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Write Kelly.
Following the recent case in Aitutaki, the court has made a ruling on traditional titles. This has huge implications for future titles and cultural resentment among the Anubis.
I insist that this is not the end of litigation. Western legal theory has an impact on our cultural practice, and more importantly, the court’s decision provides a breeding ground for more litigation and therefore more precedents that will lead to cultural grievances that will be passed down from generation to generation. In addition, it will provide fuel for a growing complaints industry in the legal community at home and abroad. It will be a legal money cycle if there is one.
Western jurisprudence, based on legal principles and court precedents, does have a profound influence on our cultural practices. When courts in Western societies render decisions, they often set legal precedents that influence future cases and social norms. These legal decisions, while based on the rule of law, can sometimes conflict with cultural customs, traditions, and values that have been passed down from generation to generation.
An important aspect of this dynamic is the potential for cultural resentment when court decisions undermine or challenge long-standing cultural practices. For example, decisions that affect religious practices, land ownership, family structures, or traditional roles can lead to feelings of injustice or alienation in communities whose cultural identity is closely tied to those practices.
Intergenerational cultural grievances arise when communities perceive that the legal system does not fully understand or respect their cultural heritage. This can create a lasting sense of marginalization, especially when court decisions are seen as being imposed by an external authority that does not share or respect the cultural values of the affected community.
Furthermore, the doctrine of legal precedent—the idea that past judicial decisions influence future rulings—can perpetuate the effects of these grievances. Once established, precedents are difficult to overturn or change, creating a cumulative impact on cultural practices over time. This can lead to ongoing tensions between legal systems and cultural communities, sometimes culminating in calls for legal reform or recognition of more culturally sensitive alternative dispute resolution methods.
In essence, while Western jurisprudence seeks to uphold justice and equality under the law, its interaction with multicultural practices can lead to complex outcomes, where legal decisions can inadvertently exacerbate cultural grievances that persist for generations.
One might ask where were the Arikis when one considered going to court and unwittingly allowing the decision to be taken away from them. According to cultural lore, the Arikis should have been involved in the decision making. They should have petitioned the courts to resolve this internally. The fact that they did not do so does not bode well for the future of the Arikis. It seems that they were caught out performing at a time when they needed a seat on the board.
The court’s decision highlights the vast ignorance that exists between traditional authority structures such as the Ariki family and Western jurisprudence and people seeking justice. In many societies where traditional governance systems coexist with modern legal frameworks, this ignorance can lead to complex dynamics.
Who is responsible for the situation we are in now? I think the responsibility lies with those who think they are entitled to titles and those who also think they are entitled to titles. This is a personal issue and has nothing to do with titles.
You see, people have made this into a personal vendetta and they have all forgotten what is most important. This title has nothing to do with individuals, but everything to do with preserving and maintaining a cultural tradition as a symbol of unity.
Also read: Tangaroa declares Tamatoa Ariki legal after three-year legal battle
Letter: Ancient Customs and Western Law
Unfortunately, in this day and age, it is more about advancing the status of the individual at the expense of its people. I keep repeating that in terms of traditional titles, the individual is not important; the role is what matters. Unless they or their supporters keep up with the program, they will only be playing catch-up and falling further and further behind.
Look, the Cook Islanders really need to catch up and re-examine their ideas about traditional titles and how those roles are supposed to support the aspirations of their people. It doesn’t matter that a particular person aspires to or holds the role, because what matters more is what the role represents to the people, what it does, what it can do and why it exists. The problem is not the person; the person is just a figurehead, the title and the role are the problem. Wake up. If you can’t see that then you need to self-reflect.
So what we are seeing is a farce where people are smug because the court has ruled in their favor, not realizing that they have won a battle and lost a war. There will be no winners because by going to court they have decided that it is not for their children and their children’s children, the decision to go to court is purely for themselves. A total disregard for tradition to resolve this issue internally.
Write Kelly
Leaders
Cook Islands Progressive Party
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