UPR Sexual Rights Database

National Report:
Para 44) The Village Courts and Land Mediation Secretariat, has incorporated human rights issues into its training manual and programs for village court officials and land mediators. Through this program village court officials and land mediators are trained in cross cutting issues such as ... HIV and AIDS.

Para 92) The Government has made significant progress towards combating HIV/AIDS in the country. The Government has scaled up efforts in almost all parts of the country to address one of the leading causes of morbidity and mortality. The Government has joined efforts with the donors and civil society organizations to reduce the HIV prevalence rate to 0.65percent. Provision of Antiretroviral (ARV) commenced in 2004 and has expanded to 90 facilities around the country, 29 of which offer paediatric ARV treatment. These achievements are made due to the intense HIV/AIDS testing and counselling (HTC) run by church health services. Significant advances have been made in increasing HTC sites from four in 2004 to 356 in 2012. In the last ten years there has been widespread mobilisation of services and improved service delivery to contain the rapid spread of HIV/AIDS.

Para 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.

UN Compilation:
Para 22) According to country team, in response to recommendations received during its first universal periodic review, Papua New Guinea launched its Gender Equity and Social Inclusion Policy, which established a framework for promotion of gender equity and social inclusion practices across the national public service. The policy also addressed areas including HIV/AIDS ...

Para 52) The country team indicated that the National HIV and AIDS Strategy (2011-2015) had been extended to 2017. From data from 2013, it was estimated that antiretroviral medicines to treat HIV had been delivered to 80 per cent of those in need and to 55.26 per cent of pregnant women in need of antiretroviral drugs. However, the quality, reliability and extent of strategic information on the epidemic was poor and had resulted in a national response based on incorrect assumptions. Although the country fully funded treatment domestically and had approved the new treatment guidelines of the World Health Organization, many locations lacked treatment facilities.

"Para 36) A further amendment to the Criminal Code (Amendment) Act 2014 criminalised sorcery-related violence and killings and provides protection for women who have been accused of sorcery-related activities.

Para 132) Following a nationwide consultation on the issue of sorcery, the Sorcery Act 1971which provided for sorcery allegations as an offence, was repealed in 2012. Given the nature of serious crimes being perpetrated against alleged sorcerers, a new offence of wilful murder has been inserted into the Papua New Guinea Criminal Code on account of accusation of sorcery and carries the maximum penalty.

Para 133) In 2015, the Government endorsed the National Action Plan Against Sorcery and Witchcraft-related Violence (SNAP) as a practicable mechanism through which sorcery and witchcraft-related violence can be addressed. The vision of the SNAP is for Papua New Guinea to be free from sorcery-related violence through strengthened partnerships with relevant stakeholders.

Para 134) The Government also endorsed the establishment of national and provincial committees to oversee the implementation of the SNAP in the country. The national committee and provincial committees include relevant stakeholders both from the government and civil society.

UN Compilation:
Para 7) The Special Rapporteur on summary executions and the country team noted as positive step that, in 2013, Parliament had repealed the Sorcery Act (1971)

Para 31) The Special Rapporteur on summary executions noted that the country had taken steps to address sorcery-related violence. However, he was concerned at reports that violence related to accusations of sorcery and witchcraft was a widespread problem. In some instances, when a person died, someone was accused of having caused the death by witchcraft and attacked by community members as ""payback"". The police had been reportedly reluctant to intervene as they might face retributive attacks or were afraid of the alleged sorcery.

Para 32) The country team stated that, in 2015, the Sorcery National Action Plan had been endorsed by the National Executive Council. The Plan proposed a multisectoral approach to combating violence related to allegations of sorcery.

Stakeholder Summary:
Para 5) PI, HRW and CS welcomed the fact that, in May 2103, Parliament repealed the Sorcery Act.

Para 22) HRW and JS3 recalled that, during its 1st UPR, PNG accepted several recommendations related to sorcery related crimes. JS3, however, noted that, despite the repeal of the Sorcery Act, people, particularly women, continue to be accused of sorcery, and many are subjected to violence including torture and killing. The real extent of sorcery-related violence was difficult to estimate because many cases go unreported.

Para 25) JS3 indicated that the Sorcery National Action Plan (SNAP) had been approved by the National Executive Council. However, the SNAP is not already implemented. JS3 recommended that PNG actively support the SNAP and make every possible means available for its implementation including adequate financial support."

"""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 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.

GESI Policy (2013–2015)
Para 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.

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

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 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”.

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.

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.

Para 129) The Gender Parity Ratio for elementary and primary education increased from 85 percent and 79 percent respectively in 2002, to 90percent and 80 percent in 2014, while for elementary education, gender parity is quite high and has improved over the last ten years. However, enrolment rates for males continue to be higher than females, particularly in secondary education.

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 21) In 2013, the Special Rapporteur on violence against women noted that the country had undertaken legal and institutional initiatives to address the situation of women and girls in the country. However, those had not been translated into concrete improvements in the lives of the majority of women, who remain marginalized, discriminated against and at high risk of being subjected to violence.

Para 22) According to country team, in response to recommendations received during its first universal periodic review, Papua New Guinea launched its Gender Equity and Social Inclusion Policy, which established a framework for promotion of gender equity and social inclusion practices across the national public service.

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 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.

National Report:
Para 157) There is reasonable level of ongoing cooperation between Papua New Guinea and the United Nations treaty bodies with regards to human rights protection and advancement. Papua New Guinea has ratified a number of human rights treaties however due to resource limitation the Government is not able to implement and report on all these treaties. The Government remains committed to report on the ICCPR, ICESCR, ICERD, CEDAW and CRC. This can be further strengthened by focused capacity building support in this area from development partners, including the UN system as well as simplified reporting templates which at present are burdensome.