2 - ‘To Join the Bench and Be Decision-Makers’

Summary

Studies of women in leadership in the Pacific tend to focus on the under-representation of women in the political branches of government. The number and role of women in the judicial branch has received less attention. Male judges outnumber women judges across the region, but the reasons for this, and its implications, have not been the subject of detailed study. Pacific judiciaries share many features with judiciaries in Asia and beyond. However, the context of small, island, developing states shapes the experiences of Pacific women and Pacific judges in distinctive ways. This chapter provides a history and comparative analysis of the appointment of women judges in the Pacific, focusing on the nine independent Commonwealth states of Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. It presents empirical data on the composition of the superior courts in these states, including judges’ gender and professional background. It examines how the criteria and processes for judicial appointment – including the distinctive use of foreign judges – affect the appointment of women to the judiciary. Finally, the chapter explores how judging in the Pacific might be gendered by examining high profile cases in which women judges have presided.