Papua New Guinea
Papua New Guinea (abbreviated PNG; , ; tpi, Papua Niugini; ho, Papua Niu Gini), officially the Independent State of Papua New Guinea ( tpi, Independen Stet bilong Papua Niugini; ho, Independen Stet bilong Papua Niu Gini), is a country i ...
(PNG) is a constitutional parliamentary democracy with an estimated population of 6,187,591.
Police brutality, provincial power struggles,
violence against women
Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed against women or girls, usually by men or boys. Such violence is often con ...
, and
government corruption
Political corruption is the use of powers by government officials or their network contacts for illegitimate private gain.
Forms of corruption vary, but can include bribery, lobbying, extortion, cronyism, nepotism, parochialism, patronage, inf ...
all contribute to the low awareness of basic human rights in the country.
History and legal framework
Constitutional and other domestic law
The Constitution of Papua New Guinea entered into force on the 16 September 1975. It is one of the few unique constitutions around the world that contains almost all the rights and freedoms enshrined the
United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
and the
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, ...
1948. The constitution contains many civil and political rights that are able to be enforced by the judiciary. These include right to freedom (Section 32); right to life (Section 35); freedom from inhuman treatment (Section 36); freedom of conscience, thought and religion (Section 45); freedom of expression (Section 46) and right to vote and stand for public office (Section 50). Economic, social and cultural rights are not included in the constitution and are instead provided for in the National Goals and Directive Principles. These remain as guidelines and are non-justiciable.
However, the Constitution does not include “gender” or “sex” as a prohibited ground of discrimination, which is inconsistent with PNG's obligations under the UN Convention on the Elimination of All Forms of Discrimination against Women, Article 2.
International treaties
PNG has ratified 6 of the core human rights treaties; the third highest number in the Pacific behind
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
and
Australia. These include the International Covenant on Civil and Political Rights (
ICCPR
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
), International Covenant on Economic, Social and Cultural Rights (
ICESCR
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...
), the International Convention for the Elimination of All Forms of Racial Discrimination (
CERD
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third -generation human rights instrument, the Convention commits its members to the elimination of racial discri ...
), the Convention on the Rights of the Child (
CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (
CEDAW) and the Convention on the Rights of Persons with Disabilities (
CRPD), ratified in 2013. Despite this the most recent
Amnesty International submission prepared for the
Universal Periodic Review The Universal Periodic Review (UPR) is a mechanism of the United Nations (UN) Human Rights Council (HRC) that emerged from the 2005 UN reform process.resolution 60/251of 3 April 2006, the UPR periodically examines the human rights performance of al ...
(UPR) of PNG in May 2011 found that reporting by the government of PNG on its obligations under the international human rights treaties to which it is party has been very poor.
PNG joined the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
(UN) in 1975 and on the 11 May 2011 extended a standing invitation to all the thematic mechanisms of the
United Nations Commission on Human Rights
The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of ...
to visit the country. In May 2010 the
United Nations Special Rapporteur on Torture visited PNG and suggested that the country urgently Ratify the Convention Against Torture (
CAT
The cat (''Felis catus'') is a domestic species of small carnivorous mammal. It is the only domesticated species in the family Felidae and is commonly referred to as the domestic cat or house cat to distinguish it from the wild members of ...
) and its Optional Protocol. As well as this the rapporteur also suggested that PNG ratify the first Optional Protocol to the ICCPR which provides for the right of victims to lodge individual complaints to the
United Nations Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per ...
and also the second Optional Protocol aiming at the abolition of the death penalty. PNG has not yet ratified these instruments.
National Human Rights Commission
In 1997, the government approved in principle the establishment of a human rights commission for PNG with the minimum standards set by the Paris Principles.
This commitment was reaffirmed in 2007 with the presentation of the 2007 Final Option Paper on the establishment of the PNG human rights commission;
and in 2008 a draft organic law on the establishment of a human rights commission was prepared.
This draft Bill has yet to go through the parliamentary process and it is unclear whether the O'Neill Government remains committed to the establishment of this institution.
Civil and political rights
The Constitution provides for the right of citizens to change their government peacefully which is exercised in practice through periodic elections. All citizens possess the right to vote and political parties are able to operate free from restriction and outside influence.
However, in the most recent elections violence was common in the Highlands which compromised the possibility of free and fair voting.
The right to freedom of speech and freedom of press as provided for in the Constitution are generally respected. There is no evidence of officially sanctioned government censorship, however newspaper owners have complained about intimidation tactics being used in an attempt to influence coverage.
The right to freedom of assembly is also present in the constitution however is often limited in practice. Public demonstrations require 14 days notice as well as police approval which is rarely granted.
Women's rights
Papua New Guinea is often labelled as potentially the worst place in the world for
violence against women
Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed against women or girls, usually by men or boys. Such violence is often con ...
.
Sexual violence
A study by
Rachel Jewkes
Rachel Jewkes is Executive Scientist: Research Strategy in Office of the President and former Unit Director of the Gender and Health Unit of the South Africa Medical Research Council, based in Pretoria, South Africa. She also serves as Director o ...
et al., in
The Lancet
''The Lancet'' is a weekly peer-reviewed general medical journal and one of the oldest of its kind. It is also the world's highest-impact academic journal. It was founded in England in 1823.
The journal publishes original research articles, ...
in 2013, on behalf of the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
Multi-country Cross-sectional Study on Men and Violence research team, found that 41% of men on Bougainville Island, Papua New Guinea, admit to raping a non-partner.
About 14.1% of men have committed
multiple perpetrator rape.
[ Other research indicates that two thirds of women have experienced domestic violence and fifty percent of women have experienced forced sex. Rape is a crime punishable by imprisonment, but a prevalent culture of silence has resulted in few rapists being apprehended. Police officials have been directly implicated in the widespread sexual violence against women.]
Polygyny, the custom of paying a ‘bride price’ to obtain a bride, is a recurring problem, as is using women as compensation between tribes to settle disputes. The courts have ruled that such settlements have denied the women their constitutional rights. In July 2010 the Committee on the Elimination of Discrimination against Women urged the government to "put in place without delay a comprehensive strategy, including legislation, to modify or eliminate customary practices and stereotypes that discriminate against women in conformity with articles 2, 2 (f) and 5 (a) of the Convention." There are no employment or antidiscrimination laws.
Witch-hunts
Women are 6 times more likely to be accused of sorcery than men and hundreds of accused witches and sorcerers are killed annually. The accusers often hire diviners known as a "Glass man" or "Glass mary" to confirm the accusation. The accused are often the weak of society, such as widows, while those with sons to support them have a higher chance of not being accused. Relatives often reject giving refuge to the accused because they have been paid a bride price by the husband, which would have to be returned if the wife leaves the husband. While killing witches used to be done discreetly, it has grown into a public spectacle.
In 2009, a group of men stripped a woman naked, bound her hands and feet, forced a cloth in her mouth and then burnt her to death on a dumpsite. In 2009 a committee was established under the Constitutional Review and Law Reform Commission, to review the laws relating to sorcery and other measures to curb the number of sorcery-related murders. In 2013, the government repealed a law that criminalized sorcery and the use of accusing someone of witchcraft as a defense in murder trials.[
]
Children's rights
According to UNICEF, nearly half of reported rape victims are under 15 years of age and 13% are under 7 years of age, while a report by ChildFund
ChildFund, formerly known as Christian Children's Fund, is a child-focused international development organization that provides assistance to children facing poverty and other challenges in 24 countries, including the United States. ChildFund's h ...
Australia citing former Parliamentarian Dame Carol Kidu
Dame Carol Anne Kidu ( Millwater; born 10 October 1948), also known as Carol, Lady Kidu, DBE, is an Australian-born Papua New Guinean politician.
Kidu was the only female Member of Parliament in the 2002–2007 and 2007–2012 National Pa ...
claimed 50% of those seeking medical help after rape are under 16, 25% are under 12 and 10% are under 8.
Indigenous rights
With over 800 indigenous tribes and languages, PNG is one of the most heterogeneous countries in the world. Recognition of indigenous rights in the country is poor and the divide in language, customs and tradition, has resulted in regular intertribal feuds. PNG has not ratified either the ILO Convention on Indigenous and Tribal Peoples in Independent Countries 1989 (CITP) or the United Nations Declaration on the Rights of Indigenous Peoples.
On May 27, 2010 the government of PNG passed the Environment (Amendment) Bill 2010 which amends sections of the Environment and Conservation Act 2000 and gives the Secretary of the Department of Conservation the power to approve activities by mining and petroleum companies without the agreement of the traditional landowners. Any approval issued by the director will be final and “may not be challenged or reviewed in any court or tribunal, except at the instigation of an Authorization Instrument”.
These amendments are in contravention of the right of indigenous people to own land under s 53 of the constitution and Articles 14, 15 and 16 of the CITP as well as traditional customary law which recognises indigenous customary title to land. They also violate article 15.2 of the CITP which asserts that where the state retains ownership of sub-surface resources they shall consult indigenous peoples before undertaking or permitting any programs for the exploitation of such resources in regards to their lands.
Although the right of indigenous peoples to own land is protected under the constitution, this only pertains to the first six feet below the surface of the land. As a result, the government can lease mining rights to companies to mine below the lands surface. Mining corporation Barrick Gold has been leased mining rights to mine in Porgera in the Southern Highlands. As a result, there have been forced eviction of people from their homes and serious misconduct by police in this area. Amnesty International found that there were no effective means for people of the public could complain against the police acting in violation of international law and standards.
Historical situation
The following chart shows Papua New Guinea's ratings since 1975 in the Freedom in the World
''Freedom in the World'' is a yearly survey and report by the U.S.-based non-governmental organization Freedom House that measures the degree of civil liberties and political rights in every nation and significant related and disputed territori ...
reports, published annually by Freedom House. A score of 1 is "most free" and 7 is "least free".
See also
*LGBT rights in Papua New Guinea
Lesbian, gay, bisexual, and transgender (LGBT) persons in Papua New Guinea face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal, punishable by up to 14 years' imprisonment, but the law is not enf ...
References
External links
Constitution of Papua New Guinea
Working Group Report on the Universal Periodic Review of Papua New Guinea
Findings of the UN Special Rapporteur on Torture
Papua New Guinea Human Rights Library: Internet Archive
{{Oceania topic, Human rights in
Papua New Guinea
Papua New Guinea (abbreviated PNG; , ; tpi, Papua Niugini; ho, Papua Niu Gini), officially the Independent State of Papua New Guinea ( tpi, Independen Stet bilong Papua Niugini; ho, Independen Stet bilong Papua Niu Gini), is a country i ...