The Black Widow

28 September 2009 Dan McGarry

The man gets off scot free in virtually every domestic crisis. If he runs off on his wife and kids, people will ask, ‘What did she do to drive him away?’ If he fools around with someone else, it’s usually the wife who’s forced to find the other woman and beat her into submission. It’s the only way she can publicly demonstrate that she’s not at fault. If a man beats his wife inside his own home, nobody will do anything. Ever. Here in Vanuatu, a man’s home really is his castle. Even if it’s his wife’s money that pays for it, her labour that maintains it, and her life that suffers just so that he can feel in control.

Why should we be surprised then, if one or two desperate women feel driven to poison hubby’s evening meal? When he pauses for grace before supper, more than one husband in Vanuatu would do well to

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

I heard a fascinating tale the other day. A woman of my acquaintance, happily married with children, had apparently been married twice already. Each time, the husband had become abusive and, each time, had died suddenly, without explanation. Word was that she was adept at ‘posen’ – subtle potions that kill suddenly, hours or even days after their ingestion.

Whatever his motivation, her current husband was the model of good behaviour; he never ‘passed behind’ (the Bislama term for adultery) and looked after the children as if they were his own.

Doubtless polished and embellished in the telling, the story remains, at its core, perfectly credible. Spousal abuse is rampant in Vanuatu society, and the police, courts and kastom do almost nothing to protect women. It’s not at all beyond imagining that a woman might take matters into her own hands and act to stop her own suffering using whatever means necessary.

Open Season

27 September 2009 Dan McGarry

With the recent passage of a new telecommunications Act (awkwardly titled the TELECOMMUNICATIONS AND RADIOCOMMUNICATION REGULATION ACT), Vanuatu has taken another important step in ensuring continued success in building openness and fairness into the business of communications.

Parts of the Act, currently awaiting the President’s signature, validate and give force of law to terms and conditions already included in the licenses issued to our two incumbent telcos. It also provides an overall framework for continued growth, expansion and innovation. Most importantly, it makes permanent the office of the Telecommunications Regulator.

[This week’s Communications column for the Vanuatu Independent.]

(Before I go on, I should make it clear that the text of the Bill was under discussion until shortly before it was voted on. The version I was able to view was not the official text. That will only become available once the Clerk of Parliament receives the signed Act from the President. That said, I’m pretty confident that those parts of the Act discussed here are unchanged.)

Perhaps the most notable aspect of this new legislation is the delegation of the right to issue telecoms licenses to the Regulator. Until the Act takes effect, this power is retained by the Minister.

John Crook, the Interim Telecommunications Regulator, has made it clear that he wants to see the process of obtaining what’s termed a Telecommunications Operator License to be as simple and direct as possible. All that should be required to start a new Internet Service Provider is to demonstrate that you have the right to operate such a business in Vanuatu, that you have the means to do so and that you’re willing to play by the rules.

Copyright and the Social Contract

26 July 2009 Dan McGarry

Since the arrival of the Internet, there’s been unceasing talk about the imminent demise of traditional publishing models (especially newspapers), the subversive effect of ‘free’ online content and the purported damage done by Peer to Peer ‘pirates’ sharing music, movies and other creative works. At the centre of all this debate over the imbalance that new technology has created between creator and consumer is the oft-ignored conclusion that copyright as a regime for encouraging creativity in modern society is simply unworkable on the Internet.

Pundits, lawyers and media distributors the world over continue fighting the tide, thinking they can shape the Internet to match their expectations concerning copyright. Instead, they should be shaping their expectations to match the Internet.

[This week’s Communications column for the Vanuatu Independent. It’s a somewhat fleshed out and more rounded version of this essay.]

Common Ground

27 June 2009 Dan McGarry

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.]

Protecting our Children

16 May 2009 Dan McGarry

Over the last two weeks or so, there’s been an animated and quite fascinating discussion on the VIGNET technical mailing list. VIGNET is a mailing list service provided by the Vanuatu IT Users Society (VITUS) in order to contribute to a public dialogue about all things to do with technology. With over 220 subscribers, it represents a significant number of people working in IT in Vanuatu.

Following the roll-out of Digicel’s GPRS mobile Internet service, concerns have been raised about children and youth in Vanuatu having access to unsuitable content, especially pornography, through their mobile phones.

With nearly 100 messages from dozens of different contributors, the discussion was illuminating, intelligent and remarkably respectful, especially given the delicacy of the topic. What follows is a small but representative sampling….

[This week’s Communications column for the Vanuatu Independent.]

Note: Because of public demand for a printable version of this column, here’s a PDF version of this week’s column.

This week, I’m going to give over much of my column space so that other voices can be heard.

Who We Are

12 May 2009 Dan McGarry

A society is defined by how it treats those in its care. In Vanuatu, that often means that community rights trump the individual’s. In the Western legal justice system, individual rights are paramount. This creates a tension that subverts the ability of the community to police itself. In Vanuatu’s case, it erodes the chief’s mandate with regard to justice and social order, placing police and legal justice in his place. If they fail, the entire system fails.

More than anything else, kastom’s continuing influence has kept Vanuatu from falling into the same pit of lawlessness and disorder as PNG and the Solomons.

It is not, therefore, the mere idea that the VMF beat and killed Bule that I find troubling. It is the fact that, by allowing some to act without restraint, without any rules whatsoever, we as a society are moving further towards a culture that sanctions lawlessness. We have only to look at Port Moresby, with its rampant, uncontrollable violence and its often deadly law enforcement, to see where Port Vila will be in a decade.

If, that is, we don’t take steps now to bring our troublemakers back within society’s grasp.

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

After more than a month’s delay, prison escapee John Bule’s body was finally put to rest this week. While his family may have some degree of solace now that they can properly mourn his passing, and in spite of Government entreaties to allow the justice system to work, many feel that much remains to be said about how we treat our prisoners.

In a searing letter to the Editor earlier this week, one man described how his children and their nanny had been terrorised by knife-wielding thieves. The nanny was only saved from rape or worse by the man’s timely arrival.

“If we had Capital Punishment,” he writes, “I would gladly pull the trigger on this criminal.”

I know exactly how he feels. Nearly a decade after the fact, I have only to think about one man and I begin to shake with rage.

Years ago, I lived in a frontier town smaller than Port Vila. I found evidence that one of its residents had been molesting children for over a decade, and that one of them, a 12 year old girl, had since committed suicide.

I sat at home for hours, trying to decide whether to call the police, or simply to pull my rifle from its locker and shoot him myself. In the end, I picked up the telephone, not the gun.

A Nation of Laws

4 April 2009 Dan McGarry

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.]

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.

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

Perspectives on Privacy

6 December 2008 Dan McGarry

I’ve written before about the technical, ethical and legal problems surrounding Australia’s plan to enforce a compulsory, universal Internet Content Filter. I maintain that the system is ineffective and inappropriate, foisting a law enforcement role on the nation’s ISPs, and threatening free speech without providing sufficient protection from the very content it seeks to block.

With Internet deregulation on the horizon in Vanuatu, it seems timely to take a look at some of the basic issues underlying the debate.

[This week’s Communications column for the Vanuatu Independent.]

This week, the Australian government moved closer to implementing its controversial Internet Content Filter. The ICF represents the Rudd government’s latest attempt to curtail access to illegal or ‘unwanted’ online materials by requiring that all Australian Internet providers implement this filtering system. News sources report that the government has released the technical specification of its pilot implementation.

I’ve written before about the technical, ethical and legal problems surrounding this plan. I maintain that the system is ineffective and inappropriate, foisting a law enforcement role on the nation’s ISPs, and threatening free speech without providing sufficient protection from the very content it seeks to block.

With Internet deregulation on the horizon in Vanuatu, it seems timely to take a look at some of the basic issues underlying the debate.

Employment Act Amendments – Commentary

26 November 2008 Dan McGarry

As promised, here are the first notes concerning the amendments to the Vanuatu Employment Act passed last Thursday in Parliament.

I’ll be writing more comprehensively about this issue in Saturday’s Weekender, but there’s a lot of meat on this issue, and I thought I’d package up the wonkery first….