調停者は誰か : ニューギニア高地における文化変容の研究
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概要
- 論文の詳細を見る
Papua New Guinea attained self-governing status in 1973, and it will soon become independent from the Australian administration. Political participation on a national scale by the indigenous people goes back to 1964, when the House of Assembly was established. Since then Papua New Guinea has faced many crucial problems because of the parochial interest on the part of most people of the highlands, i, e little concern for people and areas beyond their own clan and district. One of tne most important elements in building a nation is that one must have a broad understanding of the laws and legal systems that govern people. The large gap that exists between customary law and modern law, however, has been strongly evident under the Australian administration. In this paper I shall focus on the significance of the unofficial courts, based on a study of Local Court cases in the Sinasina area of Chimbu District, where I was able to do field research several times between 1965 and 1972. The court system of Papua New Guinea was introduced by the Australian government a half-century ago. The Native Regulation Ordinance in Papua and the Native Administration Ordinance in New Guinea were abolished by a Local Court Ordinance 1963/66, effective in all of the territory of Papua New Guinea. The former provided for only a limited jurisdiction in dealing with offences by, and disputes between, indigenous people. The latter was applicable to all inhabitants with the abolition of racial discriminations. There are three kinds of courts, Supreme, District and Local courts. District and Local courts are courts of summary jurisdiction, which have limited criminal and civil jurisdiction over all persons. They are perhaps the most important, because their jurisdiction is both wide and extremely varied. Special circumustances surround the Local courts in Papua New Guinea. Above all, there has been limited communication between the government officers and the indigenous people, particularly in the isolated villages of the highlands. These areas were accessible only on foot by patrols until roads were built by the local government councils. Most rural areas, however, are far away from the central control of the headquarters of the Territory of Papua New Guinea. There are over 400 linguistic groups, most of which are so small that it is impossible to select a magistrate from each, but a magistrate who cannot speak the local vernacular must rely on interpreters. He may often be the only person in the court who really understands the procedures. It is furthermore difficult to judge the character and truth of a man whose social background is quite different from the magistrate's. Under such conditions, when disputes arise, unofficial courts for settlement become extremely important in the indigenous community. Depending upon the area and the arbitrator, a settlement is usually sought on the basis of local customs, which are greatly influenced by clan ties, personal status, reciprocity of past favors and so on. Negotiations are aimed at attaining agreement on a settlement by all parties involved in the dispute. In the context of a changing society which is developing economically and adjusting to a new political situation, the arbitrator for the unofficial courts has been transferred from the traditional leaders called bigmen, to bosboi, village officials (luluai and tultul) , pastors and local policemen. Wherever local government councils are established, the councillor and Committee may play a part in unofficial courts. If the arbitrator suggests compensation in line with customary law, the unofficial court can usually reach a satisfactory settlement.
- 日本文化人類学会の論文
- 1975-06-30