Outsiders should not confuse it with bribery or corruption. Gift giving, it is sometimes said, is 'part of our culture'. "Ideas about 'culture' have often been used to explain, or excuse, acts of corruption. Corruption and the concept of "Culture": Evidence from the Pacific Islands. '"mweaka, moanei or ririwete" means, in accordance with Kiribati traditions and customs, the giving away or offering of a gift of a block of tobacco containing about 30 sticks of tobacco and not weighing more than 500g or its equivalent in cash of not more than $20.00 or such other higher figure as inflation may allow.'" Complete text: Pacific Islands Legal Information Institute. On 10 October 2002 s 3 of the Elections Ordinance (which contains a dictionary) was further amended by adding for the purposes of the Act the following definition: 'Provided further that any person making a customary offering to a Maneaba, referred to in Kiribati as "Mweaka", "Moanei" or "Ririwete", with the sole intention of showing respect for the customs and traditions of Kiribati, shall not be guilty of bribery'. On 29 December 1997 that section of the Ordinance was amended by adding a proviso: Section 24 describes conduct which is deemed to give rise to such an offence but the legitimacy of Mweaka has been preserved and recognised. The Elections Ordinance Pt III proscribes bribery and undue influence in connection with the election process.
However, one must be careful in making such comparisons in a social environment where people have very modest resources it is important for everyone to pay his way for participation in community activities and in funding personal services. This customary payment (often discreetly made by passing an envelope containing money) appears to bear some similarity to the practice in other countries for guests to bring a bottle of wine to a dinner party or barbecue. Custom demands that a visitor to a maneaba (the traditional meeting house) ought to mark the visit by a cash gift called 'mweaka'. The Court held that the acts denounced as bribery lacked a corrupt motive, clarifying the line between appropriate and inappropriate gift giving. In this case, the High Court of Kiribati analysed whether local customs requiring the making of gifts could be reconciled with electoral laws prohibiting bribery and treating. Exercises and case studies Regional perspective: Pacific Islands Region Exercise 1 (culture and corruption= Excerpt from Tatireta and Others vs.
0 kommentar(er)
