Women's rights in Papua New Guinea

Gendered violence against women, limited access to education, restricted health services and the cultural practice of witch hunts are all issues which arise for women living in Papua New Guinea (PNG). PNG has introduced several pieces of legislation to combat these issues. The Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) released a comprehensive report in 2010 focusing on the rights of women in PNG.

Violence against women

Sexual and Domestic Violence
Main article: Sexual violence in Papua New Guinea

It is estimated that 67% of women in PNG have suffered domestic abuse and over 50% of women have been raped.[1] This reportedly increases to 100% in the Highlands. Further studies have found that 86% of women had been beaten during pregnancy.[2] Studies estimate that 60% of men have participated in a gang rape.[1] A 2014 study by UN Women found that when accessing public transport more than 90% of women and girls had experienced some kind of violence.[3]

Cases of violence against women in PNG are under reported. This is due in part to gender-based violence being socially legitimized and the accompanying culture of silence.[4] Additionally, there is a lack of services for women who experience violence. These services include shelters, counselling and safe houses.[5] PNG has also faced reports of sexual abuse of women by police officers.[5] These abuses have occurred on arrest and whilst in police custody. These assaults are reportedly carried out by both police officers and male detainees. There are also reports of collective rape.[5] These incidents lack documentation or investigation. Consequently, perpetrators are not prosecuted or punished.[5]

Amnesty International report

Amnesty International highlights the issue of gendered violence in the Papua New Guinea 2016-2017 human rights report.[6] This report highlights widespread violence which is experienced by women and children. The prosecution of incidents of violence is rare.[6] This report also highlights key cultural practices which are seen as continually undermining the rights of women. These cultural practices include bride price and polygamy.[6]

Health

Maternal health

Accessibility to affordable and appropriate health care is an issue faced by women in PNG, particularly for women located in the outer islands. Reports have found that the life expectancy for women is lower than for men.[7] This is linked to the high rate of maternal mortality. PNG has the second-highest rate of maternal death in the Asia Pacific region.[8] It is estimated that just over 50% of women give birth with the aid of a health facility or skilled attendant.[8] Statistics estimate that 930 out of 100,000 live births result in a maternal death.[7] A major cause of maternal mortality is abortion. Abortion is illegal in PNG, unless the mother's life is at risk.[8] Illegal abortions carry a penalty of 7 years imprisonment.[9] The criminalisation of abortion has led to women seeking clandestine, and often unsafe abortions.[9] These illegal abortions often pose significant risks to the health and lives of women.[9] There is a lack of data on the effect of illegal abortions on the rate of maternal deaths in PNG.[9]

Health care information

The CEDAW Committee has also raised concerns about the health care information and services available to women in PNG.[10] In particular preventive health care information in the areas of sexual and reproductive health.[11] PNG also has low rates of contraceptive use leading to high rates of teenage pregnancies and sexually transmitted infections.[10] The universal access to contraception is supported by the PNG government. However, it is estimated that only a third of women have access to contraception.[8]

There are also limited services focusing on mental health and well-being. Especially for women who require specialised care.[10]

Customary practices

Many traditional customary practices are followed in PNG. These include polygamy, bride price (dava), the stereotypical roles assigned to both men and women, and the continuing custom that compensation payments can include women.[12]:5 These cultural practices reflect deep-rooted stereotypes and patriarchal attitudes. The CEDAW Committee commented that these cultural practices risk the perpetuation of discrimination against women, as they reinforce the unequal status of women in many areas.[12]:5 At this stage these stereotypical values and cultural practices continue due to a lack of sustained systematic action by PNG to modify or eliminate these practices.[12]

Marriage

Cultural practices in relation to marriage include polygamy, bride price and early marriage. Marriages may also be forced or arranged. In rural and remote areas the traditional cultural practices remain. These practices cover marriage, dissolution, inheritance and family relations.[12]:13

The PNG government announced on 22 August 2016 that an amendment will be introduced to change the country's marriage and divorce laws. The Marriage (Amendment) Bill 2015 and the Matrimonial (Clauses) Bill 2015, are likely to amend the Matrimonial (Clauses) Act 1963 and Marriage Act 1963. These amendments would set a new minimum age for marriages for both boys and girls.[13] These amendments will introduce a fine of between K10,000[US$3200] to K20,000 [US$6400] for offenders who force minors to marry before the age of 17 years.[13]

Witch hunts
Main article: Witch-hunts in Papua New Guinea

Witch killings are an ongoing phenomenon in PNG, especially in the Highlands. The UN has estimated that 200 witch killings occur annually. The government recognises both "white magic", which involves healing and fertility, and sorcery. Sorcery or "black magic" carries a jail sentence of up to 2 years imprisonment.[14] Witch killings tend to be carried out by groups of men and often the whole community is involved.[14] Women and girls tend to be accused of performing witchcraft. Often the individuals targeted are vulnerable young women, or widows without sons.[15]

In 2014, 122 people were charged following the deaths of more than seven people accused of sorcery.[16]

The CEDAW Committee highlighted the increasing reports of the torture and killing of women and girls accused of witchcraft. These women and girls were identified as typically being vulnerable members of society, in particular older women without adult sons. The Committee also raised concerns about the lack of information on this cultural practice. To properly understand this phenomenon investigations, prosecutions and the judgments of these cases are required.[4]

Leniata Legacy

The women's advocacy group the Leniata Legacy was founded following the brutal murder of Kepari Leniata in 2013.[1] Leniata was publicly tortured and burned to death after being accused of sorcery.

UN involvement

Convention on the Elimination of All Forms of Discrimination against Women

PNG became a member of the United Nations in 1975. In 1995 PNG ratified CEDAW without reservations. Despite ratifying CEDAW, PNG has yet to incorporate it into the domestic law of PNG. Consequently, it lacks the status of domestic law under that Act of Parliament or Constitution. In the 2010 Concluding observations of the Committee on the Elimination of Discrimination against Women focused on PNG, the Committee urged PNG to fully incorporate CEDAW in its domestic legal system. The Committee was also concerned about the awareness of the inhabitants of PNG in relation to the Convention. This concern has arisen because the Convention has not been translated into the main social languages of PNG.[12]:3

United Nations Development Program

The United Nations Development Program (UNDP) is working with the UN Gender Task Team to help develop Policy on Gender Equality and Women Empowerment in Papua New Guinea. UNDP has three key areas: 1) Supporting women so that they can participate and represent in decision making, both at national and sub-national levels; 2) Giving support to initiatives which address Gender based violence; 3)To promote women's economic empowerment.[17]

UN Women

Due to widespread violence against women, the UN Women's Strategic Plan[18] has focused on PNG as a priority country.[19] UN Women are focusing on the existing gender-based violence in PNG, the role of women in political developments, inter-agency coordination mechanisms, women's economic empowerment and advancing the gender equality agenda.[19]

Education

Cultural practices and traditional attitudes often act as a barrier for women and girls trying to access education. There is a high level of harassment and sexual abuse experienced by girls in education facilities. Perpetrators include male teachers. These assaults combined with expulsion due to pregnancy, have led to a lower completion rate of girls compared to boys. There is also a lack of data available about the dropout rates, literacy rates and education enrolment rates. This lack of data makes compiling comparative analysis challenging.[12]:9

In 2002, PNG launched the Gender Equity in Education Policy. The aim of this policy was to address the gender gap which occur at all levels of education. Following this is 2005, PNG launched a 10-year education plan. There is still a lack of transparency about the education sectors budget.[12]:9

The CEDAW Committee highlighted education as being fundamental for the advancement of girls and women. Restricted access to education was identified as a barrier to the full enjoyment of girl's and women's human rights.[12]:9

Access to justice

PNG operates a plural legal system. Customary law is subordinate to the Constitution and statutory law. PNG lacks an effective system for dealing with complaints which arise from the legal system. There is also a failure to keep records of the complaints filed by women and their outcome. Furthermore, traditional apologies are still offered as a form of resolution for offences committed. This cultural practice is still performed in the context of village courts.[5]

Legislation

Under the revised Criminal Code, the Sexual Offences and Crimes Against Children Act introduced a range of new offences. Introduced in 2002, this Act created new offences including marital rape. This was further developed to include grading according to the seriousness of harm, and the manner of sexual violation.[4]

The Lukautim Pikinini (Child Protection) Act was adopted in 2009. This Act included provisions aimed at protecting girls from discrimination.[20]

In 2013 the Family Protection Bill was introduced.[21] This Bill criminalised domestic violence. Breaches of this Act can incur fines of up to k5,000 (US $1,650) and up to 2 years imprisonment.[20] Since the introduction of this Bill there has been no further action taken by the PNG government, and the rates of violence remain unchanged.[1] Although the Family Protection Bill was passed in 2013, it has yet to be implemented.[8]

In 2014 an amendment to the PNG Criminal Code was introduced. The Criminal Code (Amendment) Act 2014 criminalised sorcery-related killings and violence.[20] The aim of this Act was to protect women accused of sorcery.[20]

PNG previously prepared the Equality and Participation Bill. This Bill aimed to increase the representation of women in Parliament by having 22 seats reserved for women. However, this Bill failed to pass in 2012 and is yet to be reconsidered.[12]:8

See also

References
  1. Lytton, Charlotte (16 December 2015). "Two-thirds of women in Papua New Guinea suffer domestic abuse – how can it be stopped?". The Guardian. Retrieved 11 February 2018.
  2. , Stop Violence Child Fund Australia, at 5.
  3. , www.asiapacific.unwomen.org.
  4. , Committee on the Elimination of Discrimination against Women, Forty-sixth session, 12–30 July 2010, at 6
  5. , Committee on the Elimination of Discrimination against Women, Forty-sixth session, 12–30 July 2010, at 7
  6. "Papua New Guinea 2016/2017". Amnesty International. Retrieved 11 February 2018.
  7. , Committee on the Elimination of Discrimination against Women, Forty-sixth session, 12–30 July 2010, at 10
  8. , Human Rights Watch World Report 2017.
  9. , Committee on the Elimination of Discrimination against Women, Forty-sixth session, 12–30 July 2010, at 10
  10. , Committee on the Elimination of Discrimination against Women, Forty-sixth session, 12–30 July 2010, at 11
  11. , Committee on the Elimination of Discrimination against Women, Forty-sixth session, 12–30 July 2010, at 11
  12. "Convention on the Elimination of All Forms of Discrimination against Women, Forty-sixth session". 30 July 2010.
  13. , Papua New Guinea: Changes to Marriage Laws to be Introduced.
  14. Morris, Lulu (12 April 2017). "Witch Hunting in Papua New Guinea". National Geographic. Retrieved 11 February 2018.
  15. , Human Rights Watch, Papua New Guinea.
  16. , www.amnesty.org/en/countries/asia-and-the-pacific/papua-new-guinea/report-papua-new-guinea/
  17. "Gender Program". UNDP in Papua New Guinea. Retrieved 11 February 2018.
  18. "Publication: Strategic Plan 2014–17: Making this the century for women".
  19. , www.asiapacific.unwomen.org.
  20. , National Report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21* at 6
  21. , Family Protection Bill 2013.
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