Human, All Too Human

People often complain that the Law is impersonal, an uncaring instrument whose application too often punishes the innocent and allows the guilty to walk free. In practice, it is capricious and too often selectively applied. All of this is true, from time to time.

But the alternative is summary judgment and mob justice. Far too often, they’re driven by hysteria and a deep-seated desire to find a scapegoat in order to externalise the worst aspects of human nature that exists within all of us. A recent Daily Post story on the recent murders Lolowei village reports that villagers had long made use of the two accused poisoners to settle their own petty differences.

The very people who had commissioned these despicable acts were the brothers’ accusers and ultimately their executioners.

[Originally published in the Vanuatu Daily Post.]

A man paddles his canoe into Lolowei's harbour, sheltered by standing rocks on one side and this massive cliff on the other. A shocking story is emerging from the Northern Vanuatu island of Maewo. Last week, two brothers, fugitives from Kaiovo village, appeared at Lolowei Hospital on neighbouring Ambae island. One was treated for injuries. Witnesses said he claimed he had been stoned following a village meeting. The other walked onward to Tumsisiro, an Anglican mission, and requested sanctuary.

Before long, a caller from Maewo ascertained the brothers’ presence in Ambae, and a motor boat was dispatched. Reports estimate that up to a dozen men armed with axes and bush knives arrived at Lolowei. They proceeded to the outpatient clinic and promptly murdered the first brother. Stunned onlookers watched as they struck him dead, then dragged his corpse down to the shore, mocking and abusing it as they went. The second brother met the same fate soon afterward.

Within hours of the events, the story began to spread that accusations of sorcery and murder were the cause of this tragic episode. As with most such events, speculation is rampant and details are difficult to corroborate. One distraught Ambaean related a tale that seems to align well with others:

She told of a meeting held in Kaiovo to deal once and for all with the death of two local school employees, widely suspected to have been poisoned. At its climax, a local church elder announced that God had given him the names of the perpetrators. He had no sooner identified the two brothers and an elderly male accomplice than the local chief instructed the villagers to kill them.

Before the brothers could react, she said, one of the villagers picked up a large volcanic cooking stone and launched it at one of them. He missed, and the two began to scramble to their feet. Another stone quickly followed, striking one of the brothers and injuring him. They nonetheless managed to escape, leaving the older man to be beaten severely by the villagers.

Reports indicate that they obtained a canoe and paddled across several kilometers of open ocean to Lolowei’s tiny cove. It was there that their pursuers caught them up and murdered them.

Poison, witchcraft, religious visions and mob justice. One could easily dismiss these events as the actions of a backward, primitive people, benighted in superstition.

We should be careful not to mock too loudly, lest we mock ourselves.

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Common Ground

Even in the decades before Jimmy Steven’s Nagriamel movement, land has been at the core of ni-Vanuatu politics and society. Many battles have been fought – and far too many lost – over land rights.

Justin Haccius, a legal researcher for the World Bank’s Jastis Blong Evriwan project, has been looking at this issue for some time now. The conflict between kastom and law, he says, is one of the central issues affecting Vanuatu society today. The problem, as he sees it, is simple: “The system of the majority is not the system of the State.”

In a briefing note titled “Coercion to Conversion: Push and Pull Pressures on Custom Land in Vanuatu” Haccius highlights some of the pressures brought to bear on kastom land owners in their efforts to derive value from their land without becoming completely disenfranchised in the process.

[Originally published in the Vanuatu Daily Post’s Weekender Edition.]

Even in the decades before Jimmy Steven’s Nagriamel movement, land has been at the core of ni-Vanuatu politics and society. Many battles have been fought – and far too many lost – over land rights.

Justin Haccius, a legal researcher for the World Bank’s Jastis Blong Evriwan project, has been looking at this issue for some time now. The conflict between kastom and law, he says, is one of the central issues affecting Vanuatu society today. The problem, as he sees it, is simple: “The system of the majority is not the system of the State.”

In a briefing note titled “Coercion to Conversion: Push and Pull Pressures on Custom Land in Vanuatu” Haccius highlights some of the pressures brought to bear on kastom land owners in their efforts to derive value from their land without becoming completely disenfranchised in the process.

Read more “Common Ground”

A Nation of Laws – Ctd.

Time and column inches conspired against me with this week’s Opinion. Writing these pieces is a labour of love for me, a needful service that – I hope – contributes to the public dialogue here in Vanuatu.

This week, I feel I didn’t have nearly enough time to do a completely satisfactory job of mapping a morally, legally and ethically complicated landscape. While I feel I covered most of the main themes in the thousand or so words allowed me, much more needs to be said.

What follows is a somewhat lengthy consideration of what I chose to say – and chose not to say – in this column, and why I did so….

Time and column inches conspired against me with this week’s Opinion column. Writing these weekly pieces is a labour of love for me, a needful service that – I hope – contributes to the public dialogue here in Vanuatu and to understanding abroad. But the need to earn a dollar often obtrudes, and the time I can devote to writing them is always less than I’d like.

This week, I feel I didn’t have nearly enough time to do a completely satisfactory job of mapping a morally, legally and ethically complicated landscape. While I feel I covered most of the main themes in the thousand or so words allowed me, much more needs to be said.

What follows is a somewhat lengthy consideration of what I chose to say – and chose not to say – in this column, and why I did so….

Read more “A Nation of Laws – Ctd.”

A Nation of Laws

Shortly before noon on Sunday, March 29, two Toyota pickup trucks arrived at a Malapoa residence occupied by 21 year old escaped convict John Bule, his girlfriend and their daughter, aged less than 2. Several men in plain clothes dismounted and entered the house in search of Bule.

Loud voices were heard from within the house, and 3 shots were fired, apparently as a warning. Nobody was hurt. Shortly afterward, John and his girlfriend were escorted from the house, their hands bound behind their back. They were placed together in the back of one truck and driven to the VMF barracks.

The girlfriend later recalled that she pleaded with those holding her to be allowed to return to her home and her daughter. She told them she’d done nothing wrong.

As she pled with them, she says, she heard her boyfriend John crying out in pain in an adjacent room.
Shortly before 2:00 p.m. that same day, authorities brought John Bule to Vila Central Hospital for treatment of wounds to both legs, both arms, his ribs, back and head, which had multiple lacerations, including a gash above his left eye about 10 cm. long and 3 cm. wide.

Soon after 4:00 p.m. Sunday, John Bule was pronounced dead.

[Originally published in the Vanuatu Daily Post’s Weekender Edition.]

Shortly before noon on Sunday, March 29, two Toyota pickup trucks arrived at a Malapoa residence occupied by 21 year old escaped convict John Bule, his girlfriend and their daughter, aged less than 2. Several men in plain clothes dismounted and entered the house in search of Bule.

Loud voices were heard from within the house, and 3 shots were fired, apparently as a warning. Nobody was hurt. Shortly afterward, John and his girlfriend were escorted from the house, their hands bound behind their back. They were placed together in the back of one truck and driven to the VMF barracks.

The girlfriend later recalled that she pleaded with those holding her to be allowed to return to her home and her daughter. She told them she’d done nothing wrong.

As she pled with them, she says, she heard her boyfriend John crying out in pain in an adjacent room.
Shortly before 2:00 p.m. that same day, authorities brought John Bule to Vila Central Hospital for treatment of wounds to both legs, both arms, his ribs, back and head, which had multiple lacerations, including a gash above his left eye about 10 cm. long and 3 cm. wide.

Soon after 4:00 p.m. Sunday, John Bule was pronounced dead.

Read more “A Nation of Laws”

A Matter of Justice

It’s easy to say that prisoners deserve what they get, that they’ve made their bed and now they should lie in it. And it’s true, to a degree. But there is a point past which a man ceases to be a man. The measure of our society, of our capacity to care for one another, is made according to where we draw that line. There is nothing in kastom or natural justice that condones crossing that threshold.

The great comfort of kastom is that every person has their place, in life, in the village, in the world. The government needs to commit to building a new prison and to allowing our chiefs to continue to watch over their children. If it does –when it does – it will ensure that conditions will improve, both for our prisoners and for society as a whole.

[Originally published in the Vanuatu Daily Post.]

On December 5, a remarkable document surfaced. Prison Report 2008, authored in secret by Vanuatu inmates on a contraband laptop, is a long, ambling document that alternates between history, documentary and cri de coeur as it recounts the hardships faced by those incarcerated in Vanuatu’s prisons.

At times uncritical, naive and even occasionally self-serving, the report nonetheless contains well documented reports of violence and mistreatment in our prisons.

The report paints a picture of regular physical abuse and neglect in an environment that resists our best efforts to improve it. The prisoners claim that it is precisely these conditions that not only lead them to escape but allow them to succeed.

The prisoners are frankly foolish in their expectations. They make claims for compensation to the tune of 100 million vatu and finish with a warning that if these claims are not addressed within 14 days the prisoners will walk out.

Director of Correctional Services Joshua Bong initially insisted his department had not seen the report, but has since assured the prisoners that a commission of inquiry will be established to investigate the claims. On Thursday, he indicated his intention to stop any effort to leave the prison – with or without outside help –by blockading the road in front of the Stade.

Notwithstanding all precautions taken, the prisoners made good on their threats. On Friday morning at roughly 9:30 a.m., they set the prison alight. In the ensuing chaos, they exited the building, tossed a bible astride the concertina wire atop the fence, and used that foothold to effect their escape.

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