Book contents
- Women and the Judiciary in the Asia-Pacific
- Women and the Judiciary in the Asia-Pacific
- Copyright page
- Contents
- Figures
- Tables
- Preface
- Contributors
- Abbreviations
- 1 The Feminisation of the Judiciary in the Asia-Pacific
- 2 ‘To Join the Bench and Be Decision-Makers’
- 3 Reframing Feminist Imperatives in Adjudication through a Reading of Sri Lankan Jurisprudence
- 4 Women in the Thai Judiciary
- 5 The Promise and Paradox of Women Judges in the Judiciary in Indonesia
- 6 Filipino Women Judges and Their Role in Advancing Judicial Independence in the Philippines
- 7 One Decade of Female Judges in the Malaysian Shariah Judiciary
- 8 Gender on the Bench Matters for Sustainable Development
- 9 Feminising the Indian Judiciary
- 10 Concluding Remarks
- Index
- References
2 - ‘To Join the Bench and Be Decision-Makers’
Women Judges in Pacific Island Judiciaries
Published online by Cambridge University Press: 21 October 2021
Edited by
Book contents
- Women and the Judiciary in the Asia-Pacific
- Women and the Judiciary in the Asia-Pacific
- Copyright page
- Contents
- Figures
- Tables
- Preface
- Contributors
- Abbreviations
- 1 The Feminisation of the Judiciary in the Asia-Pacific
- 2 ‘To Join the Bench and Be Decision-Makers’
- 3 Reframing Feminist Imperatives in Adjudication through a Reading of Sri Lankan Jurisprudence
- 4 Women in the Thai Judiciary
- 5 The Promise and Paradox of Women Judges in the Judiciary in Indonesia
- 6 Filipino Women Judges and Their Role in Advancing Judicial Independence in the Philippines
- 7 One Decade of Female Judges in the Malaysian Shariah Judiciary
- 8 Gender on the Bench Matters for Sustainable Development
- 9 Feminising the Indian Judiciary
- 10 Concluding Remarks
- Index
- References
Summary
Studies of women in leadership in the Pacific tend to focus on the under-representation of women in the political branches of government. The number and role of women in the judicial branch has received less attention. Male judges outnumber women judges across the region, but the reasons for this, and its implications, have not been the subject of detailed study. Pacific judiciaries share many features with judiciaries in Asia and beyond. However, the context of small, island, developing states shapes the experiences of Pacific women and Pacific judges in distinctive ways. This chapter provides a history and comparative analysis of the appointment of women judges in the Pacific, focusing on the nine independent Commonwealth states of Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. It presents empirical data on the composition of the superior courts in these states, including judges’ gender and professional background. It examines how the criteria and processes for judicial appointment – including the distinctive use of foreign judges – affect the appointment of women to the judiciary. Finally, the chapter explores how judging in the Pacific might be gendered by examining high profile cases in which women judges have presided.
- Type
- Chapter
- Information
- Women and the Judiciary in the Asia-Pacific , pp. 29 - 65Publisher: Cambridge University PressPrint publication year: 2021
References
Adlam, Geoff. 2015. ‘New Zealand’s Judiciary and Gender’, 11 November, New Zealand Law Society, www.lawsociety.org.nz/practice-resources/research-and-insight/practice-trends-and-statistics/new-zealands-judiciary-and-gender.Google Scholar
Baker, Kerryn. 2019. Pacific Women in Politics: Gender Quota Campaigns in the Pacific Islands. Honolulu: University of Hawai’i Press.Google Scholar
Baker, Kerryn. 2018. ‘Great Expectations: Gender and Political Representation in the Pacific Islands’. Government and Opposition 53(3): 542–568.Google Scholar
Barmes, Lizzie and Malleson, Kate. 2018. ‘Lifting the Judicial Identity Blackout’. Oxford Journal of Legal Studies 38(2): 357–381.Google Scholar
Betham-Annandale, Mareva. 2014. ‘A Word From …’. 9 newSPLAsh: Women in Law in the South Pacific 2.Google Scholar
Bilimoria, Nilesh N. 2017. ‘Choices for the South Pacific Region’s Bar Associations and Law Societies?’ In Small States in a Legal World, edited by Butler, Petra and Morris, Caroline, 247. Cham: Springer International Publishing.Google Scholar
Brennan, Bridget. 2015. ‘Vanuatu MPs Sent to Jail on Bribery Charges’, 22 October, ABC Radio, PM program, www.abc.net.au/pm/content/2015/s4337030.htm.Google Scholar
Briguglio, Lino. 1995. ‘Small Island Developing States and Their Economic Vulnerabilities’. World Development 23(9): 1615.CrossRefGoogle Scholar
Cook, Rebecca J. and Cusack, Simone. 2010. Gender Stereotyping: Transnational Legal Perspectives. Philadelphia: University of Pennsylvania Press.Google Scholar
Corbett, Jack and Liki, Asenati. 2015. ‘Intersecting Identities, Divergent Views: Interpreting the Experiences of Women Politicians in the Pacific Islands’. Politics & Gender 11(2): 320.Google Scholar
Corrin, Jennifer. 2014. ‘Getting Down to Business: Developing the Underlying Law in Papua New Guinea’. The Journal of Legal Pluralism and Unofficial Law 46(2): 155.Google Scholar
Corrin Care, Jennifer. 2006. ‘Negotiating the Constitutional Conundrum: Balancing Constitutional Identity with Principles of Gender Equality in Post-Colonial South Pacific Societies’. Indigenous Law Journal 5: 51.Google Scholar
Daia-Bore, Julia. 2011. ‘Papua New Guinea’s Davani Is First Local Woman National Judge’, 7 February, The National, www.pireport.org/articles/2001/02/08/papua-new-guineas-davani-first-local-woman-national-judge.Google Scholar
Dawuni, Josephina Jarpa. 2018. ‘Achieving Gender Parity in International Courts and Bodies: Does Diversity Matter?’, 3 February, IntLawGrrls, https://ilg2.org/2018/02/03/achieving-gender-parity-in-international-courts-and-bodies-does-diversity-matter.Google Scholar
Escobar-Lemmon, Maria C., Hoekstra, Valerie, Kang, Alice J. and Kittilson, Miki Caul. 2019. ‘Appointing Women to High Courts’. In Research Handbook on Law and Courts, edited by Sterett, Susan M. and Walker, Lee Demetrius, 200. Cheltenham: Edward Elgar.Google Scholar
Etherton, Terence. 2010. ‘Liberty, the Archetype and Diversity: A Philosophy of Judging’. Public Law [2010]: 727.Google Scholar
Farran, Susan. 2009. Human Rights in the South Pacific: Challenges and Changes. London: Routledge-Cavendish.Google Scholar
Fiji Women’s Crisis Centre. 2013. Somebody’s Life, Everybody’s Business. Suva: Fiji Women’s Crisis Centre.Google Scholar
Forsyth, Miranda. 2009. A Bird That Flies with Two Wings: The Kastom and State Justice Systems in Vanuatu. Canberra: ANU Press.Google Scholar
Forsyth, Miranda and Batley, James. 2016. ‘What the Political Corruption Scandal of 2015 Reveals about Checks and Balances in Vanuatu Governance’. Journal of Pacific History 51(3): 255.Google Scholar
Government of Nauru. 2014. ‘Nauru Supreme Court Resumes Proceedings’, 18 September, Nauru Bulletin 2.Google Scholar
Graham, Barbara L. 2004. ‘Toward an Understanding of Judicial Diversity in American Courts’. Michigan Journal of Race & Law 10: 153.Google Scholar
Graycar, Reg. 2008. ‘Gender, Race, Bias and Perspective: OR, How Otherness Colours Your Judgment’. International Journal of the Legal Profession 15(1–2): 73.Google Scholar
Graycar, Regina and Morgan, Jenny. 2002. The Hidden Gender of Law, 2nd ed. Annandale: Federation Press.Google Scholar
Honig, Bonnie. 2001. Democracy and the Foreigner. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
Huffer, Elise. 2006. ‘A Woman’s Place Is in the House – The House of Parliament’. In Report 1: Desk Review of the Factors Which Enable and Constrain the Advancement of Women’s Political Representation in Forum Island Countries. Suva: Pacific Islands Forum Secretariat.Google Scholar
Hunter, Rosemary. 2015. ‘More Than Just a Different Face? Judicial Diversity and Decision-Making’. Current Legal Problems 68(1): 119.CrossRefGoogle Scholar
International Development Law Organization. 2018. ‘Advice from Justice Doherty to Women: “Take Any Chance You Get”’, www.idlo.int/news/highlights/advice-justice-doherty-women-take-any-chance.Google Scholar
Irving, Helen. 2008. Gender and the Constitution: Equity and Agency in Comparative Constitutional Design. Cambridge: Cambridge University Press.Google Scholar
Jalal, P. Imrana. 1998. Law for Pacific Women: A Legal Rights Handbook. Suva: Fiji Women’s Rights Movement.Google Scholar
Jerome, Wendy. 2017. ‘Women Can Always Match the Stride’. In My Walk to Equality: Essays, Stories and Poetry by Papua New Guinean Women, edited by Bell, Rashmii Amoah, 167. Hervey Bay: Pukpuk Publications.Google Scholar
Jivan, Vedna and Forster, Christine. 2007. Translating CEDAW into Law: CEDAW Legislative Compliance in Nine Pacific Island Countries. Suva: UNDP Pacific Centre and UNIFEM Pacific Regional Office.Google Scholar
Kama, Bal. 2016. ‘Understanding Judicial Responses to Political Stability: A Case Study of Vanuatu and Papua New Guinea’, 23 November, presented at the Pacific Constitutions Research Network Conference: Port Vila, www.paclii.org/pcn/publications2.html.Google Scholar
Kay, Fiona and Gorman, Elizabeth. 2008. ‘Women in the Legal Profession’. Annual Review of Law and Social Science 4: 299.Google Scholar
Kenneth, Gorethy. 2016. ‘Tribute to Justice Catherine Davani’, 15 November, Post Courier, https://postcourier.com.pg/tribute-to-justice-catherine-davani.Google Scholar
Kiefel, Susan and Saunders, Cheryl. 2015. ‘Concepts of Representation in Their Application to the Judiciary in Australia’. In Fair Reflection of Society in Judicial Systems: A Comparative Study, edited by Turenne, Sophie, 41. Cham: Springer International Publishing.Google Scholar
Law Council of Australia. 2017. ‘Women Outnumber Men in the Legal Profession for the First Time – but Not in Senior Ranks’, 19 July, www.lawcouncil.asn.au/media/news/women-outnumber-men-in-the-legal-profession-for-the-first-time-but-not-in-senior-ranks.Google Scholar
Mafileo, Vea. (director) 2018. ‘Daughters of the Migration: Judge Ida Malosi’, Coconet TV, www.thecoconet.tv/coco-series/im:10801/daughters-of-the-migration-judge-ida-malosi.Google Scholar
McDonnell, Siobhan. 2015. ‘Dirty Politics in Vanuatu’, 14 October, ANU College of Asia & the Pacific, http://asiapacific.anu.edu.au/news-events/all-stories/dirty-politics-vanuatu.Google Scholar
McLeod, Abby. 2015. Women’s Leadership in the Pacific. Birmingham: Developmental Leadership Program.Google Scholar
Menkel-Meadow, Carrie. 1989. ‘Exploring a Research Agenda of the Feminization of the Legal Profession: Theories of Gender and Social Change’. Law and Social Inquiry 14(2): 289.Google Scholar
Monson, Rebecca. 2017. ‘The Politics of Property: Gender, Land and Political Authority in Solomon Islands’. In Kastom, Property and Ideology: Land Transformations in Melanesia, edited by McDonnell, Siobhan, Allen, Matthew G and Filer, Colin, 383. Canberra: ANU PressGoogle Scholar
Neill, Rosemary. 2013. ‘Ladies Dispense Tough Justice’, 29 June, The Australian, www.theaustralian.com.au/news/inquirer/ladies-dispense-tough-justice/news-story/4e2158624d94591a036020a011b54ccf.Google Scholar
New Zealand Law Commission. 2006. Converging Currents: Custom and Human Rights in the Pacific, Study Paper No. SP17.Google Scholar
New Zealand Law Society. Undated. ‘By the Numbers’, www.lawsociety.org.nz/law-society-services/women-in-the-legal-profession/by-the-numbers.Google Scholar
O’Brien, Patricia. 2014. ‘Gender’. In Pacific Histories: Ocean, Land, People, edited by Armitage, David and Bashford, Alison, 282. Basingstoke: Palgrave Macmillan.Google Scholar
Pacific Islands Law Officers’ Network. 2017. ‘Obituary: Justice Catherine Davani’. Talanoa 7: 11.Google Scholar
Pacific Judicial Development Programme. 2015. 2014 Court Trend Report (Federal Court of Australia and New Zealand Ministry of Foreign Affairs and Trade).Google Scholar
Pacific Judicial Development Programme. 2013. 2012 Court Trend Report (Federal Court of Australia and New Zealand Ministry of Foreign Affairs and Trade).Google Scholar
Pacific Judicial Development Programme. 2012. 2011 Court Baseline Report (Federal Court of Australia and New Zealand Ministry of Foreign Affairs and Trade).Google Scholar
Pacific Women Shaping Pacific Development. 2017a. ‘Ending Violence against Women: Roadmap Synthesis Report’, https://pacificwomen.org/key-pacific-women-resources/pacific-women-ending-violence-women-roadmap-synthesis-report.Google Scholar
Pacific Women Shaping Pacific Development. 2017b. ‘Ending Violence against Women’, https://pacificwomen.org/our-work/focus-areas/ending-violence-against-women.Google Scholar
Rackley, Erika. 2013. Women, Judging and the Judiciary: From Difference to Diversity. Abingdon: Routledge.Google Scholar
Radio New Zealand. 2008. ‘Solomons First Woman Judge Seen as Role Model’, 19 June, www.rnz.co.nz/international/pacific-news/177803/solomons-first-woman-judge-seen-as-role-model.Google Scholar
Rau, Linda. 2011. ‘Village Courts in PNG’, 26–28 October, presented at the State Supported Community Justice Workshop: Honiaria, http://siteresources.worldbank.org/INTJUSFORPOOR/Resources/LRau.pdf.Google Scholar
Rosenbaum, Alana. 2014. ‘The Women of Papua New Guinea’s Village Courts’, The Monthly, www.themonthly.com.au/issue/2014/august/1406815200/alana-rosenbaum/women-papua-new-guinea%E2%80%99s-village-courts.Google Scholar
Samoa Observer. 2019. ‘Justice Tuatagaloa: NZ Prime Minister’s Fellow’, 8 February, www.samoaobserver.ws/category/samoa/34622.Google Scholar
Saunders, Rebecca. 2003. The Concept of the Foreign: An Interdisciplinary Dialogue. Lanham, MD: Lexington Books.Google Scholar
Scutt, Jocelynne. 2014. ‘Human Rights, “Arranged” Marriages and Family Law: Should Culture Override or Inform Fraud and Duress?’ Denning Law Journal 26: 62.Google Scholar
Sirivi, Josephine Tankunani and Havini, Marilyn Taleo. 2004. As Mothers of the Land: The Birth of the Bougainville Women for Peace and Freedom. Sydney: Pandanus.Google Scholar
Slatter, Claire. 2010. ‘Gender and Custom in the South Pacific’. Yearbook of New Zealand Jurisprudence 13 & 14: 89.Google Scholar
Shameem, Nazhat. 2012. ‘Gender, Justice, and Judges’, 14 June, speech to the Fiji Judiciary Criminal Law Workshop for Judges and Magistrates, www.leadershipforwomen.com.au/nazhat-shameem-2.Google Scholar
Soroptimists Club. 2008. ‘Interview with Justice Nazhat Shameem’, 10 May, Lautoka, http://intelligentsiya.blogspot.com/2012/02/nazhat-shameems-icc-dreams-finally.html.Google Scholar
South Pacific Lawyers Association (SPLA). 2014. Women in the Law in the South Pacific: Survey Report.Google Scholar
Thornton, Margaret. 2007. ‘Otherness on the Bench: How Merit Is Gendered’, Sydney Law Review 29: 391.Google Scholar
United Kingdom Parliament Constitution Committee. 2012. 25th Report: Judicial Appointments, 7 March.Google Scholar
United Nations. 2015, World Population Prospects: The 2015 Revision. Department of Economic and Social Affairs, Population Division, http://esa.un.org/unpd/wpp.Google Scholar
University of Waikato. Undated. ‘A New Judge in Samoa’, Alumni @ Waikato. https://alumni.waikato.ac.nz/profiles/a-new-judge-in-samoa.Google Scholar
Va’ai, Asiata. 1997. ‘The Idea of Law: A Pacific Perspective’. Journal of Pacific Studies 21: 225.Google Scholar
Vanuatu Women’s Centre. 2012. Program against Violence against Women: Progress Report 1, https://dfat.gov.au/about-us/publications/Documents/vanuatu-womens-centre-progress-report-1.pdf.Google Scholar
Wale, Rose. 2004. Solomon Islands: Status of Women, 2002–2003. Suva: Pacific Foundation for the Advancement of Women.Google Scholar
Zorn, Jean. 2016. ‘Translating and Internalising International Human Rights Law: The Courts of Melanesia Confront Gendered Violence’. In Gender Violence & Human Rights: Seeking Justice in Fiji. Papua New Guinea & Vanuatu, edited by Biersack, Aletta, Jolly, Margaret and Macintyre, Martha, 229. Canberra: ANU Press.Google Scholar
Zorn, Jean. 2012. ‘Engendering Violence in the Papua New Guinea Courts: Sentencing in Rape Trials’. In Engendering Violence in Papua New Guinea, edited by Jolly, Margaret, Stewart, Christine and Brewer, Carolyn 263. Canberra: ANU Press.Google Scholar