WUNRN
UN SPECIAL RAPPORTEUR ON VIOLENCE
AGAINST WOMEN FINALIZES COUNTRY MISSION TO PAPUA NEW GUINEA
PORT MORESBY (26 March 2012) – At the end of her official country mission to Papua New Guinea, the UN Special Rapporteur on violence against women, its causes and consequences, Ms. Rashida Manjoo, delivered the following statement:
“I would
like to begin by expressing my appreciation to the Government of Papua New
Guinea for extending the invitation to conduct an official country mission. I
am grateful to all my interlocutors, including National and Provincial
authorities, the Autonomous Bougainville Government, representatives of civil
society organisations, as well as representatives of the United Nations
agencies and the donor community. Most importantly, I want to thank the
individual women who courageously shared their personal experiences of violence
and survival with me.
The
recognition by the Government of the need to uphold its international human
rights obligations is reflected in its positive participation in the UPR
process, it’s reporting to the Committee on the Elimination of Discrimination
against Women, including by the establishment of a CEDAW implementation
strategy, and the efforts to establish a National Human Rights Commission. I am
also encouraged by the development of a human rights track in the National
Court which allows for specialization in human rights cases, as well as the
establishment of a multi-sectoral Human Rights Forum.
Efforts to
improve the status and conditions of women are also reflected in initiatives to
strengthen the country’s gender machinery, including the development of the
2011-2015 National Policy for Women and Gender Equality and the Integrated
Community Development Strategy. As regards the political participation of
women, I welcome the constitutional amendment which allows for the creation of
22 seats in Parliament for women. It is my hope that any ambiguity between the
constitutional amendment and its enabling organic law is resolved before the
2012 elections. Furthermore, it is crucial that relevant legislative measures
such as the enactment of the Law on Family Violence and the repeal of the
Sorcery Act are speedily undertaken.
Papua New
Guinea is a culturally rich and diverse country, in which the respect for
tradition plays an important role in the daily lives of its population.
However, some of the traditional practices that are currently followed are
harmful to women, and in fact exacerbate deep-rooted patriarchal attitudes and
stereotypes with regard to women’s status and their roles and responsibilities
in the public and private spheres.
Violence
against women is a pervasive phenomenon in Papua New Guinea, with a wide range
of manifestations occurring in the home, in the community and in institutional
settings. There is currently no official data which captures the different
manifestations or prevalence rates of violence against women in the country.
However my interactions with interviewees, both at the governmental and
non-governmental sector, as well as the information received directly from
survivors; indicate extremely high levels of violence against women throughout
the country, with some regional variations in manifestations and prevalence.
Violence
against women in Papua New Guinea begins in the home, with women and girl
children being subjected to physical and sexual violence, mostly by male family
members. With regard to intimate partner violence, according to a 1992 report
produced by the Constitutional Law Reform Commission (CLRC), “two thirds of
married women in PNG had been hit by their husbands”. An academic study
conducted in 2009 shared similar findings, noting that 65.3% of the interviewed
women were survivors of domestic violence.
According to
most interviewees, domestic violence is socially perceived as a normal aspect
of a woman’s life and a family matter that should not be discussed publicly.
Therefore, the first obstacle faced by women victims is the inability, and
consequently the reticence, to disclose or report the suffering they are
encountering at home. This reluctance is exacerbated by a general lack of
support from the family and the community. The practice of bride-price was
identified by many stakeholders as an important trigger of domestic violence,
as men commonly feel entitled to control and even abuse their wives as a result
of having paid the bride price, thus regarding women as their property.
Likewise, families who received such payment are reluctant to provide support
or receive abused women back in the family home, as this will entail paying
compensation or returning the bride-price received for the marriage.
Polygamy was
also identified as a common cause of violence in the family. Many interviewed
victims explained how husbands had become abusive or had increased their
abusive behaviour after deciding to start a relationship with another woman.
The abuse usually starts with neglect and lack of resource provision for the
first wife and her children, but can escalate to physical and sexual violence,
and in some cases murder. The practice of polygamy also creates tension between
women within the same family and has led to cases of violence, sometimes
resulting in murder of the husband or the additional wife/girlfriend. In fact,
a large number of the women I interviewed in the Bomana prison were serving
lengthy sentences after being convicted for the murder of their husband or the
additional wife/girlfriend.
With regard
to sexual violence within the family, service providers confirmed that the
number of cases of incest and teenage pregnancies is on the rise. Young girls,
particularly those living with relatives or step-parents, are reportedly at
high risk of sexual violence, which is perpetrated by male relatives such as
uncles, cousins, brothers or male family friends. Although marital rape is
penalized by the Criminal Code, only two cases have been prosecuted since the relevant
legislation was enacted in 2003.
As regards
violence against women in the community, I received alarming reports of
violence perpetrated against persons accused of sorcery/witchcraft, with women
being affected disproportionally, particularly widows or other women with no
family to protect them.
During my
visit to the Highlands region, I was shocked to witness the brutality of the
assaults perpetrated against suspected sorcerers, which in many cases include
torture, rape, mutilations and murder. According to many interviewees, sorcery
accusations are commonly used to deprive women of their land and/or their
property. Also any misfortune or death within the community can be used as an
excuse to accuse such person of being a sorcerer. I was informed that sorcery
related violence is commonly perpetrated by young men or boys who act under the
orders of other members of the community, and they commonly do so under the
influence of drugs or alcohol, which is provided by such persons. Factors at
the community level which allow for impunity for perpetrators include: the
unwillingness to intervene prior to, or during, such attacks; fear of reporting
and/or providing information to the police; and the use of the one-talk
(wantok) solidarity tradition.
The abuse of
alcohol and other substances is also present in many of the reported cases of
sexual violence in the community. Women interviewed in Port Moresby shared
their fears of gang rape and other forms of violent crime in the streets, which
has limited their ability to move freely and safely without a companion. The
risk of sexual assault and rape was also a particular source of concern among
interviewed women who are living in regions facing tribal conflicts.
The
prevalence of sexual violence is particularly worrying given that Papua New
Guinea is currently facing high rates of HIV-Aids, with 1.5 per cent of its 6.5
million people being infected and women and girls being disproportionately
affected, accounting for 60 per cent of the people living with HIV in the
country.
During my
mission I also examined the situation of women in detention, both remand and
convicted prisoners. I was informed that 90% of women in prisons in the country
are serving time for murder. In the Bomana prison, I interviewed women charged
with murder and other crimes. From the information received, all the women
convicted for murder were victims of family violence, including being subjected
to polygamy and neglect, and, many of them had acted in self-defence. In most
cases, women had endured years of physical and sexual abuse from their husbands
and had received no support when reaching out to the community or the police.
Most incarcerated women did not have adequate legal representation and they
accepted the option of a plea for a lesser charge rather than go to trial.
Nevertheless, all the women had ended up receiving lengthy sentences, despite
their expectation that a plea to a lesser charge would result in a lower
sentence. Many of the interviewed women were of the view that judges were
unresponsive to evidence that reflected acts committed in self-defence, history
of abuse and acts committed in a rage when catching their husbands being
unfaithful to them. This was reflected in comments by some judges who stated
that they had taken a life and they needed to pay the price.
As regards the conditions in prisons, women do not receive adequate and
suitable food; they do not have regular access to health services, and, need to
wait long periods to see a medical professional; they are reliant on family and
friends for appropriate medication; and they are forced to work without
receiving any remuneration for their products or their labour. For women in
prison who have their children living with them, there is only a one-bed cell
which sometimes has to cater for 7 women and 9 children. Furthermore, the
prison does not provide food or other necessities for babies and children, and
this remains the responsibility of the mother.
Reports of
police brutality and misconduct were widely reported in all parts of the
country. Complaints of violence and sexual abuse of women while in police
detention and outside was a systemic issue, including against sex workers. In a
provincial police station, I witnessed the incarceration of minor and adult
women together and found women and girls who had been kept in custody for up to
three months in extremely inadequate conditions, while awaiting trial. Some of
them had not had access to a lawyer.
Regardless
of the specific manifestations of violence suffered, most interviewed victims
felt that the policing sector had not provided them with an adequate response
to their cases. I heard numerous accounts of police officers ignoring
complaints, dismissing women from the police stations, encouraging women to
drop charges, not enforcing Interim Protection Orders, or receiving bribes from
perpetrators to ignore a case. In some instances, it was the lack of resources,
including a vehicle or enough fuel; but more often a lack of commitment that
affected police officers ability to investigate cases of violence against
women. Even when willing to investigate, the lack of specialization in
investigative and forensic skills increases the dependence of police officers
on witness testimonies to identify perpetrators and consequently to initiate
proceedings, which has its own challenges as there is no victim and witness
protection scheme.
Although
Royal Papua New Guinea Constabulary (RPNGC) Family and Sexual Violence Units
have been set up in six police stations in the country, these are yet to be
formalized and permanently integrated into the structure and budget of the
police, including with adequate human and financial resources. Currently these
units have very little resources and, as awareness and usage of these
specialized units’ increases, there is a growing need for additional staff and
resources to be allocated to them. In some provinces, Women and Children’s
desks have been set up through the Community Policing Division under the
Department of Policing. However, their operation is reportedly also limited by
resource constraints, the lack of institutional support, and the lack of
specialised skills. It is unclear what the relationship is between such units
and the RPNGC Family and Sexual Violence Units. Several stakeholders reported
that most of the policing resources are currently being diverted to the regions
hosting Liquefied Natural Gas (LNG) projects as well as the mining areas, to
the detriment of safety and security needs of PNG citizens.
As regards successful prosecutions of cases of violence against women, the
Office of the Public Prosecutor also faces staffing and resource constraints,
including a lack of offices and adequate staffing in the provinces. I was
encouraged to hear that earlier this year the OPP has established a Family and
Sexual Offence Unit in Port Moresby, and has appointed a Victim Liaison Officer
responsible for assisting women victims of violence who use the criminal
justice system.
The health
department has established Family Support Centres in some hospitals which
provide both counselling and short-term shelter services. Such centres face the
same challenges as do other specialized services, as regards resources and
capacity. Despite an executive order relating to the charging of “fighting
fees”, the practice of charging a fee continues, and is especially onerous for
women victims of violence. In addition, the charging of a fee for a medical
certificate is a further barrier to reporting violence, as a case cannot be
opened at the police station without such a certificate.
The lack of
access to justice for women and girls is reflected in the lack of substantive
and consistent service by all components of the criminal justice system.
Unfortunately, despite the abovementioned efforts at specialization, which
exist mainly in the capital city, cases of violence against women are rarely
reaching the District and National Courts. Such cases are mainly being resolved
through mediation processes and compensation payments at the Village Court
level. This is the also the case for offences such as grievous bodily harm,
rape, or incest, crimes which are not within the jurisdiction of the Village
Court.
During my
mission, it was clear to me that the support and other relevant services that
do exist for victims of all forms of violence, are being provided largely by
the civil society sector, with the assistance of development partners. This
assistance includes both financial and capacity building initiatives. As
regards the provision of free legal services, the availability and quality of
services received from the Public Solicitors Office was criticised by numerous
interlocutors.
The
responsibility to prevent violence, protect against violence, provide remedies
for victims, and to punish perpetrators for all acts of violence against women,
is primarily an obligation of the State. I would like to emphasize the need for
holistic solutions which address both the individual needs of women, and also
the social, economic and cultural barriers that are a reality in the lives of
women. The empowerment of women must be coupled with social transformation, to
fully address the systemic and structural causes of inequality and
discrimination, which most often lead to violence against women.
In
conclusion, it is my hope that relevant and much needed laws are passed soon,
existing laws are adequately enforced ; that existing specialized units are
strengthened and replicated at the provincial and district levels; that women
are encouraged and supported by the state sector in bringing their cases to the
District and National Courts; and that accountability, rather than impunity,
becomes the norm for all acts of violence against women.
My findings
will be discussed in a comprehensive way in the report I will present to the
United Nations Human Rights Council in June 2013.”
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Ms. Rashida
Manjoo (South Africa) was appointed Special Rapporteur on Violence against
women, its causes and consequences in June 2009 by the UN Human Rights Council,
for an initial period of three year. As Special Rapporteur, she is independent
from any government or organization and serves in her individual capacity. Ms.
Manjoo is also a Professor in the Department of Public Law at the University of
Cape Town.
For
additional information on the mandate of the Special Rapporteur, please visit: http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/SRWomenIndex.aspx