When Western Law is used to settle an internal people's dispute rather than Customary Lore.

PART 1 of 2

In a recent court decision, the courts ruled in a leadership title dispute on Aitutaki, Cook Islands. So what you might say, well a lot actually. It's bad enough to have a colonial past linked to colonial western jurisprudence that has reigned supreme over local customary lore. Even worse when those in dispute give up on using customary lore to settle a dispute and run off to western law to settle a grievance. Aided and abetted by western law that should have sent the protagonists back to their people to sort. You only get winners and losers not grinners and posers and then the scene is set up for generational grievances and a grievance industry for the legal profession.

I don’t think people realise what they have done by taking cultural issues to a western law court. They have set in place a precedent that now allows a white man’s law to dictate a cultural outcome. Instead of sorting it out inhouse no matter how long it takes. In summary, they have allowed a stranger from outside the people decide the fate of generations to come when choosing a leader and allowed this decision to be enshrined in white man’s law

Using a legal system that is not rooted in the cultural traditions of our people will lead to outcomes that will not align with our values and practices. Western law has frameworks that do not fully capture the nuances of our people’s cultural practices or conflicts. When such issues are taken outside of the people and resolved through western law, it will set a precedent that will undermine our traditional ways of resolving disputes.

This situation leads to a further loss of autonomy for our people (lord knows we have lost much) and will erode trust in traditional practices. It will also set a legal precedent that could be used in future cases, further entrenching the use of western law over traditional methods. Potentially further eroding the people’s self-governance and identity.

I am deeply frustrated about the decision to handle a cultural issue through western law, rather than resolving it within the people through centuries old lore. This is because my concerns reflect a fear of losing further cultural autonomy and the imposition of external values on our people’s internal matters.

Cultural matters often require nuanced understanding and respect for traditions that might not be fully appreciated or even recognised by western law. The involvement of western law in such matters can lead to decisions that don't align with the people’s values and practices, potentially causing harm or rising resentment.

It's also important to recognise the risks outlined—using western law when it’s convenient can set a precedent that might erode the people’s ability to resolve its own issues in the future. The involvement of legal professionals who may not fully grasp or prioritise these cultural nuances further complicates the situation.

I do realise that it's a difficult balance between seeking justice or resolution and maintaining cultural integrity. It is paramount the importance of preserving cultural practices and resolving conflicts in a way that respects and honours the people's traditions.