Explain the dual system of law in PNG
The dual system of law in Papua New Guinea (PNG) refers to the coexistence of two distinct legal systems within the country. It consists of the formal legal system, based on English common law and the legal institutions inherited from its colonial past, and the customary law system, based on the traditional practices and norms of Papua New Guinean communities.
1. Formal Legal System:
The formal legal system in PNG is based on the common law principles inherited from the British legal system. It includes statutes, regulations, case law, and the Constitution of Papua New Guinea. This system operates through courts and legal institutions that were established during the colonial era to administer justice and enforce the law. The formal legal system is influenced by Western legal principles and is guided by legal professionals such as judges, lawyers, and legal scholars.
2. Customary Law System:
Customary law is deeply rooted in the traditional practices, customs, and norms of various indigenous communities across PNG. It reflects the social, economic, and cultural values of the people. Customary law is primarily unwritten and is transmitted orally through generations. It covers a wide range of areas, including land rights, marriage, inheritance, tribal disputes, and social obligations. Customary law is administered by community leaders, such as village chiefs and elders, who have the authority to resolve disputes and provide justice based on their knowledge of customary practices.
The dual system of law acknowledges the importance of both legal systems and recognizes their interplay and coexistence. In practice, the formal legal system often deals with matters relating to constitutional law, criminal offenses, commercial disputes, and other areas governed by statutes, while customary law handles issues related to land disputes, family matters, and disputes within indigenous communities.
It is important to note that there can be tensions and conflicts between the two legal systems, especially when their principles and practices clash. The courts in PNG are tasked with balancing these two legal systems, and there have been efforts to ensure that the formal legal system considers and respects customary law in appropriate cases. Additionally, the Papua New Guinea Constitution explicitly recognizes the importance of customary law as long as it is not inconsistent with fundamental rights and freedoms.