Traditional Laws in PNG

It confirms their right of self-determination.

It is widely seen as reflecting the status of customary international law.

Customary law helps recognize and respect the rights of indigenous peoples to their traditional knowledge.

<p>Collective rights pertain to the rights of groups, while individual rights are specific to individual members of the group.</p> Signup and view all the answers

<p>Customary law requires states to recognize and respect indigenous customs and institutions.</p> Signup and view all the answers

<p>These rights entail the ability to govern themselves and protect their customs and institutions.</p> Signup and view all the answers

<p>It declares the adoption and enforcement of indigenous customs as part of the underlying law.</p> Signup and view all the answers

<p>They utilize customary norms to affirm the rights of indigenous peoples.</p> Signup and view all the answers

<p>Customary law in Papua New Guinea is defined as legal norms derived from the customs of the people, established through repetitive acts and recognized as common practices within communities.</p> Signup and view all the answers

<p>Traditional knowledge serves as a primary source of customary law, encapsulating the stories, songs, and ceremonies of indigenous communities that inform legal practices.</p> Signup and view all the answers

<p>Customary law acknowledges indigenous rights through its incorporation of local customs and practices, facilitating community harmony and the legal recognition of cultural heritage.</p> Signup and view all the answers

<p>Collective rights focus on the community and group interests, while individual rights emphasize personal entitlements; customary law often prioritizes collective rights to maintain harmony within communities.</p> Signup and view all the answers

<p>Customary law plays a significant role in national governance by informing legal frameworks, recognizing indigenous peoples' rights, and influencing state practices.</p> Signup and view all the answers

<p>The diversity of customs in PNG complicates efforts to harmonize customary law since each community has its unique practices and legal norms.</p> Signup and view all the answers

<p>The oral tradition of customary law implies that legal practices are dynamic and adaptable, relying heavily on community interpretation and interaction.</p> Signup and view all the answers

<p>Despite community diversity, the leading principles of customary law in PNG exhibit minimal divergence, focusing on community harmony and conflict resolution.</p> Signup and view all the answers

<p>Customary law refers to the long-standing practices and customs of Indigenous peoples which hold legal force and are recognized for their role in seeking justice.</p> Signup and view all the answers

<p>Traditional knowledge is protected under customary law as it reflects the cultural expressions and practices of Indigenous peoples, requiring respect and recognition.</p> Signup and view all the answers

<p>Obligations such as consultation in good faith, free prior informed consent, and participation in decision-making processes must be respected.</p> Signup and view all the answers

<p>Collective rights pertain to the rights of Indigenous communities as a whole, while individual rights focus on the rights of individual members within these communities.</p> Signup and view all the answers

<p>Since independence, there has been a slow increase in the recognition and development of customs and customary law, enhancing human rights at both community and national levels.</p> Signup and view all the answers

<p>The tacitus consensus of the people provides the basis for customary law, as it reflects the collective agreement and long-standing practices of the community.</p> Signup and view all the answers

<p>Customary law has influenced national governance by shaping legal practices, decision-making processes, and the recognition of community rights.</p> Signup and view all the answers

<p>Recognizing customary laws in international courtrooms enables the enforcement of Indigenous rights and provides a platform for seeking justice on a broader scale.</p> Signup and view all the answers

<p>Customary law in Papua New Guinea is defined as a body of principles that are amenable to interpretation based on the moral, ethical, and equity standards of the relevant society.</p> Signup and view all the answers

<p>Traditional knowledge is crucial as it enables individuals to understand and apply the stories and principles that underlie their customary law, thus ensuring the continuity of cultural practices.</p> Signup and view all the answers

<p>Indigenous rights recognition is significant as it acknowledges the unique legal and cultural frameworks of Indigenous peoples, allowing them to preserve and practice their customary laws.</p> Signup and view all the answers

<p>The conflict arises as customary law often emphasizes collective rights of the community over individual rights, which can lead to tensions in modern legal contexts focused on personal freedoms.</p> Signup and view all the answers

<p>Customary law impacts national governance by providing a framework that influences land use, resource management, and community relations, often challenging formal legal systems.</p> Signup and view all the answers

<p>Indigenous peoples face challenges such as costly evidence requirements and adversarial legal processes that are unfamiliar and complex to them.</p> Signup and view all the answers

<p>Young people, especially males, are expected to learn and exercise their roles as future family elders, thereby preserving and transmitting customary law and practices.</p> Signup and view all the answers

<p>Customary international law is an evolving body of unwritten law derived from state practices accepted as legally binding, unlike treaties that bind only states that ratify them.</p> Signup and view all the answers

<p>The 'repugnancy rule' implies that customary law must conform to the prevailing notions of natural justice and moral values of the dominant regime to be recognized.</p> Signup and view all the answers

<p>Customary law supports the protection of traditional knowledge by recognizing and legitimizing the legal frameworks and practices that indigenous communities use to safeguard their cultural heritage.</p> Signup and view all the answers

<p>Recent developments include new international instruments, national legislations, and court decisions that have established frameworks for the protection and recognition of indigenous rights.</p> Signup and view all the answers

<p>Collective rights of indigenous peoples focus on their rights as a group to self-determination and cultural preservation, while individual rights pertain to the rights of each member within the group.</p> Signup and view all the answers

<p>Customary law can influence national governance by integrating indigenous legal institutions and practices into the state’s legal framework, ensuring that indigenous rights are recognized and upheld.</p> Signup and view all the answers

<p>Section 117 of the PNG Constitution provides binding authority to international law, establishing a relationship between national and international legal frameworks.</p> Signup and view all the answers

<p>Customary law may be viewed as less legitimate than formal law because it often lacks codification and may not be recognized in formal legal systems.</p> Signup and view all the answers

<p>The recognition of indigenous peoples' legal regimes is vital as it affirms their autonomy and ensures the protection of their cultural practices and rights within a broader legal framework.</p> Signup and view all the answers