Postcolonial town planning in Commonwealth nations: A case study of the Solomon Islands - an agenda for change

This is the author's PDF version of an article published in The Round Table: The Commonwealth Journal of International Affairs© 2007. The definitive version is available at www.informaworld.comThe principal argument advanced in this paper is that spatial planning in the Solomon Islands has failed to deliver any substantive benefits and is therefore in urgent need of reform. The present model of planning, derived from a combination of colonial practice and legislation originating in the UK, does not add much, if any, value to the development process. The poor quality of planning in the Solomons cannot be seen in isolation. There are similar systems in use throughout much of the Commonwealth and anecdotal evidence suggests that the failings are widely duplicated. The Solomon Islands only appear exceptional in the extent to which other government systems have demonstrably broken down, following the 'Ethnic Tension' of 2000 - 03. The Regional Assistance Mission to the Solomon Islands (RAMSI) provides a unique opportunity for a review of the way in which planning operates. A number of issues are identified which any reformed system must address

Gender-related violence in the Solomon Islands: the work of local women's organisations

With its historical roots in the struggle for land and resources and the migration of ethnically diverse peoples, the Solomon Islands' crisis of 1998-2000 caused untold trauma and suffering for many people. Because of their gendered position in society, however, women were arguably more adversely impacted by the conflict than men. Many women were raped by members of both warring parties and many felt guilt and hopelessness when the social and economic impacts of the conflict restricted their ability to fulfill traditional gender roles and responsibilities

Constitutionalism and customary laws in Solomon Islands

Constitutionalism in Solomon Islands is dominated by the written Constitution, which imports a Westminster system and the common law tradition. However, as in other jurisdictions where customary communities are strong, constitutionalism involves more than state institutions and mechanisms. At independence, Solomon Islands proclaimed an allegiance to custom in its Constitution. As a consequence of this, and its colonial history, it has a plural legal system wherein State laws co-exist with customary laws. In this context, the challenge for the idea of constitutionalism may come not only from international developments, but also from the domestic sphere. This Chapter argues that, rather than being challenged by limits imposed at an international or supranational level, governmental power is being challenged by local initiatives designed to promote the authority of traditional leaders and the customary laws which they promulgate. It commences with some background on Solomon Islands and an overview of its systems of law and government to give context to the discussion. It then proceeds to explore the balance of relations in different spheres of positive law, both generally and in respect of judicial review, freedom of contract, and the hierarchy of norms. Discussion then moves to the dynamics of the relationship between different aspects of positive law. The place of international law in Solomon Islands, the approach of legal actors, resolution of conflicts and transconstitutional dialogue, and evolution of approach to constitutionalism and conflicting norms are considered. The last part of the chapter comments on the failure of legal reasoning and jurisprudence to evolve