set himself north Malaita, the cumulative effects are likely to be alight with petrol after having already burned down a continuing and profound erosion of local social his house; community members intervened to prevent him from doing so. Box 1. Kwaso Production and Consumption in North Malaita A kwaso “cook” (producer) in Malu’u stated that chiefs and police officers are among his regular clientele—as are men, women, parents, and children—and that the only people who did not drink were “lotu men” (religious people). The cook stated that he can earn up to SBD$2,50028 in a week, which is over 15 times the minimum wage. Kwaso has also become a form of currency for the payment of various services, such as collecting copra. (A similar situation is occurring in Rennell and Bellona, with marijuana a favored form of payment to youth for manual labor.) There are no licenses to sell beer in north Malaita and for some, kwaso is seen as a cheap and readily available substitute. A police officer in north Malaita explained that the sale of beer was stopped following an appeal by chiefs to the provincial administration. Those who produce kwaso can be charged under the Liquor Act for making liquor without the necessary approval.29 The maximum fine for this offense increased in 2009 from SBD$1,200 to SBD$30,000.30 There is no specific offense related to drinking kwaso; however, those found drunk and disorderly in a public place are liable to be prosecuted and face a fine of SBD$20 or two months imprisonment.31 While all of the kwaso cooks spoken to in Malaita province during the research were men, it has been documented elsewhere that the majority of kwaso cooks in Honiara’s “settlements” are women.32 26  Frequent marijuana users were seen as “addem nara plate”—adding another plate (to the family dinner table) but not helping around the house or garden. 27  Similar stories of murders occurring in Honiara when offenders have been drinking kwaso have also been documented. See “Kwaso Homebrew New Scourge of Solomon Islands,” Radio Australia, May 20, 2009, available at http://www.radioaustralia.net.au/international/radio/onairhighlights/kwaso-homebrew-new-scourge-of-solomon-islands. 28  As of June 2013, the currency equivalent of the Solomon Islands dollar (SBD) was US$1.00 = SBD$7.18. 29  Contrary to s. 50 Liquor Act [CAP 144]. 30  Penalties Miscellaneous Amendment Act 2009. The penalty for illegally distilling liquor increased to a maximum of SBD$30,000, while the unauthorized sale of liquor increased to SBD$2,000 for a first offense and SBD$10,000 on each subsequent offense. 31  Penal Code [CAP 26], s. 175(d). 32  A 2008 study by Union Aid Abroad - APHEDA into the livelihoods of people living in Honiara settlements found that the majority of kwaso cooks were women. Women were said to be drawn to the work because it returned the most money for their effort and left time for other work such as gardening and caring for children. See Donnelly and Jiwanji (2010, 86). It should also be noted that during subsequent fieldwork in July 2012 in west Kwaio, Malaita province, a woman kwaso cook was identified. Justice delivered locally   15 The reasons for such widespread consumption are multiple and complex and outside the scope of the research. Substance abuse is a prominent feature of some aspects of Solomon Islands’ contemporary youth culture. In relation to youth, consumption was attributed to boredom, anxiety about family and relationship problems, and limited or no employment opportunities. While mentioned only intermittently, a further explanation is undoubtedly peer group pressure and the examples set by role models, including parents, community leaders, and the police. Recent, although limited, quantitative research indicates that young people attending school see alcohol and drugs as the main problem in their communities (UNICEF 2012, 59). During the tension period, marijuana and alcohol consumption was Police disposing of confiscated kwaso, Central Honiara, common among young male militants, and there is Guadalcanal province, 2009. quantitative evidence to suggest that marijuana and Image courtesy of the Police Media Unit, Royal Solomon Islands Police Force. kwaso use has increased since that time, at least in Honiara (see Jourdan 2008, 30).33 these various taboos. The ability to easily make “Mifala spaka fo garem kareg fo tok ovam problems.” homebrew and to a lesser extent kwaso, together with their relative cheapness, also helps to explain [We consume alcohol to give us courage to discuss widespread consumption. Similarly, marijuana is problems.] grown locally, widely available in Honiara and the “Daddy blong mi man for spaka gogo mi spakaman main provincial centers, and is also relatively cheap.34 tu dis taem.” [My father drinks so I drink this time too.] Youth culture and the erosion of social cohesion “Daddy and mammy blong mi divorce so mi spaka fo Similar to other parts of the world, the dynamic relaxim brain nomoa.” and changing nature of youth culture is an [My parents are divorced so I drink to relax my mind.] important factor that impacts on the cohesion of rural communities. Research on youth culture in - Male youths, Takwa village, north Malaita Solomon Islands has focused almost exclusively on urban youth (see, for example, Jourdan 1995). A further explanation for widespread alcohol Such research has highlighted the socioeconomic consumption was that people would drink in order marginalization of the young men who oscillate to raise their confidence to confront others over between town and village—in Pijin the so-called various issues, that is, as a means of building “Dutch masta liu—in the context of under-education and the courage.” In Solomon Islands society, often for dearth of formal employment opportunities. Many cultural reasons, it can be difficult to raise certain of the characteristics of urban youth culture are topics with family and friends, and various members also present in rural areas, which is hardly surprising of society, especially women and youth, are expected given the constant circulation of people, ideas, and to conform to certain standards of behavior, commodities between rural and urban localities. The including not voicing opinions on particular issues. long-standing pattern of circular migration, whereby It is probable that people drink alcohol to overcome men go and work in town or at enclave developments 33  For an account of the behavior of Malaita Eagle Force (MEF) militants in Auki, Malaita province, in 2000, including kwaso consumption, see Moore (2004, 139). 34  Costing SBD$20 for a prepackaged quarter ounce (approximately 7 grams) and SBD$2–3 for a rolled cigarette in Honiara and the main provincial capitals, climbing to SBD$5 or higher per cigarette in more remote localities, depending on availability. 16    J4P Research report | AUGUST 2013 sometimes for several years at a time, means that kastom and church leaders have sought to introduce some contemporary rural communities are comprised bylaws or other sorts of local rules governing dress mostly of women, children, and elderly people. standards (this is discussed in section 4 below).37 Children also regularly leave the community for a In all provinces visited except Renbel, numerous variety of reasons, often to attend schools elsewhere. communities had undertaken efforts to govern young Parents frequently spoke negatively about the impact women’s dress and hairstyles. The enforcement of of “town” influences and expressed a desire to see these standards was having mixed success. vagrant youth return to the village where they could learn about kastom and actively contribute through New forms of telecommunications, especially mobile working in the garden or caring for relatives. phones and the associated networks that now cover much of the archipelago, are also contributing to Male, and to a lesser extent female, youth culture in social and cultural change. The advent and ubiquity Solomon Islands is strongly influenced by Western of mobile phones is facilitating the increased popular culture, most notably hip-hop, rap and circulation of pornographic images and videos that reggae music, and the gang and drug cultures that are now readily accessible in Solomon Islands and these types of music often stylize. The “thug” or are commonly viewed and exchanged in schools.38 “thug life” culture of black America is also a feature Similarly, social media websites accessed via mobile of Solomon Islands’ contemporary male youth phones and computers have seen what would have culture.35 These foreign cultural influences have once been relatively localized disputes in Solomon combined with elements of indigenous culture, such Islands play out on a larger scale. It is not uncommon as notions of warriorhood and the valorization of for disputes, sometimes of a very personal nature certain “spoiling” behaviors.36 around issues such as natural resource development and religion, to play out over social media websites, Previous observers of youth culture in Solomon drawing in both the capital-based and international Islands and elsewhere in Melanesia have mentioned diasporas. Mobile phones have also facilitated the what they have called the “Ramboization” of young discovery of extramarital affairs (“O2s”—see section men (Jolly 2000, 317), dressing in the style of the 3.4 below) through text messaging. “guerrilla fighter – loose army trousers, boots, ragged shirts and dark glasses” (Macintyre 2002, 9). A characteristic of youth culture, although by no While this is not as prevalent today as it may have means confined to youth alone, is, as touched on been 10 years ago, there is still an element of this in above, the revelry of heavy group drinking sessions. A contemporary Solomon Islands. Importantly, Western further aspect is a resistance to the kastom strictures popular culture is also influencing the behavior of placed on premarital male-female socializing and girls and women, manifest most obviously in the sexual relationships.39 In some instances, kastom widespread adoption of a Western style of dress— is reworked by youth—and others—in the urban skirts, trousers, and shorts. Throughout the research setting to effectively become a tool for extortion; it was observed that the changing dress styles of a documented example is Malaitan masta liu young women has become a minor source of conflict demanding compensation from unwitting individuals in many rural communities and in some instances, for purported customary slights (Stritecky 2001; Akin 35  “Thug culture” is a recognized subcategory of hip-hop music and lifestyle that first developed among impoverished and alienated inner city African American and Puerto Rican youths in the 1970s and 1980s. American hip-hop artist Tupac Shakur reportedly first coined the term to describe a worldview and lifestyle that glorified gang life among youths who were engaged in criminally violent and predatory behavior. See Johnson (2012, 131). 36  “Spoiling behaviors” in reference to male youth are discussed by Stritecky (2001, 71), who states, “I had conversations [in Honiara] about young men’s spoiling behaviors with Christians in Catholic, COC [Church of Christ], SSEC [South Seas Evangelical Church], and SDA [Seventh-day Adventist] churches, all of whom claim that many young men in town still cultivate ties with deceased male kin, who in turn prompt the young men to steal, drink alcohol, fight and rape women.” 37  This is not necessarily a new phenomenon. For a heated exchange in the Governing Council of Solomon Islands in 1974 concerning women’s dress, see Pacific Islands Monthly 45, no. 5 (1974): 7. 38  In Papua New Guinea, the distribution of pornography has been linked to an increase in sexual offenses. See “Mobile Phones Promote Sex Crimes in PNG,” The Solomon Star, January 24, 2012, 15. 39  A youth “sexual subculture” has been documented by researchers in parts of Solomon Islands, exemplified through the language employed by youth around issues of a sexual nature, particularly the use of metaphor. See Buchanan-Aruwafu, Maebiru, and Aruwafu (2003, 220). Justice delivered locally   17 1999; Fraenkel 2004). Youth culture also includes the Land-related disputes romanticization, through popular culture, particularly Land-related disputes often play out at the group music, jokes, and stories, of certain behaviors and level, typically involving intra or inter-tribal, clan, activities that are documented here as key causes of and family disputation and conflict. Many land- disputation and grievance. Contemporary Solomon related disputes are of a historic nature, spanning Islander artists have written numerous popular songs generations; it is not uncommon, for example, to glorifying smoking marijuana and the drinking of hear of ongoing disputes whose origins predate homebrew and kwaso.40 independence. One male research participant in Rennell put it another way, calling customary land Finally, increased urbanization and growing numbers disputes “problems between histories.” Often all of urban youth are providing greater possibilities parties purporting ownership or access to land have for ethnic rivalry. Minority youth groups, such as some form of legitimate claim, although during the the Polynesian population from Renbel province, research, some asserted that parties would simply see Solomon Islands as largely controlled by others invent histories. with very different life views and who do not have their best interests in mind. More closely linked with Disputes over the ownership of or right to access masculine identity is the unquestioning support of gardening areas were recorded in all provinces one’s wantoks when they are involved in a dispute visited and were particularly acute in those areas or physical altercation with someone of a different experiencing population pressures (for example, Kia ethnicity. There have been instances of confrontations in Isabel province). Gardening area disputes were between youth of different ethnicities in Honiara, also a key area of concern in settler communities such most notably between Polynesian and Melanesian as Kwai island in East Malaita, and Fanalei/Fouele in groupings, and also on an intra-ethnic level.41 South Malaita. Commonly, men and women differed in their emphasis when it came to land-related 3.2. DEVELOPMENT AND disputes. Women tended to refer to disputes over LAND-RELATED DISPUTES42 residential and gardening areas and boundaries Like elsewhere in Melanesia, land-related disputes and their effect on livelihoods. For example, many are a dominant feature of the Solomon Islands women referred to disputes arising when one family social landscape. These disputes are accentuated works outside its area and encroaches upon another and intensified when land or resource ownership family’s gardening or residential area. Women would becomes associated with economic benefits. also frequently link disputes over garden sites with Disputes do not arise in a vacuum, but are triggered concerns over household food security, and were by a host of interconnected factors, including natural more likely to refer to the effect of land-related resource development such as logging, mining, disputes on social relationships and community fishing, or tourism; government/nongovernmental cohesion. By contrast, the men consulted tended organization (NGO)/donor projects; pressures to emphasize disputes over tribal boundaries and caused by population growth and the expansion of land ownership. smallholder cash-cropping; changes to established inheritance processes; migration and settlement; Social impacts are seen to greater or lesser degrees and the alienation of land. These stresses tend to be in all parts of rural Solomon Islands as a consequence less amenable to resolution through existing local of the increasing individualization associated with systems, and in fact, are contributing to the erosion cash-cropping and the commoditization of land itself. of those systems’ effectiveness and legitimacy. In 1953, the report of the Special Land Commission of the British Solomon Islands Protectorate noted “a progressive breakdown to individual tenure in 40  Such songs include, for example: “Smokin Weed,” by Tuntoon featuring OneTox; “When I Smoke,” by Devande; “High Grade,” by OneTox; “Weed Man,” by Shefram Crews 1; “Barman,” by 4-5 Crew; “Blaze the Weed,” by Dawgzman; “Spleaf Smoking,” by Easy Vibes; and “Blaze Again,” “Blaze Me,” and “Dealer Man,” by Muddy Bankers. 41  In 1989, riots took place in Honiara between Malaitans and Bellonese and again in 1996 between Malaitans and Reef Islanders. 42  In this part of the paper, references to land-related disputes refer to disputes over customary land unless otherwise indicated. The vast majority of land in Solomon Islands (some 87 percent) is customary land. 18    J4P Research report | AUGUST 2013 most coastal areas” (Allan 1957, 268). The relatively peter out, usually due to a lack of funds, or they permanent nature of cash crops such as coconuts typically reach an unsatisfactory conclusion. The and more recently, cocoa and oil palm, has removed ability of people to “appeal” from the kastom system much of the tenurial flexibility afforded by the shifting to the state system was a source of complaint, as the cultivation of subsistence crops. Most significantly, high appeal rates were often regarded as serving cash-cropping has had an impact on cycles of land to undermine the authority of local leaders, though inheritance and intergenerational redistribution. the declining respect for these local authorities also This has been most acute in matrilineal societies contributes to the high tendency to appeal. in which the land and trees a man cultivated generally passed to his matrilineal unit (including In the state justice system, land disputes will often his sister’s sons) upon his death.43 With the advent float from forum to forum over what can be a number of cash-cropping and increased migration, men are of years, even decades. When and if a final decision increasingly endeavoring to pass these resources on is made following any appeal, it will inevitably to their own children, who (in matrilineal societies) be rejected by the losing party/parties who will have different clan affiliations (Bathgate 1993). On steadfastly maintain their entitlement to the land north Guadalcanal, the informal and formal sale and frequently ignore the decision that has been of land, again by senior men and often without handed down. It is the persistent inability of both the knowledge or approval of their matrilineal the nonstate and state systems to be able to deal landowning groups, is a significant source of intra- with land-related disputes that has led many of those group and intergenerational conflict. interviewed to reach the conclusion that “mifala no garrem any way noa for solvem thatfala problem” When land-related disputes are successfully resolved (“we don’t have any way to solve that problem now”). at the local level, it invariably involves each party’s recognition of the legitimacy of the other’s claims, Land-related disputes give rise to a variety of and some form of compromise reached. It is only concurrent disputes and offenses. These include the when land-related disputes cannot be resolved destruction of property, including buildings, crops, at the local level (because one or all parties fail to or infrastructure; swearing, gossip, and threats; recognize the other’s claim) that they find their way divisions in kinship groups and communities, with into the state justice system. an accompanying unwillingness to socialize or work together; and even physical violence, including When land-related disputes enter the state system, murder. Monson (2012), analyzing a number of they are more often than not intractable and Solomon Islands’ murder and assault cases, states seemingly beyond resolution. The language used that there is “often a link between criminal violence by numerous interviewees around land-related and ongoing grievances regarding land.”44 disputes during the research was enlightening, with many simply seeing each state forum as a step in a Internal migration and settlement chain that must be obediently followed. Accordingly, Another critical dimension of land-related disputation matters start in the kastom system and “must be” is that of internal migration and settlement. The or “need to be” appealed to the local court, with movement of people has been a long-standing allegations of bias on the part of local leaders and phenomenon in all parts of Solomon Islands. The chiefs the most common grounds for appeal. From influx of Christian missionaries led to the movement there, matters progress up the court hierarchy (see of inland communities to coastal areas and the figure 2 in section 4.2 below) to customary land formation of larger villages around mission stations. appeal courts and the High Court until they either Today, these coastal communities are generally 43  These resources could, however, also pass to his children through mortuary feasting and customary exchanges. In relation to Guadalcanal province, see Takutile (1979) and Hogbin (1934); in relation to Ranongga, Western province, see McDougall and Kere (2011). 44  Monson cites the following recent cases as examples: Regina v Ome [2011] SBHC 27; HCSI-CRC 265 of 2006 (May 6, 2011); Regina v Bolami [2011] SBHC 28; HCSI-CRC 331 of 2005, 454 and 455 of 2007 (May 4, 2011) in which the accused denied that his alleged murder of another man was motivated by a land dispute. She states that there “is significantly more anecdotal evidence for the link between violent crime and land disputes. To take just one example, one man described to me how he had returned to his village during the Christmas period in order to establish a water tank there. When he arrived at the wharf he saw several police officers boarding a police boat with a man who they had just arrested. He was told that a dispute in a nearby village regarding the distribution of logging royalties had escalated into a violent confronta- tion the night before, and one man had taken a rock and slammed it into another’s head, killing him almost instantly” (Monson 2012, 19). Justice delivered locally   19 comprised of both the original landowning groups that problems often arise when those “married-in” and tribes whose primary land rights remain in their to communities were unwilling to abide by local ancestral territories (see box 3 below). Communities kastom. There was a view that first, these people have also relocated for a variety of other reasons such could not be sanctioned in the same way as people as warfare, allegations of sorcery, natural disasters, from Isabel, and second, once they were part of a and disease, or to have better access to livelihood community (and related to others via marriage— opportunities, government services, or culturally tabu) it was difficult to confront them. significant resources. Migration’s potential to trigger conflict and Geographical inequalities in employment and other its consequences on local forms of dispute cash-earning opportunities and access to services management were demonstrated vividly during the have been important drivers of movement, especially tension, with the mass eviction of non-Guadalcanal, since the Second World War. Resource insecurity in predominantly Malaitan, settlers from rural and areas of out-migration, for example, in north Malaita peri-rural areas east and west of Honiara between where there are shortages of land for subsistence and late 1998 and 2000. An important cause of the cash crop production, has also been an important tension—and an ongoing cause of grievance—was factor. While the long-standing pattern of circular the perception among landowning communities migration remains important, there has been a trend on Guadalcanal province that migrant settlers toward permanent migration and settlement. That had begun to disrespect important aspects of said, the tension period saw the mass displacement local kastom and had sought to impose their own of settlers from rural areas east and west of Honiara kastom laws and practices. The conflict also had an that were the main destinations for settlers in the important social and intergenerational dimension in preceding decades. the sense that descendants and relatives of original settlers, who had usually developed and maintained As populations grow over time, land-related disputes social relations with landowning communities are becoming increasingly commonplace between through gift exchange and the performance of settlers and landowners, even in communities in “good deeds,” ceased to perform such activities which different tribes have lived together for many and no longer understood the nature of the original generations. The greatest potential for social conflict agreements with landowners.45 The younger occurs in communities that contain settlers from generation of landowners also resented the informal different language groups and provinces. In these or formal sale of land to settlers by senior members circumstances, differing kastom norms and practices, of their own landowning groups, as mentioned including in relation to dispute management and above, which compounded the grievances that gave land tenure, can give rise to conflict. As a local system rise to the tension. dependent on its acceptance by the community, kastom is most effective when operating at the Efforts on Guadalcanal province to create institutions family or tribal level, with parties from the same capable of mediating across ethnic divisions broke group appearing before adjudicators who are their down because of settlers’ believed lack of respect peers. It is extremely difficult for members of one for local kastom.46 Discussions on the Guadalcanal group to impose sanctions on or issue directions to Plains during the research with both members of members of another group. This harks back to the landowning groups and those who had married in “big man” system whereby individual leaders rarely from elsewhere made clear that there is a need for exercised powers beyond their own constituents. a greater awareness of Guadalcanal kastom on the For example, in Isabel province, interviewees noted part of migrants and settlers; indeed, interviewees 45  While this discussion is focused on settlers, it should be noted that similar issues around misunderstandings of original land transfer arrangements were recorded during the research between family members and between communities.. 46  Naitoro (2000, 9) details the establishment of a series of village committees across the various company estates of the Guadalcanal palm oil plantation, each comprised of representatives from different tribal groups of different ethnicities. These committees played a dispute- resolution role. He provides the example of how one committee dealt with an adultery case, deciding a level of compensation that would be a “comparative cost for such compensation from different provincial customs.” 20    J4P Research report | AUGUST 2013 generally said that dispute-management processes associated with them. Small numbers of individuals, must follow the kastom of the host community. It typically senior men, including chiefs who sometimes was also acknowledged that Guadalcanal chiefs hold tenuous claims to landownership, have been and communities need to be aware of the kastom able to capture these economic benefits by virtue of other island groups, so that disputes using both of being “timber rights holders” (or directors of Guadalcanal and non-Guadalcanal kastom can be local logging companies) in the case of logging done with less difficulty. operations, or “trustees” in the case of other types of resource developments. Timber rights holders and Similar, albeit less intense, dynamics are at play in directors of the local companies formed to manage areas where settlers and landowners from the same royalty payments are often educated, Honiara-based language group have coexisted for two or three men who receive the financial backing of the typically generations. This was observed to be the case in Malaysian companies through the timber rights the villages of Kia and Koge on Isabel province, acquisition process. Other community members and East ‘Are‘are on Malaita province, where the find it difficult to compete with these individuals, or younger generation of both settlers and landowners the logging companies themselves, due to a lack lack knowledge about local land tenure systems and of financial and technical capacity. This capture of the terms of the original agreements that granted benefits by a handful of men occurs across all types settlers access to land, resulting in an increase in of customary land tenure systems; those that are land-related disputes, particularly in relation to predominantly matrilineal, those that emphasize the garden sites. This is especially important in a context patrilineal line, and those that are clearly cognatic. in which land-related disputes are resolved primarily Even in matrilineal societies, male leaders, especially by reference to detailed oral genealogical histories. tribal chiefs, “speak for the land” (Monson 2012). The fluid and frequently informal nature of the Solomon Islands’ dominant extractive resource agreements that underpin settlers’ access to land industry, logging, has had severe localized social makes them particularly vulnerable with respect impacts.48 In those parts of Isabel and Western to livelihoods. For example, members of a Lau- provinces that have experienced logging, speaking community that has settled at Fanalei/ communities universally recounted land-related Fouele on south Malaita reported that disputes disputes as their key concern. Communities in with the inland Sa’a-speaking landowning group north and central Malaita recounted a relatively are occurring with increasing frequency due to low prevalence of such disputes, but researchers population growth. Women interviewees stated that observed a high prevalence of logging-related land families that are not connected to the landowning disputes in ‘Are‘are. Similar impacts are associated group through marriage are finding it difficult to with mining and mineral prospecting, and with large- continue to negotiate access to land for gardening, scale commercial agricultural enterprises such as the which is having an adverse impact on household Guadalcanal Plains Palm Oil Limited operation. In food security. Guadalcanal province, a further cause of disputation has been the distribution of royalties associated with Natural resource development development on the northern plains (much of which The localized political economy of Melanesian has occurred on alienated land) as well as the Kongali landownership in the context of extractive resource water source to the west of Honiara. The localized industries has been well documented.47 While some social impacts of these resource industries on north landowning community members may be opposed Guadalcanal were an important but frequently to extractive resource projects, disputes for the most underacknowledged cause of the tension (see Allen part revolve around the payment and distribution of 2012a, 2012b; Kabutaulaka 2001; Maetala 2008; the royalties, rents, and access fees that are variously Monson 2010, 2011; and Nanau 2009). 47  For example, Filer (1997) and Allen (2013). 48  In 2011, logging contributed around 70 percent of export income (compared to 50 percent in 1994) and more than 15 percent of govern- ment revenue (Allen 2011a, 277). In 2012, the Central Bank of Solomon Islands indicated that “export of round logs was still the mainstay of the economy and generated 44% of total export earnings. Total volume of logs exported was 1.9 million cubic meters. This level of production reflected the rising number of logging licences issued during the year and clearly places the future of logging in an unsustain- able situation” (Central Bank of Solomon Islands 2012, 4). Justice delivered locally   21 In many communities subject to extensive logging some places visited in Western province, there and other extractive industries, such as fishing and was a high rate of absenteeism among chiefs, with mining, chiefly authority and legitimacy have been many preferring to use the proceeds of logging to significantly undermined. It is not uncommon for reside in Honiara. It was also reported that the chiefs logging companies to recruit men—including chiefs, are often biased and partisan in their adjudication but also educated elites—as their “agents” or of disputes and are prone to in-fighting, and for “middlemen,” paying them in the form of allowances, this reason can no longer play an effective role in accommodation, or other items, such as outboard dispute management or resolution around land and boat engines. This practice results in the discrediting natural resource-related disputes. This was a salient of chiefs in the eyes of their communities. In issue also in Malaita province, especially in ‘Are‘are, response to questions posed about the role of chiefs where the involvement of chiefs in logging disputes in logging, a common refrain was “chief or thief?” has compromised their legitimacy and authority as An alternate version was, “chief lo today, thief for community-level arbiters. today” (“chief of today, thief for today”). “Olketa [chiefs] no save lo kastom and culture. What Throughout much of Western province, kastom olketa save nomoa, name blo logging company, systems have fallen into disrepute and are no longer seleni and hotels lo Honiara.” working, in great part because chiefs are seen to be compromised through their involvement with [The chiefs don’t know about kastom and culture. logging, antisocial behaviors, and land-related They only know about the name of logging disputes. Chiefly alignment with the mainly Malaysian companies, money, and hotels in Honiara.] logging companies results in facetious referrals - Adult focus group, Rukutu village, Morovo Lagoon, to them locally as “black waku” (black Asians). In Western Province Log pond located next to Penjuku Village, Morovo, Western province, November 2011. 22    J4P Research report | AUGUST 2013 The capture of economic benefits by a small about parents prostituting their children to Asian number of male leaders leads to a host of negative loggers. In addition to the social problems detailed, social impacts, which in turn frequently lead to domestic violence was also a major concern in logging confrontation and conflict: areas, commonly linked to alcohol consumption. These impacts extend beyond the logging industry, • The hoarding of wealth undermines the as similar issues, especially prostitution, including reciprocity and distribution that are central to the underage sex, have been documented in relation to creation and maintenance of social relationships foreign fishing vessels (see Callinan 2006; Donnelly and group cohesion. Individuals will also and Jiwanji 2010, 70; UNICEF, UNESCAP, and ECPAT attempt to sever, conceal, or denounce their 2008, 15, 19, 26). social networks in order to demonstrate their “landowner” status or minimize their benefit- sharing obligations (cf. Bainton 2009). Box 2.The Effects of Logging in • Women and youth are marginalized from Birao Ward, Marau Sound, East Guadalcanal negotiations and sharing in the economic benefits that flow from natural resource “Soccer matches turned into battle grounds as developments. youths from both sides assaulted each other. Youth from Makina area also insulted their own • The senior men in question, many of whom are tribal elders who granted the Timber Rights. tribal chiefs, often use the benefits to engage Arguments over a proposed site for a log pond in alcohol consumption and/or adultery, and to move to Honiara for extended periods, ensued between some Marau ‘Are‘are and assuming they resided in the community in the Birao speakers culminating into direct physical first place. They may also become involved in confrontations …. youths threatened to set the protracted and bitter intra and inter-tribal [on] fire ... logging machineries if they ever land disputes that are invariably engendered by landed ashore. All of these criminal activities natural resource development projects. occurred with no police intervention, despite the fact that two RSIPF officers were stationed Another set of social impacts that relates particularly at Marau at that time. Most of these criminal to logging are those associated with the presence activities have not been settled through of logging camps in the vicinity of villages. These camps, which house foreign workers (generally traditional means or taken up by police. They Chinese Malaysians) as well as workers from other remain even after the logging stopped.” parts of Solomon Islands, become “honey pots” (Wairu and Nanau 2011, 6) for alcohol consumption and prostitution (including child prostitution, see Herbert 2007). Relationships between foreign workers and unmarried local women are commonplace and can lead to unrequited claims 3.3. NGO, DONOR, for compensation from the woman’s male family AND GOVERNMENT PROJECTS members, as well as unwanted pregnancies and A further cause of community grievance experienced fatherless children when the foreign workers depart. in all provinces is disputation around small-scale government-, donor-, and NGO-funded projects. Community groups complained about these social Examples of such projects include infrastructure impacts at all places where there are, or had been, initiatives (such as roads, bridges, hydropower logging operations. In Western province, near Boro schemes, water and sanitation projects, clinics, village on Vella Lavella, five girls from surrounding schools, and markets) and governance interventions, villages were said to have had children with Asian especially efforts to create community structures and loggers. In a village in West ‘Are‘are, Malaita province, awareness around environmental projects. These the research revealed male youth exchanging girls projects are met with various degrees of success, for beer with Asian loggers. While in a community although failure is a more common outcome, which in in Isabel province, multiple informants shared stories some places is more acute than others. For example, Justice delivered locally   23 in Renbel province, where an almost complete Conservation projects sponsored by international collapse of community governance mechanisms NGOs and donors frequently involve the channeling was observed, there appeared to be close to a of financial and other resources through landowner 100 percent failure rate of such projects, which representational bodies. As with other projects were referred to as a common cause of community that involve benefits associated with customary grievance. Any sort of public works or infrastructure property rights, the distribution and management of project will necessarily entail a number of steps, each such funds can be a significant cause of local-level of which may be met by disputation: conflict. Disputes can also revolve around questions of who benefits from the training (and associated • First, the identification of the project type and travel and allowances), capacity-building, and project site. Government project selection in employment opportunities that are often associated particular may be perceived to be on the basis with such projects. Fieldwork encountered disputes of benefiting patrons and followers. Customary concerning conservation projects in Malaita, land-related disputes are frequent also, as Renbel, and Western provinces.49 Perhaps the most indicated in box 3 intractable such dispute was in Fanalei/Fouele in south Malaita, where the village committee had • Second, if applicable, the identification of become completely dysfunctional due to a bitter trustees or spokespeople to act on behalf of the feud among various members around a dolphin landowning group or the community in relation conservation project involving the international to the receipt and distribution of benefits NGO Earth Island Institute. The dispute concerned associated with the project. Often projects will whether community members who were resident provide a platform for the airing of preexisting in Honiara should receive benefits from the project, intra-community disputes or rivalries. The with a minority of village committee members exclusion of various vocal individuals or groups supporting the Honiara-based group.50 This dispute from project-related decision making can create exemplifies how the involvement of chiefs and/or pockets of resistance and agitation. village leaders in local conflicts can have a negative impact on their ability to resolve disputes across • Third, the sharing of benefits. This is one of the board. the main fault lines, both during the project establishment phase and upon project A lack of community consultation, transparency, and completion. As is the case with other forms of ongoing communication by project implementers, development that involve the distribution of and the frequent by-passing of existing community resource rents, the benefits of any project risk governance systems, including chiefs and local capture by a small number of men. For example, leaders, can lead to outright hostility toward the in Renbel province, a family or a number of project and may also contribute to an environment individuals will inevitably capture any benefits, in which problems fester and/or go unaddressed. fixed or otherwise, for their own personal use. 49  Similar disputes have been documented in parts of Western province by other researchers. See McDougall (2005) and Foale (2001). 50  Subsequent to the fieldwork, the dispute became focused on an alleged failure of the Earth Island Institute to honor the terms of the memorandum of understanding entered into with the community. See “Villages Slaughter 700 Dolphins in Retaliation,” The Solomon Star, January 22, 2013, available at: http://www.solomonstarnews.com/news/national/16985-villagers-slaughter-700-dolphins-in-retaliation. 24    J4P Research report | AUGUST 2013 Box 3. Case Studies of International Donor-Funded Projects Lavagu Community Market House Project, Renbel Province51 Lavagu Community Market House, Lavagu, Rennell, Renbel province, February 2012. In 2010, the Lavagu community in west Rennell, Renbel province, secured SBD$37,000 to fund the construction of a market house. The funds were provided under a capital fund of a multi-donor-supported provincial government strengthening program implemented by the United Nations Development Programme (UNDP) and the United Nations Capital Development Fund (UNCDF) through the Ministry of Provincial Government and Institutional Strengthening. The provincial member for the ward in which the market was to be built had explained to the provincial assembly that the decision to construct the market was made by the community in earlier consultations on infrastructure needs. However, various people in Lavagu claimed otherwise, stating that there had been no prior consultation. The construction was said to have triggered a conflict involving groups from two different tribes. The Lavagu community comprises the original inhabitants of the area, together with a settler tribe who moved into the area in the 1940s from inland, central Rennell. The settlers moved to Lavagu, a coastal community, to be closer to the South Seas Evangelical Church (SSEC). They were granted permission to settle there by chiefs of the original tribal group. It was said that they were given housing plots but had no further rights over the land. Importantly, they also had no decision-making powers over the land that they were allocated for housing. Several of those interviewed explained that the persons who gave permission for the use of the land where the market house was to be constructed were from the settler group. Those described as settlers claimed that their grandparents and parents had been involved in the necessary kastom land transfer practices and therefore they could do what they wished with the land. In June 2012, the market house was complete but was not in use due to the conflict over control of the land. Negotiations between the provincial administration and representatives of the families of the original tribe to allow for the opening of the market house took place and as of February 2013, it appeared that a resolution had been reached, with the market house opened for public use. 51  These case studies were compiled from several conversations with community members in Lavagu and Chubikopi and as such, are based on community perceptions. The contents of these case studies were shared with Honiara-based staff working on the project implementing programs (the Provincial Governance Strengthening Program and the Rural Development Program). Justice delivered locally   25 The Chubikopi Primary School Building Project, Western Province Construction of Chubikopi Primary School, Marovo Lagoon, Western province, November 2011. In 2009, the Chubikopi community in the Marovo Lagoon of Western province was approved to participate in the Rural Development Program (RDP), a community-driven development project funded by the Australian Agency for International Development (AusAID), the European Union, the International Fund for Agricultural Development, and the World Bank. In compliance with RDP requirements, the Chubikopi community established a village-level subimplementation committee, and selected the construction of a primary school building consisting of six classroom blocks, a library, an office block, and an open school hall. The 12-member committee went about organizing people to undertake the work. Construction began in October 2010 and as of September 2012, remained ongoing. The project has experienced a number of difficulties, however. First, problems were said to have arisen when the village committee decided to replace the incumbent treasurer. The replacement, apparently chosen without community consultation, was said to be related via marriage to an RDP staff member, resulting in widespread community anger. This situation was exacerbated when a close relative of the newly installed treasurer was alleged to have misused an allocation of fuel earmarked for the project. Community confidence and faith in the committee waned and in turn, this led to the resignation of the chairman. Other committee members also quietly ceased working, concerned about the community division that the project was causing. Eventually, the dysfunction around the village subimplementation committee resulted in a complete shutdown of the project for a period of approximately six months. This situation was remedied only when the local church minister and chief conducted a reconciliation ceremony. The second problem with the project manifested on a wider scale. Neighboring villages felt aggrieved at the selection of Chubikopi for inclusion in the RDP. A perception developed that the relationship of several RDP employees resulted in the prioritized treatment of various villages, including Chubikopi. A paid staff member of the RDP was from Chubikopi, leading to a sense of favoritism around the approval of the project. 26    J4P Research report | AUGUST 2013 3.4. MARITAL DISPUTATION with overtones of violence. Accordingly, a young man AND DOMESTIC VIOLENCE simply speaking to or socializing with a young woman Adultery and premarital encounters would be subjected to claims to compensation from Adultery was commonly, and often facetiously, the woman’s male relatives. referred to as “O2” or “O2 bisnis” (business) during the research.52 More often than not, adultery was Domestic violence raised by women. In most places in Solomon Islands, Unless in response to its use by a research team adultery has long been considered a serious breach member, the term “domestic violence” was not often of kastom. Prior to Christianity and the introduced used by those interviewed, who instead commonly law, in parts of the country a conventional response used terms such as “killem wife” or “killem woman” was death to the male participant (and in some (killem means to physically assault). Spousal violence instances, the female participant). The colonial and other forms of domestic violence were not government’s attitude to adultery was a major routinely raised as a problem by women or men, source of confrontation for Malaitans in particular, nor voiced as a source of conflict in the communities who believed that the response of the introduced visited. This is not to say that such violence does not law (a fine or imprisonment) was too weak (Bennett occur. Indeed, comprehensive quantitative research 1987, 278; Goodwin 2006, 92–94; Laracy and Laracy undertaken in 2009 by the Secretariat of the Pacific 1980, 138–40). Today, adultery often leads to a raft Community (SPC) for the Ministry of Women, Youth of related offenses and grievances, most commonly and Children’s Affairs found that it is common, gossip, threats, and physical violence. pervasive, and of serious concern (see SPC 2009) and is committed in various forms—emotional, physical, Premarital encounters (consensual or otherwise) and sexual.53 often precipitate threats and violence in almost all parts of Solomon Islands. In Malaita province, There are several obvious explanations for why where there are strict kastom rules surrounding domestic violence was not raised by the women who relationships between men and women, premarital were interviewed. One is that the research questions encounters ranked as the third or fourth most were directed primarily at gathering data on the kinds common cause of community disputation (usually of problems or disputes people saw arising in their behind substance abuse and land-related disputes). communities, not within the home. Another is that Violation frequently results in an immediate demand asking women about domestic violence is effectively for compensation, usually made by the male relatives, asking them to reveal negative information about especially brothers, of the woman who is deemed their fathers, husbands, brothers, and/or sons. to have been affronted, with a threat of consequent Where women raised domestic violence issues violence should payment not be forthcoming. This (whether in focus groups or one-on-one interviews), can be contrasted to Western province where the it was generally in reference to anonymous couples demand is typically made by the male relatives of or was inadvertently raised when discussing other the woman said to have committed adultery. Some topics, such as substance abuse. The management Malaitan interviewees asserted that kastom was of domestic violence incidents was overwhelmingly being manipulated, with demands for compensation considered a “private matter” between husband dressed up as permissible customary appeals. There and wife or between their extended families.54 This was a feeling that any slight breach of kastom, real accords with the 2009 study that found that 69.9 or perceived, would be followed by a demand, often percent of women who had been physically or 52  Female relationships in a man’s life are colloquially referred to as “O1” (wife or first partner), “O2,” “O3,” etc., in accordance with the order in which the relationships began. 53  The key finding of the 2009 Secretariat of the Pacific Community (SPC) quantitative study was that two in three (63.5 percent) of “ever-part- nered” women aged 15–49 in Solomon Islands (n=26180) had experienced physical or sexual violence, or both, by an “intimate partner” (SPC 2009, 62). 54  Domestic disputes are regarded as “private” but are often resolved with the involvement of the extended families of a couple. It is common for relatives of either the husband or wife to intervene in domestic violence. The findings in this area are corroborated by the 2009 study that found that some 78.2 percent of women located in the provinces (n=2217) agreed that “family problems should only be discussed with people in the family” (SPC 2009, 72). Justice delivered locally   27 sexually abused by a partner had not reported it to circumstances.56 A further explanation for a lack of anyone (SPC 2009, 125). According to the study, only reporting may be an inability to access police or 1.1 percent of women who had experienced physical other state services or a general lack of knowledge or sexual abuse by a partner reported the incident to about such services. In some areas, kastom rules police, compared with some 4.4 percent to a “local about compensation act as a further deterrent to leader/religious leader” (SPC 2009, 125). The most reporting sexual violence. In north Malaita, women common “agency or authority” that women go to who leave the house to avoid domestic violence, when seeking help are “religious leaders/church” or even just speak about it, are said to bring shame (SPC 2009, 126). on their partners; often women are required to pay compensation for inflicting this shame. “Domestic violence cases are also reported directly to the police but it does not happen often. It’s possible Across Guadalcanal province, some consider it a that it does not come out into the public because it breach of kastom for a woman to openly discuss happens and is resolved within the home.” issues of a sexual nature in front of male relatives. If a woman does so, compensation may need to be paid “Olketa woman save washim aot kes bikos if he to her brothers, uncles, and/or father. It was said that [partner blo woman] go lo sela, hu nao bae lukaftam the usual amount to be paid, in cash or shell money, famili taem breadwinner no stap?” is between SBD$500 and SBD$1,000. According to the police, rape cases that had occurred during [Women do not proceed with cases because if he the tension period involving complainants from [the partner] goes to jail who will look after the family Guadalcanal province did not proceed largely when the breadwinner is not around?] because the airing of such issues in a public forum, - Woman participants, Buala village, Isabel province such as a court, would potentially result in a need to pay compensation. If a woman did give evidence During the fieldwork women offered various reasons and her male family members were made aware of as to why they do not report or proceed with cases this, compensation may need to be paid before she against their abusive partners. As the quote above could be welcomed back to the family.57 In Renbel indicates, a common concern was the economic province, unlike Malaita and Guadalcanal provinces, impact that having a spouse incarcerated would there do not appear to be any cultural barriers cause, together with a degree of sympathy for that prevent or discourage women from reporting their partner after the initial hurt and anger had instances of violence. Those who inflict domestic subsided.55 Some women believed that in certain violence are widely known in the small communities circumstances, a man is justified in beating his wife as of Rennell and Bellona and are generally socially a means of punishing her for perceived indiscretions. ostracized and spoken about in a mocking and In this context, such violence was referred to by disparaging way, but rarely reported to anyone, some as “wrong blo woman” (the fault of the especially the police. woman). The 2009 study showed that a clear majority of women and men in Solomon Islands believe Some researchers believe that family violence is less that a man is justified in beating his wife in various of a problem in rural areas of Solomon Islands than in 55  On the question of the reasons offered for domestic violence, other quantitative research (Jourdan 2008, 26) reveals other reasons pre- sented by women in various areas of Honiara: drunkenness, jealousy, and disobedience, with men putting forward arguments between spouses. Similar reasons were uncovered during the JDL research. In addition, the following were raised as a trigger for domestic violence: a failure to prepare meals, a refusal to engage in sex, women “talking back” to their partners, and the discovery of text messages and/or phone calls from “O2s” (see glossary) on spouses’ mobile phones. 56  According to the study, some 70.3 percent of women (n=2217) in the provinces of Solomon Islands agreed that in a number of specified in- stances, including if a woman disobeys her husband or if she has been unfaithful, it was acceptable for the man to beat his wife (SPC 2009, 73). This figure is similar to other quantitative research carried out in 2007 that posed a similar question, with some 69.5 percent of rural woman agreeing that in certain circumstances, a husband is justified in hitting or beating his wife, compared with 65.1 percent for urban women (SIG 2009a, 281). Similarly, some 62.6 percent of rural men believe that in certain circumstances, violence against women is justified, compared with 76.1 percent for urban men (SIG 2009a, 283). 57  At the same time, it must also be emphasized that male relatives, particularly brothers, often support female relatives in making complaints to the police, for example, by attending the police station with them. 28    J4P Research report | AUGUST 2013 urban localities, although it is not possible to prove or disprove this hypothesis: Box 4. Excerpts from the RSIPF Family Violence Policy Domestic violence is evidently widespread in and Standard Operating Procedures Solomon Islands but is of particular concern • When the victim makes a formal statement in urban areas where the ready availability of alcohol may act as a trigger, where customary but refuses to sign it police will continue with relationships are in flux, and where women often the investigation. The officer must make a do not have nearby kin to come to their assistance note at the bottom of the victim statement and impose kastom sanctions on offending men. regarding their refusal to sign. (Scheyvens 2003, 26) • Where the victim has made a formal Police working at the Honiara-based Sexual Assault statement but refuses to give evidence in and Family Violence Unit were of the view that court, the case is to continue. Police domestic violence is rampant across Solomon Islands prosecutions will explain to the court the and is acutely underreported in the state justice decision made by the victim not to give system. Police data collected over 2010 indicates evidence. that only 1–2 percent of all family violence incidents attended to by police across the country took place • Where a victim requests that a charge be outside Guadalcanal province.58 In some instances— withdrawn, the victim shall submit a formal if not the majority—the police response to a report written statement to the Police Prosecution of domestic violence will be to warn a female complainant about the consequences of proceeding. Unit explaining the situation and her wishes. Frequently women are told to “go home and think Where there is sufficient evidence, police will about it” before coming back, reportedly because proceed with the intent to pursue police were tired of matters being withdrawn at the prosecution. insistence of the female complainant, though this may also reflect a culturally rooted hesitance to act • No family violence-related charges will be upon such complaints. The wantok issue described withdrawn by police unless directed by the below is also, anecdotally, a barrier to women Provincial Police Commander or the proceeding with complaints. Instances in which male Directors of Police Prosecutions and Public police officers telephoned complainant’s partners— Prosecutions. often the officers’ wantoks—to inform them of their partner’s complaints were raised during the research. Since October 2010, the RSIPF has adopted a Support services for victims of domestic violence “no-drop” approach to domestic violence matters are predominantly located in Honiara. The Honiara- (included within the “Family Violence Policy and based Family Support Centre (FSC) and the Tenaru- Standard Operating Procedures”). In addition, at based (approximately 10 kilometers to the east of the time of the research, the RSIPF had two full-time Honiara) Christian Care Centre are open to individuals officers working exclusively on domestic violence who reside outside of Honiara, although they are awareness. These officers, with donor funding, travel mainly used by the capital-based population. This is around Solomon Islands educating communities perhaps not surprising, given the expense involved about issues relating to domestic violence, including in traveling to Honiara from the provinces. While no the effects of such violence and the potential legal formal support services were encountered during the consequences. In all provinces, there is an individual fieldwork, churches sometimes offer “safe houses” RSIPF Family Violence Coordinator who acts as a for women and children. focal point for domestic violence issues. 58  Unpublished data provided by the RSIPF Sexual Assault Unit, Rove Police Headquarters, August 2012. Guadalcanal province hosts the country’s capital, Honiara. Justice delivered locally   29 Data collected by the FSC show that the number 2006 increase was due to more intensive awareness of people accessing their services in relation to activities conducted by the Centre, although could domestic violence (see figure 1) has fluctuated not explain the drop in recent years. over the last 10 years. FSC staff explained that the Figure 1. Cases of Domestic Violence Reported to the Family Support Centre (2002–12)* Cases reported 350 300 250 200 150 100 50 0 02 03 04 05 06 07 08 09 10 11 12 20 20 20 20 20 20 20 20 20 20 20 Period from 2002-2012 *Figures to June 2012 3.5. OTHER TYPES OF including violence. Much disputation and grievance COMMON DISPUTES/GRIEVANCES is interrelated; for example, swearing and theft Numerous other common local-level disputes and are commonly linked to alcohol consumption. grievances were raised across the research sites, Disputes related to land will typically surface when the most prevalent of which were theft, gossiping, heavy drinking takes place and in turn, land-related swearing,59 gambling (kura), divisiveness caused by disputes are often a trigger for additional offenses, the formal political process, accusations of sorcery, including serious violence and even homicide. and damage caused to food gardens by unrestrained Particularly serious offenses such as murder, rape, animals. These problems often lead to open conflict, incest, and severe physical assaults are relatively 59  As was noted above, swearing can be a particularly serious breach of kastom in most parts of Solomon Islands depending on the context in which the utterance is made. It was observed that particularly serious swearing often involves reference to sexual relations with an im- mediate family member or consuming bodily excrement. 30    J4P Research report | AUGUST 2013 Table 1. RSIPF Recorded Matters by Offense 2010–13* Offense 2010 2011 2012 2013** Murder 15 13 13 3 Manslaughter 0 1 0 0 Grievous Bodily Harm 37 50 53 9 Common Assault 846 737 695 50 Assault Occasioning Actual 239 265 243 7 Bodily Harm Simple Larceny (Theft) 805 858 608 112 Break-in 418 332 275 54 Indecent Assault 56 53 47 8 Incest 4 6 7 0 * Data provided by the RSIPF Crime Statistic and Records Office, Rove, Honiara, August 16, 2012 and April 5, 2013. “Recorded matters” refers to matters where the police have opened a file following a complaint and have assigned a “running number” to the file. ** Figures current to March 31, 2013 rare, as reported by interviewees and according both geographically and by measure of population. to police data (see table 1).60 Figures for recorded The electoral process, both at a national and matters of rape throughout the country appear provincial level, results in massive social upheaval in table 4. for the small communities of Rennell and Bellona islands, which are polarized along candidate lines Theft: Theft (referred to during the fieldwork as often well after the election period. This is perhaps “stealing”) was a commonly cited problem and in reflective of small communities characterized by some communities was rampant and of constant strong familial ties (where almost everyone is related concern. Typical items stolen include clothing, in one way or another). Those older community household utensils, mobile phones, animals, and members interviewed said that such a phenomena garden crops. More often than not it was said that was relatively new and can be partly traced to the the police would not act when instances of “small- 1992 introduction of discretionary funding in the scale” theft were reported. form of constituency development funds (CDFs) (see discussion in section 2); the splintering of the Political Division: Division caused by the electoral tribal vote when candidates from the same tribe process was most severe in Renbel province, run against one another; and linked to this, an although this issue was also raised in Malaita province increase in the number of candidates who now stand and observed in Guadalcanal province (box 5). in provincial and national elections. Subsequent Renbel is the smallest province in Solomon Islands, fieldwork suggests that in some communities, CDFs 60  According to the High Court, which deals with the most serious criminal offenses, in 2011, 54 new criminal files were opened. Fifty percent of these (27) were sexual offenses, including rape, attempted rape, incest, and indecent assault; 43 percent were violent offenses (23.2), including murder, manslaughter, attempted murder, assault, and robbery; and 7 percent (3.8) were “other,” including arson, money laun- dering, false declarations, embezzlement, larceny, and conversion (Palmer 2012, 13–18). Justice delivered locally   31 are accepted as a political fund to reward supporters Political divisiveness undermines social cohesion and of individual MPs.61 There was little discontent or has the potential to result in open conflict, especially agitation observed, as supporters of unsuccessful in the run-up to elections. Not only was this cited candidates are content to wait four years (Solomon during the fieldwork but there have been numerous Islands’ election cycle) for their preferred candidate to instances of documented violence in Solomon be elected so that they would benefit from the funds. Islands linked to the election process, including at Box 5. Chupu Ceremony in Kakabona, Guadalcanal Province Chupu Ceremony at Kakabona, Guadalcanal province, 2010. The electoral process and elections are a potential source of divisiveness and conflict in Solomon Islands. In late 2010, members of the research team witnessed a reconciliation ceremony, or chupu (see glossary), between supporters of the incumbent Northwest Guadalcanal MP and supporters of the former losing MP at Kakabona village to the immediate west of Honiara. The language of kastom and Christianity were entwined in all of the speeches given. For example, one of the chiefs present urged the parties to “forget about the past and build on the future based on the Christian beliefs and values.” The chupu exchanged included a talina (shell money), live pigs, and food. A local priest prayed, and the supporters of the current and previous MPs shook hands. Similar ceremonies have taken place in other parts of the country, one as recently as June 2012—almost two years after the national election. 61  This fieldwork was carried out in June and December 2012 in Western, Choiseul, and Malaita provinces. Given the relatively small number of communities visited and people interviewed, it is not possible to extrapolate these findings across the country. 32    J4P Research report | AUGUST 2013 the local level, although not of the scale and intensity of election-related violence in neighboring Papua Box 6. Sorcery in Isabel Province New Guinea. This was particularly acute during the elections spanning the tension period, involving especially the national election of 2001 and the Sorcery is said to be a major problem for Isabel provincial elections of 2002.62 Elections have also communities and one that both the state and produced violence in urban areas, most notably local systems struggle to deal with. In the riots in Honiara and Auki following the 2006 recognition of the problem, members of the national election. Melanesian Brotherhood (tasiu, see glossary) of the Church of Melanesia took the initiative Sorcery: Sorcery and supernatural powers are widely to work with a number of communities to believed in across most parts of Solomon Islands, including among practicing Christians. Sorcery discourage sorcery practices. This was in was regularly raised as a cause of disputation and response to allegations of sorcery-related disharmony at the local level in Malaita province and deaths. as a particularly serious problem in Isabel province.63 While sorcery is a criminal offense in Solomon In 2007, a small group of tasiu under the Islands,64 it is typically the accusation of sorcery and leadership of a head brother were mandated the accompanying harassment, threats, and violence to deal with what was regarded as a growing directed at those alleged to have practiced it that is sorcery problem. Part of the strategy employed the source of violence and community disharmony. by the tasiu involved revealing those said to be Accusations of sorcery are usually leveled against involved in practicing sorcery. The group of elderly men and (especially) women. In a village tasiu traveled throughout Isabel province and visited in Isabel province, it was said to be a common practice for groups of young men to shower a house held public meetings where alleged sorcerers of an elderly man with rocks in the belief that the were revealed. This was clearly a risky strategy, occupant was practicing sorcery. In Buala, the as one case in Buala village demonstrated. The provincial headquarters of Isabel province, it was case involved a group of tasiu who revealed observed that there were limited food items for the identity of the sorcerer said to be sale at the market because people fear illness from responsible for the death of a man. When the consuming “cursed” food. Accusations of sorcery son of the deceased learned of the identity of are often made when unexplained events occur, the alleged sorcerer, he physically assaulted such as sickness or untimely death. Accusations are also common when someone experiences “bad the man, who was elderly and frail. As a result luck,” for example, when food gardens fail or when of the attack, the accused sorcerer died and a a student fails at school. While not as prevalent as murder case was referred to the police. in neighboring Papua New Guinea, accusations of sorcery have been linked to violence and homicide as demonstrated in box 6. 62  For violence linked to the 2001 national election, see Moore 2004,172. For violence linked to the 2002 provincial elections in Solomon Islands see, for example, Tepaika v Regina, High Court of Solomon Islands, October 27, 2005. In the most recent national election of 2010, violence flared in Auki in Malaita province, Lata in Temotu province, and Tulagi in Central province, which involved violent acts against rival candidates’ supporters. 63  Anecdotally, sorcery is also a common cause of community disharmony and grievance in Western and Guadalcanal provinces, despite the fact that it was not routinely raised during the fieldwork in those two provinces. It was evident that in all places visited, sorcery is a sensitive topic that is not often openly discussed with outsiders. While sorcery was once practiced widely in relation to social conflicts in Renbel province (referred to as kuba), the research discloses that today it is not commonly considered a trigger of disputation or grievance. 64  Penal Code [CAP 26], s. 190. This provides that a person who “performs any magic ritual …. of which there is a general belief… that harm may be caused to any person; or has in his possession, without lawful excuse, any article commonly associated …. with harmful magic” is guilty of an offense. Prosecutions for sorcery-related offenses are infrequent. A senior police prosecutor based in Honiara indicated that in his 17 years of prosecuting, he had prosecuted only one sorcery offense. He attributed this to a lack of knowledge of the law with regard to sorcery and to people’s general inclination to remain silent around alleged sorcery offenses. Justice delivered locally   33 4. Navigating Justice in Contemporary Rural Solomon Islands 4.1. THE KASTOM SYSTEM At the local level, disputants call upon three types In this report, the term kastom is generally used to of justice systems to resolve and mediate their refer to the social norms and practices that make disputes: the kastom system, state institutions, and up local approaches to dispute management and the church. These systems are not entirely separate everyday social regulation in communities. These and discrete, but instead are frequently linked norms and practices derive their legitimacy from a and overlapping and may interact in both positive claim to some form of “customary” or “traditional” and negative ways. Further, these systems and the authority exercised by local “chiefs,” both relationships between them manifest in various individually and collectively, rather than from the configurations across Solomon Islands such that it is state. They are also informed by cultural heritage, not possible to talk about a single or uniform system which varies widely from place to place. Among the of local-level justice. people interviewed for this report, the kastom system is without doubt the most frequently utilized and While the kastom system is by far the most commonly relevant justice system. Some references to kastom invoked, all three systems are under immense suggest that it is something that has “always been” stress. In no one locality visited were all three and is unchanging, but kastom is best regarded as systems working in an effective manner. Indeed, in fluid and in a process of continual change. most places, the state system was seen as largely irrelevant primarily because of its absence, while The terms “custom,” “customary law,” and “kastom,” in many other places, local nonstate systems were often used interchangeably in common parlance, under extreme pressure and appeared to be largely have been the subject of much debate. They are ineffective in managing everyday disputes. This may not defined with any precision in Solomon Islands’ be a legacy of the tension in some areas, although legislation. Historically, kastom has often been used in more generally, it reflects the effects on local Solomon Islands as a political discourse in opposition systems of broader processes of socioeconomic to the state or in opposition to “the West” or “the transformation. Solomon Islanders express a strong modern.” However, as demonstrated through the use desire for more effective articulation between the of specific examples below, this is a false dichotomy. three systems that can enhance the capabilities of all Kastom systems do not function independently of them, based on a locally driven or “bottom-up” from the other systems under discussion, including approach to state-building. This is a positive message the state. Further, while the kastom justice system and one that opens up considerable potential for is often talked about as a discrete phenomenon, it socially attuned and locally driven reform processes. is important to note that local “justice” practices have always been embedded in the larger social Highlighted in this section of the report are popular systems that once governed all aspects of social experiences with and perceptions of the effectiveness relations in traditional Solomon Islands societies. and legitimacy, key limitations, and gender-specific For example, in addition to managing conflict, these aspects of each of the three systems. Also examined systems regulated gender relations and provided the are the multiple configurations and interactions socialization processes that structured the passage of between the three systems in practice. young people into adulthood. The erosion of critical aspects of these encompassing systems, as well as the more general weakening of the state, have also undermined local regulatory practices, including the capacity to effectively manage local disputes. 34    J4P Research report | AUGUST 2013 Contemporary chiefly structures65 In all of the provinces visited, chiefly structures were present at various political levels: ward, district, and in one instance, provincial. The structures encountered were typically referred to as “houses of chiefs,” “chiefs’ panels,” and “councils of chiefs,” and less frequently, “chiefs’ courts,” “chiefs’ hearings,” “kastom courts,” “chiefs’ committees,” “councils of elders,” and “court of chiefs.” These structures invariably evolved from, and once had connections with, the state. Only one of these bodies was observed in action during this research.66 The analysis here thus derives primarily from conversations with chiefs and leaders, from those who had either witnessed or been a party to a dispute, and from documents A public hearing of the Dala House of Chiefs, Dala north, provided. From these sources, the following general Malaita province, November 2012. observations can be made: • In all places visited, these various chiefly disputes, and often in overseeing community structures deal predominantly but not exclusively work efforts.67 Village chiefs are not necessarily with customary land-related matters. of the landowning group and may have been raised in other communities. The distinction • Typically, a written constitution governs the between tribal and village chiefs was observed various chiefly structures. This document in Malaita and Isabel provinces, but was not seen establishes the specific make-up of the to apply in Renbel, Guadalcanal, and Western organization and includes, among other provinces (where the position of village chief elements, its mandate, composition, and does not exist). In Guadalcanal and Western jurisdiction. In some places, these constitutions provinces, a loosely comparable position to are quite detailed and appear akin to legal village chief appears to be, respectively, the documents (see box 7). taovia (leader) and the “village organizer.” • It appeared that only “tribal chiefs” sit in the • Typically, each chiefly structure will be headed various chiefly structures under discussion. An by a single “paramount chief,” often elected important distinction must be drawn between by his brother chiefs, and involve an executive tribal chiefs (sometimes called kastom chiefs) committee, including a secretary. and what are commonly referred to as “village chiefs.” Tribal chiefs are members of the original Some interlocutors traced contemporary chiefly landowning group and owe their position to their structures to a legislative amendment in 1985 that lineage. Village chiefs are appointed to play a meant all customary land-related disputes had to community governance role and will be involved first be dealt with via “traditional means” before they in managing day-to-day, non-kastom–related could be entertained by a local court.68 However, 65  The discussion here is confined to organized chiefly structures and does not pertain to the role of individual chiefs or leaders who are found in most communities in Solomon Islands and who often play an important dispute-management role. 66  A hearing of the Dala House of Chiefs was observed in Dala north in Malaita province in November 2012. The matter related to an accusation of sorcery stemming from the death of an elderly individual. The hearing took place in an open market building and was attended by around 100 men, women, and children. 67  Kastom disputes are generally considered those related to land and various familial and social problems, including, in some places, disputes around bride price and male-female relationships. In this context, non-kastom-related disputes are generally those detailed in community bylaws or rules and may include issues such as theft, pigs destroying food crops, swearing, gambling, and the like. 68  This requirement was introduced by the Local Court (Amendment) Act 1985 (sometimes referred to as “Nori’s Act,” after former politician Andrew Nori, who introduced the bill in parliament). Justice delivered locally   35 while this amendment undoubtedly had the effect middle-aged men (McDougall 2008b). In the small of formalizing the role of chiefs and bringing them community of east Bellona in Renbel province, for together as a collective, chiefly structures predated example, chiefly structures were criticized for their this law. inability to make decisions affecting people from other tribal groups. The continuation of the chiefly The colonial government had broached the bodies into the future without some form of outside issue of incorporating indigenous leadership into support has been questioned by other researchers: government as far back as the 1920s (see section 2.2). In the 1950s, reform efforts were made at the ...at least since the second World War, such local level, when countrywide native councils were institutions have not been autonomous sources established with “village chiefs” (that is, headmen) on of authority that simply exist in villages waiting the government payroll (Premdas and Steeves 1985, to be harnessed. They are not separate from a 40).69 With impending independence, deliberations government, and while they have continued on over the development of the Independence the steam of dedicated men...for decades, it Constitution explored the role of chiefs in the new seems to me highly unlikely that they will continue Solomon Islands state. Despite talk of chiefs playing to do so. (McDougall 2008b) a part at the national level, it was at the local level where efforts to integrate their role remained. Isabel province Moore states that it was decided that chiefs were The chiefly system in Isabel province is relatively to be absorbed into area committees/councils, formalized and institutionalized. In 1975, the people and in 1975-76, area committees/councils elected of Isabel began establishing a system of chiefs and paramount chiefs to represent tribal groupings houses of chiefs across the province. The Isabel (Moore 2010). With the suspension of area councils Council of Chiefs (ICC) is led by a paramount chief. in 1998, chiefs now operate completely outside of In 1984, the Isabel Provincial Assembly passed a the official government system. resolution recognizing the ICC and its role and power to deal with matters of “tradition and Below is an analysis of the various chiefly structures custom.” Under the resolution, the power of chiefs encountered during the fieldwork, based largely on was extended to settling disputes in customary law; how those structures should operate in theory. In “taking an active involvement in the setting of land practice, they do not always function as intended boundaries and the settlement of land disputes”; and many are extremely weak or on the verge of and improving “documentation of custom and collapse. Weakness associated with chiefly power is decisions for preservation purposes and to avoid not a new phenomenon and can be traced in part to future disputes.”71 the violence inflicted by the colonial state, leading to the undermining of local polities. It has been The ICC draws its membership from eight district argued that one of the reasons for the widespread houses of chiefs, whose geographic jurisdiction is and relatively rapid acceptance of Christianity and defined by the eight language groups that were “government” across most of Solomon Islands used by the colonial administration to divide Isabel was the inability of many of the older structures province into administrative districts. Below this are to effectively solve or mediate disputes.70 More ward-level chiefs. There are 16 wards in Isabel, and recent concerns have focused on the fact that these each has at least one ward-level house of chiefs, bodies are comprised almost entirely of older and though some have two or three. 69  As concerns local-level justice responsibilities, the Native Administration Regulation No. 10 of 1953 prescribed the following duties, among others, to headmen: “[to] cause any native suspected of having committed an offence triable by a Native Court to be charged before such Court”; and “[to] prevent to the best of his ability the commission of any offence by any native.” The 1953 Regulation followed the Native Administration Regulation of 1922. 70  On this, in relation to Renbel province, see Monberg (1991). 71  A copy of the 1984 Resolution was obtained from Geoffrey M. White. See also an extract of the 1984 Resolution in White (1993). 36    J4P Research report | AUGUST 2013 The ICC and district houses of chiefs all have written The Isabel Provincial Administration provides funding constitutions (see box 7) and observe a high degree to the ICC and the various houses of chiefs, the only of formality in their meetings. While village chiefs are province encountered during the research to do so. not necessarily inherited roles, ward- and district- According to the Isabel province Provincial Secretary, level chiefs attain their position in large part through in 2011, the ICC received SBD$36,000, the eight their membership in a widely recognized chiefly district houses of chiefs received SBD$3,000 each, line of descent. Such chiefs are generally the son of while various ward-level houses of chiefs received the eldest daughter from the chiefly line, and will a total of SBD$16,000 (that is, SBD$1,000 each). generally choose one of their sisters’ sons as their According to the Provincial Treasurer, the same successor, although in some instances, they may amounts had been budgeted in 2012. choose their own son. Box 7. Excerpts from the Constitution of the Isabel Council of Chiefs (June 2004) Section 6: Qualification for Membership of the Isabel Council of Chiefs To be a member of a House of Chiefs... a person shall be an indigenous leader of a community in Isabel Province. Section 6: Qualification for Membership of the Isabel Council of Chiefs • To represent the collective views of the Chiefs and Leaders of Isabel to Provincial and National Government and to other Organizations both within Solomon Islands and internationally. • To mediate in land, social and customary disputes. Section 14: Special Meetings Special meetings to mediate in disputes or to solve communal or individual problems, which require the advice and decision of the whole Council or some members from the Council, shall be held when the need arises. Section 24: Functions of the Paramount Chief He shall Chair and mediate on major land and customary disputes. Malaita province While forms of chiefly organization vary across The colonial government’s institutionalization of Malaita province, in most places it is comprised of “chiefs” as “traditional leaders” was continued by male “clan chiefs” who hold genealogical seniority Malaitans through the Maasina Rule movement (see within the clan, and “tribal” or “paramount chiefs,” section 2.2 above). This movement dominated social who are usually the chiefs of the historically senior clans and political life on Malaita from the mid-1940s within Malaita’s regional traditional ritual systems, until the early 1950s, and its activities included which are variously referred to as “houses,” “panels,” the establishment of an island-wide system of or “councils” of chiefs. While many contemporary chiefs, customary courts, and councils. A hierarchy leaders claim genealogical seniority, many also of councils from the district to village level was advance their status by distributing and sharing established, headed by a “Federal Council.” The wealth, contributing to bride price and compensation influence of the Maasina Rule period endures today. payments, and using their education to assist Justice delivered locally   37 relatives in dealing with government bureaucracy. of chiefs. The Polynesian societies of Rennell and As on Isabel province, many communities also have Bellona had individual hereditary tribal chiefs “village chiefs” who are elected or appointed by who were responsible for their own tribal groups. their communities and have functions distinct from As elsewhere, this changed with the colonial the clan or tribal chiefs, as described above. government’s system of indirect rule, under which the government selected headmen with exclusive Western province responsibility to administer justice, including Typically at the village level in Western province, the establishment of courts comprised of tribal there is a single chief (bangara in many of the local chiefs. According to the present chairman of the languages, but also lala’aha, palabatu, uiniame, and west Rennell Council of Chiefs, in the lead-up to lekasa), who is from a chiefly line from the major tribe independence, the representative of Renbel in the in the area. Such chiefs may have responsibility for Legislative Assembly worked with Renbel chiefs to one or several villages. Under the leadership of the establish councils of chiefs. The councils, which had bangara, there are tribal elders who head subtribes one representative from each tribe, were presided within the region. Chiefs’ spokesmen and village over by a paramount chief elected by consensus. The organizers are principally appointed from among role of the councils was to make common rules that tribal elders to help the bangara manage village tribal chiefs enforced, and also to mediate conflicts, affairs. In some areas, the bangara and tribal elders mainly over land. form the governing body at the village level known as the “council of elders,” “chiefs committee,” or The contemporary chiefly system of Renbel province “village committee.”72 is the least institutionalized of those documented and was observed to be extremely weak. Following The position of village organizer has existed in the 1985 amendment to the Local Courts Act, the Western province since the 1980s. Today, the role councils became preoccupied with customary land- of the village organizer includes acting as a liaison related disputes and were said to have abandoned between communities and the provincial govern- their broader community governance and ment, a feature of which is assisting in the collection of maintenance of order roles. Today, the only council business license fees. There are 53 village organizers of chiefs that is functioning across the province, on the Western province payroll. All three actors— albeit sporadically, is the West Rennell Council of chief, village spokesman, and village organizer— Chiefs. According to the secretary of the council, its may play a role in relation to dispute management. last sitting was in 2010 and involved the hearing of Owing to the absence of chiefs in many villages in two customary land-related disputes. Parties paid a Western province, village spokesmen often end up SBD$250 “court fee.” At the time of the research, acting in their stead. (During the research, chiefs were roughly one year after the 2010 hearing, decisions present in only two out of 13 communities visited in had not yet been handed down. A host of negative Western province, the remainder apparently residing comments about the council were expressed during in Honiara or elsewhere.) At the constituency level73 the research, the most common being accusations are councils of chiefs that generally take the form of bias. It was said that the breakdown of similar described above. For example, there are functioning councils in Bellona and east Rennell was linked to councils of chiefs in Marovo and Kolombungara. community distrust and illegitimacy. Like the other council of chiefs discussed, they deal predominantly with customary land-related disputes. Guadalcanal province All tribes and clans on Guadalcanal are members Renbel province of the two original clans on the island referred to In traditional Renbel society, there was no locally as “big line” and “small line.” Under these organizational structure bringing together a collective two lines there are various sublineages that are held 72  Debra McDougall suggests that most villages/areas in Western province do not have formal councils of the nature described here (personal communication, February 2013). 73  Constituencies are the geographical areas from which national MPs are elected. There are 50 constituencies across Solomon Islands. 38    J4P Research report | AUGUST 2013 together by claims to common land ownership. cases were considered the province of chiefs Sublineages have chiefs (who can be equated with throughout Solomon Islands. The 2011 People’s tribal chiefs in the present discussion) responsible Survey confirms this position, with 77.4 percent for land-related matters and relationships with of all rural respondents nominating chiefs as the other sublineages. At the village level, however, institution that they would turn to in seeking help men who demonstrate leadership qualities are to resolve a land dispute (ANU Enterprise 2012, appointed chiefs and are referred to as taovia 142). Similarly, in recent quantitative research (leaders).74 Their role is to look after the day-to-day among Solomon Islander tertiary students, 70 affairs of people, and their jurisdiction is limited to percent of respondents nominate “traditional their village of residence. Today, chiefly authority authorities and elders” as the appropriate group has become closely associated with control over to “resolve disputes over land,” with only 14 land, particularly as a “trustee” of registered land percent favoring the national government (Leach on behalf of a landholding group (Monson 2011). et al. 2011, 51). The role of chiefs in land disputes The most formalized and institutionalized chiefly is important, as chiefs are commonly considered structures that were encountered during the research to possess the genealogical knowledge (or the on Guadalcanal province were on the plains in the “stories” or “kastom stories” relevant to the northeast, and were apparently associated with the land) necessary to make a determination. development of the oil palm plantation. • Second, the kastom system will often be called Kastom dispute resolution: on to deal with social and familial problems, jurisdiction, procedures, determinations especially when disputes and grievances revolve There is no legislative basis for kastom dispute around the payment of bride price, involve resolution, other than the provision of the Local instances of adultery, or relate to the payment Courts Act, which requires customary land disputes of compensation.77 In these cases, the kastom to be referred first to chiefs to be dealt with according system is usually not a formally constituted to “traditional means.”75  Furthermore, the links committee of chiefs as has been described between chiefly structures and the state are generally above. Rather, it will typically involve senior informal and ad hoc, contributing to widespread men (and sometimes women) with a connection confusion at the local level about the extent to to the parties, who will mediate the problem, which each system should deal with which specific drawing on both kastom and Christian beliefs issue. With the exception of Isabel province, no state and frequently working with religious leaders. financial support was seen to be provided to these bodies. The use of one system over another in a given When dealing with land-related disputes, the situation will depend on a variety of factors. Any one various chiefly structures adopt procedures that of the three systems may be—and indeed are— borrow heavily from the Western judicial system and drawn on to manage any type of dispute/grievance, Christian doctrine. Parties to a dispute will appear and may be called on concurrently.76 Nevertheless, and answer questions, either from the other party two areas of disputation are usually regarded as the and/or the panel of chiefs. Oftentimes, written primary domain of the kastom system: records of deliberations and decisions will be kept by an individual nominated to do so. Site inspections • First, customary land-related disputes will almost may take place in cases involving customary land always initially be dealt with using kastom. Even disputes. Chiefs will deliberate and frequently a prior to the 1985 legislative requirement, such written record of the decision will be produced. These 74  For a further discussion on the appointment and role of taovia, see Kabutaulaka (2002, 64–80). 75  Local Courts Act s. 12(1). 76  Factors that are likely to determine which system is used in a given situation include: the financial resources of the parties involved; the configuration of community, church, kastom, and state authority in the given locality; the gender and age of the parties; the subject matter of the dispute; and the relationship between the disputing parties. 77  Usually efforts will be made at the immediate family level to resolve these matters before the wider services of the kastom system are sought. Bride price is not practiced universally in Solomon Islands, including among several Polynesian communities such as Renbel province and Tikopia, as well as in Western and Isabel provinces. Justice delivered locally   39 judgments are often typed and sometimes evoke form of traditional currency (such as shell money, a mixture of Christian and quasi-legal discourse. talina, red feather money, tafuliae, bakia, bokolo) Various manifestations of the chiefly structures food items, mats, pigs, and so forth. In some places, incorporate an appeal mechanism allowing parties chiefly-imposed corporal punishment in the form aggrieved with a decision at one level to have the of public whippings has taken place, especially for option of appealing to a higher level (for example, youth. Whipping routinely occurs in the Gilbertese ward level to district level). A right of appeal was the communities of Wagina in Choiseul province, case in Malaita and Isabel, but was not observed in Titiana in Western province, and in Honiara.80 the other provinces. Because of these formalities, Whippings take place in the public meeting house some interviewees had difficulties discerning the (maneba) for acts such as public drunkenness and difference between chiefly bodies and local courts. sexual offenses.81 Parties pay to bring a case before the various chiefly structures (“buyem chief” in Pijin). Payment most Box 8. The Titinge Shooting, often takes the form of meeting the costs of transport, Guadalcanal Province accommodation, and food, which may be in addition to or in lieu of a monetary sitting fee. Fees generally In August 2010, the RSIPF, with the support of ranged from SBD$50 to SBD$500. The 2011 annual RAMSI military members, responded to a call People’s Survey (ANU Enterprise 2012, 145) found for assistance in the vicinity of Titinge village on that 62.5 percent of all respondents expect to pay the outskirts of Honiara. Rival groups of youths for assistance in resolving a land-related dispute (in were throwing rocks at one another. Upon the the state or nonstate system).78 Parties can typically arrival of the RSIPF and RAMSI military members request a chief to step aside if he is perceived to the youths turned upon them, resulting in be biased, most often because he is related to a party or has a personal interest in the subject matter. damage to vehicles and equipment. During the To avoid perceptions of bias, full councils of chiefs ensuing confrontation, a man from Peochakuri might adjudicate a particular matter outside of their village on the Weather Coast was shot and geographical jurisdiction. Chiefly dispute resolution killed by a RAMSI military member. In the tense is often, but not always, open to the public. post-shooting atmosphere the potential for retaliatory attacks was a live concern. Senior The goal of kastom processes regarding criminal members of RAMSI (following guidance from offenses is primarily to “cool” hostilities and restore their local counterparts) and the RSIPF community harmony rather than to determine guilt presented chupu consisting of shell money, a or innocence (see box 8). Traditionally, kastom systems pig and food items to the family of the man. had a variety of responses at their disposal, including They also pledged to resolve the matter with banishment, the performance of sorcery against the family of the man. Members of the the offending party or parties, corporal punishment, or even death. Today, common responses, in addition Guadalcanal communities visited during the to processes associated with reconciliation such as research often referred to this chupu as mutual prayer, apologies, shaking hands, and the evidence of the capacity of kastom processes holding of kastom ceremonies, are the imposition of to “cool” a dispute and allow parties to work a fine and/or compensation payments.79 In addition towards a peaceful resolution more quickly and to money (“hard cash”), compensation may take the effectively than the state justice system. 78  The province break down was as follows: high in Guadalcanal (85.3 percent), Isabel (85.8 percent), and Temotu (78.6 percent) provinces, and low in Choiseul (29.6 percent) and Western (38 percent) provinces. 79  For a detailed account and analysis of a kastom ceremony at Ranongga, Western province, see McDougall and Kere (2011, 151–53). 80  Wagina and Titiana are Gilbertese settlements of migrants from the former Gilbert Islands, now part of Kiribati. The Gilbertese were settled by the British between 1955 and 1971 in response to overpopulation on their home islands. 81  Acts of public whipping are common and, for example, took place among the Gilbertese community in Honiara in June 2012. This is despite efforts in 2006 by government officials, including the Public Solicitor and the Commissioner of Police, to convince Gilbertese community leaders to stop the practice. The fieldwork disclosed that the practice of whipping is supported by sections of the Gilbertese community, including sections of youth. 40    J4P Research report | AUGUST 2013 The involvement of women member of the Malaita provincial administration).84 in the kastom justice system As tribal chiefs, part of their role is said to include the management of land-related disputes and Women chiefs involvement in the formulation of community rules. While women chiefs remain the exception, they According to one of the women chiefs interviewed, do exist, especially in the matrilineal provinces of the two were specifically mandated by their male Guadalcanal and Isabel.82 For example, woman chiefly peers to deal with serious offenses involving tribal chiefs from Buala and Tholana in Isabel women, including rape. This was consistent with the province identified during the fieldwork were from rationale expressed by male focus groups in Maoa groups with political authority, often described as and Ngariwane villages in west Kwaio, who said that “landowning tribes.” Two other women chiefs from certain matters were culturally more appropriate for Koge village on Isabel province were village chiefs women to deal with. and were appointed because of their leadership in the church.83 In keeping with the role of village Generally, the men spoken to in west Kwaio were chiefs, part of their mandate involved organizing the aware of the appointment of the two women tribal community when the male leaders and men were chiefs and expressed strong support for them. The away from the village. women in Maoa village were aware that one female tribal chief had been appointed, but were uncertain “Lo olketa big dei taem olketa man go fishing, as to her role or if she was still active. They did not mitufala (woman chiefs) nao kolem olketa woman fo yet feel that they could go to her to discuss their waka. Olketa chief wea go ia talem mitufala wanem fo problems. In Ngariwane village, the community had also appointed two female village chiefs duim taem olketa go.” who were said to deal with a range of problems [On major occasions when the men are away fishing, involving women, as well as “minor” problems not the two of us (women chiefs) call the women and involving compensation. Women explained that the organize the work. The chiefs instruct us on what to community appointed these female chiefs following do while they are away.] acknowledgment that women often felt unable to seek help from male chiefs about certain problems.85 - Woman chief, Koge, Isabel province On Guadalcanal province, the woman chief’s status was highly contested. Among most of the women, Youth spoken to in Koge said that the women chiefs this appeared to be primarily a matter of contestation were appointed to ensure gender balance and that around her family’s claim to chiefly status rather than women and girls also had other women they could the fact that she was a woman; however, among the go to with problems. men interviewed, there was broader contestation about whether a woman could ever be classified as a Two women chiefs in ward 27 of west Kwaio, central chief on Guadalcanal province. Malaita, are both from chiefly families and were appointed as members of their tribal house of chiefs Amid the discussion (and often contestation) over (the Kwainafa’a House of Chiefs) and the ward-level who is and is not entitled to call him or herself a council of chiefs (the Laulana Council of Chiefs). chief in Isabel, Malaita, and Guadalcanal provinces, Their appointments, both confirmed in July 2007, there was a lively debate about the character and entailed their nomination and endorsement by tribal role of kastom leadership and authority and the chiefs within their ward and an oath-taking ceremony need to adapt local systems to the new challenges (administered by a commissioner of oaths who was a 82  McDougall (2008b) has also made reference to women chiefs on Ranongga island in Western province. 83  Having been appointed village chiefs, unlike tribal chiefs the women had not been ordained/blessed by the church. 84  Only one of the women tribal chiefs is presently carrying out her role, as the other has taken up studies to become a nun. 85  The appointment of women tribal and village chiefs in west Kwaio is a reflection of a broader acceptance by communities there of the leadership role of women. It was also reported during the research that chiefs in ward 26 are considering appointing women to their coun- cil of chiefs. Apart from the various women chiefs, ward 27 is one of the only two wards in Malaita province to have elected a woman as their provincial member, having done so in mid-2000. Similarly, following the RSIPF-led community officer pilot (see discussion in section 5), west Kwaio was the only place across the country where chiefs nominated women community officers for the three wards in their region. Justice delivered locally   41 associated with ongoing socioeconomic change. Nevertheless, the extent and importance of women’s While for many this is primarily about strengthening influence through their “behind the scenes” roles existing power structures and getting more state vary both geographically and according to the recognition of and support for chiefs, for some it nature of the dispute or grievance, and are often opens up more radical possibilities for reimagining unrecognized publicly. It is not uncommon for the institution of chief, including contemplating the women to find out about land and natural resource appointment of such nontraditional candidates as agreements only after male leaders have reached women and youth leaders—though women of high a decision. According to people in many parts of status, but not necessarily of chiefly title, are not Solomon Islands, kastom dictates that women “no without historical precedent across Solomon Islands. save tok” (cannot/must/should not talk) about land Among some groups, there are particular words to and they must “stand behind” men when it comes to describe women of high status who were regarded speaking about and dealing with land in the public as leaders, for example, daki taovia or daki lavalava arena (see Monson 2010, 2011, 2012). This viewpoint (big woman) on Guadalcanal and vuluvulu in Marovo corresponds to the social norms that often limit the Lagoon and other parts of Western province. ability of women to speak in public arenas, and to the fact that it is generally (but not always) men rather Women in dispute management than women who speak in public. It also reflects the In most instances, women are absent from the most views of some that women lack the skills to speak public and formal forms of dispute management effectively and persuasively in public (Monson through the kastom justice system. This was 2012). However, there is also evidence that kastom generally the case in all of the places visited, and Christianity offer women more opportunities to irrespective of variations in descent and land tenure. participate in decision making and dispute resolution Throughout the research, women classified the than does the state legal system.87 mediation or resolution of kastom-related disputes as predominantly the domain of men. Women are The above observations are confirmed by the 2011 also said to have no public role (as a spokesperson People’s Survey. Only 12.3 percent of respondents in or witness) in customary land disputes.86 However, rural areas stated that women helped to solve land women regularly carry out a behind the scenes disputes within their community. Instead, the primary role in matters dealt with by the kastom system. role of women was considered to be one of assisting For example, it was said that the wives of chiefs with “disput lo family” (family-related disputes), with will often act as intermediaries between women 66.3 percent of rural respondents nominating women and their husbands. Women are also involved in as playing a role in this regard (ANU Enterprise organizing kastom reconciliation efforts, which are 2012, 154). A limitation in the question posed is the often pivotal when it comes to addressing kastom- built-in assumption that a “land dispute” revolves related disputes and grievances. In many places, but around a single identifiable issue or a transaction particularly matrilineal societies, women stressed capable of resolution (or indeed, that land disputes that they are also the custodians of “kastom stories” are ever really resolved). The management of a land- and knowledge relevant to land, although in some related dispute will typically involve multiple public places, they complained that men would profess and private interventions over a long period of to speak on their behalf on issues of genealogy. In time, in any instance of which women may play an Isabel province, the women of the Mother’s Union instrumental part. (see below) asserted that they were the real problem solvers and were somewhat critical of male chiefs, saying, “they are good at talking, but we don’t see much action” and “they contribute to the problems in lots of places” (Dinnen and Haley 2012, 27). 86  Women have, however, played prominent documented roles in protesting logging activities. During the research, confrontations between logging companies and women were described in Vella Lavella and Morovo Lagoon in Western province, and women sustained injuries at the hands of logging company security. 87  See McDougall (2003). 42    J4P Research report | AUGUST 2013 Women as users of dispute-management services hand, although some persons interviewed strongly Quantitative data indicates that women are asserted that women had no role in kastom–related more inclined than men to seek church or police disputes, others stated that women could play a intervention when it comes to dealing with major role in a house of chiefs or in a sitting of a court. family or community disputes, although chiefs remain Among arguably the most socially conservative the preferred actor for both genders (66.2 percent for group of Malaitans, the Kwaio-speakers of central men and 52.8 percent for women) (ANU Enterprise Malaita, women have been able to acquire a high 2012, 140). Other quantitative data indicates that degree of expertise about kastom (see Keesing “traditional authorities and elders” are the preferred 1982b, 201, 221–25). A male youth focus group in forum for land-related disputes (73 percent for men, west Kwaio, Malaita, supported the appointment of 62 percent for women), while 28 percent of women women community officers, stating that women were compared with only 9 percent of men want to see easier to approach because unlike the older men, provincial governments play a greater role in land they generally give the youths an opportunity to disputes (Leach et al. 2011, 52). The authors of the express themselves without assuming that they are research suggest that: the troublemakers. [t]his is likely to reflect a preference for decision- Research participants in Malaita province described a making processes within the regionally based particular way that women played a role in preventing authorities in which women have had greater the escalation of violence. If a woman or group of access and some level of involvement, compared women witness a physical fight involving men to with clear limitations on their ability to participate whom they are related and intervene in a particular in national government, or to be adequately way, the men will cease fighting. This was referred represented at traditional levels of decision- to by some as “kastom swearing,” and it usually making. (Leach et al. 2011, 52) entails a woman or group of women challenging the men who are fighting and swearing at them, or The People’s Survey further asked whether women alternatively, throwing a piece of women’s clothing would seek help from a man or a woman if they were over the men. Reference would be made to the involved “insaet wanfala bigfala raoa o dispiut” (in consequences of continuing to fight, which might a major argument or dispute). On average, women be related to breaching a cultural tambu (taboo). were three times more likely to say they would prefer If the men were to continue fighting, they would the help of a man than of a woman. This was as high be required to pay compensation. It has also been as 93.4 percent in Choiseul province, 92.1 percent in documented that women have played similar kastom Isabel province, and 84.7 percent in Temotu province roles in stemming the first manifestations of conflict (ANU Enterprise 2012, 156). There are perhaps a in Temotu province (Higgins 2008, 4). number of reasons for this, including the proviso that the problem be one of a “bigfala” (big) nature that 4.2. THE STATE JUSTICE SYSTEM would equate to a land-related dispute or a dispute Solomon Islands inherited the British Westminster involving violence, issues in which men have had a system of government, including the accompanying long-standing dominance. justice agencies typically found in contemporary British Commonwealth states. This means there is Although a feature of chiefly structures is their a court hierarchy and the relevant criminal and civil openness to the public, women rarely attend chief’s state justice apparatuses, including a police force. meetings. Reasons offered by both women and men The tension years inflicted considerable damage included a lack of knowledge, interest, and/or time. on the integrity and functioning of the Solomon It has been documented that women and children Islands state, including its policing and justice are often advised to stay away from meetings systems. Fear and intimidation paralyzed the courts, regarding land disputes, particularly if there are no prisons were emptied, and the police effectively police present (Monson 2010, 2). Even if women collapsed. The failure of state-administered law and do attend, such attendance does not necessarily order has been viewed by some as both a contributor equate to a right to voice an opinion. On the other to and a consequence of the tension, as well as a Justice delivered locally   43 factor in the expansion of the initial conflict into a state justice services. These complaints need to be situation of opportunistic lawlessness.88 Restoring understood against a background of years of neglect and strengthening the rule of law, primarily through of the justice system by successive Solomon Islands technical assistance and capacity building, has governments. There has been a consistent lack of thus been a key priority of RAMSI’s post-conflict policy leadership, while funding and other forms of engagement in Solomon Islands. Substantial financial government support have been inadequate. The and human resources have been deployed to this deteriorating quality of the existing infrastructure— end over the course of the past 10 years, with large court houses, police stations/posts, accommodation, numbers of international personnel serving in both and so forth—is one manifestation of this longer operational and advisory positions in the police, history of neglect. The improvements that have judiciary, correctional service, and associated legal occurred are usually a result of donor intervention and support agencies. rather than government initiative. The challenges facing the justice system have been compounded Although the conflict and its aftermath may have by the stresses of population growth and increased been the breaking point, shortcomings in the levels of mobility, as well the broader processes of state justice system were apparent well before the socioeconomic change that have led to rising levels dramatic events that engulfed the nation from 1998 of contestation, disputes, and antisocial behavior. onward. An incremental process of institutional Cumulatively, these have placed growing pressure degradation was evident across state institutions on an already fragile system. during much of the post-independence period. An important consequence of this reality was one The current state justice system is highly Honiara- of the key concerns recorded during the research: centric. The most functional state justice institutions the difficulties that those living outside of Honiara are found in the capital, where the vast bulk of judicial and the main provincial centers have in accessing and police officers and accompanying resources are Opening of the new RAMSI-funded Buala Police Station and Isabel Provincial Police Headquarters, Buala, Isabel province, August 2012. Image courtesy of the Police Media Unit, Royal Solomon Islands Police Force. 88  For a discussion on this issue, see Braithwaite et al. (2010, 43–45). 44    J4P Research report | AUGUST 2013 located. As of June 2013, out of the eight Solomon Those interviewed almost universally expressed Islander magistrates, five are posted in Honiara, and negative views of the state justice system, and all principal magistrates except one are located in reserved particular dissatisfaction—in some cases the capital. All High Court judges are located there, hostility—toward the police. If their attitudes are as are the bulk of public solicitors and prosecutors.89 any indication, it is evident that the police have not This concentration leaves the rural population with secured the confidence of the majority of community limited or no ready access to state justice services. members following the partisan role they played in Most citizens that do manage to utilize state justice the tension.92 However, despite the fact that the services do so at its lower levels—the police, court contemporary state justice system is perceived as circuits, and to a lesser extent, local courts. For marginal to the majority of Solomon Islanders and is those resident in Honiara, Auki (Malaita province), the subject of almost universal criticism, state justice Gizo (Western province), or Kirakira (Makira Ulawa institutions are nevertheless viewed as legitimate province), there is also the possibility of accessing and the research discloses a strong call for an the services of a magistrates’ court presided over expanded and more proactive state presence at the by full-time resident magistrates.90 Similarly, public local level. This was the case even in those places solicitors operate in Honiara, Auki, and Gizo to that have historically been viewed as resistant to provide free legal advice and representation, “government law,” such as parts of Malaita province. although this is mainly restricted to criminal cases. Citizens clearly appreciate and want a functioning The police presence across Solomon Islands is state justice system, but judge the current confined to Honiara, provincial capitals, what were manifestation to be falling far short. once classified as provincial substations, and a number of strategically located police posts. Out In fact, those interviewed generally had high, and of a serving police force of 956, some 644 officers in some cases unrealistic, expectations concerning are stationed in the capital, which is also the location state service provision, given the country’s current of the police headquarters.91 On the whole, the economic challenges, namely its limited financial police are not particularly mobile, and for most resources and the highly constrained sources communities there is little ability or, more importantly, of medium-term economic growth.93 It was not willingness to use police services, except in cases uncommon to hear calls for the establishment involving “serious” offenses, substance abuse, and of police posts in what appeared to be relatively disputes around natural resource development— stable communities already located relatively close cases with which local systems are least equipped to existing police posts/stations, and requests for to deal. the placement of chiefs on the government payroll. Although such appeals may be legitimate reactions to an underfunctioning state, they are not within the ability of the current Solomon Islands government to deliver. 89  As of May 2013, there were 17 Solomon Islander lawyers working in the Public Solicitors Office located in Honiara (plus two yet to be ad- mitted to practice) and three posted in provincial locations (two in Auki, Malaita province and one in Gizo, Western province). There were nine Solomon Islander prosecutors working in the Office of the Director of Public Prosecutions in Honiara (with two on study leave), and no officers located in the provinces. (In 2011, one public prosecutor was posted to Auki; however, this position was vacated following the recall of the resident magistrate to Honiara.) 90  While a magistrates’ court building is located in Lata, Temotu province, as of June 2013, there were no resident magistrates located there. 91  Data provided by the Media Unit, Royal Solomon Islands Police Force, July 2012. 92  This is also confirmed by the annual People’s Surveys conducted on behalf of RAMSI. The 2010 survey posed the question, “[d]oes the respondent have trust and confidence in the RSIPF?” From a sample of 4,898 persons interviewed, some 40.4 percent responded in the positive (ANU Enterprise 2011, 88). The 2011 survey did not ask an identical question. A comparable question from the 2011 survey was “[h] as the RSIPF improved in the last five years?” From a sample of 4,966 respondents, some 40 percent thought that they had not, while some 24 percent said that they had (ANU Enterprise 2012, 88). A prepublished version of the 2013 People’s Survey (ANU Edge, “The People’s Survey 2013” (Canberra, Australian National University, 2013) asked the same question as the 2011 survey. From a sample of 3,041 respon- dents, some 26.5 percent thought that the RSIPF had not improved in the last five years, while 29.8 percent thought they had. (Three fewer provinces were visited for the 2013 survey than for the 2011 survey.) Unlike focus group discussions conducted as part of the 2010 survey, the JDL research did not encounter any people indicating that “they have renewed trust and confidence in the RSIPF.” 93  This is elaborated on in World Bank (2010). Justice delivered locally   45 Figure 2.  The Court Hierarchy of Solomon Islands Court of Appeal High Court Magistrates’ Courts Customary Land Appeal Courts Local Courts The court hierarchy In reality, for the vast majority, courts—including On paper, the Solomon Islands court hierarchy is the lowest-level local courts—are not visible and comprised of four tiers (see figure 2). At the lowest are largely irrelevant in everyday dispute resolution. level are local courts and customary land appeal To the extent they are used, court proceedings are courts. Above local courts are the magistrates’ not well understood by the parties, as the formal courts, which have jurisdiction over minor criminal English language used and the common law rules of offenses and civil disputes, but primarily hear the evidence are completely foreign to most. former.94 The High Court hears the most serious criminal offenses, but the bulk of its case load is civil The following discussion focuses on general in nature.95  Finally, there is the Court of Appeal, which findings concerning those elements of the court is made up largely of foreign justices, typically sits system that are meant to service the local level. A biannually for two weeks, and as its name suggests, recurring concern across these institutions is one hears only appeals. 94  In 2011, it was reported that 86 percent of new magistrates’ court matters were criminal, with new civil matters comprising 11 percent. See Palmer (2012, 16). 95  In 2011, it was reported that 72 percent of new High Court matters were civil, with new criminal matters comprising 10 percent. See Palmer (2012, 14). 46    J4P Research report | AUGUST 2013 of centralization and lack of access. It is common logistical and administrative support for local courts to hear of litigants regularly traveling from their to Honiara. The latter reportedly occurred for the home province to Honiara to receive information same reason that area councils were said to have on the status of their case. This also fuels tension at been suspended: to save money at a time when the local level between “those men” who travel to government finances were in a perilous state.97 Honiara and the rest of the community who feel kept The current oversight of the day-to-day functioning in the dark. and management of local courts falls to the chief magistrate located in Honiara, who is assisted by Local courts a number of Honiara- and provincial capital-based In theory, the court level of most relevance to the clerks. This, coupled with the general degradation majority of rural-based Solomon Islanders is the caused by the tension, has rendered the local courts local court.96  Like similar first-level jurisdiction courts the most dysfunctional level of court operating in in Melanesia, local courts are presided over by a Solomon Islands today. At the opening of the legal number of lay decision makers, the rules of evidence year in 2013, the Chief Justice commented that the do not apply, and lawyers are generally prohibited state of local courts continued “to stick out like a from appearing. sore thumb” and that it was “now a matter of great concern that these courts are not sitting regularly as The historical evolution of local courts has been they ought” (Palmer 2013, 13). documented elsewhere (see Evans, Goddard, and Paterson 2011). However, it is important to reiterate Today, the local court system is essentially moribund, the critical shift that occurred in the 1990s, when plagued by systemic problems and years of neglect. rationalization and centralization processes led to In effect, it has become anything but local. There the suspension of area councils and a shift of are 18 local courts “on the books” across Solomon Islands; however, from 2010 to 2012, sittings were generally confined to a number of central locations, which in many instances corresponded with those that are already home to permanent magistrates’ courts or court circuits.98 According to the Central Magistrate’s Court, in 2010, six local court sittings occurred across the country. In 2011, this figure increased to 13, while in 2012, some 11 sittings were held. By contrast, in 1977, there were 65 native courts operating permanently across the country (Campbell 1977, 45). Despite having an extensive civil and criminal jurisdiction, the courts are currently hearing matters related only to customary land disputes, and still face a backlog of 350–400 cases.99 Local courts are also criticized for being overly formalistic, and mirroring the process of higher courts with lengthy sittings, prohibitive expense, and potentially, confusion on the part of users. This poor performance A court sitting, possibly a Native Court, at Sinalagu, East Kwaio, contrasts with that of the similar village court system Malaita province, early 1960s. Image courtesy of the Keesing Family and the Roger Keesing Papers, in neighboring Papua New Guinea, which hears Mandeville Special Collections Library, University of California, San Diego. thousands of cases weekly (Evans, Goddard, and Paterson 2011, 19). 96  Previously, local courts were referred to as native courts. Upon independence in 1978, their name was changed. 97  Although it has been noted that prior to the 1990s, area councils had already returned their responsibilities for local courts to the national judiciary due to staff shortages (Premdas and Steeves 1985,11). 98  According to the Central Magistrate’s Court, in 2010 and 2011, sittings took place in Auki, Malu’u, Buala, Honiara, Lambi, Tetere, Gizo, Lata, Kirakira (and other locations on Makira), Sikaiana, and Tulagi. 99   One local court, the Malu’u Local Court in north Malaita, was hearing a limited number of criminal and civil matters beside customary land disputes. Justice delivered locally   47 The problems associated with the local court Honiara.103 In recent years, Auki, Gizo, and Kirakira system are not simply tied to inadequate recurrent Magistrates’ Courts have typically been staffed by funding or staffing. In 2011, government budgeted only single second-class magistrates with limited SBD$1.49 million for the local court system, although jurisdictional powers, and there have been lengthy only SBD$197,168.79 was spent (SBD$567,500 periods with no resident magistrates at all.104 of this allocation was transferred to other parts of Because of the prescribed penalty, kwaso production the national judiciary).100 In 2012, the budget was is beyond the jurisdictional capacity of a second- SBD$530,000. In addition, there are presently 10 class magistrate, for example, which is a significant full-time public servants working on the system, concern in Malaita province in particular in light of with recurrent funding in 2012 for a further eight the prevalence of kwaso-related offenses.105 positions.101 Full-time clerks based in the provinces have little to do given that the courts rarely sit. At Cases that cannot be dealt with by the resident the same time, the current local court system is very magistrate must await hearing by a visiting court expensive. In fact, on a daily basis, local court sittings circuit from Honiara. A court circuit typically involves cost more than those of the magistrates’ court. an Honiara-based magistrate traveling to specific A local court clerk based in Auki shared detailed provincial locations, usually provincial capitals, figures that indicated that one local court sitting together with a court clerk, a public solicitor, and a (lasting 15 days) would cost the state SBD$25,000. police prosecutor.106 Usually a court circuit will last This figure does not even reflect the full cost, as one week and deal with a limited number of criminal witness transportation and accommodation must matters, prioritizing those in which defendants also be borne by parties to the case. plead guilty. A police officer at Buala Police Station, Isabel province, noted that the only way to deal Despite their current underperformance, local courts with defendants who plead not guilty was to try are of prime importance to the wider judicial system and negotiate with their lawyers in order to secure not only because, in theory at least, they are the a guilty plea. In 2011, out of some 60 scheduled level of court closest to the rural populace, but also court circuits, only one-half went ahead, a figure that because customary land disputes must be heard by a has only marginally improved since 2009, when over local court before they can proceed to a higher level. one-half of all organized circuits were canceled. In Higher courts thus routinely refer land cases to local addition to magistrates traveling from Honiara, in courts despite their manifest inability to hear matters those provincial locations where full-time resident and the fact that these courts are not sitting in many magistrates are located (that is, Malaita, Western, parts of the country.102 and Makira provinces), “internal” court circuits also take place, which entails that the resident magistrate Magistrates’ courts travel to places within the province in which he or While there are five permanent magistrates’ she is posted. courts located across Solomon Islands, five out of eight Solomon Islander magistrates are posted in 100  Figures provided by the Budget Unit, Solomon Islands Ministry of Finance, August 2012. 101  Figures provided by the Central Magistrate’s Court (March 2012), based on the national judiciary establishment for 2012. 102  The incumbent Chief Justice has pointed out that “a large percentage of old files” before the High Court still awaiting determination are those before the “land courts” (Palmer 2012). Records indicate that as of March 2012, there was a backlog of approximately 600 civil cases before the High Court, with a large number of these awaiting determination by other courts (SIG-RAMSI Support Facility 2012, 30). 103  This figure does not include three RAMSI-funded magistrates (engaged as of June 2013), who, towards the end of 2012, moved from an in-line to an advisory role, meaning they should no longer adjudicate cases. One of the Solomon Islander magistrates was slated to vacate the bench in June 2013, leaving seven magistrates to serve the whole country. 104  As of June 2013, there were no resident magistrates posted in Lata (the position has not been occupied for over five years, despite the existence of three full-time staff at the court), and for lengthy periods of 2011 and 2012, there was no resident magistrate posted in Auki. As of the same date, the composition of magistrates in Solomon Islands was as follows: four principal magistrates, three second-class magistrates, and one first-class magistrate, with one principal magistrate soon to leave the bench. 105  At the time of the fieldwork, there was a single second-class magistrate posted in Auki. As of May 2013, this magistrate had been promoted to a principal magistrate with jurisdictional ability to hear kwaso production matters. 106  Police prosecutors travel from Honiara despite the fact that there are also police prosecutors located in those provinces where court circuits take place. 48    J4P Research report | AUGUST 2013 The magistrates’ court circuit system was cited as a matters back to communities for possible cause of universal frustration by police and parties. resolution was the irregularity of court circuits The constant cancellation of court circuits has and the existing backlog of cases. Community substantial flow-on effects at the provincial level that dissatisfaction around the failure of magistrates’ do not always seem to be fully appreciated: court circuits is commonly directed at police. Complainants and accused alike, frustrated at • An increased unwillingness on the part of having expended considerable money, time, defendants to answer summonses, given the and energy in answering summonses, often turn burden of transport costs and lost income/ to the RSIPF seeking to be compensated when livelihood opportunities responding to previous their cases do not proceed. circuits that were canceled or did not dispose of their matter. As time passes, it also becomes The cancellation of circuits stems from a combination increasingly difficult to trace the location of of factors, including a failure to plan sufficiently in defendants and witnesses. advance (especially around securing the release of necessary funds for transport and accommodation107); • A backlog of outstanding cases that become a lack of intra-agency communication; insufficient increasingly difficult to clear. While reliable manpower; changes in the court circuit list that are data collection is a further key weakness of the not sufficiently communicated in advance; logistical magistrates’ court, police indicated that at the difficulties, including the cancellation of flights and time of the fieldwork, there was a backlog of some ships; and administrative weaknesses in the Central 436 cases in Malaita province and an estimated Magistrate’s Court (which organizes the circuits). A backlog of 200 cases in Isabel province. Other case study of the operation of the court circuit system provisional statistics roughly accord and would relating to Buala, Isabel province, appears in box 9. indicate a backlog of 422 cases in Malaita province (including serious sexual assaults) with For those who make it to a magistrates’ court, 360 arrest warrants to be served, and a backlog most criminal defendants, especially those facing of 156 criminal matters in Makira province dating serious criminal charges, will have access to a back to 1990 (SIG-RAMSI Support Facility 2012, public solicitor.108 Most civil litigants cannot afford 34). Such figures naturally fuel skepticism among the services of a private lawyer (the vast majority of complainants, communities, and the police that whom also practice in Honiara) and capacity justice will ever be served. constraints limit the ability of the Public Solicitor’s Office (PSO) to take on their cases. Accordingly, • Stresses in other parts of the state justice system, most civil litigants fall through the cracks, severely including the requirement that a defense lawyer, limiting the ability of citizens to bring important magistrate, and police prosecutor clear their matters before a judicial body. Honiara has benefited schedules to enable them to travel on circuit. almost exclusively from the provision of full-time, Significant time and resources of the provincially donor-funded expatriate advisers attached to based police are also spent in preparing for the PSO and the Office of the Director of Public circuits that then get canceled. Prosecutions (ODPP). • An unwillingness by police to pursue new cases. One of the reasons police proffered for not following up on reported matters or for referring 107  This involves ensuring that imprest accounts are replenished so that sufficient funds are available. 108  In July 2012, the PSO citing a lack of manpower announced an unofficial policy of not representing criminal defendants in the magistrates’ court, except children and cases involving serious criminal offending. Justice delivered locally   49 Box 9. A Case Study of Magistrates’ Courts Circuits to Buala, Isabel Province There are no magistrates located in Isabel province. In 2010, four magistrates’ court circuits were scheduled to visit Buala, the capital of Isabel province. Prior to the first scheduled circuit arrival in February 2010, a police officer stationed in Buala traveled to Honiara in order to photocopy and distribute police briefs and to ensure that approximately 100 summonses were endorsed by a magistrate for service across Isabel. Close to the first sitting date, police stationed at Buala traveled around Isabel to locate defendants and serve summonses. This involved two teams, each comprised of four officers, traveling by outboard motor boat around the island for around seven days, requiring rental of a boat as well as the use of a RAMSI boat. A police officer located in Buala estimated the cost of this exercise at between SBD$10,000–SBD$15,000, mainly for fuel and travel allowances for the eight officers. While the police were serving summonses, they made use of their time by carrying out other policing activities, including receiving stolen properties, attending to new complaints, and raising awareness among community members. The first circuit scheduled for Buala proceeded in February 2010 for five days as planned and disposed of approximately 70 cases. The second circuit for 2010 was scheduled to proceed in May and the same process detailed above took place. While the police were in the process of serving summonses— and approximately one week prior to the scheduled court circuit—notice was received from the Central Magistrate’s Court in Honiara that the circuit would not proceed, as there was no magistrate available. Although a radio message was broadcast across Isabel advising the public of the cancellation, on the first scheduled sitting day, a number of defendants who had been summoned turned up for court. These individuals expressed their dissatisfaction at the police, many asking that the police cover their transport costs. A further court circuit sitting was scheduled for August 2010, but this was also canceled because there was no magistrate available. A final court circuit was to proceed in October 2010, but the holding of the Premier’s Conference in Buala meant that police could not attend to the circuit. The sitting was rescheduled, but after summonses had been sent to and endorsed in Honiara, it was canceled yet again. The financial costs incurred by the magistrates’ court in holding a five-day circuit in Buala were approximately SBD$5,622. This mainly entailed the transport, accommodation, and allowance costs involved in sending a magistrate and a clerk from Honiara. Added to this figure is the cost of a public solicitor as well as the cost of a police prosecutor (approximately SBD$4,700). Additional costs are incurred in having a police officer attend Honiara prior to the circuit. Lost manpower in circuit cancellations are also significant. Based on budgeted figures for other resident provincial magistrates, the recurrent staffing costs of having a permanent resident magistrate and clerk in Buala—a desire expressed by many of those interviewed— would vary between approximately SBD$63,000 and SBD$90,000 per magistrate and approximately SBD$32,000 and SBD$40,000 per clerk, depending on the class of magistrate and the level of clerk. Two additional issues in relation to the placement of a permanent magistrate in Buala are the lack of housing and the absence of a court building. 50    J4P Research report | AUGUST 2013 The police The damage to the RSIPF during the tension years has arguably been the most enduring. Fragmentation along ethnic lines reflected deep divisions within the RSIPF that have yet to be fully reconciled, while public confidence was severely undermined by the partisan role played by elements of the police during the conflict. Although most marked in areas such as Guadalcanal’s Weather Coast, where mainly Malaitan police combined with militants in a violent joint operation against Guadalcanal fighters and villagers, lack of public trust and confidence in the police extends much further afield.109 New police recruits, RSIPF Police Headquarters, Rove, Honiara, Guadalcanal province. The total number of police in Solomon Islands as of Image courtesy of the Police Media Unit, Royal Solomon Islands Police Force. April 2012 was 1,061 active officers,110 representing a ratio of police to citizens of approximately 1 to 486, based on a total population of 515,870 from the 2009 perceived to be their “real” job.112  Similarly, in some census (Solomon Islands 2012b, 1), a figure that is places, people did not appreciate the different broadly comparable to other Pacific jurisdictions.111 functions of the police and the judiciary, and ire However, although the RSIPF has 28 police posts at what is seen to be lenient court sentences was and police stations located outside of the Honiara thus leveled at the police. Finally, police are often town boundary, over half of all police officers are frustrated in their attempts to follow up on reported posted in Honiara. Only 5.8 percent of RSIPF human matters, with potential witnesses in what are often resources are allocated to Malaita province, which small communities fearing retaliation from alleged accounts for 26.67 percent of the national population offenders or their families. (see table 2). What should, in some instances, be shared burdens Across the country, a number of remarkably consistent are oftentimes visited solely upon the police. concerns in relation to the performance of the RSIPF For example, in the absence of a coordinated, were conveyed. Some criticisms appear to be valid, multidimensional intervention involving education others seem to be misdirected frustration at other and health professionals, kastom actors, the church, parts of the state system (for example, canceled and policy makers in Honiara and provincial centers, circuit courts), and some stem from misconceptions the substance abuse plight detailed above is unlikely about their role. The distinction between civil and to diminish anytime soon. The sheer pervasiveness criminal matters is not well understood; family and of the problem augers against any type of quick land-related disputes are routinely reported to police fix, and a police response is always going to be a with an accompanying expectation that they will blunt instrument—as soon as a kwaso distillery act. Police stated that responding to these concerns or marijuana crop is seized by the RSIPF, another diverted efforts and resources away from what they invariably appears. 109  While the most visible displays of conflict involving the RSIPF during the tension period took place in Malaita, Guadalcanal, and Western provinces, illegal acts by members of the RSIPF—such as the threatening display of firearms, discharging of firearms, and other instances of disorderly behavior—took place in most other provinces, including Renbel, Central, Temotu, and Makira. Further, while there is some evidence in the 2010 People’s Survey suggesting an improvement in popular perceptions of the RSIPF in recent years, this appears to be contradicted by the findings of focus group discussions undertaken as part of the same exercise. 110  Figure provided by RSIPF Human Resources and is accurate as of April 13, 2012. The actual establishment figure (i.e., budgeted for figure) is 1,134, representing a shortfall of some 73 officers. The figure provided by RSIPF Human Resources differs from the figure provided in table 2 in this paper. 111  Figures from 2006 show a police to citizen ratio of 1:1,423 for Papua New Guinea, 1:452 for Vanuatu, 1:321 for Fiji, and 1:506 for New Zea- land, and a Pacific average of 225–238 police per 100,000 citizens (Goode 2010, 23). For various qualifications in relation to these figures, see Goode (2010, 24). 112  It needs to be observed here that frequently civil disputes in Solomon Islands escalate into criminal matters, a point visited earlier when looking at the main types of disputes across the country (see section 3). Justice delivered locally   51 Table 2. Police Distribution Across Solomon Islands* Number of Province Population** % of Population Number of Police % of Police Force Women Officers Honiara 64,609 12.52 % 266 24.7 % 45 Guadalcanal 96,613 18.73 % 53 4.9 % 9 Malaita 137,596 26.67 % 63 5.8 % 2 Western 76,649 14.86 % 81 7.5 % 15 Choiseul 26,372 5.11% 10 0.93 % 3 Makira 40.419 7.83% 34 3.16 % 2 Isabel 26.158 5.07% 20 1.86 % 4 Renbel 3.041 0.59% 4 0.37 % 0 Central 26.051 5.05% 24 2.23 % 2 Temotu 21,362 4.14 % 18 1.67 % 4 Headquarters NA NA 504 46.8% 64 TOTAL 515,870 100% 1077*** 100% 150**** * Figures provided by RSIPF Human Resources and various provincial police headquarters, August 2012. ** Figures from 2009 Census (Solomon Islands 2012b, 1) *** This total figure differs by 16 from that provided by RSIPF Human Resources in April 2012. This can be explained, in part, by fluctuations in police figures between April and August 2012, such as nonactive officers returning to duty and the recruitment of new officers. **** This total figure differs by 22 from that provided by RSIPF Human Resources in April 2012 (at which time there were said to be 172 active women police officers). This can be explained, in part, by fluctuations in police figures between April and August 2012, such as nonactive officers returning to duty and the recruitment of new officers. As documented elsewhere, key criticisms of the relations. This can be especially pronounced for RSIPF include:113 police stationed in remote areas who may be reliant on their host communities for the provision of garden Wantokism. Long-standing concerns about nepo- areas, food, and/or shelter. tism, or wantokism, on the part of individual officers heads the list of concerns. This involves Most people who raised the issue of wantokism and officers favoring kin, often by turning a blind eye favoritism contended that the most effective way to to illegal activities or by subverting or undermining counter it was to have officers stationed outside of criminal investigations. Naturally, problems—real or their home province and frequently rotated. This is imagined—pertaining to wantokism are most alive difficult to implement in practice, however, given in those areas where officers are stationed within the absence of housing, food markets, and social their own language group. Beyond wantokism are support networks for outsiders in many provinces. As the reciprocal obligations that come with close a result, police must rely on their own kinship ties for friendships, work relationships, and tabu (in-law) basic needs. At the time of the fieldwork, 15 out of 18 113  The issues identified concerning police have been documented in: the qualitative research component of the 2011 People’s Survey (ANU Enterprise 2012, 90–91); the “Independent Review of the RAMSI Participating Police Force’s (PPF’s) Capacity Development of the Royal Solomon Islands Police Force (RSIPF), Final Report” (unpublished, Honiara 2009); Dinnen and Haley (2012); Dinnen and Allen (2012); and various unpublished documents produced under the University of Queensland’s “Working with Local Strengths” project. 52    J4P Research report | AUGUST 2013 officers stationed at Buala were from Isabel province; 2012, 20-21). Reported comments by the Provincial all seven officers stationed in Malu’u were from north Police Commander in Isabel province demonstrate Malaita; and all five officers in Renbel province were similar concerns: “At the moment, we just have to from Rennell.114 The officers spoken to generally do what we can. In most cases we cannot attend agreed that rotation and postings to other provinces reported cases and do community work since we are were one way to tackle the issue of wantokism, but handicapped.”116 Low levels of morale among many they also pointed out the difficulties that arise in provincially based officers were observed throughout policing areas without an intimate understanding of the research, together with a submissive acceptance the local context, kastom, or language. It is also clear of the status quo—a belief that things would never that the situation described here is not solely one of improve, with an accompanying lack of enthusiasm belonging to the same language group as your host to carry out their role. This comment from a serving community; it is also an issue facing officers from every police officer in the 2011 People’s Survey is reflective: province when they find themselves policing small communities where friendships and relationships are Being a policeman is not really a good job. You easily formed and it is almost impossible to remain think it will give you status and a good career detached and anonymous. There are also many but it doesn’t. That is, there are frustrations, it is positive aspects to wantokism as it relates to policing difficult for police to do their job well because of that need to be acknowledged, including assistance a lack of resources, and they are subject to much offered by wantoks during investigations. criticism. (ANU Enterprise 2012, 90) Failure to Act. A lack of police presence and a failure Police failure to act can have repercussions on the to respond to reports and requests for assistance standing of community leaders. Matters are often were commonly raised. Police claim that this is due referred to police by chiefs and leaders with an to the absence of logistical capacity, that is, a deficit expectation that the police will act. When nothing of police vehicles, boats, fuel, and other necessary transpires, this is said to reflect badly on them as local equipment and a consequent reliance on RAMSI. leaders. Community members expressed frustration: (This was contested in some provinces by community members who indicated that police are regularly seen “The police just stay in town and they never come in vehicles.) The RSIPF is severely underresourced here. Or, if the police do turn up, they simply take and suffers from poor financial management and notes, go away and never come back.” communications systems. - Woman participant, Fulisango village, Malaita province In Malu’u in north Malaita, police reported that to “Las yia olketa polis kam fo tok nomoa, no kambaek. leave the station they needed to ask the permission of RAMSI officers to use the one RAMSI vehicle Taem ripotim case, mifala wait wait, polis no kam. available.115 Also in Malu’u, the RSIPF reported that a Sapos oketa elda nao duim [stretem rowa], den hem vehicle that had been provided by RAMSI had never finis nao.” returned from maintenance work being undertaken [Last year the police came and only spoke to us. They in Auki, the provincial headquarters, and was didn’t come back. When we report a case we wait believed to have been taken over for use by police and the police don’t come. If all of the elders do it there, as had the outboard motor for the police [resolve the problem] then it is finished.] boat. While RAMSI had supplied a boat for Malu’u officers, there were no officers with the requisite - Young woman participant, Samasodu village, certification to commandeer it (Dinnen and Haley Isabel province 114  With regard to Malu’u Police Station, the messages conveyed around requests for a rotation of police personnel were later acknowledged by the then Acting Commissioner, “Local police officers stationed there [at Malu’u] served for too long which impacts on the way they execute their duties. That is one reason why people in the area want fresh people and we are going to address that.” See Solomon Star, July 30, 2012. This pronouncement was shortly followed by the replacement of the five officers located there. 115  There are no longer PPF officers posted at the Malu’u Police Station, with the final PPF officers withdrawing on February 13, 2012. 116  See Daniel Namosuaia, “Poor Logistics, a Major Policing Problem for Isabel,” The Solomon Star, July 25, 2012, 10. Justice delivered locally   53 Reactive Policing. Another common criticism is that “Truck government givim olketa police ya, hem no for the RSIPF practices a reactive rather than proactive work wetem ya, hem for lukoutim firewood nomoa.” mode of policing. An unwillingness or inability by [The truck the government gave to the police, police to adopt a more active role, including through the conduct of regular patrols, was frequently they don’t use for work, it’s only used for looking contrasted with the policing approach practiced for firewood.] during the colonial era, when police would undertake - Male youth, Hunda Village, Kolombangara, lengthy tours using government boats and extensive Western province foot patrols with overnight stays in villages.117 This created a high level of visibility and enabled citizens Inappropriate and Partisan Behavior. Police are to raise matters directly with officers.118 A senior perceived to be commonly involved in the public officer stationed in Auki, Malaita province, explained drinking of alcohol and other forms of inappropriate that today, officers are reluctant to leave their family behavior. Other messages relayed included a lack of behind and would seek a touring allowance whenever professionalism and discipline: officers not wearing they stayed away from their home. Given an uniforms and/or not turning up to work. A kwaso cook apparent history of failure to pay touring allowances, in Malaita detailed the extent of police involvement officers were said to be disinclined to undertake in his business, claiming that they request a free patrols. Some also felt that RAMSI’s heavy reliance supply of kwaso in exchange for advance notice of on mobility assets (including helicopters, vehicles, any planned raids. and boats) made the RSIPF more dependent on motorized transport and less willing to undertake “Olketa [police] law enforcers time olketa strenuous foot patrols. wearem uniform and law breakers time olketa no werem unifom.” Today, despite often having vehicles, several communities recounted somewhat facetiously that [They (police) are law enforcers when in uniform and the only time police were sighted outside of their law breakers when not in uniform.] station or post was when traveling to provincial - Male Community Leader, Borosuvu, Kakabona, headquarters on payday or when using state Guadalcanal province resources to go fishing. In Rennell, over the past few years the local police had been humorously referred to as “the Fishing Division.” Some people Moreover, the RSIPF is not seen as a neutral player interviewed said that even when police do visit, when it comes to the most fractious community there is inadequate information sharing and they problem—the bitter and protracted disputes commonly met with the same people (men) rather around logging. Community members involved in than a cross-section of the community. disputes with logging companies feel intimidated and helpless in the face of the allegedly partisan role of the RSIPF in providing security and escort “Olketa police ya no really save lo olketa villages services for loggers, while failing to investigate the blo mifala ya, but olketa save tumas lo olketa reef grievances raised against the companies. Although for fishing.” an enumerated goal of the RSIPF in its 2010–2013 [The police don’t really know about our villages, Strategic Direction is to “protect natural resources,” but what they really know about is all of the reefs there is a perception that the police are willing to support loggers and not act on behalf of landowning for fishing.] groups when they register complaints about the - Male participant, Vakambo Village, Marovo, alleged illegality of timber operations.119 Community Western province 117  See, for example, Gina (2003, 159–84); Tedder (2008), and Kenilorea (2008). 118  In 1964 and 1965, the police establishment was increased by the addition of the Police Field Force, which was used, among other tasks, to patrol remote parts of the country and the inaccessible hinterlands of the larger islands (Royal Solomon Islands Police 1981). 119  Complaints about the partisan role of police in logging disputes were recorded in Penjuku and Gepae villages in Western province, Liwe and U’hu villages in Malaita province, and Samasodu in Isabel province. The research in Leona village in Vella Lavella, Western province, indicated that the community had been involved in three disputes with logging companies in recent years. Community members com- plained of the partisan conduct of the RSIPF, who rarely responded to their complaints, yet were much more responsive to requests from the logging companies who were in a position to pay. 54    J4P Research report | AUGUST 2013 members also complained about the heavy-handed Discussions with senior RSIPF officers in Western tactics that the RSIPF and company security employed province—and follow-up conversations with officers when breaking up peaceful protests by local women, located at police headquarters—confirmed that some of whom allegedly sustained injuries as a result the RSIPF does receive payments from logging of these interactions. The frustration, helplessness, companies. Such payments usually take the form of and profound feelings of injustice occasioned by the transport costs, accommodation, food, and other perceived bias of the RSIPF in such circumstances monetary benefits. These are paid in addition to are clearly expressed in box 10, which contains an officers’ normal salary and touring allowance. extract from a letter published in a local newspaper. Donor support to the state justice system Following the RAMSI intervention in 2003, external support to the state justice system and the RSIPF in Box 10. Letter from a Resident of Hurepelo particular increased to unprecedented levels. RAMSI Village, Katova District, Isabel Province has been the main donor in the areas of policing and “law and justice,” with no other actors of significance I ask you head of RSIPF – why did you not act occupying these spaces. A significant proportion of RAMSI resources has been directed at rebuilding the promptly on these loggers demands without RSIPF, which effectively collapsed during the tension. investigating the nature of the complaint and From July 1, 2013, the nonsecurity program of RAMSI, the documents that support it, or check why including its law and justice “pillar,” transitioned these villagers chased the loggers in the first mainly to Australia’s bilateral aid program. place before they sought your support? … I tried to reason with you RSIPF to pull out your As with other international policing and justice police officers and the company from the land, interventions, most of the assistance has been because they shouldn’t be there in the first to centralized, state institutions in the form of a place and because we cannot afford a lawyer, variety of capacity-building programs. Thus, the majority of RAMSI support is directed at improving but the answer I got was, “get a lawyer” and the functioning of national-level justice institutions “if you take matters into your own hands we based in Honiara. While RAMSI assistance has been would arrest you.” I didn’t take and would not critical to reviving organizations and agencies that take matters into my own hands – but did you? had largely disintegrated during the conflict, the Who can arrest you? Who can I trust to scale and form of assistance provided to date raises investigate this issue? Who can be my pillar of questions about long-term sustainability, of which justice, truth and honesty? How can I fight RAMSI is acutely aware. RAMSI has also contributed against these financial giants such as [name of to what can be termed the “alibi effect,” with domestic actors neglecting their own responsibilities logging company]? Can anyone help me and in the knowledge that RAMSI will in all likelihood fill the low and not so financially sound people of the void.120 Solomon Islands? The RAMSI Participating Police Force (PPF) is made J. Palmer, “RSIPF Escorts Loggers,” up of officers from various Pacific countries, although The Solomon Star, January 31, 2012. in the past they have been predominantly Australian and, to a lesser extent, New Zealander.121 In addition to having a strong presence in Honiara, PPF officers 120  On the issue of sustainability, in 2011, RAMSI provided approximately two-thirds of the costs of policing in Solomon Islands, around double the amount of support provided by SIG. Also, World Bank analysis undertaken for the JDL project (Haque 2011) indicated that RAMSI is meeting a large proportion of costs across other parts of the justice sector. For example, it finances a large part of expenditure of the Ministry of Police, National Security and Correctional Services, and the national judiciary. At the same time, SIG allocations to the police and justice sectors have typically been flat or declining in real terms over the same period. 121  Although the figures fluctuate, as of January 2013, there were 146 PPF officers in Solomon Islands, 71 percent of whom were Australian, 12 percent New Zealander, and the remainder, 17 percent, from other Pacific islands. Justice delivered locally   55 mid-2013, the force had withdrawn from all but three places across Solomon Islands: Honiara, Auki and Gizo.122 The contingent of PPF officers as of January 2013 was 146—having peaked at around 330—the vast bulk of whom reside at the Guadalcanal Beach Resort on the outskirts of Honiara.123 There have been some paradoxical consequences to the foreign assistance (see Dinnen and Allen 2012). Throughout the fieldwork, the RSIPF were compared unfavorably with the PPF.124 The PPF is generally viewed as proactive, well-resourced, responsive, and impartial (and it is largely immune from the pressures of local social relations that are seen to corrupt local institutions, such as wantokism). The persistence of these local perceptions of a strong PPF has accentuated negative comparative evaluations of the RSIPF as a less efficient, competent, and trustworthy force. In this sense, the continuing presence of the PPF perpetuates the lack of public confidence in the RSIPF. “The PPF are good because they are not biased. They stick straight to the law. There is too much wantokism in Melanesia.” - Male, Penjuku village, Nggatokae, Western province A member of the RAMSI police contingent, PPF, “We would like a presence blo RAMSI lo olgeta with surrendered/confiscated weapons, 2003. Image courtesy of the Regional Assistance Mission to Solomon Islands. places ia. Olgeta local police don’t care. Waitem pay nomoa. Gud fo RAMSI police to monitor their [the RSIPF] work.” were also stationed in all of Solomon Islands’ [We would like a RAMSI presence everywhere. The provinces. Initially the PPF played an in-line policing local police don’t care. They only wait for their pay. role, and were particularly active in the investigation of “tension matters” (crimes that took place during It’s good for the RAMSI police to monitor their [the the civil conflict, especially homicides); however, as RSIPF] work.] the exigencies surrounding the intervention subsided - Male, Chea village, Marovo Island, Western province and priorities shifted, they have adopted a capacity- building mandate, working with and assisting “Mifala save wantok business tumas. Sometimes Solomon Islands’ counterparts. A significant part mifala putim case go lo police but nomoa ia because of the current PPF role involves providing logistical wantok business. If govman sendim RAMSI go back support to the RSIPF. Since August 2011, the PPF has progressively withdrawn from provincial locations. In 122  In areas where PPF police are not located, single PPF police advisers will regularly visit and mentor senior local police officers, in particular, Provincial Police Commanders. 123  In July 2012, the Australian Federal Police announced the formation of a Specialist Response Group to be based in Canberra and capable of responding to emergencies in the region, including Solomon Islands. See “Federal Police Launch New Response Unit, ” Australian Broadcasting Corporation, July 5, 2012, available at http://www.abc.net.au/news/2012-07-05/federal-police-launch-specialist- response-unit/4112902/?site=sydney. 124  This is not purely a PPF/RSIPF phenomenon. For example, the large influx of foreign lawyers working in the Public Solicitor’s Office re- sulted in some citizens wanting to engage what they viewed to be a superior and impartial expatriate lawyer. 56    J4P Research report | AUGUST 2013 bae mifala sori tumas. Mifala needim RAMSI fo stap The substantial level of donor assistance to Solomon lo Solomon.” Islands in recent years has not reached most parts of the country, however, and there have been few [We are too involved in wantok business. Sometimes attempts to engage, directly or indirectly, with we report a case to the police but it doesn’t proceed those nonstate rule systems that remain critical to because of wantok business. If the government sends the management of everyday disputation in most RAMSI back we will be really sorry. We need RAMSI to rural localities. (An exception is the Community stay in Solomon Islands.] Officer pilot project initiated by the RSIPF, which is - Male, Ungelle village, Rendova, Western province discussed in section 5.3 below.) While it is clearly not plausible for donors to lead the process, they have There are also the corrosive effects of high levels not made real concerted efforts to engage with the of dependence on the PPF for logistical and other underlying conflict stresses that fuel rising levels of forms of support among the RSIPF. One senior RSIPF disputation and community dysfunctionality in many officer in Auki, Malaita province, put it bluntly: “No areas. It is evident that the SIG needs assistance in RAMSI. No help.” High levels of dependency are this regard, and the international engagement has also seen as having contributed to a lack of policy so far missed the opportunity to address the need for leadership and support among relevant parts of the adaptive institutions to manage the changing nature SIG and bureaucracy. In this vein, the strong emphasis of grievances that affect the bulk of the population. on restoring policing may have inadvertently served to obscure the need for more fundamental and wide- Women’s involvement reaching institutional reform, including at the local in the state justice system level, in order to better meet Solomon Islands’ future There are few women decision makers in the state justice and policing needs. justice system at present, reflecting the paucity of women at the higher levels of public service and In light of the realignment of RAMSI resources and government more generally.125 There are no women personnel, there are also very real concerns about justices on the Court of Appeal and the High Court,126 the sustainability of many of its achievements to although two out of eight of the current serving date in the policing and justice fields. In particular, magistrates are women, including the Acting Deputy these relate to the fiscal capacity of the SIG to Chief Magistrate. Although local courts essentially do provide adequate support to its police force and not function, records indicate that there are currently justice institutions, as well as the capacity of these no female local court presidents, vice-presidents, or institutions to manage the likely future pattern of justices. (This can be contrasted with the situation in conflict stresses associated with a growing reliance Papua New Guinea, where concerted efforts have on natural resource development as the mainstay resulted in the recent recruitment of more than 700 of the national economy. Questions around the women village court magistrates.) As of May 2013, sustainability of donor interventions, including in the two main public legal offices, the PSO and RAMSI, are not purely a ‘law and justice’ phenomena. the ODPP, there are six and four women lawyers, The same can be said about donor assistance respectively.127 in a variety of areas, including in the health and education sectors, although the scale and method of aid delivery that RAMSI deployed, particularly in the fields of policing and justice, has been without precedent in Solomon Islands. 125  Data provided from the Ministry of Public Service (September 2012) indicates that 38 percent of Solomon Islands’ public servants are women, and 12 percent of senior positions are occupied by women. 126  Only one woman justice has sat on the High Court bench since independence, an expatriate judge funded by the Commonwealth Secretariat. 127  Figures provided by the PSO and the ODPP. This is out of a total staff of 22 lawyers for the PSO (including two trainees) and a staff of 11 prosecutors for the ODPP. The ODPP has a further two women officers who are studying overseas full-time. Justice delivered locally   57 The RSIPF is making efforts to increase the ranks The issue of reporting domestic violence to police of women police officers, and current policy calls has been discussed in section 3.4 above. During the for 30 percent of each intake of new recruits to be tension period in particular, sexual violence, especially women.128 As of April 2012, there were 172 active, rape, was common (see Amnesty International serving women officers, representing roughly 16 2004; Allen 2007; Brown Beu and Nokise 2009). As percent of the force.129 Women also occupy two frequently occurs in conflict settings, sexual violence senior executive positions; as of June 2013, the against women and girls appears to have been used highest position in the RSIPF, that of commissioner, as a deliberate strategy to “provoke or punish an was occupied on an acting basis by a woman (with enemy, assert control over a rural community or the incumbent formerly occupying the position of impress one’s peer group” (Allen 2007, 7). However, Assistant Commissioner of Corporate Services). not a single prosecution has been brought before There was also a woman chief superintendent the courts in relation to these assaults linked to the (Director of Human Resources). Women police conflict, although 20 cases of sexual offenses were officers tend to serve mainly in Honiara and the investigated following a large spike in reported rape provincial capitals (see table 2 above). RSIPF Human cases to police in 2003 and 2004 (following the Resources personnel confirmed these findings, and arrival of RAMSI, see table 3 below).130 indicated that the nature of the work in provincial headquarters and Honiara was “more suited” to Two specific factors were posited to explain the non- women officers. Most marked is the figure for Malaita prosecution of tension-related sexual offenses. First, province, which shows that as at June 2013 only two women feared reprisals from their alleged attackers or women police officers are serving over 25 percent the family of their alleged attackers should they give of the whole Solomon Islands population comprising evidence in court. Second, in relation to Guadalcanal some 68,364 women (Solomon Islands 2009b, 6). complainants, who were particularly targeted on the Weather Coast of southern Guadalcanal, the issues Women in all provinces and field sites visited discussed previously around the inability of woman to made little use of the state justice system, with the openly discuss issues of a sexual nature may explain exception of the Kakabona area (to the immediate an unwillingness to proceed, despite having initially west of Honiara). In this area, a number of women had reported the matter to police. Finally, it could be direct experience with the state system, including in argued that RAMSI’s approach during its initial arrival accessing the police, the PSO, and the courts. One was not conducive to the prosecution of such crimes, likely explanation is the reasonable physical proximity as it mainly concentrated its energy and resources on to these services compared to other communities. targeting specific, higher-level individuals involved in Another is that a number of NGOs are active in the the conflict and on prosecuting homicides, especially area, and many of the women there have a relatively multiple homicides. high level of understanding of their rights compared to women elsewhere in Solomon Islands (the same might also be said of the men). 128  This policy does not appear to be strictly adhered to in relation to individual recruitment rounds. For example, figures for the second recruitment round of 2012 indicate that 12 of the 70 recruits chosen were women (17.14 percent). 129  Figure provided by RSIPF Human Resources and is correct as of April 13, 2012. As discussed, the present police establishment is 1,134, and the current number of active officers is 1,061. This can be contrasted with the situation in 2005, when reportedly there “were about 144 women in a force of 1000 police” (Greener, Fish, and Tekulu 2011, 20). In June 2006, the proportion of female RSIPF members was reportedly 12 percent, in June 2007, it was 13 percent (Winter and Schofield 2007, 7), and in June 2008, it was said to be 13.5 percent (Winter, Schofield, and Duituturaga 2008, 6). By comparison, women presently make up 14.5 percent of the correctional services (prison) establishment (CSSI 2012, 23). 130  Information provided by the RSIPF Sexual Assault and Family Violence Unit, Rove Police Headquarters, Honiara, July 2012. Citing police statistics, it has been documented that “over the 8-9 months to August 2004 [i.e., following the arrival of RAMSI in July 2003] there was a 10 per cent increase in the reporting of sexual assault matters to police” (UNICEF, UNESCAP, and ECPAT 2008, 27). No indication is given of whether the alleged assaults took place during the tension period. The number of domestic violence cases reported to the Honiara- based Family Support Centre also increased dramatically over 2003 and 2004 (see figure 1 above). 58    J4P Research report | AUGUST 2013 Table 3. Number of Recorded Rape Cases in Solomon Islands, 2000–13* Number of Recorded Year Rape Cases 2000 20 2001 35 2002 55 2003 162 2004 170 2005 65 2006 61 2007 39 2008 45 2009 41 2010 34 2011 59 2012 33 ** 4 2013 * Data provided by the RSIPF Crime Statistic and Records Office, Rove, Honiara, August 16, 2012 and April 5, 2013. “Recorded matters” refers to matters on which the police have opened a file following a complaint and have assigned a “running number” to the file. According to the Officer-in-Charge of the Crime Statistics and Records Office, all of the complainants in the rape cases recorded were female. ** Figure current to March 31, 2013. 4.3. THE CHURCH SYSTEM Church, Assembly of God, pagans, and other faiths, The Christian church is the center of village life in particularly evangelical or “charismatic” churches most rural Solomon Islands communities. According (Solomon Islands 2002, 36–39). to the 1999 census, 98 percent of Solomon Islanders described themselves as Christians:131 32.8 percent There is a strong geographical pattern to church were members of the Anglican (Church of Melanesia) membership due to the historical pattern of denomination, 19 percent were Roman Catholics, 17 missionization in Solomon Islands. percent were members of the South Sea Evangelical Church (SSEC, which emerged from the Queensland • Guadalcanal province is predominantly Roman Kanaka Mission), 11.2 percent were Seventh-day Catholic, with some Church of Melanesia Adventists (SDA), 10.3 percent were Methodists (Anglican) and SSEC communities. (United Church), 2.4 percent were members of the Christian Fellowship Church, and 1.8 percent were • People on Isabel province overwhelmingly Jehovah’s Witnesses. The remaining 5 percent were belong to the Church of Melanesia, accounting identified as a mixture of Baha’i, Christian Outreach for 96 percent of the population (White 131  At the time of this writing, the 2009 census figures pertaining to religious affiliation were yet to be released; however, it is not anticipated that there will be much variation from the 1999 census figures, other than an increase in the percentage of the population identifying as belonging to evangelical/charismatic churches. Justice delivered locally   59 2006), although a new, breakaway church was the introduction of new sanctions that in many encountered in one area during the research. instances replaced older forms, such as the use of excommunication in place of execution.132 • Renbel province is predominantly SSEC, but the SDA Church also has a large following. Church-based dispute-management processes are most commonly used to resolve marital and family • The SSEC, Roman Catholic Church, and Church disputes. The research found that common matters in of Melanesia all have large followings on Malaita. which church leaders and committees may be involved include spousal conflict related to marital affairs and • Western province is predominantly United conflict within or between families, for example, in Church, with a small but significant minority relation to premarital pregnancy. On some matters, of the population part of the Christian churches may not directly address the underlying Fellowship Church. dispute or grievance, for example, criminal offenses, but may nevertheless play an important, frequently The church and dispute management ceremonial, role when it comes to reconciliation Most people are affiliated with a church congregation between the parties. However, one exception is that meets in their own village or one nearby. Church Rennell, where almost all communities encountered leadership structures vary across denominations, indicated that the church also has an important role but in general terms, most congregations have to play in bringing parties together to help to resolve a church committee and a number of local church customary land-related disputes. This consensus officials who are elected or otherwise appointed by arose despite the fact that the Renbel population the congregation. These committees and officials predominantly belongs to SSEC and SDA churches, preside over a wide range of village affairs, and often which generally frown on kastom and becoming have a significant role in dispute management within involved in land-related disputes.133 their villages. Christianity has influenced local justice systems and everyday social regulation in a variety of highly complex and variable ways: • Christianity influences the rules that regulate social behavior; • the churches and church organizations provide a range of leadership structures and authority roles within communities; • church organizations provide arenas in which members can discuss and possibly mediate and/ or resolve social conflict and grievances; and SSEC Church, Manakwai village, north Malaita, Malaita province. • church organizations may establish and enforce new sanctions for breaches of social norms. For example, Christianity has been associated with 132  Some scholars suggest that Christian missionaries may have introduced the idea of mediation to some parts of Solomon Islands and ef- fectively replaced blood feuding (Tippett 1967). The situation concerning Renbel province confirms this to some extent, as blood feuding virtually ended overnight upon the mass conversion to Christianity in 1938. 133  Other researchers have discussed the role of churches in land-related disputes, indicating that “[a]ddressing disputes over land has become a big part in the work of church leaders and groups”. See Bird 2007,11. 60    J4P Research report | AUGUST 2013 Church-based processes generally emphasize All mainstream churches in Solomon Islands have counseling and mediation and often involve a high detailed written rules or guidelines that members level of privacy (see box 13). Disputes or problems agree to follow (see box 11), though it is not clear will most commonly be addressed through mutual the extent to which these rules are enforced. In prayer, a response that may not appear to an outsider theory at least, some of these rules can have a direct as a form of dispute management or resolution. bearing on the manner in which church members One researcher has observed that across Solomon handle certain types of disagreements and disputes Islands, “[p]eacemaking through prayer may be between themselves and other Christians. In some both the most foundational and the most prevalent instances, these rules/guidelines prohibit the use of form of conflict mediation” (McDougall and Kere civil litigation between church members. Local-level 2011, 150). Some research participants, however, church leaders are required to follow the protocols were critical of the strong emphasis on prayer and set out in the manuals/constitutions and ensure that forgiveness, and the fact that churches will often they are followed and applied to their members. not become intricately involved in adjudicating However, in relation to matters that are not and determining the right and wrong of the matter. detailed in these various church rules (for example, Recourse may also be found from a combination of disagreements between spouses or minor disputes counseling, group Bible readings, confessions, and between church members), church leaders generally announcements of forgiveness. Both the church and have leeway to approach the issue as they see fit and kastom system share a strong restorative dimension will typically adopt the processes discussed above. involving forgiveness and reconciliation. Box 11. Samples from Church Manuals The South Seas Evangelical Church Administration Manual (2011) includes the following prohibitions: • No SSEC Christian should take another Christian for civil cases before the law courts. Christians are to solve their problems among themselves with God’s help. (1 Cor 6); • No SSEC Christian should demand or receive compensation from any person for any evil done to him or her because of the work of Christ on the cross (1 John 1:9, Philippians 4:13); • No SSEC Christian should initiate and involve in wrong land disputes because of the Christian teaching of stewardship; • No SSEC Christian should chew betel nut, smoke tobacco, smoke marijuana, drink alcohol or be involved in gambling. Local church elders hear the matter and sanction wrongdoers with either a warning that he or she must “put right what has been wrong” or with exclusion from church activities for one–two months. Provision is made via an appeal process for a further and final hearing before a higher body. The Seventh-day Adventist Church Manual (2010) applies to all SDA members worldwide. It contains a chapter with a number of reasons why members shall be subject to “discipline,” including: • Violation of the law of God, such as worship of idols, murder, stealing, profanity, gambling, Sabbath breaking, and willful and habitual falsehood; • Sexual abuse of children, youth, and vulnerable adults, fornication, promiscuity, incest, homosexual practice, the production, use, or distribution of pornography, and other sexual perversions; Justice delivered locally   61 • Physical violence, including violence within the family; • The use, manufacture, or sale of alcoholic beverages; • The use, manufacture, or sale of tobacco in any of its forms for human consumption; • The use or manufacture of illicit drugs or the misuse of, or trafficking in, narcotics or other drugs. Civil litigation and adversarial proceedings are discouraged: “[w]hile there are, in the modern world, occasions for seeking decrees of civil courts, Christians should prefer settlement within the authority of the Church…” (SDA 2010, 60). Two possible sanctions are a vote of censure or a vote of removal from church membership. An appeal mechanism is a feature of the SDA disciplinary process. The Constitution of the United Church of Solomon Islands lists as misconduct requiring discipline: sexual immorality; drunkenness and public nuisance; abuse of spouse and children; causing bodily harm to another person or malicious damage to another person’s property; or a breach of any criminal offense under the laws of Solomon Islands. The pastor or minister records the responses of the alleged wrongdoer and makes a recommendation to a higher church body. Disciplinary measures may include: pastoral counseling, reprimand and warnings, and pastoral “rest” for a period of 3–12 months from “non-salaried church commitments and duties.” A detailed appeal mechanism is in place for those aggrieved with the decision handed down. Difficulties arise when parties to a dispute or an during the research. Often such rivalries will center exchange are from different denominations with on which church is the most “righteous” or who are different rules and procedures. For example, Church the “true believers.” This is not a new phenomenon. of Melanesia and Catholic Church adherents may During the colonial period, a district officer reported require bride price before allowing a girl to marry, that “the bitter rivalry and competition between or may expect compensation in order to resolve a missions are the direct and indirect cause of at least dispute. The SDA and SSEC churches generally ban fifty percent of the troubles and squabbles which or restrict bride price and compensation payments. the district officer is called upon to settle” (Barley, Where SSEC or SDA members comply with these quoted in Boutilier 1983, 66). Intra-church rivalries expectations, their own church authorities may also occur, as demonstrated in box 12. sanction them for doing so. More broadly, adherents of different denominations are less likely to listen Significantly, it was observed during the research that to leaders or members of other churches, let alone the communities with the highest degree of conflict follow church processes or instructions. This has also had very fragmented church membership. More been raised in the context of the tension, when the specifically, the greatest level of conflict and discord militants’ inability to “listen” to leaders of different encountered throughout all of the research was denominations frustrated efforts by the Church of in a community in west ‘Are‘are, Malaita province, Melanesia to “calm” the fighting militants (Brown Beu which was comprised of members of five different and Nokise 2009, 37). Church rivalries are another denominations. source of conflict that was raised intermittently 62    J4P Research report | AUGUST 2013 Box 12. Division within the Christian Fellowship Church (CFC), Western Province The CFC was founded in 1960 as a breakaway movement from the Methodist Mission. The CFC has been said to combine “Methodist doctrines with ancestor worship, traditional chiefly hierarchy, modern corporate business ventures and agendas of rural development…” (Hviding 2011, 52). The CFC has been viewed by outsiders and many Solomon Islanders of other denominations as a cult. Based on the core values and principles under which it was founded, the CFC has instituted land reforms that involve pooling the land resources of tribes (butubutu) under a common holding of the church. This has allowed the CFC to invest in a wide variety of initiatives, including coconut, palm oil, copra, and forest plantations. Income from these investments, particularly forestry, has enabled the CFC to provide education, health, and other basic services to its members. Accordingly, CFC communities have effectively become self-reliant and the church has emerged as an organization with strong political and economic influence, not only in Western province, but also at the national level. In the second half of 2011, disagreement emerged among the CFC leadership that has resulted in ongoing, and in some instances, violent conflict. This has a profound effect on CFC communities. Based on field interviews in CFC villages and transcripts of interviews with CFC leaders, the driver of the conflict is reportedly a push by a son of the church’s founder (the current member of parliament for North New Georgia constituency) to reform or “revive” the church. This idea is said to be strongly opposed by the “middle management” of the CFC. This has divided most CFC communities into two groups, pro- and anti-reform, the former being locally referred to as “group B” and the latter as “group A.” This division manifests in a number of ways. In Madou village on the Vonavona Lagoon of North New Georgia, 19 pro-reform families were forcefully removed from their community in May 2012; accompanying the expulsion was the burning of several houses. During a visit to the Munda market in July 2012, it was observed that vendors belonging to the two groups sat opposite one another and did not interact. During interviews with anti-reform CFC members in various CFC communities, it was made clear that pro-reform members would not be allowed to access various shared services, such as schools and clinics. Women and the church Women exhibit a strong preference for using church- In Solomon Islands, as in other parts of Melanesia, based processes to manage conflict. In part, this Christian doctrines and church women’s groups play may reflect the greater range of formal leadership an important role in structuring the opportunities opportunities offered to women in the church available to women, particularly in relation to training, compared to the kastom system. For example, when leadership, and networking. While there are few undertaking research on community officers in west women clergy in Solomon Islands, church women’s Kwaio, Malaita province, respondents repeatedly groups, such as the Mothers Union of the Church mentioned that women’s leadership roles within of Melanesia, Catholic Mothers, the Dorcas Society church structures had proven to the community the of the SDA, the Women’s Fellowship of the United benefits of including women in positions of power. Church, the Women’s Association of the SSEC, and It was apparent that these experiences created the Women’s Ministry of the Assemblies of God a “space” for women to take on roles that were Church, are highly visible and provide significant traditionally in the male domain. It has also been avenues and roles for women in leadership, decision suggested that under the banner of church women’s making, and dispute management. Generally, women groups, women in Solomon Islands have been who play an important role in dispute management able to experience a “socially-sanctioned release within their communities are leaders of the local or from their daily obligations,” whereby it is “difficult regional church women’s group. for men to prevent women from attending... as Justice delivered locally   63 they (churches) are strongly respected in Solomon the man’s role as head of the family unit and the Islands” (Scheyvens 2003, 30). During the research, sanctity of marriage, may have negative outcomes for women advanced further pragmatic reasons why women.134  For example, women in Manakwai village church-based processes are favored when it comes in north Malaita asserted that “good Christians” to managing disputation: a preference to utilize cannot speak out against abusive husbands. One church services for “family matters” and “private woman explained, “if our husbands beat us we know matters” owing to the privacy afforded; a belief we need to become better wives, so we come back, that the church system is cheaper and quicker and pray with our husbands for forgiveness and it involves the exchange of fewer material goods in is finished” (Dinnen and Haley 2012, 18). Still, reconciliation ceremonies; and a greater respect for there are a number of instances in which church the church accompanied with a belief that if church groups acted to support women against domestic teachings and directions are not followed, “bad violence. For example, in addition to the work of things” will invariably follow. the Anglican Sisters of the Church of Melanesia and the Christian Care Centre in providing shelter and However, although the church has had an impact services for women victims, there are the activities of on creating a platform for women’s involvement the Mothers’ Union, which include counseling (see in community governance, the emphasis of some Scheyvens 2003, 36), and the SDA church conducts churches on forgiveness and reconciliation in cases an annual “violence and abuse” awareness week in of domestic violence, and teachings that reinforce Solomon Islands every August. Members of the United Church Women’s Fellowship, Rukutu village, Marovo, Western Province, 2008. Image courtesy of Dr Rebecca Monson, the Australian National University. 134  The negative impacts of colonization and missionization in Solomon Islands on traditional women’s agency and gender relations is discussed in Scheyvens (2003, 25). 64    J4P Research report | AUGUST 2013 Box 13. Marital Counseling by the Mothers Union, Isabel Province A married woman in Isabel province discovered that her husband had an “O2,” with whom he had had a baby. The woman’s uncle encouraged her not to make the problem “too big,” but subsequently, the man had another affair and the couple fought on a regular basis. Upon learning of the couple’s problems, the leader of the local Mother’s Union group requested that the woman visit her. The woman explained that she had caught her husband at the other woman’s house and had sworn at and hit the woman. She wanted to separate from her husband, as they continued to argue all the time. The leader of the Mother’s Union told the woman that, ...the only way to resolve this is to show love. Not just with your body. Call him with a soft voice, hug him, slowly he will realize he is wrong. But if you are cross, if you swear, the problem won’t be solved. So from now until next week, try this, and look at the outcome. According to the leader of the Mother’s Union, the wife followed the instructions and found that she and her husband argued less. She also said that her husband admitted all that he had done, and apologized. The leader of the Mother’s Union advised the wife to take the man’s mobile phone from him so that he could not remain in contact with the other woman. According to the leader, the couple has reunited and is now happy together. The leader also met with the husband, and they discussed a number of issues, including his alcohol consumption. She counseled him in relation to trust, and explained that because of their history, his wife struggles to trust him. She advised him to stop drinking, and work hard to regain his wife’s trust. 4.4. CONFIGURATIONS, VARIATIONS, AND INTERACTIONS AMONG THE THREE SYSTEMS retribution or punishment are in many instances Just as particular manifestations of the state, kastom, valued as appropriate responses to certain kinds and church systems vary from place to place, so does of wrongdoing, and kastom and state processes the nature of the interactions and configurations are seen as complementary. For example, groups between the three systems. Frequently the resolution interviewed in north Malaita frequently criticized of a dispute will simultaneously invoke appeals to the state justice system for what they perceived kastom, church, and state rules, doctrines, or processes as weak punishments for kwaso producers. This as a means of reaching a satisfactory outcome. Based criticism was met with an accompanying desire on observations during the research, a number of for the state to imprison or heavily fine kwaso general findings characterize these interactions: producers as a means of deterrence and to set an example for would-be offenders. • Kastom and church-based dispute resolution are, in general terms, seen as intertwined and • While both Solomon Islanders and outsiders mutually supportive, with common underlying sometimes juxtapose kastom and Christianity, goals and values: the restoration of group in practice they are interwoven in a variety relationships and community cohesion at the of ways. For example, references to Biblical local level. By contrast, the state justice system is stories and characters and Christian doctrine often seen as a distinct, parallel system focused are regularly mixed with oral histories, and on individual retribution and punishment. This church organizations often act as forums in is not to essentialize nonstate approaches, as which disputes can be resolved. In addition, Justice delivered locally   65 almost all forms of dispute management will • Nonetheless, the relationship between kastom incorporate prayer, church leaders and chiefs and the church varies considerably from often act together in confronting wrongdoers province to province. For example, in Western and in responding to problems (see box 14), province, the church appears to be the foremost and church leaders often play a prominent role institution involved in dispute management, in forms of dispute resolution that are seen as facilitating reconciliation and forgiveness and based in kastom rather than the church. Such even kastom compensation.135 The situation interconnectivity is perhaps not surprising, as in in Malaita province is markedly different, many areas of Solomon Islands, there has been however. Although it is true that the mainstream a history of male leaders responsible for ritual churches play a key role in village organization, affairs. In Malaita, for example, “church chiefs” governance, and dispute redress, they have were encountered, and it is common for chiefs more of a support role in dispute management also to be church leaders—as it is common that often brings them into conflict with other for church leaders or chiefs to be members of forms of authority, especially the “traditional” local courts. authority of chiefs. Typically, the church plays a secondary role to the kastom form of dispute management, with parties coming together Box 14. Adultery Case after the payment of compensation for further in Buala, Isabel Province reconciliation through prayer. A recently married couple visited the Church of • Another factor in the relationship between Melanesia priest in Buala village, Isabel kastom and the church is that of denomination. province, concerning a marital problem: the Church and kastom forms of dispute resolution are much better integrated in the Anglican and husband had been having an affair. According Catholic communities, for example; in the SSEC to the priest, the couple chose to use the and SDA communities, by contrast, there are church as a means of resolving their problem long-standing tensions and animosities between because they wanted the matter to be dealt the church and kastom forms of authority. This with in a private manner. Generally, kastom creates difficulties when disputes arise between chiefs’ hearings are public events. Similarly, SSEC or SDA followers and followers of other once a matter is reported to police it quickly Christian churches or non-Christians. becomes public knowledge. A complicating feature of the case was that the husband had • The state system is regarded as “introduced” or foreign (often referred to as “white man’s law”), had an affair with a married woman. The priest whereas kastom and the church, despite also advised the young couple to pray together for incorporating many introduced features, are seen forgiveness; he then referred the kastom as representing a more indigenous approach settlement (involving compensation) to village to dispute management. Chiefs at Ngalitoo on chiefs with a specific request that the chiefs the Weather Coast of Guadalcanal province keep the matter private. On this basis, the evocatively captured the feelings expressed by husband paid compensation to the spouse of many when they explained, “law hem wanfala the woman with whom he was having an affair. written process, kastom hem no written process, hem stap inside lo mind blo mifala, hemi stap The woman involved also paid compensation inside lo blood blo mifala.” [The law is a written to the man’s wife. Accordingly, the matter was process, kastom is not written, it is inside our said to have been settled using complementary mind, it is inside our blood.] Despite the fact that church and kastom procedures. 135  The observations recorded here in relation to churches in Western province are confined to the SDA and United Church communities, not the CFC. Further, it is acknowledged that church leaders may also be chiefs or from chiefly families, so that resolution by church leaders may, in some instances, be resolution by chiefs. 66    J4P Research report | AUGUST 2013 the current incarnation of the kastom system in many respects emerged in connection with the Box 15. Fighting between Two Brothers state system, the contemporary state justice in Kia Village, Isabel Province system is not, as of yet, regarded as belonging to the people or necessarily delivering services An individual was drinking alcohol late into for the benefit of all. Rather, the current state system is seen as another structure to which the night, disturbing the community. His elder citizens appeal when convenient. Equally, it is a brother asked him to refrain from making system which they resist and undermine when noise. An argument ensued, leading to a it is in their interests to do so. Nevertheless, physical altercation in which the elder brother there is a widespread perception that kastom/ was injured. He reported the case to the church and state justice systems can, and police officer located at Kia the next morning. should, complement one another. The nostalgia The officer conducted an investigation and for the local justice architecture of the colonial concluded that the problem was a family one period is an example—in the minds of those interviewed—of how such a complementary and was best resolved through kastom. The relationship can work. complainant agreed and the officer referred the matter to a village chief. The village chief • The state system is heavily reliant on the conducted a short hearing and ordered the kastom system when it comes to resolving or offender to pay the appropriate compensation managing disputes at the local level. Police may rate to the elder brother. The younger brother refer reported cases to chiefs to be dealt with paid the compensation and the matter was in totality, including breaches of state penal considered settled. legislation (see boxes 15 and 17). Police will also approach chiefs and community leaders to help identify and apprehend alleged offenders. However, just as community actors can facili- tate these processes, they can equally frustrate state action. For example, the fieldwork revealed “Generally, it depends on the nature of the problem. instances of chiefs and community members Moral issues go lo church. Land hem go lo chief. actively protecting individuals wanted by the Family problem, family nao hem deal wetem, bifo police. Many of those interviewed, especially hem go lo chief. Hem go lo chief if family no save chiefs, were quick to point out what they viewed deal wetem.” as an imbalance in the relationship between state [Moral issues go to the church. Land goes to the and kastom; while the latter was willing to assist chief. Family problems are dealt with by the family, the former, this was not viewed as reciprocal. On numerous occasions respondents said that before it goes to the chief. It goes to the chief if the chiefly appeals to the police for assistance more family is not able to deal with it.] often than not went unanswered. - Woman participant, Kia village, Isabel province • Though there is a degree of jurisdictional overlap As several of the case examples demonstrate, often and most cases will be subject to multiple the best chance of resolution, mediation, or recon- interventions, in general the three systems are ciliation is achieved when the various systems work in often seen as having “core” areas of operation. a manner that is complementary and reinforcing (see One interview subject shared a view that others box 16). corroborated throughout the research: Justice delivered locally   67 Box 16. Theft of an Outboard Motor in Kolombangara, Western Province In June 2011, a yacht mastered by visiting expatriates moored outside Hunda village on Kolombungara Island in Western province. When the owners of the yacht were absent, thieves broke in and stole an outboard motor engine. The yacht owner reported the matter to police located at Gizo and Ringgi. A team of police investigators traveled to Hunda village, and in an effort to identify those responsible for the theft, the police solicited the help of community leaders, who tasked the community youth leader with finding the thieves. The youth leader worked through his network in the area to identify the perpetrators. The community leaders and the youth leader then contacted police in Gizo and informed them of the identity of the alleged thieves, who were arrested when the Gizo Police traveled to the Dughore area. 68    J4P Research report | AUGUST 2013 5. Contemporary Innovations While local systems remain the dominant and “Today it is hard to respect chiefs. We are educated and preferred system for managing everyday disputes, have rights. The chiefs don’t meet our expectations. the research makes clear that the kastom and church I’m not sure how to strengthen chiefs. They can’t work systems are simply incapable, on their own, of dealing today. I don’t think this generation will respect chiefs effectively with certain newer forms of disputation so we must go to the system of the white man.” and conflict. This is particularly so in the face of a gradual retraction of state justice and policing - Male youth, Tingoa, Rennell Island, Renbel province services and the consequent “decoupling” of these services from local systems. Two further interlinked It is against this background that repeated calls were challenges are relevant here: the erosion of social heard for the provision of external assistance to local cohesion and a declining respect for local leaders. systems, particularly to chiefs, in order to strengthen To counter these more negative developments, a their capacity and ability to enforce decisions. number of provincial and local-level innovations Specifically, interlocutors called for: described in this section are provided as examples of resilience and experimentation in community • greater legal recognition of kastom regulation governance practices from which policy makers can potentially learn valuable lessons. • more training and awareness work among chiefs Chiefs, elders, and church leaders may have deep • the establishment of a code of conduct for chiefs knowledge of local context, but it is often their very embeddedness in local networks that can also • support from the police and state courts in contribute to and accentuate problems when they backing the resolutions of local systems. themselves are a source of, or a contributor to, disputes and grievances. Social cohesion is a critical However, perhaps the most common appeal heard factor in enabling the enforceability of decisions from chiefs and others was that they be paid by the issuing from the local kastom system. Successful state for their services. This was often framed in terms enforcement depends in large part on the parties’ of the extent to which community service diverted acceptance of the resolution and communal pressure them from livelihood activities. Some of those to comply. Increasing levels of social fragmentation interviewed pointed out that chiefs were carrying out undermine this acceptance and the effectiveness of a role similar to, or more demanding than, police, social pressure, thereby leading to an accumulation and that they should be paid at a commensurate of unresolved matters and ultimately, to the erosion level. (In a similar vein, a senior police officer in of the legitimacy of these systems and their agents. Auki, Malaita province, stated that many community Community members recounted several examples members, including chiefs, would request to be paid where chiefly pronouncements were ignored with for the provision of information that would assist impunity. A common expression heard was that police in their investigations.) chiefs “lack teeth to bite,” meaning that they have no power to enforce their directions. In these cases, Yet, while contemporary patterns of social and there is an expectation that the state will respond economic change have impacted adversely on the to “newer” types of social problems, leading to capabilities of each of the three systems to manage increased frustration when it invariably fails to do so. contestation, in some cases, communities have developed their own innovative coping strategies. These strategies often entail attempts to forge more Justice delivered locally   69 effective linkages between systems and, in particular, that being driven by government and donors in between kastom and state justice systems. Such Honiara, but state-building nevertheless (Hviding initiatives provide insight into how policy makers 2011). According to Hviding, the CFC “demonstrates can devise reforms whose strong local foundations more general patterns in the Melanesian capacity for would give them a greater prospect of success than building large-scale projects in ways that are founded those whose principal drivers are external. in local social relationships but that may reach far beyond the local – and that in the process may well The capacity for innovation, adaptation, and also encapsulate aspects of external capitalist forces, reconfiguration among community governance and challenge, converge with and re-position the systems is not a new phenomenon in Solomon state” (2011, 81). Islands. Recent history demonstrates how these local systems have been able to absorb outside influences, On a less grand scale, there are many other examples adapt to change and each other, and in the process, of resilience, experimentation, and innovation in become increasingly hybridized. A number of social community governance practices in different parts movements have emerged in different areas over of the country. A desire to actively participate in time that illustrate this inherent resilience. These their own governance is evident in most Solomon have generally sought to assert local autonomy Islands communities, despite the growing stresses and self-regulation, usually in opposition or as an associated with socioeconomic change. Community alternative to the social ordering administered by members often expressed this in terms of a desire to colonial or postcolonial governments. Movements “take control” of their own problems and be involved such as the Maasina Rule in Malaita province, the in their amelioration. These popular sentiments Moro Movement in Guadalcanal province, and the draw on deep historical traditions of autonomy Christian Fellowship Church (CFC) in parts of Western and self-regulation in Melanesian societies. Their province (see box 12) have involved an imaginative contemporary manifestation includes the various blending of kastom beliefs and practices with initiatives aimed at retaining a high degree of elements of Christian doctrine as the basis of distinct autonomy over the form and workings of community local systems of governance. While it has been the governance, including attempts to innovate and millenarian aspects of some of these movements that reinvigorate local structures and mechanisms. At have attracted most outside attention, in another first glance, this wish to retain local control appears sense they can be viewed as bold experiments in to be inconsistent with another sentiment that reconfiguring community governance and initiating was expressed in many localities, namely the call processes of locally driven development. The extent for greater engagement with the state system. to which these movements reproduce or mimic state The latter response often draws on nostalgia for forms and continue to interact with state and other former times when government was perceived to external authorities has often been overlooked in the have a more continuous and effective presence focus on their more parochial and exotic qualities. in rural areas, with linkages between centralized administration in Honiara and rural communities, In the case of the CFC this has also included as well as between state and local kastom systems. the provision of subsidies to members to pay However, rather than being mutually exclusive, government school fees and taxes, as well as the these simultaneous demands for local autonomy movement’s direct engagement with the global and greater engagement with the state are, in fact, economy primarily through commercial logging. quite compatible, as they indicate a strong desire for While the CFC appears to undertake many of the more effective articulation between local and state functions more usually associated with statehood systems that enhance the capabilities of both. and may indeed have been an alternative state for its members when the formal government system Examined below are three examples of initiatives that was incapacitated during the tension, it more usually provide evidence of local innovation and resilience works with and through the state. In the view of one combined with demands for greater engagement scholar, the CFC represents a way of reconfiguring with the state. These are (i) community-based efforts authority and organizing the state in a manner to establish new forms of governance institutions that more closely aligns with local social forms and (or reinvigorate previous forms), (ii) provincial-level priorities—an alternative form of state-building to governance initiatives, and finally, (iii) the Community Officer project that the RSIPF trialed recently. 70    J4P Research report | AUGUST 2013 5.1. COMMUNITY-LEVEL structures are, in fact, required by NGOs/donors GOVERNANCE INITIATIVES seeking to implement local-level “projects.” Several Rural communities across Solomon Islands have people interviewed also emphasized the importance been experimenting with a range of organized of these structures in enabling the community to governance structures. The most common of communicate with provincial and national members these configurations are variously described as of parliament with a unified voice.137 “village committees,” “village councils,” “village associations,” or “advocacy committees,” and they Another type of village committee is less formalized exhibit varying degrees of formalization. At the and more internally focused. These were found highest level of organization are local associations across all of Isabel province (where they were established and guided by elaborate written generally referred to as village committees) and constitutions that outline, among other points, issues were common in Western, Guadalcanal, and Malaita pertaining to organizational make-up, function, and provinces, though they were not encountered in regulation. These associations are often envisaged Renbel province. This type of organization appears as catalysts for development through their potential to be a legacy of the old area council system of for mobilizing local resources and attracting external local government and also shares similarities with assistance. The mimicry of state forms that is often contemporary church-based governance systems. entailed in this kind of experimentation alludes to These committees play a significant role in people’s local hopes that the desired engagement with state daily affairs in the village, and typically draw their or other external actors is more likely to eventuate membership from tribal chiefs and appointed if local systems are reconfigured in a manner that renders them more legible to these actors and more compatible with external systems of administration. This is an interesting variation of James C. Scott’s notion of “seeing like a state,” and in these cases involves local actors reconfiguring their own systems in order to make them more visible to, and thereby more open to engagement by, external actors who “see like a state” (Scott 1998). For example, in an effort to gain state recognition, those more formalized local committees and associations will typically register as charitable trusts with the Registrar of Companies in Honiara.136 The formation of these formalized entities is often guided by educated community members (including the Honiara-based diaspora and retired public servants), lawyers, or local NGOs using precedents from elsewhere. These efforts appear to take place primarily to pursue “external” linkages and prospective material support. Community leaders believe that in order to access donor-, NGO-, and government-funded projects, they require a high level of organizational formality, which will reflect A graphical depiction of Dala north Village Council, favorably on them with prospective funders. In a Malaita province, July 2011. number of instances, these kinds of organizational 136  This is done pursuant to the Charitable Trusts Act [Cap 55] and provides for the groups to be incorporated. 137  A review of a number of community associations registered as charitable trusts with the Office of Register of Companies in Honiara and discussions with the Registrar of Companies confirmed that the primary motivation behind the formation of these trusts is to gain some type of formal recognition by the state and to serve as a channel for communities to access donor and government funding. At a more prosaic level, the formation of charitable trusts is also said to assist in setting up bank accounts. Justice delivered locally   71 chiefs, as well as from various sectoral committees were most prolific in those communities that were such as the Church, Education, Youth, and Health also seeking to have their various local committees Committees. Women often play a prominent role in registered as charitable trusts. Such laws, which have the Church Committee in particular. The role of these no formal legal status within the state justice system, village groups varies according to local circumstances are in part a response to the absence of effective and priorities. Often they seek to guide village- state regulation at local levels. With the suspension based development, coordinate various communal of area councils in 1998, the extensive village bylaws activities, and provide a unified voice for the administered at this level of government were made community. The community does this by formulating obsolete. These new informal laws tend to mimic plans for community development and overseeing the state criminal laws. They are often written down their implementation. For example, in Isabel and displayed prominently in community halls or province, certain days are set aside for community churches or on community notice boards. Prohibited work, which the village committee coordinates. behavior is listed, and there is usually a provision The committee may also play a significant role in for sanctions in the form of fines that can be paid everyday dispute management. Again in Isabel, it is in cash or with traditional currency. Saeghera village one of the key forums to which an aggrieved party on Ghizo island, Western province, provides a may refer a problem that they are unable to resolve typical example. Saeghera’s written laws (previously themselves or between families. displayed in the church before someone removed them) included prohibitions on the consumption of With the exception of Renbel province, another alcohol, marijuana, and kwaso, as well as a stipulation widespread community governance initiative is that there should be no stealing and gossiping, and the elaboration of informal community rules, laws, that women should not wear trousers. Breaches were bylaws, and ordinances. These were encountered to result in a SBD$50 fine or an equivalent payment in the more structured communities visited and of bakia (shell money). Notice of prohibited activities, Tutuva Village, Northeast Plains, Guadalcanal province, September 2010. 72    J4P Research report | AUGUST 2013 to omission or commission on the part of the state system, the practical effects are likely to include considerable frustration among local leaders who expect such local initiatives to be welcomed and supported by government authorities. For example, leaders in Saeghera had become increasingly concerned about the number of uninvited “visitors” driving to the village from Gizo town, particularly on weekends, in order to find a quiet spot to consume alcohol. Among other things, community leaders were concerned about the safety of their children as a result of the presence of intoxicated drivers. In response, they posted a notice on a bridge leading into the village explaining that unauthorized visitors were unwelcome and that alcohol consumption was prohibited. However, police from Gizo, who, according to some locals, were regular unauthorized “visitors,” forcibly removed the notice, saying it was illegal. There appears to be little consistency in the Public notice detailing village prohibitions at Komuvaolu Village, Weather Coast, Guadalcanal province. approach adopted by agencies such as the police Image courtesy of David Jones, Australian Federal Police. in relation to these local attempts to strengthen community regulation. In contrast to the Saeghera experience, for example, a senior officer in Auki in Malaita province stated that police were willing to Strong powers of enforcement (in theory, if not assist with the enforcement of community rules and always in practice) are associated with state justice in fact, encouraged the drafting of such rules.138 and the police in particular. By imitating the form and, in some cases, the substance of state law, local Set against the progressive weakening of kastom leaders are hoping that external support might be systems in many areas, a connection with the forthcoming to assist in their enforcement. At Chea state system, however tenuous, was viewed by in Western province, a participant in the leaders many interviewed as likely to induce a higher level focus group reflected this sentiment: of deterrence, and even fear, among potential troublemakers. Some older people linked this quality “Big ting ting blo mifala, by-laws ia bae govman to the perceived strictness of the administration baekem, givim penalties lo olgeta wea breakem… of state justice in earlier times. In the context of a we expected the police to carry out enforcement wider discussion about the decline of the village but nomoa.” organizer system from the 1980s, one participant in the leaders’ group discussion at Vakombo, Western [A strong thought that we had is that the state will province stated: back [our] by-laws and will give penalties to those who break them... we expect the police to carry out “We need the sting of the law to make people enforcement but this has not happened.] fright letelbet.” - Leader, Chea village, Western province [We need the sting of the law to make people a little frightened.] The impact and effectiveness of local laws can be seriously undermined by the failure of state actors - Leader, Vakombo village, Western province to carry out their enforcement roles. Whether due 138  It was not discerned in practice whether police were actually assisting with the enforcement of such rules. Justice delivered locally   73 There appears to be a “shadow of the law” dynamic Isabel province at work here. Linking mechanisms between different The best known example of governance innovation rule systems, such as through a village organizer or at the provincial level is Isabel’s distinctive “Tripod” a community officer, creates the possibility, however system, which has developed organically over time remote, of state enforcement. This can thereby with little, if any, external input. This homegrown act as a disincentive/deterrent in a classic “crime system has three legs, namely kastom, government, and punishment” sense. Similar sentiments were and church. At its apex is the Isabel Council of expressed during an evaluation of the Community Chiefs, which brings together the Paramount Chief Officer project (see below), where some people felt of Isabel representing kastom, the Provincial Premier community members became more self-regulating representing the government, and the Bishop of the after community officers were appointed. Whereas Church of Melanesia representing the church and the previously the prospect of police intervention was Isabel Diocesan Council. remote in the extreme and thus of little deterrent value, there was now at least a chance of police According to the terms of a 2004 iteration of a action at some future time. Although this possibility is memorandum of understanding in relation to the unlikely to be sufficient to deter serious wrongdoers, Tripod, the Premier, Paramount Chief, and Bishop it may, nonetheless, deter illegal or antisocial meet from time to time or when the need arises. behavior on the part of less-committed individuals. This is referred to as a “Tripod Meeting.” A “Tripod Conference,” consisting of the Isabel Provincial 5.2. PROVINCIAL-LEVEL Executive, the ICC, and the Isabel Diocesan Council, GOVERNANCE INITIATIVES should also occur every two years. Deliberations about strengthening community governance systems and integrating them into Although the realization of the Tripod remains largely larger administrative systems are also being held in aspirational, the idea appears to enjoy wide support a number of provinces. The wider ongoing debate among local and provincial government leaders. about constitutional reform and state organization in The Isabel model seeks to recognize and build on Solomon Islands tends to influence these discussions, the three main sources of authority and legitimacy as well as growing pressure from rural communities in the province, with the aim of building them to improve service delivery and enhance local into an encompassing framework of governance development opportunities. Much of the following covering the entire island. A tiered set of structures discussion focuses on the legislative development has been established to administer the system. of various hybridized governance forms, involving At the most local level are the village committees, attempts to develop systems of administration that which include broad representation of chiefs, women, include roles for kastom and church actors, as well as and youth, as well as sectoral interests such as government officials. With the exception of activities health and education. Following older administrative in Isabel and Choiseul provinces, these initiatives classifications, there are also ward houses of chiefs and are yet to manifest in any real form and exist largely above them, district houses of chiefs. The highest level on paper. In many instances, impediments to imple- mechanism is the ICC. The provincial administration mentation include questions around the legality of has provided some financial support to these the proposals and the scale of resources involved in mechanisms, as senior provincial officials are keen establishing the various structures required. Further, to involve chiefs in provincial planning activities and none of the initiatives described are linked with any support their traditional role in maintaining order at overarching national approach; in fact, the initiatives village levels. are being undertaken in a context in which state organization at the subnational level is in a state of Although the chiefly system appears stronger in Isabel flux. As discussed, central-level reform efforts focus than in other provinces, there are similar concerns on strengthening the constituency as the level of to those found elsewhere with regard to its actual government with responsibility for service delivery and potential role. These include the fact that chiefs at the local level. Provincial governments have fared are predominantly senior men and that there are badly as a result of this reorganization and remain regular complaints about the inappropriate behavior chronically underfunded. of some chiefs and their involvement in divisive and predatory activities; there is also increasing 74    J4P Research report | AUGUST 2013 competition and uncertainty surrounding claims to village and elders’ committees, and ward councils chiefly status. Considerable variation exists in the of chiefs. Under the ordinance, chiefs will have the different kinds of chiefs and the manner in which ability to enact community bylaws or rules over they acquire their status, including both hereditary defined matters (similar to those once overseen by and appointed chiefs. Against this backdrop, one area councils) and must “maintain law and order and of the most promising developments in Isabel is the good village community government.” A feature healthy debate going on about the institution of of the ordinance is the incorporation of village chiefs, including their role, who should be appointed community governance structures as charitable to these positions, and how the appointment process trusts, and the requirement that communities should be carried out; this debate also includes establish a “village development plan” to “guide active consideration of the appointment of women the development aspiration of the people and the and youth leaders as chiefs. Local advocates of the village community.” interests of women and young people, including the powerful Isabel Mothers’ Union, are playing a An official in the revitalized framework envisaged leading part in this debate. in Western province is the village organizer (see discussion above). Under the new ordinance, the Likewise, the role of the provincial administration village organizer is intended to serve as a link in developing the Tripod system appears to be between the provincial government (and other contributing to a rethinking of the institution of external agencies) and the community, and work chiefs, which is opening up space for, among closely with the local kastom system, including in other things, consideration of a more inclusive helping to settle minor disputes. Village organizers and meritocratic process of appointment. While are unique to Western province. Previously they there is a real risk that this process might serve to were employed under the now defunct area council reinforce the powers of male leaders, this is not level of government. Since the suspension of area an inevitable outcome. It is an ongoing process of councils in 1998, one of the main roles of village reconfiguration whose parameters continue to be organizers has been the collection of provincial worked out and whose ultimate aim is to develop government revenues, although they also play a a hybrid system of provincial-wide governance that dispute-management role in many communities. is attuned to Isabel’s social characteristics and local Today, village organizers are elected individuals, development priorities. typically elderly men, and are paid a small monthly allowance by the Western provincial government. Western province Although the interest in strengthening and Malaita province reconfiguring community governance in Western The principal driver of community governance province is a response to long-standing dissatisfaction discussions in Malaita province appears to be the with the quality of service delivery from the central wish to devolve service delivery from the provincial government, it has also been considerably influenced capital, Auki. Discussions at the provincial level are by current debates about the introduction of a federal focused on decentralization, and a detailed policy system of government. With local systems still under document outlining a decentralization policy has enormous stress due to logging operations in areas been produced.139 The policy proposes five regional such as Marovo Lagoon, pressure for reform also governing zones , based on the old colonial subdistrict comes from communities. divisions. Under the proposed framework, regional ministers and members of the Malaitan provincial The province drafted the Village Community government will preside in each region. Regional Governance Ordinance 2010, which provides for councils comprised of chiefs, ward members, and the recognition and empowerment of chiefs and for other representatives of local groups, including the establishment of various committees, including women, will advise the ministers and members of 139  This is the “Summary of the Alliance for Reform, Change and Regional Development Government Policy Statement” of May 2011 prepared by the Policy, Planning and Management Unit of Malaita province. Justice delivered locally   75 the provincial government. It is envisioned that escalating costs of kastom payments. Arguably, regional councils “and traditional justice systems” however, these penal offenses and sanctions are will be empowered to “make and enforce by-laws beyond the power of the province to enact.140 to cater for civil and ‘cultural’ cases” (Malaita Provincial Government 2011, 5). Further, “informal Choiseul province governance systems” will be recognized and While not visited during the research, a well-known supported “where appropriate.” initiative in Choiseul province that is supported by the Choiseul provincial government is the Lauru Guadalcanal and Makira Ulawa provinces Land Conference of Tribal Communities (LLCTC). Detailed provincial ordinances exist in Guadalcanal In existence since 1981, the LLCTC describes province (the Moli Ward Chiefs Council Ordinance itself as the only comprehensive NGO in Choiseul 2010 and the draft Guadalcanal Province House of province. It endeavors to bring together kastom, Chiefs Ordinance 2012) and Makira Ulawa province church, and citizens in order to, among other aims, (the Makira Ulawa Province Council of Chiefs encourage contextually relevant development; Ordinance 2006), which aim to formalize their various deal with customary land-related issues, including chiefly structures. development; and educate leaders and communities on various issues, including the sustainable The Makira Ulawa ordinance establishes a “Great management of natural resources. It draws heavily Council of Chiefs” that operates at the provincial on church doctrine and kastom. In the past it has level in a similar fashion to the Isabel Council of partnered directly on a number of projects with the Chiefs. Recent discussions in Makira have focused on international NGO, the Nature Conservancy. Like whether their council of chiefs can sit as a standing many of the other groups discussed, the LLCTC committee of the provincial assembly. Proponents of is governed by a written constitution and was this proposal hope to give chiefs as much authority registered as a charitable trust in 1995. as possible, and envisage that bringing them into the assembly will increase their standing and give them 5.3. COMMUNITY OFFICERS some type of formal governing authority. AND LOCAL POLICING INITIATIVES The only recent example encountered during the Presently in draft form, the Guadalcanal Province research of a state agency consciously drawing on House of Chiefs Ordinance 2012, like its Makira past experiences in order to try and improve its equivalent, also seeks to establish a province- capacity to operate more effectively in rural areas wide “Great House of Chiefs” comprised of ward- was the “Community Officer” (CO) project of the level chiefs. A number of functions and powers are RSIPF. The history of COs and the reasons behind prescribed to the Great House of Chiefs, including their appointment have been documented elsewhere acting in an advisory role for the provincial assembly (see Dinnen and Haley 2012). Initiated in late 2009, and the executive. The Moli Ward Chiefs Council this project appointed COs in 23 rural locations, Ordinance 2010 seeks to create a myriad of criminal covering every province of Solomon Islands. The offenses, many of which are of a “customary nature” primary aim was to extend the reach of the police and impose “customary” penalties (something that to the community level through a local lay person Malaita province has previously endeavored to do). A (the CO) who would work with both local chiefs long-running feature of provincial-level discussions is and the RSIPF in a quasi-policing role. The project a desire by some to see consistent kastom penalties was influenced by the older Area Constable model and payments applied on a province-wide basis. This and the Community Auxiliary Policing scheme in call appears to be in response to two imperatives: neighboring Bougainville. At the time of this writing, the difficulties that are recounted in determining the CO project remains a relatively isolated and which kastom rules should apply in cases of internal modest initiative that continues to suffer from a migration and settlement when parties come from serious lack of support and is not yet embedded in different culture groups, and what is seen as the any larger governance system, unlike the old Area 140  The Provincial Government Act 1997 details areas that are within the legislative competence of provincial assemblies. The imposition of penal sanctions is not within the legislative power making of provinces. 76    J4P Research report | AUGUST 2013 Constable system. It also operates in the absence In large part due to the lack of support from the of other devolved state justice institutions, such as RSIPF, the role of the CO has evolved organically in local courts, that would enable it to achieve its full accordance with the configuration of local systems potential as one aspect of a wider engagement with and priorities in particular localities. While retaining the state justice system. a broad policing orientation in most places, significant variations in emphasis are apparent in different places. Dinnen and Haley’s recent evaluation of the CO In some areas, the CO serves primarily as an enforcer project reveals its generally positive reception in of chiefly authority; in others, these officers operate those communities where COs have been appointed, more independently as mediators of local disputes as well as among members of the RSIPF with whom and promoters of community peace (see box 17). In they have interacted (2012). Among other reasons, yet others, the CO has adopted a broader governance community support for the project is another role, similar in many respects to the village organizer indication of the desire to establish (or reestablish) still found in parts of Western province. effective linkages with the broader government system that many rural communities feel they have One might reasonably assume that COs operating lost in recent decades. For example, one man in with little external supervision are highly susceptible Leona village on the island of Vella Lavella, Western to capture by local elites and, in particular, chiefs. province, said that the introduction of the CO While some COs operate largely as enforcers of marked the “return of government,” while another chiefly authority, the evaluation also found several commented that “the CO makes us feel like the instances of individual COs whose actions were government is now with us” (Dinnen and Haley 2012, subtly moderating the exercise of chiefly powers. 30). In practice, the RSIPF has been unable to provide The most notable example was the case of the regular supervisory visits to COs in many areas, which “unofficial” women COs in west Kwaio, Malaita has been a source of great disappointment both to province. Some of the women COs carved out the COs themselves, as well as to members of their a role as effective intermediaries between chiefs communities anticipating a more tangible form of and local youths, who often felt intimidated and engagement with the larger government system. powerless in the presence of senior chiefs. Women Box 17. A Fight between Two Brothers in Avu Avu, Weather Coast, Guadalcanal Province In Avu Avu village on the Weather Coast of Guadalcanal province, a knife fight took place on an evening in 2010 between two brothers who had a history of difficult relations. The CO and others managed to separate the brothers, and workers from the Avu Avu Health Clinic attended to the injuries that they sustained during the fight. The day after the altercation, the CO walked for one hour to the Avu Avu Police Post to report the incident to the RSIPF. The police instructed him to return to the village and bring back the two brothers and the local chiefs who had witnessed the fight and were familiar with the history of the matter. After discussions between the various parties at the police post, the police told them to go back to the village and settle the dispute in accordance with kastom. The CO, who was also identified as a kastom chief and church leader, subsequently organized a reconciliation ceremony during which both brothers agreed to forgive one another. An exchange of pigs, shell money, and Solomon Islands currency took place, presided over by the CO and attended by the brothers, their families, the chiefs, and church leaders. In the words of the CO, “During the presentation of gifts, I gave more encouragement talks on love of each other, respect of kastom ties, law and order in the community, religious worship and to be more conscious about life than what you are every day.” Justice delivered locally   77 COs also played a prominent role in educating the In two areas in Malaita province (the Malu’u area of chiefs about the views and concerns of local youth north Malaita and Dala village of central Malaita), in a manner that did not antagonize the elders and communities enrolled youth to act in quasi-policing that generally produced positive outcomes for the roles, linking with chiefs. According to those youth. This could be seen as a demonstration of an interviewed, both of these initiatives had promising innovation at the local levels—in this case, initiated by beginnings but waned due to a lack of remuneration state authorities—that has the potential to transform and support from the RSIPF. A Fijian PPF officer started existing institutions and practices, rather than simply a further initiative in Ghatere village, Kolombangara, reinforce them. In a similar vein, while all the COs Western province. Unfortunately, the initiative faded officially appointed under the scheme were men, the when some of the volunteer COs started asking for evaluation found strong support among both men allowances and the Fijian PPF officer departed. Local and women for the appointment of women COs. This RSIPF officers began a more advanced local policing reflected a widespread view that men and women model in Rennell, Renbel province in 2010 on the brought different qualities to the role and that there advice of a PPF adviser. This initiative, which was not was an important and complementary role for both. endorsed by RSIPF police command and was distinct from the CO project outlined above, involved police There are a number of additional homegrown assistance to communities in setting up a number policing endeavors that are attempting to fill the of “community policing committees.” In some void left by the absence of police. As such, they are instances, these committees carried out their role motivated by similar concerns that drive the growth for a number of weeks or months before they finally of private or hybrid initiatives aimed at fostering local ceased. There were a variety of cited reasons for this security in many parts of the world. Some of these collapse, including a failure of police at Tingoa, the initiatives in Solomon Islands were initially supported provincial headquarters, to follow up on the reports by local RSIPF and individual PPF officers but tended of the committees and a failure to pay committee to weaken once that support disappeared. Again this members. Some youth were particularly skeptical, is an indication that though communities are capable viewing the committees as a way for police to avoid of innovating and mobilizing in the face of new and their policing responsibilities and shift the onus of growing local problems, they require some form maintaining law and order onto community members of external support to enable these local efforts to while they could “relax.” survive and develop over the long term. This does not necessarily require the commitment of substantial resources, but as the CO evaluation pointed out, it does need a committed and sustained relationship between the relevant government authorities—in this case the RSIPF—and local communities. 141  A number of COs were appointed either by communities or local RSIPF officers beyond the auspices of the official RSIPF CO. 78    J4P Research report | AUGUST 2013 6. Conclusion and Next Steps The aim of the JDL research is to inform government Solomon Islands. The provision of justice and security efforts to improve justice service delivery across services is likely to involve cooperation between Solomon Islands. This report endeavors to fill a critical government and donors for the foreseeable future, evidence gap, describing the nature of the disputes yet it is clear that the model pursued in the future and grievances affecting rural Solomon Islanders, the has to be different from that which has been used to harms that impact them most severely, and the various date. A long-term view needs to be taken on issues mechanisms that are utilized to obtain redress. It also of justice and security, rather than the current (and focuses on the choices that citizens take in managing unrealistic) program-based time horizons. A focus disputes—the factors that influence their preference on outcomes rather than inputs is also required. To for state or nonstate answers to problems, how they the extent that engagement with state institutions interact with institutions in an effort to manage those and capacity building remains an important method disputes, and their level of satisfaction with the of delivering aid, that engagement needs to be chosen courses of action. more targeted, strategic, and better informed by an understanding of context. The dominant approach The research identifies four broad areas of to justice and security assistance up to this point disputation that are common in the sites studied: has been to work with state justice institutions such social order problems (including those arising from as the police and courts on an expansive reform substance abuse); development and land-related agenda, with a particular focus on capacity building disputes; those arising from NGO, donor, and in those institutions based in Honiara. An alternative government projects at the community level; and approach is required, one that grapples with the marital disputstion and domestic violence. The challenges of delivering basic dispute-management development challenge revealed in this paper can be services to a population that predominantly resides stated quite simply: many people in rural Solomon in rural areas, and is informed by an understanding Islands do not have access to either effective state or of the justice needs of citizens. adequate local systems to enable them to mediate or equitably and durably manage and resolve the Meaningful interventions to address some of the disputes they face. key problems raised by the JDL research require an incremental, gradual, and targeted approach, This paper is targeted toward providing an based on an assessment of the most promising understanding of the contemporary realities and reform space. Reformers need to look to institutions, general concerns of rural Solomon Islanders. The processes, and actors that are evolving in capable findings from this research, together with additional and appropriate ways to address the grievances research being carried out under the JDL project on and disputes that have been outlined. Importantly, local-level courts, will offer recommendations aimed institutional reform also needs to be better informed at stimulating discussion among Solomon Islanders by an understanding of the structural, organizational, and informing ongoing government–donor dialogue and fiscal challenges that have led to institutional and programming. These recommendations will be failures and poor justice outcomes, and the historical presented in a forthcoming policy document. At drivers behind the “retreat of the state” that citizens this stage, a number of general observations can be repeatedly lament. made about the future direction of justice reform and efforts to address disputation and grievance at the Reformers should also be prepared to look beyond local level in Solomon Islands. the state’s adjudicative and law enforcement bodies as the only potential actors involved in managing First and foremost, the preliminary analysis points to disputation and crime. Satisfactorily resolving the the need for a shift in how justice reform is pursued in range of disputes uncovered by the JDL research will Justice delivered locally   79 also involve administrative and legislative bodies, as well as various nonstate actors. The ultimate aim is to improve the legitimacy, inclusivity, equity, and accessibility of all mechanisms (state, nonstate, and hybrid) that are capable of peacefully and durably managing disputes. Adequately addressing various newer and intractable forms of disputation and grievance may simply be beyond the capacity of any one system or agency, however. Thus, new approaches, involving state and nonstate actors, as well as those outside conventional adjudicative roles, need to be tested. 80    J4P Research report | AUGUST 2013 Annex. List of Field Sites Province Field Site/Village Date of Visit Guadalcanal Kakabona 19 September 2010 Borosughu 20 September 2010 Tutuva 21 September 2010 Pitukoli 23 September 2010 Ngalimera 23 September 2010 Suaghi 24 September 2010 Vutu 27 September 2010 Ngalito’o 27 September 2010 Isuna 29 September 2010 Peochakuri 30 September 2010 Isabel Zaguto 25 January 2011 Kia Group 4 26 January 2011 Kia Group 3 27 January 2011 Kia Group 2 28 January 2011 Kia Group 1 29 January 2011 Babahero 31 January 2011 Dedeu 1 February 2011 Samasodu 2 February 2011 Moloforu 3 February 2011 Jejevo 4 February 2011 Koghe 5 February 20111 Hageulu 6 February 2011 Bara 8 February 2011 Buala Village Group1 9 February 2011 Jejevo (Buala region) 10 February 2011 Buala Village Groups 2 and 3 11 February 2011 Tholana 14 February 2011 Buala Village Groups 4 and 5 15 February 2011 Justice delivered locally   81 Province Field Site/Village Date of Visit Renbel Rennell Hutuna 4 April 2011 Tegano 5 April 2011 Niupani 6 April 2011 Tebaitahe 7 April 2011 Lavagu 8 April 2011 Teabamagu 11 April 2011 Kanaba 11 April 2011 Tahanuku 12 April 2011 Hatagua and Gongona 13 April 2011 Tigoa and Babae 13 April 2011 Nukuma’anu 14 April 2011 Magae and Kagua 15 April 2011 Bellona Tongomainge 16 April 2011 Matamoana 17 April 2011 Pauta 18 April 2011 Matangi 19 April 2011 Anua 19 April 2011 Malaita Kwai Island 25 June 2011 Faumamanu 26 June 2011 Gounabusu 27 June 2011 Olomburi 27 June 2011 Manawai 28 June 2011 Ma’asupa 29 June 2011 Rara 30 June 2011 Tarapaina 1 July 2011 Fanalei and Fouele 1 July 2011 Oloha 2 July 2011 Liwe 3 July 2011 Uhu 4 July 2011 Wairokai 6 July 2011 Takwa 11 July 2011 82    J4P Research report | AUGUST 2013 Province Field Site Date of Visit Malaita Manakwai 12 July 2011 Arao 13 July 2011 Ambu 14 July 2011 Arabala 15 July 2011 Malu’u 16 July 2011 Talakali 16 July 2011 A’ama 17 July 2011 Folotana 17 July 2011 Busurata 17 July 2011 Kilusakwalo 18 July 2011 Gwaunatafu 18 July 2011 Fulisango 19 July 2011 Dala North 19 July 2011 Western Penjuku 21 November 2011 Chea 22 November 2011 Rukutu 22 November 2011 Vakambo 23 November 2011 Seghe 25/26 November 2011 Lokuru 28 November 2011 Ughele 29 November 2011 Dunde 30 November 2011 Kindu 1 December 2011 Hunda 5 December 2011 Ghatere 6 December 2011 Koriovuku 8 December 2011 Titiana 9 December 2011 Saegheraghi 11 December 2011 Justice delivered locally   83 References Akin, David. 1999. “Compensation and the Melanesian State: Why the Kwaio Keep Claiming.” The Contemporary Pacific 11 (1): 35–67. ———. 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London: British Institute of International and Comparative Law. 92    J4P Research report | AUGUST 2013 The World Bank’s Justice for the Poor (J4P) program has been supporting the “Justice Delivered Locally” initiative of Solomon Islands’ Ministry of Justice and Legal Affairs since 2010. Justice Delivered Locally furthers the Solomon Islands Government policy of reinvigorating local-level justice systems. This research report presents the findings of extensive research conducted across Solomon Islands relevant to local-level justice service delivery. The authors are specialists in the field of justice and dispute resolution in Pacific Island societies. The work undertaken in producing this report was funded under the World Bank–Australian Agency for International Development (AusAID) East Asia and Pacific J4P Program. http://www.worldbank.org/justiceforthepoor