Meditations from Micronesia: Law in the Pacific

Showing posts with label Law in the Pacific. Show all posts

Sunday, March 15, 2009

A Question from California

A young lawyer wrote me recently from California. I thought I might share it.

~Rob

To: rob weinberg
Sent: Saturday, March 14, 2009 9:04:07 AM
Subject: Question Re: Your Experience with the AG in Pohnpei, FSM

Dear Rob,

I am an attorney in California. I have recently been offered a position in the FSM's AG office, and I am strongly considering taking the offer. I have previously lived overseas in a developing island nation, so I have a little familiarity with the culture shock that comes with such a move. However, I also know that Pohnpei is its own unique place, and because of that, one can never truly prepare for such an experience.

I wanted to tell you that your blog is a fascinating read. It has given me more of an inside look into Pohnpei than any of the travel books or other internet sources that I have read.

I also have some questions regarding the job itself. I know you stated that it was like the Wild West out there, but how would you rate the quality of the projects that you were given? Also, what was the typical workload for an attorney in the office? Finally, because I am a newbie attorney who would essentially be learning on the fly in whatever job I held, what type of mentoring, if any, does one receive in that office?

Thank you in advance for your help, as any feedback is greatly appreciated.

Sincerely,
Michael

Date: Sat, 14 Mar 2009 02:23:18 -0700 (PDT)
From: Rob Weinberg
Subject: Re: Question Re: Your Experience with the AG in Pohnpei, FSM

Dear Michael:

What a pleasant surprise and request. Where to begin....

When I first arrived in Pohnpei in June 2003, and I doubt it's changed, it was six lawyers plus the AG, three on the litigation side, civil and criminal; three on the “law” writing opinions, drafting, and advising agencies. The AG himself spent a lot of time in the President's Office, especially giving the president political advice on dealing with the Congress or various departments, or foreign nations or the United States.

All the lawyers I knew and worked with in Pohnpei are now gone from the FSM, but that's not a reflection on the FSM. It's more a reflection of the expatriate mentality that draws people out this way, and sends them on their way to other adventures. They come; they go; some, only a few, stay and start families.

Let me say also that of the lawyers I knew on Pohnpei, one or two remain very close friends of mine. For a while, after I left Pohnpei, and after I came to Guam, a few of the friends I made and I were leap-frogging one another around Micronesia – from Pohnpei to Guam to Saipan, and in my case back to Guam. Perhaps the best friend I have, I met in Pohnpei, is now in Saipan looking to get back to Guam, but only because the economy in the CNMI is so difficult right now. If you tell me who you've been talking to, I may be able to get you some information about what kind of lawyers they are and what the office may be like today from an old contact who was the AG when I was there and is living in Washington State now. I am not familiar with the current Secretary of the Department of Justice, if it is still Maketo Robert, who appears on http://www.fsmgov.org/ngovt.html.

Working in a six or seven-lawyer office for an entire country can be extremely rewarding, if you have the right attitude. My view is that you're there to help them "be all that they can be," to guide them along the path they choose to true sovereignty and independence, not to foist your (colonial) attitudes on them or what you think they ought to be doing based upon your standards of how we do things stateside. As an attorney, my philosophy is that you are there to serve, and to bring your experience base to their justice system, which is modeled on ours. Their mileage may vary. And that’s OK. With the right attitude, you’ll gain the respect of your peers and the people you’re working for, and it can be a very rewarding experience.

Just so you know about other lawyers outside the office you may be running into, there were also a couple of other off-island lawyers attached to the courts as law clerks from the States (judges are not necessarily lawyers); a lawyer advising the FSM Congress; and a lawyer attached to another department like Commerce or Finance or something. There are only a handful of other lawyers in private practice that you regularly encounter, as well as a few from Micronesia Legal Services. All of the above are American. Very few lawyers are “home grown.” The couple that are from the FSM who practice law are from Kosrae, for some reason. [Editor's Note: The current Secretary of the Department of Justice is originally from Chuuk. He received a Bachelor of Arts degree from the College of Guam, now the University of Guam, and later graduated from California Western School of Law with a juris doctor degree.]

The diversity of issues you'll encounter is more than just civil and criminal litigation or advising local officials on routine legal matters. The job advertisement is no puffery in that respect. You’ll be shaping their very image of themselves on how to be a government. The projects you’ll be involved with are not merely the run of the mill legal issues you encounter in a state attorney general's office or district attorney's or city attorney's office, which are interesting enough in and of themselves; you will also encounter and deal with international issues involving immigration, fishing rights, territorial zones, and contractual relations with countries making investments in the FSM such as China, Japan and Taiwan. You'll meet and work with people like engineers and diplomats from Australia, and of course, the United States. Just in terms of purely “domestic” issues, you may be handling a boundary dispute or easement in court one day, defense of public officials in a civil rights action or breach of contract case in another, criminally prosecuting corrupt public officials another, and drafting contracts and agreements, legislation and administrative rules and regulations yet another. There is likely not a course in law school you will not have an opportunity to put to use. And there’ll be a few you’d wish you’d taken as well.

As to the statement in my blog that practicing law in the FSM was like the wild, wild west, my thinking was this: As far as lawyers you'll encounter, it's like the days of Judge Roy Bean: the ones with the law books make the law (or try to). When I was there, the FSM AG's Office had no access to Westlaw or Lexis. I expect that's changed by now. I know I tried desperately to change it while I was there. We literally did legal research via Google on the Internet. (And nowadays that's almost a workable thing with so many courts online.) The FSM Supreme Court has a law library, but the books were packed together in humidity so bad that if you can even get them off the shelves, you can't get them to open. Reporters and Digests and hard bound Shepard's Citations are 10 - 15 years out of date. Lawyers on the other side of, for example, a civil rights case may cite law that's 20 years old from some inconsequential jurisdiction in the U.S. (like a 1984 district court opinion from Kansas) as "precedent" and the local judges (again, not "learned in the law" necessarily) may think it's got some value. So, you've got to be on your toes when dealing with the lawyers over there. And something I found fascinating was how traditional or local law was incorporated in the judicial decision-making whenever possible or appropriate, especially in criminal, property, and probate law.

At the same time that you have to watch the lawyers on the other side in every little thing (which is what we do anyway), there’s a wealth of opportunity to influence the direction of the law, as there is so little precedent there, and they are lacking in the adoption of a lot of the model codes we take for granted here, whether in property and estate law, bankruptcy and debtor-creditor relations, taxation, juvenile justice, family law, whatever. The fields for legislation are wide open. Precedent from anywhere is fair game to be cited if it sounds remotely applicable.

As to being a “newbie” attorney and looking for mentoring, I doubt that you will find mentoring you might be looking for. But it’s a very good question. The truth is: You’re there to mentor others, especially the clients. If you have ten years’ experience, you’ve probably got plenty of skills to do the job without mentoring. The substantive knowledge in areas you are currently unfamiliar with, you can pick up on the fly. (Hell, everyone else does, and that’s the fun of it.) But if you have less than 10 years experience and don’t feel you have solid lawyering skills yet, don’t expect to find it in an office so small. The mentality is often that the clients want to be told by the lawyer what to do; my view is that the role of the lawyer is to empower them to think for themselves and to guide.

The types of legal projects I’ve already described. As to the volume of workload, I found it to be very reasonable. Plenty of time to put in a 40 or 50 hour week and you’re not asked for more, less actually, unless the Office is short for lawyers, which happens at times. As to secretarial or paralegal support, expect none. That way, you’ll be pleasantly surprised with whatever you get, if any. But in that area, it’s best to be prepared for being entirely on your own. There are also unexpected hardships. Despite air conditioning in all the buildings, the humidity is such that printing and copying, even writing on a pad with a ball point pen, can be difficult to count on. I toted my own laptop to and from work every day, and never did get a promised computer of my own. Humidity is very tough on paper and electronics of all kinds.

As for culture shock issues, I too thought that I would be prepared for it, as I too had lived overseas as a child. But growing up as an Army Brat in the 70's in Kwajalein in the Marshall Islands, basically just another military base, isn't the same thing as being an adult and a professional in another country that was, and to a large extent remains, dependent on the United States (and before that, the Japanese, and before that the Germans, and before that, the Spanish) and just thinks differently as a result.

Although it has cable TV and telephones and a movie theater with "first run" movies, it is still very much "third world" in terms of its mentality. The locals who work with and for you, and who you work for, have elevated passive-aggressiveness to an art form that is … unfathomable at times. There are socio-anthropological reasons for this, I think, and learning to understand the locals on their own terms so that your expectations are realistic is paramount to handling the inevitable culture shock. It can be particularly deceptive and unnerving precisely because of the appearances of American and western culture that you encounter most of the time. But make no mistake: These people think differently than we do, and that can be exasperating and inscrutably infuriating if you do not have a great deal of built-in serenity when you arrive. I thought I did at the time. It was nothing like what I have now.

There are a couple of ways people from other countries – the U.S. and Australia mainly – adapt to life in Micronesia. Some people, with families, bring their own emotional support network with them, and they seem to be strongest in terms of their adaptability. But if the spouse is not employed too, it can be a very isolating experience for the family. For those without families, there are two ways, perhaps three in combination, to build that critical emotional support network that they did not bring with them. Some people spend their off-duty hours exclusively in the cliquish company of other ex-pats, and are very contented. I didn't do that and disdained those who do. I went the other way, and went "native," so to speak, with a local girlfriend you've read about, spending much time with her family, lounging around the house in my lava-lava (sarong). But I didn’t do it right, either, as you’ve seen in the blog. And that became isolating too, dangerously so. I’ve learned much since that time about living between cultures.

Those that adapted the best were able to divide their time among westerners like the Americans and Australians, as well as spend time with the Micronesians, and were able to find a comfortable balance. They were able to mingle with westerners and not be judgmental and hyper-critical of the locals. They were able to mingle with the locals and not be taken advantage of. Or they were very solitary individuals to begin with and could do without either. But they were rare.

The most important piece of advice I got in the FSM, from a lawyer for the FSM Congress, about adapting to life in a different culture, and in the FSM in particular, was one I disregarded or simply was incapable of comprehending at the time: As expressed to me, if you have problems at home, they will be magnified three-fold in Pohnpei and the FSM. There is an expression that “wherever you go, there you are.” That became starkly true for me when it was too late to do anything healthy about it. There is simply no escape or geographical cure for whatever ails you wherever you are now, if anything ails you right now. No running away to an island paradise where your troubles disappear and you can “start over.” So, if you have any “issues” you didn’t discuss or share in the interview (and you know what they are), know that they will emerge and consume you.

At the same time, it is an island paradise, if lacking in many of the amenities we’ve grown accustomed to. Of course, there are no McDonalds or Taco Bells or KFC’s or any other kind of fast food restaurant. There are a couple of good restaurants where you can get some almost-American type food, and occasionally a steak, but only a couple, and you don’t want to eat out all the time.

As to food and groceries, if you love fresh tuna and other fish, the fish out here (meaning all of Micronesia and the Pacific) is the best in the world, in my not so humble opinion. The first time you eat parrot fish or other “reef fish,” or try Mangrove Crab, you’ll never go back to Red Lobster. But items you’d expect to find in a decent grocery store, especially fresh red meat (other than pork and chicken), and fresh fruits and vegetables are non-existent. Expect to be served heaping portions of rice at every meal, three to four times the normal amount you consume at home. Cabbage and onions and cucumber and root vegetables like carrots and potatoes you can find; fresh lettuce and the wealth of every other kind of vegetable you might find at home you will not find in Pohnpei. Apples and oranges you can find (usually); everything else – berries, melons, peaches, plums, grapes, you name it – you won’t find. On the other hand, banana, coconut, pineapple, papaya, mango and a few other “exotic” fruit grow wild all over. So your first purchase after you buy a car is a machete’ to keep in the trunk, for when you come across a downed banana tree. Avocado also grows in Micronesia, but the locals don’t eat it, and only feed it to their pigs. I don’t know why.

If you go, send yourself a care package of a year or more worth of herbs, spices, seasonings and sauces. Other than salt and pepper, Tabasco, Soy Sauce, ketchup and mustard are the only condiments readily available. You learn to buy things you see in bulk when you see it, because tomorrow it will be gone, and you may not see it again for months and months. You also learn that you buy some products at one store, other products at others, and that’s just the way of shopping. If you accept the job offer, I can give you a more detailed list of things to take in terms of household items, clothing, and things to leave behind in storage.

It’s funny that I received your email today. I was just thinking about whether and under what conditions I would return to Pohnpei. I certainly hope to go to visit again, and take my now four year old son there. His mother, of course, who I describe in the blog and with whom I have since parted company, is Pohnpeian, and longs to return and show off our son to her family. At one time, when I was leaving Pohnpei, I vowed to return to “do it right” next time. I doubt that will happen, as I am very happy where I am in Guam and am committed to the life I am making here. And I have nothing to prove like I thought I did when I left. If asked to return to Pohnpei for a limited time or for a special project, I’m sure I would go. But I am in a much better and far more serene place than I was in 2003. I am nevertheless tied to Pohnpei and its people forever now. And for all the torment I have described previously, I am the better for it.

I hope this is helpful. If you’ve gotten this far in the interview process as to be offered a job, you must have something about you that others have seen as well. Obviously, you have an adventurous spirit. Whatever you decide, or if my “brief” response has prompted further questions, feel free to call on me.

~ Rob

Editor's Note: In a followup email, I shared the following:

From: Rob Weinberg
Sent: Saturday, March 14, 2009 7:23:18 PM
Subject: Re: Question Re: Your Experience with the AG in Pohnpei, FSM

Michael:

If Marketo Robert is indeed the currenty Secretary of the Department of Justice, you may want to look at this, which I found poking around just now: http://www.fsmcongress.fm/pdf%20documents/SCR%2015-61.pdf.

Politics in the FSM Government is ... tricky, particularly when it comes to Chuuk and people from it. I can tell you more of what I think I know if you're still interested after reading the link above.

Monday, September 22, 2008

Wednesday, November 26, 2003 ~ Pohnpei

Wednesday, November 26, 2003 ~ Pohnpei

It’s incredible. How these people live, Lynn’s family and her village, anyway. They sleep on the floor, they fish, they farm, they pick fruit off the trees, they grow taro, rice is cheap, and they have family land they are born and buried on, handed down from generation to generation. They have no visible source of income. Basically, all they have to buy is rice, betel nut, cigarettes, beer and sakau. They rent video tapes (very cheap, a lot of it bootleg). The older women in the family dominate the younger women and the men. Lynn orders her younger brothers and sister around, and they think nothing of it. Living in a matriarchal society is at odds with my egalitarian sensibilities.

I thought I could do some good out here, but this place will never change. They have been too dependent too long. They have been dominated by the Japanese, the Germans, the Spanish and dependent upon the United States too long. The legacy of four hundred years of colonialism is dependency. They can never become a truly sovereign and independent nation.

My parents and my sister are relieved to hear I am coming home.

Tuesday, September 2, 2008

Tuesday, October 14, 2003 ~ Pohnpei

Tuesday, October 14, 2003 ~ Pohnpei

So, I went to the doctor yesterday. Recommended as the best on island. Private, not the public hospital. He's good. Bryan Isaac. Not sure of his nationality.

I described my symptoms from Thurs. night/Fri. a.m. through Monday to him. The flu-like symptoms seem to be dissipating recently, but the pain and aggravation in the leg was getting worse. If I was prone and got up, I couldn't walk until I stood on the leg for a minute, then I was fine. I was beginning to see inflamation, and possibly red spikes moving upward. Worried about blood poisoning. Started treating myself on oral and topical anti-biotics last night that I brought from the States, and already seemed better today.

Anyway, he said the flu-like symptoms were a direct result of a bacterial and perhaps streptoccal infection from the leg injury which I got when I dropped the washer or dryer on my leg on Thursday helping move it into the storage area for it. Strange to me, as there was no bleeding. I asked if I would react that fast ~ the same night ~ and that it would last that long ~ four/five days? He said yes, no question.

Hey took a blood sample, gave me a shot in the hip of something strong antibacterial to get me started, and gave me a 10-day prescription of something less strong than what I brought from the states. He said I should save that for real emergencies.

He told me to keep my leg elevated and heated. The pain is from the bruising blood pooling and when I move it has to find new places to go, and is in the way of where the joints and ligaments need to go. I suspected that, as I've seen that from martial arts injuries I've had. It's actually easier to be able to walk if I keep my leg from knee down vertical, so I may disregard that part, at least during that day. Heating it makes sense, and I'd thought of that, as it circulates the blood and moves the blood around and will help dissipate the pooled bruised blood.

Total cost for the visit, thanks to local insurance I subscribed to: $6.10.

Saturday night Lynn made me some home-made chicken soup, with onions, and cabbage, and (too much) garlic, salt and pepper. Quite good, though I could only eat a few drops. Nothing like chicken soup, the universal remedy for what ails you. (Funny, Lynn doesn't look Jewish.) Probably helped get started me on the mend.

Anyway, I'm on the mend. I don't think I mind being messed up as long as I know what it is. Then you know what to do to fix it. 'Glad I've found the doctor and am now informed. I feel much better already just knowing.

Monday, September 1, 2008

Saturday, October 11, 2003 ~ Pohnpei

Saturday, October 11, 2003 ~ Pohnpei

Whatever I had, I don't think it was food poisoning. Blood poisoning, from my own blood, maybe. I bruised my shin very badly moving the washer and dryer on Thurs. (I keep hitting the same spot on my shin, but this was a whopper.) I'm beginning to see blood bruising below the injury and above the ankle, circling that whole part of the leg. That's what I suspect it is. And just when I think I'll be OK, I wake up sweating. But if I cover myself, I get better. And there are some weird flu bugs around here. I've definitely not felt like this in a long, long time, if ever.

My sister asks if they have real doctors here. Yes, they have real doctors here. A public hospital I wouldn't go to, but there is a private doctor all the mehn why swear by here.

Lynn was totally great taking care of me. And she was very scared, especially Thursday night/Friday morning, when it started. Very worried, tried to get me to the hospital, but I didn't want to go to the public hospital, and didn't know who the private doctor was to go to, and thought it would pass by the next day.

I was reading the Montgomery Advertiser online an hour ago. The lead story was about the robbery murder of a 75 yr. old retired University of Alabama in Huntsville art professor. UAH is my undergraduate alma mater. I knew him. Not from UAH. He was a member of the board of directors of the ACLU, so I knew him from board meetings and ACLU functions. Sweet guy. I feel so sorry for the ACLU people I know who knew him. It must be hell for them. Two suspects have been arrested.

In other Alabama news I read the names of people I know (and have advised or represented) being considered for layoffs because the state's budget is so bad, because they refuse to raise property taxes (practically non-existent to begin with due to timber and corporate interests). That state is a real mess. And the most important thing on its mind doesn't appear to be making sure children are fed and properly educated, but ramming the ten commandments down their throats. And people wonder why I wanted to leave.

Saturday, August 30, 2008

Thursday, October 09, 2003 ~ Pohnpei

Thursday, October 09, 2003 ~ Pohnpei

It's been yet another week since I wrote last. Writing helps me process, but sometimes I just need to absorb, and not process.

Gnats, little ants, tiny little mite-like things crawling on my computer screen at the office and home. Unavoidable. More of the mite-like things at the office than here. I worry they'll fritz a connection inside the computer one day. Ants are incredible here. Leave some food on the floor for ten minutes and they're marching to it, to carry it away. Things like dead spiders too. If anyone comes to visit, and wants to stay at my house, ants are a fact of life. Haven't seen many cockroaches, a few small German variety is about it. Nothing like what we used to see on Kwaj, or that I used to see in Montgomery.

But I was musing yesterday that this place is really something in terms of poisonous or dangerous flora and fauna. The only animal species to be wary of are centipedes, which I've never seen, and the toads or frogs ~ which come out like a plague at work when it rains. No other indigenous animal life that is poisonous or bites, other than maybe the mosquitos, which isn't a problem at my house as there's good ventilation and not much standing water, as there is at the villages. Nothing like poison ivy or poison oak. Just about all the flora is edible or medicinal.

My household goods arrive tomorrow morning, my time. The ship came in yesterday. I notice new fresh food and different items in the store too. Must be from the same ship.

I don't know where I'm going to put the stuff that comes in. I've really gotten used to living even more spartanly than I did in Montgomery. I should have left my washer and dryer and bought them or a smaller version here. I won't be able to get them through the door of the little storage shed where the hookups are, and the landlord's not crazy about enlarging it. Also, I think this place has termites. Which will eat everything of wood I have. I was planning on leaving everything here when or if I leave, anyway.

I can see Mars with the naked eye here. It was supposed to be very visible about a month ago, but a couple of nights ago I saw a red star or something not far from the moon. Seemed stable, not twinkling like a star would. Could've been a geo-synchynous satellite.

I think we're going to get a T-1 line and Westlaw, the legal research database, for the office, which will bring our office into the 21st century, and really give us an advantage on the Law side and Litigation side. The Law side could use U.S. statutory exemplars. The Litigation side could use access to case law precedent from the U.S., which is used when there's not FSM law on point. And there's a big absence of that. Our online dial-up time for 8 lawyers-lawyer types, only five of whom can access it at a time as we share phone lines in pairs, averages $1100 a month! One shared account we all access. A T-1 for the whole office would cost $390, and we may be able to split that by halving it with another department in our building. Westlaw will cost about $400 a month for six account passwords. And I may have figured out some other ways to add to cutting costs, which will hopefully serve me in good stead with the acting AG.

Very passive-aggressive, these people here are. Say yes, do no. And the mehn why (Americans, not the Australians, who are quite like us, but have their own quirks) pick it up in short time. Say "sorry" enough times and that's supposed to cut it, and I'm learning to do that when things get confrontational. Getting frustrated, and showing it, trying to do so gently, with certain people piece-mealing me to death. Someone asks for a ride home ~ no problem, it's on the way, there's only one road that circles the island ~ then keeps you waiting at the last minute, or want to drop by some store on the way. Locals and mehn why both do it. I go to pick up Lynn and she asks me at the last minute to run favors ~ take a $2.00 bag of rice to her brothers, get this, do that. I don't like to say no, but I do like to plan my time, and have personal expectations of where I'm going to be when.

I should be going to Chuuk (Truk) soon. Probably early next month. Planned to go next week, but Congress is coming into session and we need lawyers around.

I got desperately sick the night my stuff came came. Woke up hyperventilating, sweating, shivering, skin painful, weak, no balance. Couldn't drink enough juice. Tons and tons of it. Was a little better Friday during the day, then at night and all Saturday it started up again, just couldn't move. Weak, couldn't sit up by myself. Threw up twice. Once when Lynn gave me some Tylenol, another when she tried to administer a local remedy of some local plant in steaming water that I was supposed to inhale with a towel over my head. It was too hot and steamy. I've never felt that way. Must have been some island flu. Feeling a little better now as I got some sleep and rest last night.

Not much else to write about as I've been dead to the world the last couple of days.

Friday, August 29, 2008

Monday, September 29, 2003 ~ Pohnpei

Monday, September 29, 2003 ~ Pohnpei

It's been a week since I last wrote anything. Just haven't been feeling very descriptive lately. Lynn will be 27 in November. We got back together (again) last night. The highs are so high. Too high. That much further to fall. Remembering Icarus. It's what happens when you fly too close to the sun.

No news on who is going to be the new AG. It'll be a few months, I'm sure.

My stuff from my house in Montgomery was supposed to arrive by ship yesterday. May be delivered to the house today, or tomorrow, or the next ....

I came home this evening and the front door was wide open. Must have been one of Lynn's girls, or maybe Lynn, who's usually very security conscious. We think we've heard people walking about on the front porch once or twice. I went outside with my boken, the wooden practice sword, which I'm comfortable with. Never saw anyone. I wasn't paying attention this morning to security. She must have been distracted, if it was Lynn. Nothing taken, not that there's much here other than clothes, a borrowed TV, a microwave, a small cheap CD/tape/radio player. My passport, a few other things. Amazing that nothing was taken.

I'm by myself tonight. I need some downtime from Micronesians and their children. There's only so much two and four year old intermittent crying and running around and fighting sleep I can take. The hydrocortizone I bought really seems to have worked on the oldest's bug bite scabs. She'd been on Guam and the food must have been different there, attracting the mosquitos in her village. I spoke to Lynn extensively on the phone tonight. Not even sure about what.

There was a soft knock on my side door shortly after I came home. (Micronesians knock (and talk) softly.) A boy around 11 years old, the son of a neighbor, said his father, Justino Gusto, asked if they could cut the sakau plant and some of the hibiscus tree, for sakau. (I've had his sakau, must be from here or hereabouts. Everyone claims the sakau on their property is better than elsewhere. But there's good sakau, and not so good sakau. His is good.) It was something to see the kid's older brother up in the hibiscus tree with a machete cutting off thinner branches. They strip and use the skin to wrap the pounded sakau, add water, and squeeze it out. Very interesting process I've described before. But to see this kid up a tree with a machete', so natural. My childhood Tarzan fantasy come to life.

Justino Gusto, also my former boss's landlord of a very nice house, runs a little store that sells cheap cigarettes, bottled water, soaps, betel nut, Ramen noodle soup (a staple, along with rice), Spam, canned tuna and salmon, a few other things. Actually, his 13-14 yr. old daughter runs it. And it's really just a convenience for his family and friends who live nearby. Many tiny little "convenience" stores like that, that only sell a few dozen items. Lynn may think I should keep the sakau plant for her family, don't know, will have to ask. (after talking to her, she said I did right) But these are my neighbors, and I always wave to the daughter on my way into the house. They were very kind to me my first or second night in this house, when I locked myself out of the house, wearing nothing but a pair of pants, and they let me use their phone and waited with me for a couple of hours until the landlord came with a set of keys.

Thursday, August 28, 2008

Monday, September 22, 2003 (continued) ~ Pohnpei

Monday, September 22, 2003 (continued) ~ Pohnpei

People here have so much anger and pain, at their helplessness over things they have no idea how to control, on so many levels, but they hide it behind smiles and laughter. And eventually it just boils over. In inappropriate ways. Sometimes with words, sometimes knives and machete's.

Saying "I'm sorry," doesn't change things. I'm going to hear that a lot soon from Lynn. And, yet, "I'm sorry" is an incredibly important part of culture here. I've seen how significant customary apologies are in the culture here. If someone does something to me, his family will come to mine to apologize. Mind-boggling, but incredibly effective. And maybe that's why they can sort of get away with it, in their minds. It's different from us. But there's much to learn too. Sometimes, hearing "I'm sorry" sounds shallow to our ears, but sometimes, saying and hearing it here feels more accepted and genuine than I've ever experienced before.

I'll never understand why some people pick fights with me. And I was so good to them all weekend. I really was. There shouldn't be a thing as "too good." Maybe I was. And maybe Lynn was trying to find the balance of good and bad she's used to.

People vent their fears in anger. And that's probably what she was doing. She's afraid I'll leave her in two years, whether just leaving the island or for somebody else; that I want someone with education (she's bothered by me saying she's not educated in an early email that I let her read); or that what I really want is a mehn why (ex-wives/girlfriends/a woman at the office I have no interest in); or that her family will come to love me more than her; or that the more I learn to speak Pohnpein, the less I'll need her. It's just fear. None of it is true. It's just not true. I don't know how I can stop her from feeling that way. She's created classic self-fulfilling prophesies. And she's smarter than that. And we'll lose each other to fear.

An older aunt, one who talks to Lynn that Lynn respects, called here last night looking for her and Irene and Benido. She called twice. Worried, apologetic the second time for bothering me. I told her I left Irene and Benido where they wanted to be left, and were fine, but that I couldn't say about Lynn, or even where she was, as I don't know the geography well enough. Should be some interesting talk in the village today, and I suspect Lynn is really going to get it, from more than one auntie. Some I-told-you-so's will be happy that we'll split up; others will tell her how "pui pui" (stupid) she's been to do that to me, and drive me away.

Welcome to Pohnpei.

Tuesday, August 26, 2008

Saturday, September 20, 2003 (continued) ~ Pohnpei

Saturday, September 20, 2003 (continued) ~ Pohnpei

Lynn and her two and four year olds are over this weekend, plus an 11 yr. old and 14 yr. old to be nannies/sitters/watchers. The four of them started out last night going to sleep with the two youngest on the futon in the living room, the 11 and 14 yr. old on the floor next to it. I got up this a.m., and the 2 yr. old was on the floor, the 4 yr. old the only one on the futon. They're all still sleeping. Perfectly comfortable. I'll be making a big breakfast.

It grounds me somehow, having people in the house like this. Weekends like this. Anyway, it's nice, pleasant. And for some reason, I like having people around me talking in a language I don't understand. It lets me be with my own thoughts. At the same time, more and more, I pick up a word or phrase or two, here and there, and I'm almost subliminally picking up the language. Lynn is quietly impressed how I pick up what's going on in a conversation, but it's really more guesswork from context than actually knowing what's being said.

And it doesn't feel like a houseful, though it should. So peaceful. Couldn't be more pleasant.

I was reading a paper from Guam. Most "news" I get from the Internet, but it's nice to read it in paper form occassionally.

I downloaded a free demo typing-tutor program for Lynn. She used to be jealous of me spending time on the computer. Now, I can't keep her away from it.

I won a motion in a criminal case in Chuuk that I expected to lose. It was a motion to dismiss the defense filed based on the statute of limitations. I was sure I'd lose it, but won it. I'll probably be going out to Chuuk the second week of October to interview witnesses for trials involving this guy. May try and get in a dive.

Monday, August 25, 2008

Saturday, September 20, 2003 ~ Pohnpei

Saturday, September 20, 2003 ~ Pohnpei

Things are pretty stable at work. It's been a couple of weeks now since Paul left, and the grieving process seems over. You just can't and don't dwell on things here. I'll probably be travelling among Chuuk and Yap next month a bit. In addition to needing to interview witnesses on Chuuk in a criminal case involving election violations, on Yap and Chuuk there are some immigration deportation proceedings I think I'm supposed to be handling. Filipinos, I think, not sure of details. We have some Vietnamese "refugees" on Yap, but I think they're going to be repatriated. I'm not involved in that. And I'm about to be handed some deportation proceedings involving a Chinese guy who's brought six Chinese "working girls" to the island. Prostitution is apparently not illegal here, per se, but these aren't desirable elements, eh? Their entry permits have expired, and they've been told to get off the island, so it's just a matter of getting them to do so, whatever that entails.

I enjoy working with the Immigration staff, and the national cops too. Well, just about everyone I've come in contact with professionally. Within the office, of the four secretaries, I really only like one. Another, in charge of procurement, does things when (and if) she wants to, and it's getting really old. She's the one who never got my stuff moving from my house; I've had a computer that blew up the second day I was here, she's done nothing about; she's done nothing about getting more phone lines in the office so I don't have to share an Internet connection with Anthony, the lawyer next door. She tells you she's doing what you've asked, and have had approved, and it never gets done. The other two secretaries are just dead wood, and can't even take messages properly. The halls are littered with old and spent computers and printers and the like, piled up with old filing cabinets and boxes. Our copier machine constantly produces darkened images. The phones and intercom system are awful.

I've shared earlier about the Filipino man and boy that washed up on the shores of Yap some years ago. Their bones and the man's skull are visibly exposed in a storage shed next to my office building. The Phillipines won't pay to have the bones repatriated. They were buried on a beach to have the elements clean them up, like we used to do cleaning up shells we'd find that still had the animal in them. They should be buried, but there's no such thing as a pauper's graveyard here, and the bones would decompose in the soil here.

It was actually cold last night. Very heavy rains yesterday, especially in the first hours of the morning, which made me late for work. It probably wasn't that cold, but my blood has probably thinned out enough by now that it felt that way. I certainly don't sweat like a "puik" (pweek / pig) like I used to. It was the first night in a long time that I kept a shirt on after I got home, and didn't have the floor fans running.

My learning to speak Pohnpein is coming along, slow but sure. As more locals realize I'm trying to learn, the more they throw at me, the more comfortable I become and recognize words and phrases, and how to respond in a natural way. There doesn't seem to be a grammar structure like we have in English, but it could be that I'm only learning a word and a phrase here and there, verbs, nouns, a few adjectives, and haven't put together full sentences yet. But it's very simple.

It's close to 5:30 a.m. I've been up since before 4 a.m. The sun will start to come up soon.

I heard we had a tsunami heading toward Yap, FSM's westernmost state and closest to the Philipines. I don't know how high the tsunami is or will be when it reaches Yap, but it was 7 foot high off the coast of Hokkaido's Pacific coast.

Sunday, August 24, 2008

Friday, September 19, 2003 ~ Pohnpei

Friday, September 19, 2003 ~ Pohnpei

My mother notes in an email that in the recent United Nations vote condemning Israel for their decision to remove Yasser Arafat from power by force if necessary, only two nations ~ the Federated States of Micronesia and the Republic of the Marshall Islands ~ joined Israel and the United States in opposing the resolution. What that suggests to me is that the FSM and RMI remain entirely too dependent on the U.S. to exercise independent judgment in world affairs, including, regrettably, those that directly impact the region here, such as in fisheries, control of coastal and territorial waters, environmental concerns and the like. U.S. tuna fishing interests are extremely strong lobbies in Washington and exert powerful influence on Congress.

It was the same blind deference with supporting the war in Iraq. FSM natives who serve in the U.S. armed forces have already suffered casualties there. The FSM gets nearly $1 billion a year from the U.S., is entirely dependent on the U.S. for it's military protection, etc. Any time the U.S. doesn't automatically get its way with FSM, it threatens that it'll affect Compact negotiations and how much money and "subsidies" the FSM will get in the future. Although it has a growing understanding of what sovereignty means as an internal matter, it will never be a truly independent sovereign nation. In that sense, it will always retain a colonized mentality.

I won't be going to Chuuk Saturday. The judge granted my motion to hold the hearing scheduled for Monday by telephone conference. The judge sounded nice on the phone, very thoughtful, prepared. But the thing took an hour for what should've taken 20 minutes. In law school, and in my former practice, we're taught to argue precedent, and throw in policy arguments afterward. Here, there's so little FSM precedent that policy argument come first. That can make for some convoluted arguments that just ramble at times. Not my style. This country, whose law is based on U.S. law, doesn't need to reinvent the wheel.

Last weekend I was on my front porch listening to music, drinking morning coffee, with Lynn. I was visited by a walking Australian Jehovah's Witness, a local vocational education teacher. He was the most interesting Jehovah's Witness I've certainly ever met. We had a most pleasant conversation before he got to "witnessing," when it sounded like everything else you'd expect. I was polite and respectful, offered my phone number in case he needed anything, and he was soon on his way before wearing out his welcome.

I finally saw Lynn's "house," basically a couple of cement walls with corrugated metal for a roof and rain cover. It's dry, but so primitive. She "showers" outside with a hose. I don't know how they can all stay so clean, but they do. Very difficult for me to navigate the muddy stones up to and from it. My weekends often result in very muddy clothes from visiting her village.

Sex roles are so 50's/60's here. While women are in a number of positions of responsibility in a variety of areas, feminism hasn't really struck the islands. Lynn shoo's me out of the kitchen when cooking or washing dishes or sweeping. She thinks nothing of offering to wash my clothes from the weekend. A guy could get used to this. (No. He couldn't. Yes, he could. No, he shouldn't.)

But there are trade-offs that I don't think I'd like to get used to. The father of her children stopped sending her money when he learned of me. She hasn't worked since we met, and has no income. I'm trying to get her to appreciate I'm not made of money (though the other mehn why attornies and I are the highest paid government workers on the island), that she needs to learn to budget what I give her, but it just goes in one ear and out the other. No concept of planning for tomorrow's or next week's needs here. She pays no rent, has no electricity, but does have a phone and water. So, her only real needs are for food and supplies for herself and children. But everyone shares everything here, so it's not limited to just herself and her kids. Other family too. Those that fish or catch crab reciprocate in their way, but I'm increasingly having to say "no" when asked to contribute more than what I consider my proportionate share.

Saturday, August 23, 2008

Wednesday, September 17, 2003 ~ Pohnpei

Wednesday, September 17, 2003 ~ Pohnpei

The people here have a deceptive friendliness, not always sure how sincere it is, but I think I'm beginning to learn some nuances.

The weather does change here, I'm told. Some times of the year rainier than others. But not much in terms of temperature. It rains at various parts of the day almost every day. Especially in more mountainous areas, where the mountains catch the clouds. Average temperature and humidity are in the mid-80's.

I can't look at all the children here, and not think about my nieces. I think they'd love it here, and would make good friends. (Of course, I wouldn't school them here, an entire different subject.)

Lynn has been good for me. Me for her, too, she tells me. And me, for her family. And many of them to me, brothers and uncles especially. But there are petty elements in her family, "aunties" mainly, that are just too petty, or jealous, that make it hard on her, as much time as we spend together, which is never enough. They rag her about neglecting her children, which actually isn't true. Her children are happy, healthy, cared for; she knows what's she's doing. They don't acknowledge the efforts I'm making to contribute, though it's not my responsibility. But at the same time, I have to do things my way, to maintain and establish boundaries. I'm not going to be sucked into being a husband, and father to her kids, but I am providing. It's hard on Lynn. She can't tell her aunties to back off and leave her alone as we would. Not the culture here. Too disrespectful in the familial hierarchy. I suspect the mehn why here think I've gone off the deep end with her. And perhaps I have, maybe so. But Lynn and I have a real connection that I haven't felt in years, and years.

Friday, August 22, 2008

Tuesday, September 16, 2003 (continued) ~ Pohnpei

I want to thank everyone for their indulgence this past week in letting me attend to other matters. And I very much appreciate those of you who dropped a note letting me know you were missing my daily blog.

Tuesday, September 16, 2003 (continued) ~ Pohnpei

I may have already shared that I ate some Australian lamb at my (former) boss's house, a few weeks ago. Quite tasty, but didn't have exactly a lamb taste, but close enough. I assumed it was just because it was Australian, and that's the way Paul prepared it, is why it was different....

This morning, Lynn asked me to promise not to be mad if she told me something... It wasn't lamb.... It was "kidi" ... dog. Still pretty tasty, but I wish they'd told me. (That explains the absence of mint jelly.) They said they thought I'd over-analyze the experience too much, so they didn't tell me, and had a great laugh about it. They weren't going to tell me until I tried it knowingly, and then were going to see if I'd recognize the taste.

People here acquire a very odd sense of humor....

So, I guess the only thing I haven't tried is betel nut, which I'm not interested in.

So, I'm going to spend Saturday till Wednesday in Chuuk. It'll cost FSM more than $1,000 just for me to go, with per diem and airfare and car rental. All for a 1/2 hour hearing that could be done by telephone. I'm taking an investigator along to show me around and introduce me to witnesses I need to interview. I'm flying in Saturday afternoon. I'll probably try and catch a dive on Sunday, interview witnesses on Monday and Tuesday, fly out Sunday morning.

People keep telling me how lawless it is there in Chuuk. Some are serious, some are just looking for a reaction from me. It's the job. Someone has to do it, eh? Unlike my predecessor on these cases, I'm not going in like gangbusters. But things are going to get worse between the national goverment and Chuuk before they get better. We're about to indict a lot of high officials on theft and conversion of public funds, almost all from Chuuk.

The laws here are in such need of repair. Just about every aspect of them. No bankruptcy laws; consumer protection laws are a joke; reciprocal enforcement of child support laws are not enforced; many others date back to Trust Territory days, and need name designation changes, referring to offices that don't exist, and just need general updating; customs and immigration laws lack coherence and process; no serious ethics or conflict of interest laws. I could spend a couple of years re-writing and updating just about every aspect of the laws and writing regulations. Factor in that the U.S. makes arrogant, paternalistic, unreasonable demands without reciprocity, tied to threats that failure to comply with their demands will affect Compact II negotiations, and there's plenty of work to do.

Interesting stuff. My work ranges the gamut of every aspect of their legal issues here. My background provides me a good basis for where to look for answers to certain questions, even in fields I know nothing about. I never would've thought it, but I like working on immigration, customs, maritime resources and fisheries, foreign and consular affairs.

Thursday, August 14, 2008

Tuesday, September 16, 2003 ~ Pohnpei

Tuesday, September 16, 2003 ~ Pohnpei

One of my nieces is terribly allergic to animal dander. So, my sister tells me she is thinking about getting a Vietnamese pot-bellied pig as a pet and I told Lynn about it. Lynn says, a pig as a pet?! She thinks it's a cute idea, albeit a bit risky, as someone is likely to assume it's for dinner. (I still haven't had dog yet, but I'm not sure I'll ever look at them the same way again.) Lynn has asked me to buy her a couple of small pigs to raise, a couple of dollars a pound. Assuming it must be one or the other, Lynn asks if my sister, who lives in Texas, lives on a farm or a ranch. I told her neither. She seemed disappointed.

Lynn's female cousin caught a mangrove crab, a small one, and gave it to us. Johnny, Lynn's brother, caught lobsters (spear fishing at night) for us, but we forgot to pick them up, and she suspects he's mad about it, though he'd never say anything.

I have to go to Chuuk Saturday, for a hearing on Monday. The flights are only three days a week. So, I go Saturday, for a half hour hearing on Monday, and don't return until Wednesday. Lynn and I haven't been away from each other that long. I'm not afraid to go to Chuuk, despite what I've said before about getting killed out there. It's not a matter of false bravado. I'm taking a very different approach with these cases ~ more gentle, respectful, deferential to local custom and tradition. I'm also going with an investigator, and will use the time to good use interviewing witnesses.

My colleague, Anthony, still talks about and is actively seeking other employment. It's mainly here in the Pacific realm that he's looking. He's ten years older than me. I really wish he wouldn't be working on finding work elsewhere. I really enjoy our working relationship. His wife was in a serious car accident some few years ago, and drinks beer (behru) from morn till night, and is, not to be too technical, wacko, but they're a good combination, and fun to be with when she's not had too much to drink. The other mehn why litigator in the office is a bit of a psychopath. He's all hyped about public corruption cases. He's actually onto something, but he's a loose cannon, out of control. There's a crazy glint in his eyes sometimes....

Wednesday, August 13, 2008

Monday, September 15, 2003 ~ Pohnpei

Monday, September 15, 2003 ~ Pohnpei

I threw a softball around with Brined ("Brin-ette") Saturday, just rolling it back and forth to each other on the porch. They're terribly coordinated. I've noticed that about all the children here. (Though they have no idea how to fight.)

Speaking of coordination (as in I'm not), I'm all cut up. I tried to cut up some firewood with my machete'. Big blister on my left palm from holding it too tight. Other scrapes and nicks. Lynn says I just have to relax, which is true. I'm always that way learning new things. You should see Lynn with the machete', cutting up the firewood! You should see her open a can of hash with the machete'! So nimble, and efficient. She doesn't want to show me ~ as though it would make me less dependent on her or something, not need her anymore. She says the same about me learning to speak Pohnpein. Not true.

Yesterday, we were supposed to go back to the waterfall we went to before, with my colleague, Anthony, and his wife, but they bailed on us at the last minute. They've been here three years, and have never been. I suspect he was just depressed about Paul having to leave.

So, we picked up my friend Peter, and a relative of Lynn's and went to another river somewhere. Very nice time. We met some guy there who's a college mate of Peter's. We keep meeting locals at the falls or rivers, and have a good time with them. I love the weekends.

I'm taking off today. Technically, I worked on Thursday, attending the Counter-Terrorism course. It was a State Holiday, Pohnpei Liberation Day (Sept. 11, 1945, from the Japanese), and the President of the FSM issued an executive order giving the day off to the national workers. So, I'm claiming it.

I used one of the sauces/marinades my sister sent, a Hawaiian sauce, to make pork chops and rice (of course) with, plus some frozen French cut string beans. It went over very nicely for dinner. It's fun watching kids eat, and feeding them. Saturday, a.m., I made some scrambled eggs with onion and diced up marinated mushrooms, and bacon, and toast. Sunday, more cheese eggs and corned beef hash, and charcoal (toast).

OK, OK, I burnt the toast (toasted it in the oven, and forgot about it). But Lynn has burnt a lobster, and just can't make rice without burning it either. (Hah, hah, hah!!!) She likes the Old Bay seasoning. Lynn says her younger brother Johnny has more lobster for us. These people are feeding me too much. This kind of stuff would be very expensive in the restaurants. I'm looking for ways to reciprocate, and I think I am.

Her uncle, Phillipe, is the mangrove crab fisherman. Really nice guy. His wife is in the hospital, very, very ill. Something about needing blood, but I don't understand what. Anemia? I don't have details. We visited her this weekend. Hospital wards are sad here, not third world exactly, just different from our expectations. People bring food and stuff. And Phillipe's wife had a lot of stuff piled up compared to others around her in the ward. She didn't look that ill, nor did others there visiting; and she just looked very, very tired, like she needed rest. I left her some money, and I hope it's put to good use to get her the blood she needs. Public hospitals here are not a good thing. You go to Guam or the Philipines, or Hawaii for real treatment, that is, if you have insurance.

I'm trying to encourage Peter to go to law school. He's very passionate about public corruption issues here, and they need more local lawyers. He has one semester left to go in college. What they really, really need is lawyers who are from Chuuk, but I don't see that happening any time soon.

I'm doing good.

Tuesday, August 12, 2008

Friday, September 12, 2003 ~ Pohnpei

Friday, September 12, 2003 ~ Pohnpei

I'm not sure what all we're doing tomorrow, but Sunday, Lynn has a cousin who's being Christened (Lynn's Catholic, whatever that means here), that we're attending, then taking my colleague, Anthony, and his wife Maryanne, to the falls, the one I think Mom's been to, that I've sent recent pictures of.

Lynn and her girls, and her 11 yr. old cousin are over tonight. The cousin is here to watch the girls for us, while we're all out and about tomorrow together, the five of us. No idea what we're doing, but it's about time we get the girls used to me. The oldest, Brined, likes me; the youngest, Renay, just cries all the time, especially when she sees me and Lynn close. Very jealous. Except when she's being fed. They're sleeping now. Lynn's holding Renay. Her family gives her crap about neglecting the kids, especially on weekends like this, when Lynn and I are together, usually alone. So they can't really argue about this, I wouldn't think.

Interesting how they "train" young girls or prepare them for motherhood. ("Interesting," "fascinating," I've run out of adjectives). The 11 year old, Leilani (Nani), is perfectly comfortable picking them up, propping them on a hip, and caring and looking after them. Essentially, what we have is a "nanny" to keep a third eye on the girls if we all go out and go to the store, or whatever.

I throw leftovers out in the front yard. Always gone the next day. Couldn't bring myself to do it at first, but it's fine, and doesn't attract bugs or rodents. Tonight's leftovers was Lobster shells from a lobster one of Lynn's brothers speared for us last night. We had squid, too, lightly sauteed in oil with onions. Very good. This was a big one, two. Fed all five of us, with a little extra.

Lynn's brothers and uncle (who catches mangrove crab) have been very nice to me. Such things would be very expensive in a restaurant here, and I get them for free. I have to find a way to reciprocate. I may buy Lynn's brother a mask, or some fishing line, though I don't know what to buy with regards to the latter.

I need a professional haircut. People here don't care about looks, but the men do have nice haircuts. My thought was to grow mine long and tie it back, which I'll probably do, but it's in that unattractive stage.

Renay, Brined ("Brin-nette") and Nani are sleeping on the futon, where Lynn and I usually sleep (the bed's too soft). I'm on the edge of it, writing this.

I'm really adjusting. I sense that the local people like me for who I am, and that they sense I have no agenda other than to be their lawyer, not to impose some American sense of values and "justice" on them. That's the big, obvious, mistake that certain mehn why make. And they make many. Not that I haven't made a few of my own, I'm sure. But they know I'm trying. To learn the language, the culture(s), etc.

I went to a conference/seminar on counter-terrorism today and yesterday, sponsored by the U.S. Attorney's Office from Guam. It was for law enforcement, police, but very informative in many ways for me. Some parts were downright wrong, where the lawyers talked about the USA Patriot Act, or US money-laundering statutes (which have no bearing on local cops here, that's what my office would do). But it's been a very educational couple of weeks, combined with the "Law of the Sea" course. So much learning going on for me. What opportunity.

Monday, August 11, 2008

Tuesday, September 9, 2003 ~ Pohnpei

Tuesday, September 9, 2003 ~ Pohnpei

Paul is leaving at the end of the week. Such a shame what the Chuukese delegation did to him, all because he authorized investigation and prosecution of corruption in Chuuk. Such a kick in the guts. He really could've been good for this country, but now it's headed toward chaos. Monday was like a funeral in the office, but without Sakau en Pohnpei or alcohol. I think we all just didn't allow ourselves to think about it over the weekend, and as result mine was very, very pleasant.

I'm about to go down and get something to eat and be with him, and whoever else is there. When my phone rang, I thought it was going to be Lynn, not thinking anyone else would call. I answered with "meht-med-eh-wai-ya?" which translates to "are you thinking of me?," a little joke Lynn and I have from something the secretaries taught me, which was longer, and translated to "Did you sleep last night, or were you thinking of me?" It turned out the caller was Peter, my friend, who's already at Paul's.

Lynn and I spent more nights together the last four days than we probably should have, so she's not with me tonight, and probably won't be for the next couple of nights. Another joke we have is when I pass over a certain bridge, I used to mock-cry out "boat," beause I wanted a boat to be on the river. The Pohnpein for "boat" is "poorch" (sp?). So, now, when we cross the bridge, she says "poorch." Paul and I were going to buy a boat together when my house sold, and tie it up at his place, which is just down the road. It would have been perfect. Can't think of anyone else I'd want to do that with, so it may be a while.

Getting used to uncertainty and disappointment in expectations is life here. Adjust or leave. Welcome to Micronesia.

Sunday, August 10, 2008

Monday, September 8, 2003 ~ Pohnpei

Monday, September 8, 2003 ~ Pohnpei

Another very interesting morning attending the Law of the Sea course. I missed the afternoon session, because I was in court for the first time since I've been here. I've filed pleadings and the like, but this is the first time I've been in court itself for a hearing. Dressed in an Aloha shirt and sandals. Gotta' love it. The judge didn't wear robes, but he did wear something reflecting his position that's their equivalent.

This is the case I think I've shared a little bit about already. When the guy was 29 (not 17 as I've written before), he killed two guys with a diving knife. Having now seen how easy it is to kill a pig, I can see how it might not be difficult to kill a man if you're drunk and have, shall we say, anger-management issues.

Six years on one charge, ten on the other, to run consecutive for 16, plus another few years to run concurrent on a possession of a dangerous weapon while drunk charge. Then, in 1989, he assaulted another inmate with a machete' and got three more years to run after the 16, for a total of 19. He'd been denied for parole twice before. As of today, he's been in 17 yrs., seven months. Not much to us for a double-murder perhaps, but it is a long time to them. He's 46 now. He'll be eligible for consideration after serving 1/3 of his sentence.

Since the last denial of parole, he's really turned his life around in prison, and become a model prisoner, the only trustee they have, helping other inmates with grievances, etc. So, we didn't oppose it. And all I said during the hearing was "no questions, your Honor."

But it was such a fascinating thing to be part of. In the States, victims' rights groups and get-tough prosecutors oppose parole, victims and their families want to attend and be heard at sentencing and parole hearings. Big controversy in the states about whether to allow it, or whether it's too prejudicial to permit victims to be involved in that way, especially before juries (which they don't have here). Here, with the culture the way it is, it's totally different. Totally. As I've said before, there's a built in parole system, with family and clan leaders taking responsibility for him and keeping him on the straight and narrow, helping him to adjust and become a contributing member of society.

First, the defense put on the guy's cousin, a "traditional" leader in the family, rank not really understood. He testified, that he wanted Youper Primo back, that he would watch out for him, help him as best as he could, etc.

Then, an older brother was put on the stand, who said the same kind of thing. Also has a title, not sure what. I've already written about the N'marki and the Naniken (sp?), which, in western terms are the equivalent of king and prime minister in terms of duties, rank, privileges. This guy's traditional title/rank was somewhat the equivalent, but at the level of village chief.

The village chief was put on next, 71 years old, responsible for 170 people in the village (which, by the way is in Awak, in U, the municipality where I live, and where Primo will come to live, with his mother and sisters and brothers). He testified about similar things.

There's was a fourth witness, a police captain from the jail, who testified how Primo had become a model prisoner, and how he supported parole.

Now, the public defender asked a lot of questions she had prepared on paper. I didn't ask any. The judge asked a lot of questions of the witnesses. "If I grant parole, what conditions should I impose? Should I order him not to drink? How much and what kind of work should I require him to do?" Primo's plan was to work his land, so he could feed his family and help the community. Working the land or being a fisherman is very important here. The judge asked the village chief how much he should order Primo to plant per day. The chief said 5 yams. That seemed reasonable to everyone, so it must be a lot of work. I have no idea.

Something else the judge was very interested in was customary apologies and whether there would be any tension between the families of Primo and the victims. Here, when someone commits a crime or offends someone, his family goes to the victim's or offended's family and makes a formal ceremonial apology. All that's already been done, long ago. And the victims and their families support the idea of letting him out on parole. Could you imagine me assaulting or killing somebody, and your family having to come apologize to the victim's family? Without it, clan warfare and revenge killing would just escalate. It'd never work in the states, but these people are onto something. The Hatfields and McCoys wouldn't know what to do here. And I wonder how the story of Romeo and Juliet would have turned out if Juliet's family went and apologized after Mercutio was killed.

And all of this was done through a translator, going back and forth between Pohnpein and English for the benefit of the witnesses and the defendant. The translator was also the court "ombudsman," who'd done a pre-hearing investigation and made the recommendation for parole with certain conditions. I'm not sure how ombudsmen work here, but it's very different than anything we're used to in western terms. I need to read the law on it. But, with the "it takes a village" community mentality they have, it's a critical part of their judicial system. He went and interviewed witnesses, victims, victims' families, jail officials, and made his report and recommendation. Seemed quite thorough to me.

Then Primo testified, through the translator, but I almost didn't need the translator. Not that my Pohnpein is good enough by any means. Just that I could pick up a word or two and get it from the context, and from the English that was spoken by the judge. Primo began by thanking everyone for their respect, and apologizing (I caught that word; it's "mahk.") He said he agreed with all the conditions that were being suggested. He said he would not plant five yams a day, but six! "Why?" the judged asked. "Because I have to feed my family." It was actually almost eloquent.

Sakau vs. alcohol: Now, this guy killed the two while he was drunk. So, the "no alcohol" thing is an important condition of parole. Sakau is actually, I think, a generic term for anything liquid that's mood-altering, so I've heard it used in terms of wine, beer, etc. But when people refer to the sakau from the pepper plant, they say "Sakau en Pohnpei." What put it in context for me was when I heard the term "sakau mehn why," which told me they were talking about foreigner's alcohol, not the pepper plant. I'd been wondering if there would be a distinction. Sakau en Pohnpei is such a traditional, customary thing, that's part of so many rituals ~ funerals, get-togethers, celebrations, you name it ~ that I think it's not considered something he'll be prohibited from doing.

Afterwards, I shook Primo's hand and wished him good luck. Quite a pleasant, educational, fascinating experience, all things considered.

It's been raining quite a bit since my drive home, and my ex-boss just invited me down to dinner. Usually, it stops after ten minutes or two, but I've been home an hour and its still raining.

Saturday, August 9, 2008

Sunday, September 7, 2003 ~ Pohnpei

Sunday, September 7, 2003 ~ Pohnpei

In the sakau market I sit with the men; Lynn sits with the women. My thoughts drift through the rythmic pulse of river rocks being pounded on a large flat stone the size and shape of a coffee table to mash the pepper plant root and release what will become sakau. I am invited over to sit with the men while they squeeze the pounded pepper plant roots mixed with water through a webbing made of the inner bark of the hibiscus tree, like a towel being twisted to squeeze out the water. Very interesting to observe close up. One would think it'd take some serious muscle, but these people are no bigger than me, and are no more muscular.

The liquid sakau is squeezed into a cup from a coconut shell that someone else held. The first cup goes to the N'marki, or Naniken, whoever is the highest official present. The second, I don't know. The third to a woman. The fourth, I'm not sure to who or why, but I received it at one point. There's something about the number "4" here, but I haven't inquired yet what it is.

The Sakau experience is interesting, and quietly enjoyable. Very mellow, a mild narcotic. People are quiet, and talking, sharing a common cup. It's a very communal experience. Everyone speaking in Pohnpein, of course, which is kind of nice, as I catch a word or phrase or two, but don't really care that I'm missing anything, and have no concern that they're talking about me (which they are, especially when teasing Lynn). I have a certain tolerance limit for Sakau, where I know I don't want any more, or I'll suffer intestinal consequences the next day. I've never actually been "drunk" on it, although I have felt its effects. Lynn commented tonight that I showed no effects of being drunk. As I've said, it's not something I'm drawn to; but I do it to be a participant in Lynn's clan.

The locals actually seem to get drunk pretty quickly, beginning to nod off after a few cups' worth. It doesn't affect me that way, and I'm in no competition with anyone, and that's not what it's about. I only do it to be polite and respectful.

Toward the time I was ready to leave, someone passed me a cup and I said "Soh, Menlau" (no, thank you). That impressed the guy sitting next to me, that I was speaking the language. Lynn and the secretaries at work think I'm learning it fast. Doesn't seem that way to me. But it is a simple language. And I still need to hear and repeat a word or phrase many times to retain it.

Many on the island think Lynn and I are married. Lynn does what she can to disabuse them; I divert the issue. It's the life here. Doing the typical American boyfriend-girlfriend thing, like shopping for groceries together, results in an automatic presumption that we're married. On the other hand, there are those who don't know us, who see us, who stare, and sometimes even glare, assuming that Lynn is a "winnit" (sp?), a prostitute, who goes to the docks. We encountered that many times today while out shopping. Lynn's angry about it, and rightly so; but I figure once we're seen out and about enough, and once people learn who I am, it'll stop.

No rains the last day or two. Rains bring the breeze. It's been hot, but I'm sweating less. It's been over two months and I'm still adapting.

Friday, August 8, 2008

Saturday, September 5, 2003 ~ Pohnpei

Saturday, September 6, 2003 ~ Pohnpei

The FSM Congress is a unicameral legislature ~ one house; not a house and senate like we have in the States. It was the Chuuk delegation (6 of them out of 14 total), plus one we think is from Pohnpei that killed Paul's confirmation. A terrible kick in the teeth for Paul. Such is life in a developing nation. Especially Chuuk. No foresight. There are many in government here who are very worried about the future.

I saw a piglet and a sow killed today, and butchered. The machete' is slip-stabbed into the rib cage through the lung, into the heart. Pretty quick and relatively painless if you do it right. The piglet suffered, and had to be stabbed a couple of times; the sow died within one slow minute of a single stab through the rib cage. It reminds me of a scene from "Gangs of New York," where Bill the Butcher is educating Leonardo DiCaprio's character about killing a man, using a pig carcass as a model, because anatomically they're very similar to humans. Having seen a pig killed that way, it makes perfect sense. I am pleased to report I had no reaction one way or the other to seeing its slaughter, never having seen such a thing before. Lynn tells me dogs were killed, though I wasn't offered any, and a third pig was killed, and a fourth ran away.

It was a celebration for someone coming home. They built an "uhm" (sp?), an above-ground oven heaped with stones, heated from within with mangrove wood, until searing hot. We left to do a little shopping and I missed the rest of the preparation, but when the stones are done, they will place the pigs on top, cover with banana leaves, and then let it cook for about three hours. We brought a case of chicken and a couple cases of soda as our contribution. No one comes empty-handed; and no one leaves empty-handed.

Lynn and I went looking for a birthday present for one of my nieces and a present for the other in the Kapingimarangi village, the famous woodcarvers village. We didn't find anything I thought my nieces would like. When we came back from shopping, we went to the sakau market where people were congregating. There was breadfruit, banana cooked in coconut milk (pretty decent, I usually don't like it, too bland), rice, chicken, turkey tails (the all-fatty part we all throw away at Thanksgiving but is almost a delicacy here), hot dogs (it's a staple, like rice and Spam, a party isn't a party without hot dogs), guava, beef ribs, more. The pig ribs, which was all I ate, were good. No marinade, or seasoning, but very tasty, and tender. It was the sow. It'd be great with some BBQ sauce. (I hear the local chicken is very, very tasty. When my bow and arrow come, I'm going after one of those silly roosters in my yard.)

Very primitive conditions, the village where Lynn lives. But it doesn't really faze me, although I think it does freak the locals a bit when I'm there. They have running water, some have electricity (Lynn doesn't), some have phones (Lynn does), they sleep on mats on concrete floors. One of the unspoken reasons Lynn and I left and came back, that we later agreed about, was that I was just watching, being a tourist, so-to-speak. And in that capacity, I wasn't more than a woman. I didn't help build the fire, kill the pig, sear the hair off, butcher it, split breadfruit. So, without saying anything to each other, Lynn and I decided it'd be a good idea to take off for a few hours, get my laundry done, do some shopping and come back.

It's not that it's a male-dominated society, per se. Far from it. But there are defined roles for who does what. The men kill and prepare the meat, the women do other things. Both tend and make the fire. So, it is no slight to feminists what I just said about not being more than a woman. I just wasn't filling a man role, as an observer.

I haven't taken pictures in a while. That just seems too touristy. Lynn's clan is still getting to know me, and I want to do things their way, the best I'm learning how. Most are warming up to me. Some have their reservations still.

Thursday, August 7, 2008

Friday, September 5, 2003 (continued) ~ Pohnpei

Friday, September 5, 2003 (continued) ~ Pohnpei

The secretaries and many local officials are very bummed that Paul wasn't confirmed. He's in the anger phase of the grieving process right now, if I judge right, and rightly so. The other guy I like working with, Anthony, is actively looking for another job, which leaves the guy who made all the problems to start with as the only other litigator in the office besides me, in addition to three and 1/2 on the law/advisory side. The "acting" AG's appointment ends Nov. 11, and he doesn't want to be the AG anyway. He's from Kosrae, as is another on the law/advisory side. He's supposed to take vacation from then through the end of December, and Anthony is supposed to be off from December through halfway into January. I think the office is soon to be in complete disarray.

The secretaries think I'm learning the language really fast, and are working on me to learn not just words, but phrases, a good next step. Me, I don't think I'm learning that fast, as I have so much to learn ~ new substantive and procedural areas of the law, names of people I interact with. But with the four of them and Lynn, I'm working on it. I try and learn a couple of new names a day, read and absorb as much new law as I can, and learn to speak Pohnpein a word, a phrase or two every few days to add to my vocabulary. I still haven't been to Sokeh's Rock, or Nan Madol, but maybe by the time my family arrives for a visit, I'll be a pretty decent tour guide.