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Accepted and Rejected Recommendations
III. Law and justice reforms
Key legal reforms undertaken following the first review areas
31. The Family Protection Act 2013 passed by the National Parliament on 18 September 2013 provides a comprehensive legislative framework to combat domestic violence against women in Papua New Guinea and to provide for family and interim protection orders. It also criminalises domestic violence; allows for neighbours, relatives and children to report domestic violence; as well as gives police the power to remove perpetrators from their homes to protect the victim. Penalties for breach of the Act include fines up to K5,000.00 (US$1,650.00) and 2 years in prison.
33. The LukautimPikinini Act 2015 provides a comprehensive framework on the protection of the female child and introduces provisions for women with children and pregnant women in custody.
34. The Juvenile Justice Act 2014 provides protection and welfare for juveniles, including female juveniles, in custody or detention with emphasis on non-custodial sentences and shortest possible period of time in detention.
35. The Criminal Code (Amendment) Act 2013 criminalises the acts of human trafficking and people smuggling and grants immunity from prosecution to victims of human trafficking, which includes women and children, for any criminal offence including prostitution as a direct consequence of trafficking.
37. The Civil Registry Act 2014 expands the identification services for Papua New Guineans and provides for the registration of one wife to have access to property and matrimonial rights. However, this has raised the issue of the rights of the second wife and that of her children. This issue is being addressed by the Government.
Training for Village Courts on human rights issues
46. The Act further stipulates under Section 3.2B (Village Courts Principles) that “if a matter before a Village Court involves a child; the Court is to act in the best interest of the child”.
47. Village Courts in PNG are mandated by law to uphold basic Human Rights as guaranteed under the Constitution in relation to protection for women and children from all forms of violence.
Magisterial services
48. The Government, through the Magisterial Services, has commenced training for district court magistrates on human rights in general and in relation to the protection orders under the Family Protection Act to protect women and children, including men, against domestic violence including threats and intimidation.
Specific human rights
Children
Prohibition of corporal punishment
50. The Government banned corporal punishment (the use of physical force against a student) in elementary and primary educational institutions. The Behaviour Management Policy (2009) was developed to address behavioural issues in schools. This policy clarifies the roles, rights and responsibilities of schools, parents and guardians, teachers and students in improving student discipline and raising achievement.
51. There is no specific legislation prohibiting corporal punishment, however, certain laws such as the Juvenile Justice Act and LukautimPikinini Act 2015 provides for the protection of children in relation to the use of excessive force against children as punishment. The LukautimPikinini Act in particular prohibits the use of harmful practices against children.
52. The LukautimPikinini Act in particular prohibits the use of harmful practices against children; further promoting the option of community based sentencing, even if not diverted, for juveniles to serve in communities, and increased the criminal responsibility age from 7 to 10 years old. This seeks to contribute to minimising the exposure to violence or other harmful practices such as corporal punishment to be used against a child/juvenile.
Successful programmes to keep adolescents out of the prison system where possible
53. The Juvenile Justice Act provides diversion options for juveniles with emphasis on the police and courts to consider diversion options where possible.
54. The Government partners with NGOs and faith-based organisations to run diversion programs in accordance with Government standards.
55. The Government, through the Office of the Civil Registry, has the mandate to register all births of children in the country. Awareness programs on the role of the Office of the Civil Registry and the requirement to register all births has been conducted nationwide.
56. In 2014, the Government initiated the National Identification Project which addresses the issue of registration for all Papua New Guinea citizens. Under this initiative, all Papua New Guinea citizens are required to be registered.
Law enforcement and alleged abuses
Measures to address police abuse
65. The LukautimPikinini Act in particular prohibits the use of harmful practices against children; further promoting the option of community based sentences, even if not diverted, for juveniles to serve in communities, and increased the criminal responsibility age from 7 to 10 years old. This seeks to contribute to minimising the exposure to violence or other harmful practices such as corporal punishment to be used against a child/juvenile.
Human trafficking
Criminal Code (Amendment) Act 2013
70. In 2013 the Criminal Code was amended to criminalize the act of trafficking in persons for exploitation purposes and provides for the protection of trafficked persons. This includes protection for girls and boys under the age of 18.
Economic and social development
Measures to improve economic and social development
80. The Government's District Support Improvement Plan (DSIP) of providing K10 million (US$3,265,000.00) to all 89 Districts and other similar fiscal measures such as the Public Investment Programme (PIP) have enabled capital and financial resources to be decentralised to the District levels in the country for infrastructure development, including roads, wharfs, schools, health centres and economic opportunities to support improve the lives and livelihoods of the majority of citizens who live in the rural areas.
Programmes and measures aimed at ensuring universal health services
81. A priority under the current Government was to ensure health and educational services are rolled out throughout the country, particularly to areas which have been neglected in the past. In 2014, the Government established District Development Authorities (DDAs) to ensure that those basic services are rolled out in the districts. A major achievement that is supporting primary health services for citizens is the Government's Free Health Policy for primary health care and services.
82. The Government developed the National Health Plan (2011–2020) which aims to strengthen primary health care for all and improve service delivery for the rural majority and the urban disadvantaged. The Health Plan contains eight (8) Key Result Areas (KRA’s) of target for the National Health Sector:
(d) Improve child survival;
83. Some of the health sector policies developed by the Government to implement the Health Plan:
- Infant and Young Child Feeding Policy;...
- Integrated Management of Childhood Illness;
KRA 5: Improving Maternal Health
84. The Government developed the Health Plan with an emphasis on the improvement of Maternal Health.
85. Achievements in relation to improving maternal health:
(d) Improve awareness on sexual reproductive health for adolescents through training.
(e) Decrease neonate deaths through training and the development of the Infant and Young Child Feeding Policy 2013 and the National Newborn Health Policy 2013.
Maternal Mortality
86. Policies Developed with direct goals to reduce Maternal Mortality rates;...
(c) Infant and Young Child Feeding Policy 2013;...
Family Support Centres (FSCs)
87. The Government developed and established hospital based Family Support Centres (FSC) to assist victims of violence with a one-stop shop for coordinated medical, psychosocial and referral services, and case-management support has improved the situation of women survivors of gender-based violence (GBV). The establishment of FSCs is in line with the National Health Plan (2001–2020), which emphasises on the value of rolling out FSCs as a strategy for addressing the poor indicators related to maternal and child health and HIV/AIDS and STIs, and to improve healthy lifestyles. The FSC guidelines were finalised in 2012 and disseminated in 2013.
HIV and AIDS
93. The Government acknowledges that young women are highly vulnerable to HIV infection. Therefore, the Government has made more efforts to ensure both men and women, including young children at the age of 15years, are receiving the required treatment. As of July 2015, 86percent of adults and children living with HIV were receiving treatment.
Climate change and environment
Regional and international efforts
97. The Government has engaged in partnerships with relevant government agencies and NGOs such as IOM to combat issues on impacts of climate change on the lives of the people, including the issue of climate-induced migration. The Climate Change Development Authority has three prioritised responsibilities under the Adaptation Division, these areas include, coastal flooding, inland flooding and food security. Awareness, Training and Capacity Building with communities have been conducted on the impacts of climate change under the Enhancing Adaptive Capacity of Communities to Climate Change related Floods in the North Coast and Island Region of PNG. This will continue in the Building Resistance to climate change program. The Adaptation Interventions will be implemented by national agencies and will involve community participation by including women, children and the elderly etc.
Gender Equality
GESI Policy (2013–2015)
119. The Gender Equality and Social Inclusion (GESI) Policy provides a progressive mechanism for the empowerment of women and girls within the Public Service. The GESI is specifically aimed at promoting, building skills and capacity of women to be leaders in the Public Service and the wider community. It also provides for the protection of women from gender-based violence and exploitation in professional settings.
Violence against women and girls
130. The Government established a multi-sectoral technical working group which started the process to develop asexual and gender based violence strategy (Sexual Gender Based Violence Strategy (2015–2020)).The Government has also conducted training programs on sexual and gender based violence for relevant stakeholders.
Measures/achievement
131. Some of the measures being implemented by the Government to address violence against women and girls include:
- The creation of domestic violence centres and family support centre which are accessible in the urban and provincial centres;
- Gender mainstreaming within different government departments through the GESI Policy;
- Criminalising gender-based violence.
IV. Follow-up and implementation of recommendations and commitments undertaken in the previous review
Consider ratification of core international human rights treaties and optional protocols (OP-CEDAW, CAT, OP-CAT,CERD, CRPD, OP-CRC-AC, OPCRC- SC, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 1954 Convention relating to the Status of Stateless Persons, 1961 Convention on the Reduction of Statelessness) (Recs. 78/1, 78/2, 78/3, 78/4, 78/5, 78/6, 78/7, 78/8, 78/9, 79/1, 79/3, 79/4, 79/5, 79/6, 79/7, 79/10, 79/11, 79/12, 79/13, 79/14)
139. Papua New Guinea has made a commitment to ensure the ratification of all core human rights conventions to safeguard and advance the rights of its citizens and it has therefore accepted recommendations to consider ratifying the treaties.
Optional Protocol to CEDAW (OP-CEDAW)
140. Papua New Guinea has not ratified the Optional Protocol to CEDAW (OP-CEDAW). However, Papua New Guinea has a number of domestic legislations and policies that are already addressing the issues that the Optional Protocols are aimed at addressing i.e. Domestic Violence is now a crime under our criminal codes, Sexual Violence Act criminalises underage marriage, marital rape, attempt rape etc.
Optional Protocol to the CRC on the Involvement of Children in Armed Conflict (OP-CRC-AC)
145. Papua New Guinea has not acceded to the OP-CRC-AC.
Optional Protocol to the CRC – Sale of Children (OPCRC-SC)
146. Papua New Guinea has not acceded to the OPCRC-SC.
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
147. Papua New Guinea has commenced the process to ratify the Protocol on Trafficking in Persons. Pending the ratification, however, there have been developments made to the domestic laws to criminalise the act of trafficking in persons and provide protection for victims of trafficking.
163. The Government has recently passed the LukautimPikinini Act 2015 which, inter alia, provides for special treatment and care to be given to pregnant inmates and inmates who have children living with them who are under the age of three.
I. Background and framework
B. Constitutional and legislative framework
8. The country team indicated that the Juvenile Justice Act (2014) established a juvenile justice system focusing on restorative justice as an alternative to imprisonment, rehabilitation, fast-tracking of juveniles’ cases and increased monitoring of conditions in places of juvenile detention.
9. The country team stated that the Child Protection Act (2015) strengthened child protection, including from discrimination, and provided that the interest of the child was paramount in all actions and decisions concerning the child.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
B. Right to life, liberty and security of the person
36. The country team noted that, although violence against children was prohibited under the Child Protection Act, corporal punishment was not explicitly prohibited. The Criminal Code provided for the use of such force as was reasonable under the circumstances by parents and schoolteachers. The country team recommended that article 278 of the Criminal Code be repealed and corporal punishment prohibited.
C. Administration of justice, including impunity, and the rule of law
43. The Special Rapporteur on torture noted that the Police Juvenile Policy and Diversity Protocol was an excellent tool for dealing with juveniles in conflict with the law. However, it had not been sufficiently applied. He recommended that the country implement it and that all juveniles be removed from police lock-up.
G. Right to health
50. The country team, in relation to recommendations received during the first universal periodic review, noted that, in 2014, Papua New Guinea had adopted a policy on Free Primary Health Care and Subsidized Specialist Services. The policy was aimed at achieving equity and universal access to health services by eliminating user fees and ensuring financial protection against catastrophic expenditures on health. In addition, a number of policies had been adopted to improve maternal health, including the Youth and Adolescent Health Policy and the National Health Sector Gender Policy.105 The country team stated that those polices were articulated in the National Health Plan, 2011-2020, which was focused on vulnerable populations. However effective implementation at provincial and community levels remained a challenge.
51. While noting the establishment of the National Maternal Death Committee, the country team considered that effective coordination between the National Department of Health, the Provincial Health Authority and the District Development Authority would be key in improving the performance of the health sector.
H. Right to education
53. UNESCO stated that the Constitution did not specifically provide the right to education, and that there were no legal provisions regarding free or compulsory education or any age limits set. However, Papua New Guinea had adopted legislation aimed at improving the quality of education, notably the Higher Education Bill (2014). In addition, through the Universal Basic Education Plan 2010-2019, Papua New Guinea was implementing compulsory primary education. In 2013, the country released funds to achieve free education programmes; however, not every educational institution could benefit from them. Human rights education remained limited in school and no additional steps had been taken toward special education for persons with disabilities. UNESCO recommended that Papua New Guinea continue its efforts to achieve its goals of universal education, gender equality and free education programmes for all educational institutions; and ratify the Convention against Discrimination in Education.
54. The country team stated that, in 2012, Papua New Guinea had implemented the Tuition Fee Free education policy, which covered the cost of tuition for students in public schools from primary school to Grade Ten, and extended the policy to include project fees in 2015. The policy was critical to improving access to education, especially by disadvantaged and marginalized children. In addition, the policy had contributed to increased enrolment in schools, particularly in basic education, with almost two million children enrolled in 2014 compared with about one million a decade before. Despite those achievements, significant disparities still existed across the country and almost half a million children were out of school. According to the country team, stronger monitoring of the policy and expenditure was needed, as well as better targeting of the policy, including allocating more resources to remote and less-resourced schools.
55. The Special Rapporteur on violence against women also noted that, owing to the low number of schools and their remoteness, access to education remained very limited for the majority of the population in rural areas.
K. Migrants, refugees and asylum seekers
62. In 2014, several special procedure mandate holders sent a communication regarding allegations concerning the indefinite detention of asylum seekers, the detention of children, detention conditions and the violent response to protests against those conditions. The experts noted information received, according to which at the end of January 2014, asylum seekers at the Manus Island Regional Processing Centre had staged protests about their conditions. On 17 and 18 February 2014, the protests had escalated violently in the Centre. The G4S security guards (the private company providing security at the detention facility) allegedly responded with excessive use of force when protests escalated.122 The country team expressed similar concerns.
I. Information provided by stakeholders
A. Background and framework
3 Institutional and human rights infrastructure and policy measures
8. JS1, OHR and IPA expressed concern at the insufficient awareness of human rights among people in PNG. JS1 recommended implementing a new curriculum that includes teaching of human rights across all levels of education.OHR recommended that human rights education be a priority.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
31. JS1was concerned that domestic violence against children was increasing in PNG, and children brought up in violent homes were at extreme risk to several health issues, both physical and mental.68 Children under 16 represented half the number of reported rape cases, with one in four being under 12. JS1 also expressed concern at violence at school among students. Female students were particularly disadvantaged as parents were less likely to send their daughters to school for fear they will get pregnant. JS1 recommended to ensure that schools develop child protection policies and implement them.71
32. MSF reported that, between January-June 2015, 37% of the sexual violence cases treated by MSF in Hela Province were under the age of 15, while over 60% in cases treated in Port Moresby were children. There were no provisions for safe house facilities for children.
33. Global initiative to End All Corporal Punishment of Children (GIEACPC) indicated that, during its 1st UPR, PNG accepted recommendations to prohibit all corporal punishment of children. In this regard, PNG enacted the Juvenile Justice Act 2014, which explicitly prohibited corporal punishment in penal institutions and as a sentence for crime. GIEACPC noted, however, that the Family Protection Act 2013 did not achieve prohibition of corporal punishment in childrearing. GIEACPC recommended to clearly prohibit all corporal punishment of children in all settings including the home and explicitly repeal the right to use force “by way of correction” in the Criminal Code 1974.
4. Right to work and to just and favourable conditions of work
38. Global Witness (GW) reported alarming working conditions and evidence of child labour at an oil palm plantation in the Pomio District of East New Britain province. The plantation was being established under one of the SABLs (see below indigenous peoples section below). In August 2014, GW documented workers being exposed to concentrated synthetic fertilisers for protracted periods without gloves, masks, shoes or other protective clothing. Women and children were seen completing manual tasks such as packing fertilizer into bags with their bare hands at a plantation facility. GW recalled that, according to ILO standards, common health risks associated with exposure to these fertilisers includes burns, dermatitis, respiratory and pulmonary problems. GW recommended to take proactive measures to fully enforce child labor laws, particularly in industrial plantation operations; increase oversight of labor conditions in logging concessions and oil palm plantations to ensure adequate safety standards in compliance with national and international law, and undertake appropriate sanctions where laws are found to be violated.
6. Right to health
45. IPA was concerned at the high mortality rate for many children under five due to a lack of access to adequate healthcare. JS1 stated that the fall in mortality rates did not allow PNG to meet MDG4. Health services were inadequate for the majority of the population, in particular women and children. Limited medical supplies, equipment, facilities, knowledge and communication systems had led to maternal, child and infant deaths.
7. Right to education
49. JS1 noted as a positive measure the Free Education Policy. However, JS1 was concerned that it did not work to its full potential, and it was not monitored as some schools still charge for children to be enrolled.104 IPA indicated that students drop out of school unable to pay the fees. In addition, schools are becoming over-crowded and many children are denied places due to limited enrolment and boarding spaces. Moreover, for schools in remote areas and in some townships, there was a limited number of teaching staff and some classes went without teachers for months.
50. IPA noted that many children did not enjoy their right to education due to a lack of accessibility. Some children had to walk four hours to obtain education in a primary school and often the children start in grade three as an infants school was many hours walk from the villages. Few students had an opportunity to secondary schooling much less higher education. In addition, there was inadequate provision of schooling. In addition, IPA stated that the youth continue to grow disaffected with lack of educational opportunities and unemployment.
51. JS1 recommended that PNG ensure all forms of primary education are free and accessible to all communities; Monitor school enrolments with increased monitoring in rural areas; improve school facilities; and supply clean water and toilet facilities.
8. Persons with disabilities
52. JS1 saluted progress made by PNG in recognising and supporting the rights of children with disabilities. Since its previous UPR, PNG ratified the CRPD and established a National Disability Policy 2015-2025 in line with the Convention. PNG also instituted the national Universal Basic Education (UBE). However, JS1 noted that among 413,250 children with a disability in PNG, over 90% of them were not registered at one of the 23 Special Education Resource Centres nor in a mainstream school. According to HRW, children with disabilities in PNG faced abuse, discrimination, exclusion, lack of accessibility, and a wide range of barriers to education.
53. JS1noted that both female and male children with disabilities usually did not benefit from health treatments. Females with disabilities are more at risk of not being included in education, and both female and male children with disabilities could be subject to emotional, physical and/or sexual abuse.113 According to JS1, a needs analysis undertaken by Callan Services identified the current barriers for children with disabilities to be able to participate in education and in their local communities including limited teaching skills and lack of coordination between Government departments in providing services for children with disabilities.114 JS1 recommended to establish an independent body for the monitoring of the implementation of the CRPD and the National Disability Policy 2015-2025. It also recommended to work with civil society organizations to establish models and processes for the extension of special education services to all children across the country, with reasonable curriculum adaptations and the necessary teacher and teaching resources.
9. Indigenous peoples
54. Cultural Survival (CS) stated that, during its 1st UPR, PNG supported a recommendation related to indigenous peoples’ rights. CS indicated that many indigenous communities existed in remote rural areas, which had fomented the continuation of distinct cultural practices. However, the isolation had deprived individuals of access to crucial resources and public services, including clean water, healthcare, and education. Many, oftentimes abused women, walk for at least four days to access roads leading to urban centres.
11. Right to development and environmental issues
72. Global Witness (GW) expressed similar concerns. It recalled that PNG also committed to provide adequate judicial review and compensation for cases of government projects that had negative environmental impact on the land and resources of traditional landowners and promote engagement with local communities in the decision-making processes of any Government’s project; to take effective measures to prevent abuse and violence by the police force and bring perpetrators to justice; ensure that victims benefit from full reparations; and ensure protection against child labour. However, since 2003, the Government had handed over 5.2 million hectares of this customary land - approximately 12 % of PNG’s total land mass - to mostly foreign-controlled corporate entities through the abuse of Special Agriculture and Business Lease (SABL).
Accepted and Rejected Recommendations
The recommendations listed below enjoy the support of Papua New Guinea:
104.54 Create social programmes to assist children engaged in the worst forms of child labor, particularly in commercial sexual exploitation (United States of America);
104.63 Repeal any remaining laws and regulations that discriminate against women and girls, and to ensure that these laws are in compliance with human rights obligations and commitments (Norway);
104.64 Repeal remaining laws and regulations that discriminate against women and girls or amend them in line with international human rights standards (Netherlands);
104.70 Facilitate access to girls and boys to schools, particularly in rural areas (Mexico);
104.71 Continue to put in place policies and programmes aimed at eliminating all discrimination against women and achieving gender equality, including active promotion of higher education for women and improving the number of women holding decision-making positions in public and private sectors (Malaysia);
104.96 Step up efforts for the implementation of an appropriate legal framework for the protection of women and girls from all forms of gender-based violence (Honduras);
104.106 Increase human and financial investments to support effective implementation of National Policies for Women and Gender Equality and Child Protection (Kyrgyzstan);
104.117 Take all measures necessary to implement and effectively enforce the Family Protection Act, and strengthen the efforts to protect women and children from violence, in the families as well as when within the hands of the governments institutions (Germany);
104.119 Reduce violence among schoolchildren, combining targeted research with social and community activism (Haiti);
104.120 Continue with its efforts to combat violence against women and children, especially domestic violence and violence related to accusations of sorcery (Holy See);
104.132 Implement fully the Family Protection Act from 2013, to ensure that police and prosecutors treat gender-based violence, including within the family, as criminal matters, and to adopt a comprehensive national action plan to combat sexual and gender-based violence, including raising general awareness through education and training, develop official and credible statistics, and ensuring access to justice for victims (Sweden);
104.133 Ensure that the Family Protection Act is implemented, including by establishing clear policies requiring authorities in all regions to investigate fully cases of family violence and violent attacks against persons alleged to be sorcerers, and by ensuring that perpetrators are brought to justice (Canada);
104.144 Provide access to basic services such as health, education and justice to populations living in remote areas (Pakistan);
104.147 Step up efforts to improve literacy rates among its population, focusing on women and girls, notably in the rural area (Haiti);
104.148 Implement effective measures to reduce the discrimination against women, including access to health, education, social welfare, justice and administrative services (Honduras);
104.149 Continue its efforts to achieve its goals of universal education, gender empowerment and free education (Pakistan);
104.158 Dedicate more resources to ensuring access to basic facilities to indigenous peoples including clean water, healthcare and education (Malaysia);
The recommendations listed below do not enjoy the support of Papua New Guinea and are noted:
104.15 Ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (Guatemala) (Uruguay);
104.16 Ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Guatemala) (Uruguay);
104.94 Take further measures and strengthen its legislation to prevent and punish all forms of violence against women and girls (Turkey);
104.109 Strengthen the measures and norms necessary for the full implementation of the Law on the Protection of the Family, explicitly sanctioning the corporal punishment of children (Chile);
104.125 Continue efforts undertaken in the promotion of the rights of the Child and, in this regard, to encourage to ratify the two Optional Protocols to the Convention of the Rights of the Child (France);
104.126 Repeal article 278 of the Criminal Code and prohibit corporal punishment in all settings including the home; and improve the accessibility and resourcing of education to all communities, especially those located in remote areas (Ireland);
104.140 Improve access to drinking water and sanitation in rural areas and urban settlements as well as in key areas such as schools in order to bring about the realization of the right to drinking water and the right to sanitation (Spain);
104.141 Improve health care and reduce infant and young child mortality (China);
104.146 Continue to improve access to health care and raise awareness of reproductive health for women, children, youth, as well as migrants and asylum seekers in order to decrease maternal, child and infant mortality (Thailand);