Tough legal challenges remain for Pacific women

Transcript

Law students in New Zealand say women still face tough legal challenges throughout the Pacific.

Academics, law practitioners, university and secondary school students are in Wellington for the Pasifika Law and Culture Conference at Victoria University.

Research on climate change, youth, mental health and constitutional issues has been presented.

Daniela Maoate-Cox spoke to three Pasifika law students about the legal challenges facing women in the Pacific.

In parts of Papua New Guinea a woman's parents can be paid a bride price by her new husband's family.  A University of Canterbury law student Raho Kila says the arrangement is a family affair and aims to acknowledge the prestige of a woman.  But she says the introduction of a western monetary system and the rise of poverty in Papua New Guinea has altered this practice to one focused on financial gain where women have little or no say in the deal.

RAHO KILA:  If they're abusing the cultural value of bride price and the whole value of culture is missing then maybe we should actually just give women that right, like you should be able to voice your opinion and say no it's not ok, i'm not going to be used in these circumstances.

Raho Kila says this is just one example where introduced laws and ideas clash with existing beliefs.

RAHO KILA:  I think there should be a clear distinction as to, if we're doing politics then it should strictly be politics and if we're going to practise cultural ideologies it should be just strictly that even with the jurisdictions.
 

Ms Kila says neither the common law or customary law prohibit women from voicing their opinions but some cultural values promote gender inequality.  Cultural beliefs could also be contributing to a lack of data on women who are accused of or killed for sorcery.  A University of Auckland law student, Mary Kints, says available statistics show men tend to be the victims but this may not be the case.

MARY KINTS:  With women in Papua New Guinea, when you marry you go off to live with your husband and so you're separated from your family, if you're to be accused in a strange village no one would know that you had been killed and no one would report your death. Also there's this general perception that women's lives are worth less because of this overriding patriarchal attitude.

Papua New Guinea repealed the Sorcery Act in 2013 but Ms Kints says there is little evidence the repeal has had an effect on reducing the number of sorcery related killings.  Melding Pacific cultural practices with the justice system in New Zealand is another challenge.  Statistics from 2006 show convictions rates for Pacific people in New Zealand are four times higher than Pakeha or European with Pacific people receiving custodial sentences three-and-a-half times longer.  There are also high rates of family violence in which women are typically the victims.  A University of Auckland law student Dylan Asafo says despite these statistics no research has been done on whether cultural apologies should be incorporated into restorative measures.

DYLAN ASAFO:  There's a vast amount of different forms of cultural apology, it's not a set criteria or exhaustive list, it's just utilising cultural values and traditions in order to restore the relationship that's been broken by whatever harm has been done.

Dylan Asafo says the main risk factors for Pacific family violence are socio-economic disadvantage and a lack of social networks, and cultural apologies, which require family and community support, may not always be the best tactic.