Customs Law enter legal book

Papua New Guinea has taken a major step forward, tapping into the customary law system, with the successful recording of customary laws for Central Province by the Constitution and Law Reform Commission [CLRC].

This was revealed during the official launch of the CLRC's new publication titled: 'Development of the Underlying Law'.

The book compiles key presentations from the 3rd Underlying Law Conference in 2017, marking a significant milestone in recognizing the deep role of traditional customs in PNG's national legal identity.

The book was launched on the evening of Tuesday, June 3rd in Port Moresby by the Constitutional and Law Reform Commission [CLRC], with Chairman Saki Soloma officiating and Chief Justice Sir Gibbs Salika as an important guest.

Mr Soloma said the book is more than a legal text, it is a national vision in motion.

“It carries deep historic and national significance. It stems directly from the vision of the Constitutional Planning Committee [CPC], whose work has laid the foundation for the Constitution,” he said.

“It was meant to guide the country towards the aspiration beginning with our independence on the 16th of September 1975. Through the eyes, the Underlying Law was to play a central role in shaping a homegrown jurisprudence, one that reflects who we are as a people.”

He said there is still more to do, and noted the enormous task ahead, with over a thousand tribes and 800 languages still to be recorded, but said the CLRC remains committed.

"Despite financial and technical challenges over the years, I know CLRC has remained deeply committed to its role,” Soloma said.

“This year, for example, we completed the recording of customs from all major languages, cultures, and social problems. These records, once processed, will be purposed and made available for use in our courts.”

Chief Justice Sir Gibbs Salika cautioned against misuse of customary law in the courts but acknowledged its significance in strengthening PNG’s identity and judicial independence.

Mr Soloma also praised the collaboration with the judiciary and thanked contributors to the book which include Chief Justice Sir Gibbs Salika.

"Your thoughts and reflections make this publication a rich and important resource for judges, lawyers, researchers, and academics alike," Mr Soloma said when acknowledging the editors, one of whom is Dr Eric Kwa, Secretary for Department of Justice and Attorney-General.

Both Mr Soloma, and the Chief Justice said the publication is both a tool and platform, promoting further dialogue, learning, and progress.

“This is just one way we are progressing the development of the Underlying Law… I strongly encourage continued and close cooperation between CLRC and the courts as we work together to shape the future of our legal system for the benefit of all human beings," said Mr Soloma.