UPR Sexual Rights Database

National Report:
Para 118) The National Policy for Women and Gender Equity provides for women empowerment for equal participation and beneficial in all areas of economic, social, political and spiritual development.

Para 121) The National Council of Women Act 2013 provides for equal participation in political and public affairs.

Para 123) The Constitutional Amendment No. 32, Equality and Participation Law 2011 promotes equality in political participation, giving effect to the second goal of the National Goals and Directive Principles of Equality and Participation adding "a number of women elected from a single member women's electorate as defined under an Organic Law".

Challenges
Para 128) Papua New Guinea has made significant progress to date, but has not achieved gender parity in education. Representation of women in parliament is also low. Papua New Guinea is a signatory to several international conventions and instruments to support gender equality and empowerment including CEDAW, MDGs and the SDGs. Targets under these instruments has been domesticated and progress has been made, such as MDG 3 which focuses on the inclusion of women and girls in education and economic and political empowerment.

Measures to ensure greater representation in Parliament for women
Para 135) The Government has enacted the Constitutional Amendment No. 32. Equality and Participation Law (2011) which promotes equality in political participation. This law gives effect to the second goal of the National Goals and Directive Principles (NGDPs) of Equality and Participation adding "a number of women elected from a single member women's electorate as defined under an Organic Law."

Para 136) The Government also enacted the National Council of Women Act 2013 which provides for equal participation in political and public affairs. The Constitution also provides for the principle of equality between men and women in all areas.

Para 137) Recognizing the disparity of women's representation in parliament at the regional level, in 2012 the Pacific Islands Forum Gender Equality Declaration, which Papua New Guinea is a State party, committed to adopt measures to accelerate women participation, such as temporary special measures to establish reserved seats for women and political party reforms. Despite efforts to improve this situation there remains much work to be done.

Para 138) Despite the obstacles, Papua New Guinea has made some progress over the past 3 to 5 years, at both the National and Sub National levels. There are now three female MPs in Parliament compared to one woman in the previous Parliament. Over 20 women were also elected at the last Local Level Government Elections; and Political Parties are getting more women into party leadership. This is due to advocacy from women's groups, development partners including UNDP, EU, USA and Australia.

UN Compilation:
Para 46) The country team stated that women's participation in political office was low. In 2012, three women had been elected for a total of 111 seats (2.7 per cent). In the autonomous region of Bougainville, 3 of 39 parliamentary seats were reserved for women. In local elections in 2015, one woman had won an open seat.

National Report:
Para 32) Recent amendments to the Marriage Act 1963 and Matrimonial Causes Act 1963 addresses gaps in existing laws on discrimination against women in relation to custody and rights to matrimonial property and other related matters.

Para 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.

Para 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

Para 38) The Government has developed policies, plans and strategies to address and eliminate all forms of discrimination and abuse against women as per Article 2 of CEDAW. All the policies below are comprehensive and address several human rights issues in consistent with the National Constitution of Papua New Guinea. These include:
- Papua New Guinea Vision 2050, which is a long-term national development roadmap;
- Millennium Development Goals (MDG) 2000-2015;
- National Strategy for Responsible Sustainable Development (STARS), which addresses the 2030 Agenda on Sustainable Development Goals (SDGs) 2015-2030;
- Medium Term Development Plan 2 (MTDP) 2016-2017, usually a 5-year development rolling plan;
- National Public Service Gender Equality and Social Inclusion Policy (GESI Policy);
- National Security Strategy 2013;
- Development Strategic Plan (PNGSDP) 2010-2030.

Para 45) The Village Courts Act 2014 (as amended) in Section 3 explicitly stipulates an objective for Village Courts to "improve access for women to Village Courts and to eliminate discrimination against women in Village Court proceedings; provide access to justice for all Papua New Guineans regardless of where they live; and to promote practices and procedures that are consistent with the basic rights guaranteed by Division 111.3 (Basic Rights) of the Constitution".

Para 79) The Government has funded the National Women’s Bank for women in the informal sector to commence income generation and assist in expanding business ventures. Such initiative has given women income earning opportunities and also access to banking services.
Women and Gender Equity Policy (2011-2015)

Para 122) The Incorporated Land Group (Amendment) Act 2009 provides for the inclusion of women in decision-making on customary landownership and the management of the land.

Para 124) The Informal Sector Development and Control Act 2004 and the National Informal Economy Policy (2011–2015) provides for the framework to support the informal economic activity which makes up about 85% of the PNG rural workforce, the majority of whom are women.

Para 126) The Government has taken steps to review laws to protect women against discrimination and gender-based violence and to promote gender equality in the country. The Government is in the process of completing a Report with recommendations to harmonise CEDAW with domestic legislations.

Para 136) The Government also enacted the National Council of Women Act 2013 which provides for equal participation in political and public affairs. The Constitution also provides for the principle of equality between men and women in all areas."

National Report:
Para 21) The adoption of a law prohibiting all forms of discrimination is a pending challenge, but by constitutional mandate (art. 46), action is being taken to remove obstacles and to address the causes of discrimination – discrimination against members of the lesbian, gay, transgender, bisexual and intersex community population is an issue being discussed by both politicians and members of the public at large.
Para 24) Progress was made in the protection of the rights of members of the lesbian, gay, bisexual, transgender, and intersex community in specific areas. Decision No. 695/16 makes it possible for transgender persons to use, in health-care matters, the names by which they wish to be known. Under decision No. 744/15, the Ministry of Justice adopted the protocol for the care of transgender persons deprived of their liberty and will set up a prison wing for such persons alone. The Public Defence Service approved a protocol, for use at all its offices, on assistance to members of the lesbian, gay, bisexual, transgender and intersex community.
Para 25) As a source of data for public policies against discrimination, the variable “lesbian, gay, bisexual, transgender and intersex” was included in complaints recorded in the police information system known as Marandú. An update to the Brasilia Regulations Regarding Access to Justice for Vulnerable People, currently being considered by the Supreme Court, considers sexual orientation and gender identity grounds for vulnerability. The Court, in accordance with article 25 of the Constitution, on the free expression of a person’s identity and image, recently authorized the transgender lawyer Kimberly Ayala to take the lawyer’s oath as she currently appears.
Para 26) To encourage public policies for the promotion and protection of the rights of members of the lesbian, gay, bisexual, transgender and intersex community, Paraguay participates in meetings of the Permanent Lesbian, Gay, Bisexual, Transgender and Intersex Commission of the Meeting of High-level Authorities on Human Rights of the Southern Common Market.

UN Compilation:
Para 12) Three Committees, the Special Rapporteur on disability and the United Nations country team were concerned about the lack of a comprehensive anti-discrimination legal framework and the persistent discrimination suffered by … lesbian, gay, bisexual, transgender and intersex persons, …
Para 14) The United Nations country team noted that, in a historic 2019 judgment, a person had been convicted of femicide in the death of a trans woman. However, discrimination on grounds of sexual orientation and gender identity or expression remained pervasive in the practice of public institutions.
Para 20) … [HR Committee] was also concerned about the reportedly high number of deaths among persons deprived of their liberty and about the vulnerable situation of women and lesbian, gay, bisexual, transgender and intersex persons, and especially transgender persons, who were deprived of their liberty.

Stakeholder Summary:
Para 12) JS9 noted that there was structural discrimination against … lesbian, gay, bisexual, transgender and intersex persons.
Para 13) JS9 stated that discrimination and violence against lesbian, bisexual, transgender and transvestite persons had increased during the coronavirus disease (COVID-19) pandemic, that no measures had been taken to eradicate discrimination based on sexual orientation, gender identity and gender expression and that many complaints had yet to be investigated.
Para 14) Several submissions noted that various municipalities and both chambers of the Congress had declared themselves “pro-life/pro-family” in 2018 and 2019. 30 Several submissions reported that in 2019, there had been attacks on lesbian, gay, bisexual, transgender and intersex activists after the municipal government of Hernandarias had issued two decisions describing a march led by such activists as contrary to “public morals”.
Para 38) Several submissions were concerned about growing hostility, stigmatisation and criminalisation against journalists and human rights defenders (HRD). … Several submissions expressed concern about … LGBTQI+ … human rights defenders.
Para 68) … JS7 noted that education of LGTBIQ population was conditioned to the denial of their identity.
Para 70) … JS9 added that church representatives provided faith-based sex education in public schools and incited discrimination on the basis of sexual orientation and gender identity.
Para 74) Two submissions reported that Act No. 5777/16 on the Comprehensive Protection of Women from All Forms of Violence established femicide as a criminal offence; however, the fact that the Act contained no reference to gender was detrimental to transgender and lesbian women and could lead to it being applied in a discriminatory way.

National Report:
Para 21) The adoption of a law prohibiting all forms of discrimination is a pending challenge, but by constitutional mandate (art. 46), action is being taken to remove obstacles and to address the causes of discrimination – discrimination against members of the lesbian, gay, transgender, bisexual and intersex community population is an issue being discussed by both politicians and members of the public at large.
Para 24) Progress was made in the protection of the rights of members of the lesbian, gay, bisexual, transgender, and intersex community in specific areas. Decision No. 695/16 makes it possible for transgender persons to use, in health-care matters, the names by which they wish to be known. Under decision No. 744/15, the Ministry of Justice adopted the protocol for the care of transgender persons deprived of their liberty and will set up a prison wing for such persons alone. The Public Defence Service approved a protocol, for use at all its offices, on assistance to members of the lesbian, gay, bisexual, transgender and intersex community.
Para 25) As a source of data for public policies against discrimination, the variable “lesbian, gay, bisexual, transgender and intersex” was included in complaints recorded in the police information system known as Marandú. An update to the Brasilia Regulations Regarding Access to Justice for Vulnerable People, currently being considered by the Supreme Court, considers sexual orientation and gender identity grounds for vulnerability. The Court, in accordance with article 25 of the Constitution, on the free expression of a person’s identity and image, recently authorized the transgender lawyer Kimberly Ayala to take the lawyer’s oath as she currently appears.
Para 26) To encourage public policies for the promotion and protection of the rights of members of the lesbian, gay, bisexual, transgender and intersex community, Paraguay participates in meetings of the Permanent Lesbian, Gay, Bisexual, Transgender and Intersex Commission of the Meeting of High-level Authorities on Human Rights of the Southern Common Market.

UN Compilation:
Para 12) Three Committees, the Special Rapporteur on disability and the United Nations country team were concerned about the lack of a comprehensive anti-discrimination legal framework and the persistent discrimination suffered by … lesbian, gay, bisexual, transgender and intersex persons, …
Para 14) The United Nations country team noted that, in a historic 2019 judgment, a person had been convicted of femicide in the death of a trans woman. However, discrimination on grounds of sexual orientation and gender identity or expression remained pervasive in the practice of public institutions.
Para 20) … [HR Committee] was also concerned about the reportedly high number of deaths among persons deprived of their liberty and about the vulnerable situation of women and lesbian, gay, bisexual, transgender and intersex persons, and especially transgender persons, who were deprived of their liberty.

Stakeholder Summary:
Para 12) JS9 noted that there was structural discrimination against … lesbian, gay, bisexual, transgender and intersex persons.
Para 13) JS9 stated that discrimination and violence against lesbian, bisexual, transgender and transvestite persons had increased during the coronavirus disease (COVID-19) pandemic, that no measures had been taken to eradicate discrimination based on sexual orientation, gender identity and gender expression and that many complaints had yet to be investigated.
Para 14) Several submissions noted that various municipalities and both chambers of the Congress had declared themselves “pro-life/pro-family” in 2018 and 2019. 30 Several submissions reported that in 2019, there had been attacks on lesbian, gay, bisexual, transgender and intersex activists after the municipal government of Hernandarias had issued two decisions describing a march led by such activists as contrary to “public morals”.
Para 38) Several submissions were concerned about growing hostility, stigmatisation and criminalisation against journalists and human rights defenders (HRD). … Several submissions expressed concern about … LGBTQI+ … human rights defenders.
Para 68) … JS7 noted that education of LGTBIQ population was conditioned to the denial of their identity.
Para 70) … JS9 added that church representatives provided faith-based sex education in public schools and incited discrimination on the basis of sexual orientation and gender identity.
Para 74) Two submissions reported that Act No. 5777/16 on the Comprehensive Protection of Women from All Forms of Violence established femicide as a criminal offence; however, the fact that the Act contained no reference to gender was detrimental to transgender and lesbian women and could lead to it being applied in a discriminatory way.

National Report:
Para 167) Act No. 5777/16 on the Comprehensive Protection of Women from All Forms of Violence was adopted. The Act provides for prevention, care, protection, punishment and comprehensive reparation in the public and private spheres, covers various forms of violence – sexual, physical, psychological, remote, economic, political and workplace violence – and establishes penalties of 10 to 30 years’ imprisonment for femicide. The regulations implementing the Act were adopted under Decree No. 6973/2017.
Para 181) The Ministry for Women and the Judicial Secretariat for Gender Issues are working on a draft bill that would create courts and tribunals specializing in violence against women.