In some Pacific countries (particularly those in the Melanesian region), people who are suspected of practicing sorcery are killed (usually by the family members of the supposed victims). The people who are often suspected of, and killed, for sorcery are women. However, in PNG, a man and a thirteen-year-old boy were also killed after being suspected of performing sorcery.

All Pacific Constitutions recognise the right to life and to a fair trial. Under the Criminal Acts/Penal Codes of all Pacific countries, intentionally killing another person is illegal. However, sorcery/witchcraft is also an offence under criminal law in some Pacific countries.

1.Using the Powles minimum standards, analyse why the State Law does not operate to prevent this problem?

2.What could be done to bring the law and the social values closer together?

3.You are a judge on the Pacifica Supreme Court. Suppose the Constitution of Pacifica recognises the right to life and to a fair trial. Intentionally killing another person and witchcraft are offences under Pacifica'sPenal Code. Lotu appears before you in Court. Lotu lives in a rural village in Pacifica. He has been charged with the murder of Tevo, the local traditional healer. Lotu claims that he killed Tevo because she allegedly placed a curse on his wife, Tusi and his son, Paia.

What is your decision on the case? Explain the factors that you have taken into consideration when making your decision.