Abstract
In recent
years, three states in the Middle East have worked to
develop new constitutions that aim to reflect new national
identities, following long periods of political instability
and conflict. In Palestine, Iraq, and Afghanistan, varying
means have been utilised to seek to ensure the constitutions
are grounded in the will of the people, however this has
been defined. Expressing the identity of the nation through
a constitution has been made even more problematic in these
cases, however, due to the legacies of colonialism in which
traditional ways of national organisation were fractured,
not only in the Middle East but across the colonised world.
Given the
shared inheritance of a colonial past, it might have made
sense if those involved in the recent constitutional
development of the three nations had looked to the last
major exercise of nation-forming, that took place from the
1960s to the 1980s in the remaining colonial territories in
the Pacific.
My paper
addresses one constitutional development exercise in
particular, that of Papua New Guinea, and attempt to draw
helpful comparisons with the more recent exercises in
Afghanistan, Iraq, and Palestine.
Nation Building
in the Pacific: Comparisons with the Middle East?
What lessons
can be drawn from one of the world’s most recent exercises
in decolonisation in the Pacific Island states for nations
in turmoil in the Middle East? Can the experiences of
people moving from years of colonisation be of value to
people who are attempting to rebuild their nations following
long periods of civil war, invasion, and strife? In this
paper, it will be suggested that it may be worthwhile to
examine some of the features of the political constitution
of the Pacific Island states when considering the situation
of states in the Middle Eastern region that have been
grappling and are continuing to grapple with ways of
constituting themselves in a post-colonial and post-conflict
era. It will suggest reasons for establishing an informed
dialogue between the two regions, rather than for the
traffic to be one-way only.
There are three
reasons for a more extended consideration:
-
States in the Pacific, and in
particular those societies in the southwest of the
region, including in Papua New Guinea and Solomon
Islands, are artefacts of the period of colonial
expansion by the European powers, and how they are
geographically constituted (their borders) is more of an
outcome of inter-power negotiations in the capitals of
Europe than a representation of pre-existing cultural
and social patterns. Much the same can be said about
the situation across the Middle East – and in particular
Iraq and the Arab states to its west.
-
Within each state in the Pacific, and
again most particularly in the southwest, the colonial
enterprise overlaid a structure of tribes, language
groups, and cultural practices that interacted in
shifting patterns of partnership and hostility with one
another - a product of the environment of islands and
isolated highland valleys that led to the creation of
small and distinctive social groups. Again, tribal,
cultural, social and religious differences have been a
characteristic of societies in the Middle East.
-
Finally, there is a need for wariness
with regard to a too-ready acceptance of the idea that
transmission of organisational and cultural concepts
should be one-way. The acknowledgement that the
highlands region of New Guinea is one of the first sites
for the independent beginning of agriculture – in the
world – put paid to the idea that understanding of plant
and animal domestication proceeded outwards from an
origin in the Fertile Crescent, and the lesson from this
should be that one should remain open to a two-way flow
of ideas.
This paper will
begin by situating the matter at hand in the discourse of
decolonisation and state formation around the world, before
going on to explore at greater length the particular
approach that was taken in the case of the largest Pacific
Island state, Papua New Guinea. It will conclude by seeing
what can be learned for those who are involved in
contemporary and indeed future exercises in constitutional
development and new state formation.
Decolonising in
the Pacific
The period
between 1962 and 1980 represents the last phase in the
history of decolonisation and nation forming, that began in
the late eighteenth century and especially characterised the
middle decades of the twentieth century.
Beginning with
Samoa in 1962 and ending with Vanuatu in 1980, the two
decades spanned the decolonisation and independence of
Nauru, Fiji, Papua New Guinea, the former Gilbert and Ellice
Islands, Solomon Islands, and the Marshall Islands. In each
case, the arrival of independence came with the development
of a constitution that was intended not only to establish
the new state and its various organs but to actually embody
it. This idea of a constitution that represents the
aspirations and beliefs of the citizens it constitutes of
course has a long and worthy provenance, as is shown in the
famous words that begin the Constitution of the United
States of America (‘We the people of the United States in
order to form a more perfect union, establish justice,
insure domestic tranquility, provide for the common defense,
promote the general welfare, and secure the blessings of
liberty to ourselves and our posterity, do ordain and
establish this Constitution for the United States of
America’).
Coming as it did at the end of the age of decolonisation,
the period of nation-forming in the Pacific can perhaps be
seen as also reflecting some of the lessons learned from the
preceding era of wholesale decolonisation in much of Africa
and Asia. This period, about which Harold Macmillan
famously observed ‘the wind of change’ in operation, saw a
dramatic surge in the number of colonies gaining
independence (in 1960 alone no fewer than seventeen new
nations joined the United Nations), but in many cases their
constitutions, which usually established a pluralist
democracy did not last long before being revoked, repealed,
or substantially amended. One reason for this short
shelf-life was the difficulty in finding an agreed means of
representing the disparate elements that constituted the new
nation. Coupled with the perceived urgency of
decolonisation, this meant that some voices were heard more
prominently than others, who, thus disenfranchised, sought
alternative means to exert their identity in the new nation
of which they were a part. In the most drastic of outcomes,
military coups and civil wars such as those in Congo and
Nigeria brought much suffering and have cast a long shadow
in terms of continuing patterns of disruption. The
experiences of newly independent states, especially those in
Africa, were not lost when the next wave of decolonisation
and constitution writing took place in the Pacific.
This was not,
of course, the first time that comparisons were drawn
between the new world of the South Pacific and the old world
of Africa. Much of the thinking that informed and shaped
colonial administrative practices, for example, was learned
in Africa, including the principles of indirect rule
championed by Frederick Lugard and based on his experiences
in Nigeria in the early part of the twentieth century. But
in this case, it was an example of what not to do that was
being learned.
What
characterised constitution making in the Pacific from the
early 1960s was a tendency that they should be
‘home-grown’. This was in contrast to the more widespread,
until then, practice of a new nation’s constitution for
independence being, firstly, the outcome of a collaboration
between the nationalist leaders and representatives of the
metropolitan power, and, as a result, dependent for its
legitimacy ultimately on the authority of that power’s
legislative body. So, for example, the Sierra Leone
(Constitution) Order in Council of 1958, or the Trinidad and
Tobago (Constitution) Order in Council of 1961, were both
instruments of the British Parliament. As the constitution
then provided the authority for all subsequent legislation
of the new state, this legislation was similarly dependent
ultimately on the British Parliament.
In the Pacific,
a more varied approach to forming, and then adopting, an
independence constitution was evident. Beginning with
Samoa, which achieved independence in 1962 after two
conventions (in 1954 and 1960) and a UN – sponsored
plebiscite in 1961, and concluding with Vanuatu, where moves
towards independence were complicated by the history of
joint colonisation by Britain and France and came about in
1980 following protracted negotiations in Paris, a range of
methods were followed. However in every case, at least some
attention was paid to making it clear that the constitution
– and hence the state it represented – was rooted in its own
soil, or to use the legal word, was autochthonous. This is
most obvious in the preambles to the various constitutions,
which contain words like these, taken from the Republic of
Kiribati:
We the
people of Kiribati,
acknowledging God as the Almighty Father in whom we put
our trust, and with faith in the enduring value of our
traditions and heritage, do now grant ourselves
this Constitution establishing a sovereign democratic
State.
Or these, from
Papua New Guinea:
WE, THE
PEOPLE, do now establish
this sovereign nation and declare ourselves,
under the guiding hand of God, to be the Independent
State of Papua New Guinea.
Just why
phrases such as these made it into each constitution is a
question of some interest, and it is even more so for the
Pacific Island states whose constitutions came about more or
less autochthonously. Of these, the example that I believe
is most illustrative is that of Papua New Guinea, whose
independence arrived in 1975, at approximately the mid-point
of the decolonisation era in the Pacific.
The case of
Papua New Guinea
The area of
land and sea that came to be the independence state of Papua
New Guinea has been occupied, it is thought, for around
60,000 years, and there is evidence of agricultural activity
from around the same time as in the Middle East and central
Asia. Although it was known to early Portuguese and Spanish
explorers European colonisation did not occur until from the
second half of the nineteenth century, when the eastern half
of the large island of New Guinea was claimed by initially
Germany and then by Great Britain (the western half was
controlled by the Sultan of Tidore and then the Dutch).
Following
Federation in 1901, Australia took over responsibility from
Britain of its territory in New Guinea, and assumed further
responsibility under the League of Nations for the former
German colony after the First World War. From then until
1975, the eastern half of New Guinea was administered by
Australia as the Territory of Papua and New Guinea (later
Papua New Guinea).
Papua New
Guinea is a geographically intimidating place, with high
mountain ranges – some of which are snow capped, in a
country only 6 degrees south of the equator – and islands
separated by wide sea channels. Situated amid the Pacific
‘rim of fire’, it suffers from the effects of seismic
turbulence including volcanic eruptions, earthquakes, and
tsunamis. With more than 800 languages, the 5.8
million-strong population is probably the most diverse on
earth. Prior to European colonisation, there were complex
interrelationships among its many tribes and language
groups, with sophisticated trading and marriage links that
traversed the highlands to the coast and from island to
island. Despite this, there was little sense of a shared
body or ‘imagined community’, and this situation continued
right up until independence in the 1970s.
The decision
for independence, Australia’s Prime Minister at the time
made clear, ‘was about Australia, and Australia’s view of
her own proper place in the world’ (Whitlam 1973) and was
not a response to a mature nationalist independence movement
(such as was the case in many other colonies). Like
decolonisation elsewhere in the Pacific, it was a late
product of the ‘wind of change’ described in 1960 by
Macmillan and was an artefact as much as anything of the
Declaration on the Granting of Independence to Colonial
Countries and Peoples and the United Nations Trusteeship
Council. By and large, it did not reflect the will of the
people, judging at least by the reception given to the
series of visits by the Trusteeship Council during the 1960s
– one response being that ‘if people from Russia and Liberia
said the Territory was ready for independence they were
lying to God’ (United Nations Trusteeship Council 1968).
Nevertheless,
independence was inevitable. The challenge for the small
number of Papua New Guinean nationalists and the Australian
administration involved fostering a sense of shared national
identity - indeed the ‘imagined community’ described by
Anderson (1983) – that would be most likely to prevent the
geographical entity constructed by colonialism from breaking
apart once the unifying ‘glue’ of the colonisers had
departed.
The response to
this challenge was one that was learned, at least to some
extent, from some of the negative experiences from the
earlier wave of decolonisation. Rather than the state being
constituted through a dialogue between a relatively small
band of indigenous political leaders and civil servants in
the colonial office, it was decided that it should be
grounded in the native soil and given its authority by
representing as far as possible the wishes of the people
themselves. Only by doing this, it was considered, would it
be possible for the people, many if not most of whom were
uncomfortable with the idea of independence, to embrace the
national project.
There was
another very strong reason for taking this course that was
less of a negative reaction to earlier experience and more
of a response to the type of cultural and political
structures in existence in Papua New Guinea.
Anthropologists have long identified that societies in the
western Pacific are predominantly egalitarian in nature,
with decisions made by consensus after a period of debate
which in theory at least is open to all group members. An
Australian Minister (Paul Hasluck) described what he saw of
this during the 1950s using the rather uncomplimentary
phrase ‘government by jabber’ (Hasluck 1976):
I saw
something of it. The men sat around talking. They all
seemed to be talking at once. Voices rose in excitement
or they subsided to murmurs. The jabbering often went
on for hours. Then all at once as though someone had
said, ‘Well, that’s it. Let’s go’, the confabulation
ceased. They were of one mind - unless someone started
the jabber again.
Of course a
Papua New Guinean observer of the Minister in parliament at
the time might have seen the same type of behaviour.
Nonetheless, Hasluck saw the consensual approach to decision
making that was characteristic of many social groupings in
Papua New Guinea. In order to gain commitment to an outcome
as dramatic as independence in a national union with others
who were at best unknown and at worst traditional enemies,
it was going to be necessary to harness this ‘government by
jabber’. And so the consultation process was born.
In practice,
this meant a large and at times unwieldy exercise involving
more than 600 meetings of what were called ‘discussion
groups’ around the Territory over an eighteen month period
from early 1973. It was made clear in initiating the
program of meetings that discussion was to be directed along
specified lines, and was driven by a series of discussion
papers that covered topics from citizenship, relations
between levels of government, to the head of state and
emergency powers. Records of the discussions were kept and
used in the preparation of the report that led to the
constitution.
As the
discussion program unfolded it became apparent that the
opportunity for debate permitted Papua New Guineans to
explore and begin the own the idea of the nation itself.
This was intended by those responsible for crafting the
process. By tapping into a pattern of discursive decision
making that had, up until then, been the default approach to
matters concerning the traditional social unit – the tribe,
or more usually the clan or the village group – the framers
of Papua New Guinean independence cleverly made this strange
and new concept of the nation in some ways normal and
commonplace. The approach taken here had some resonance
with Habermas’ concept of discourse ethics, especially in
its emphasis on communication frameworks within societies,
as well as harking back to the more well-known Enlightenment
understandings of rationality and universality (Flyvbjerg
1998). At the time, it was regarded as representing a
bridge of shared understanding between the tribal societies
of Papua New Guinea and the western democratic tradition,
particularly as represented by Westminster (indeed this
formed the context for contemporary political analysis such
as Osmar White’s Parliament of a Thousand Tribes
(1972) or Les Johnson’s unpublished manuscript
Westminster in Moresby (1984)).
In seeking
views, for example, on citizenship, the discussion papers
that informed the discussion group exercises explored
people’s understanding of their relationship with the
state. This was done in a perfectly simple way, by asking
the question ‘how can we decide who is a citizen?’, which
was often answered in the negative, by attempting to define
who would not be a citizen following independence:
white people, for example, or those who do not contribute to
the economic wealth of the community. In excluding some
people from the national enterprise it was a relatively
short step to acknowledging who would be included – and in
so doing, to begin to recognise the common characteristics
of the people from the various tribes and smaller groups who
were to be part of it.
The period from
the start of the discussion exercise to eventual
independence was relatively brief – a matter of two and a
half years at most. At the time attention was paid to
addressing some of the more pressing challenges involved
with making the transition from dependent colony to
independent state, most prominently perhaps the attempt to
ensure a secure stream of revenue and financial support.
But the program of consulting the people in such a
widespread and systematic way also meant that the idea of
the nation grew to be accepted and owned by them, in such a
way that allowed independence, when it came in 1975, to be
shared and celebrated by all. Now thirty three years
afterwards, and despite many serious economic and social
challenges that have confronted the new state, it retains
the constitution that it granted itself at independence, a
highly unusual feat among former colonial territories.
Relevance to
the Middle East?
What is there
of relevance to a dialogue between the Asia Pacific – in
this case, specifically the Pacific – and the states of the
Middle East in all this? Well, to return to this paper’s
introduction, it can be argued that the new states in the
Pacific share a history of colonial interference with them,
with the outcome of national boundaries being laid out in
what appeared to be an arbitrary manner, which paid little
heed to long-lasting patterns of alliance and enmity. In
particular, the reshaping that has taken place – indeed
still is in progress – following armed confrontation in
Afghanistan and Iraq, as well as the continuing attempts to
establish a meaningful state in Palestine has led to
consideration of ways for these states to constitute
themselves for a peaceful future. Again, in each case there
has been a tension between the ideals and tenets of a
western democratic system – Westminster or Washington – and
the underlying, localised and perhaps more accepted ways of
political organisation. It has not been at all easy to
establish a western-style democracy in any of the three
nations mentioned.
I believe that
the principal lesson in terms of comparison between the
states of the Pacific and those of the Middle East might be
that of involvement and a sense of ownership of the
enterprise. While in the Pacific – with the prominent
exception of Fiji – there has been a high degree of
constitutional stability since the decolonisation era, this
was by no means a self-evident conclusion, given the almost
complete lack of a sense of national unity in each of the
colonial territories. How could it be otherwise,
considering the environmental and linguistic barriers? Put
simply, seeking not just the views of the people but making
them a part of the decision making process itself was a
mechanism that helped to ensure the healthy future of the
democratic project.
There have been
attempts in both Afghanistan and Iraq to achieve this,
through the establishment of constitution commissions and
traditional decision making entities such as the Afghani
Loya jirga. However it has proved difficult for the
governments set up as part of the constitutional development
process to maintain legitimacy and problems have continued
to be evident where significant parts of each state pay
little if any regard to the actions of the established
authority (problems of legitimacy are inherent in the
continuing occupation in each country by foreign military
forces, of course). In the case of Palestine, attempts to
secure legitimacy for the draft constitution and the Basic
Law face serious challenges from a range of fronts and it is
hard to see a time when these might be satisfactorily seen
off. The problems in all three states (or quasi-states) are
manifold and serious, without doubt.
In this paper,
I have hoped to suggest that there is room for a two-way
dialogue that connects the people of this region – broadly
defined as the Asia Pacific – and those in the Middle East,
in particular those in the damaged states of Afghanistan,
Iraq and Palestine. Faced with challenges of state
formation and political legitimacy, people in the Pacific
were brought into their resolution in what has been called
in other discussions a ‘Pacific Solution’, and I hope that
the brief recounting of how this was accomplished in the
Pacific state of Papua New Guinea might be of some help to
others who are dealing with similar challenges.
Flyvbjerg, B.
(1998). ‘Habermas and Foucault: thinkers for civil
society?’ British Journal of Sociology. Volume 39,
Issue no. 2: 210-33.
White, O.
(1972). Parliament of a thousand tribes: Papua New
Guinea, the story of an emerging nation. Melbourne:
Wren.