Negotiating the Constitutional Conundrum: Balancing Cultural Identity with Principles of Gender Equality in Post-Colonial South Pacific Societies

This article explores the conflict between Indigenous customary law in the island states of the southwest Pacific and constitutionally enshrined human rights banning gender discrimination. The author argues that while some Pacific island states have ratified or acceded to written frameworks for the protection of gender equality rights through documents such as CEDAW, in practice, South Pacific nations have not upheld their obligations. The author discusses the status of women in South Pacific nations, illustrating the generally patriarchal customary norms in traditional societies. The author uses case law to demonstrate the difficulties women face in South Pacific customary and formal legal systems. The article concludes with suggestions for addressing the gender power imbalance in the court system.