CUSTOMARY LAW & DISPUTE RESOLUTION
CUSTOMARY LAWS OF SOLOMON ISLANDS
Solomon Islands is a country of many cultures and customs. Natural resource Investors who are interested in Solomon Islands therefore must
have a fair idea of the cultures and customs of particular Islands. It is not-uncommon that difficulties arise mostly from discontent from resource
owners and investors lost investment and resources in attempting to resolve such discontents. We therefore wish to provide a glimpse from what
Whitlam K Togamae lawyers are native Isabel Islanders and know the Island culture and traditions. Chief Cecil Togamae, it's customary law
traditional dispute advisor has resolved disputes between tribes, families and individual Isabel basing on Isabel dispute resolution as practiced
from ages. His wealth of Isabel custom and more than 30 years of settling disputes earned him so much respect and a leader in the Isabel
community and he has so much to offer.
Land in Isabel is owned by tribe. There is more than just this simple customary law in Isabel. In the land there are resources, forests, rivers, the
land itself etc that stays within the land. In order to understand and identify the owners of the resources in Isabel Island, one must know the
main lineages in Isabel and how their ancestors moved around the Island. The traditional respect between in-laws, uncles, aunties,parents and
grandparents. One has to know which tribal blood he/she comes from, and which tribal blood he gives birth and nurtured.
There are three main lineages in Isabel, directly linked to three totemic birds-Parrot, Cuckatoo, and Eagle.The first one is Thauvia, the second is
Phosamogo, and the third is Nakmiru funei. This runs through the legislated boundaries of Isabel Province. Every Isabellian connects itself to
either of these. To this day, it is unimaginable for one to marry a person of the same lineage.
The land and resources are passed down matrilineal through the tribe. It belongs to every person to the tribe, however, every fruit trees Planted
or any other plants planted on the land belong to the planter. The planter do not have to be a member of the tribe owning the land. These
planted trees can be handed matrilineally if the mother plants them. If the father planted the trees then, unless the siblings of the planter give
thanks to the father before the trees can be passed to the siblings.
Who makes the decision over Land & Resources.The tribal ownership of the land poses the challenge to current developments such us Mining
or other form of major commercial ventures. An elder or leader of a tribe is not an absolute decision maker of the land and resources of the
tribe. This was the case in pre-Christian era but no longer today. The individual rights bestowed by the National Constitution. The availability of
Courts and it's dispute resolution process raised gives an avenue to ordinary members of the tribe to challenge the elders.