Archeological
evidence indicates that humans arrived on New Guinea at least 60,000 years ago,
probably by sea from Southeast Asia during an Ice Age period when the sea was
lower and distances between islands shorter. Although the first arrivals were
hunters and gatherers, early evidence shows that people managed the forest
environment to provide food. There also are indications of gardening having
been practiced at the same time that agriculture was developing in Mesopotamia
and Egypt. Early garden crops--many of which are indigenous--included
sugarcane, Pacific bananas, yams, and taros, while sago and pandanus
were two commonly exploited native forest crops. Today's staples--sweet
potatoes and pigs--were later arrivals, but shellfish and fish have long been
mainstays of coastal dwellers' diets.
When
Europeans first arrived, inhabitants of New Guinea and nearby islands--while
still relying on bone, wood, and stone tools--had a productive agricultural
system. They traded along the coast, where products mainly were pottery, shell
ornaments, and foodstuffs, and in the interior, where forest products were
exchanged for shells and other sea products.
The first
Europeans to sight New Guinea were probably the Portuguese and Spanish
navigators sailing in the South Pacific in the early part of the 16th century.
In 1526-27, Don Jorge de Meneses accidentally came
upon the principal island and is credited with naming it "Papua," a
Malay word for the frizzled quality of Melanesian hair. The term "New
Guinea" was applied to the island in 1545 by a Spaniard, Íńigo Ortiz de Retes, because of
a fancied resemblance between the islands' inhabitants and those found on the
African Guinea coast. Although European navigators visited the islands and
explored their coastlines for the next 170 years, little was known of the
inhabitants until the late 19th century.
With Europe's growing need for coconut oil, Godeffroy's of Hamburg, the largest trading firm in the Pacific, began trading for copra in the New Guinea Islands. In 1884, Germany formally took possession of the northeast quarter of the island and put its administration in the hands of a chartered company. In 1899, the German imperial government assumed direct control of the territory, thereafter known as German New Guinea. In 1914, Australian troops occupied German New Guinea, and it remained under Australian military control until 1921. The British Government, on behalf of the Commonwealth of Australia, assumed a mandate from the League of Nations for governing the Territory of New Guinea in 1920. That mandate was administered by the Australian Government until the Japanese invasion in December 1941 brought about its suspension. Following the surrender of the Japanese in 1945, civil administration of Papua as well as New Guinea was restored, and under the Papua New Guinea Provisional Administration Act, 1945-46, Papua and New Guinea were combined in an administrative union.
On November 6, 1884, a British protectorate was proclaimed over the southern coast of New Guinea (the area called Papua) and its adjacent islands. The protectorate, called British New Guinea, was annexed outright on September 4, 1888. The possession was placed under the authority of the Commonwealth of Australia in 1902. Following the passage of the Papua Act of 1905, British New Guinea became the Territory of Papua, and formal Australian administration began in 1906. Papua was administered under the Papua Act until the Japanese invaded the northern parts of the islands in 1941 and began to advance on Port Moresby and civil administration was suspended. During the war, Papua was governed by a military administration from Port Moresby, where Gen. Douglas MacArthur occasionally made his headquarters. As noted, it was later joined in an administrative union with New Guinea during 1945-46 following the surrender of Japan.
Postwar Developments
The Papua and New Guinea Act of 1949 formally approved the placing of New Guinea under the international trusteeship system and confirmed the administrative union of New Guinea and Papua under the title of "The Territory of Papua and New Guinea." The act provided for a Legislative Council (established in 1951), a judicial organization, a public service, and a system of local government. A House of Assembly replaced the Legislative Council in 1963, and the first House of Assembly opened on June 8, 1964. In 1972, the name of the territory was changed to Papua New Guinea.
Elections in 1972 resulted in the formation of a ministry headed by Chief Minister Michael Somare, who pledged to lead the country to self-government and then to independence. Papua New Guinea became self-governing in December 1973 and achieved independence on September 16, 1975. The 1977 national elections confirmed Michael Somare as Prime Minister at the head of a coalition led by the Pangu Party. However, his government lost a vote of confidence in 1980 and was replaced by a new cabinet headed by Sir Julius Chan as Prime Minister. The 1982 elections increased Pangu's plurality, and parliament again chose Somare as Prime Minister. In November 1985, the Somare government lost a vote of no confidence, and the parliamentary majority elected Paias Wingti, at the head of a five-party coalition, as Prime Minister. A coalition, headed by Wingti, was victorious in very close elections in July 1987. In July 1988, a no-confidence vote toppled Wingti and brought to power Rabbie Namaliu, who a few weeks earlier had replaced Somare as leader of the Pangu Party.
Such reversals of fortune and a revolving-door succession of Prime Ministers continue to characterize Papua New Guinea's national politics. A plethora of political parties, coalition governments, shifting party loyalties and motions of no confidence in the leadership all lend an air of instability to political proceedings. For the first 27 years of independence, a "first past the post" electoral system resulted in many parliamentarians elected with less than 15 percent of their constituency. Fractious politics and a 75% loss rate for incumbents precluded the development of strong political parties or a stable national leadership. Many hope that limited preferential voting, introduced in 2003, and an organic law on political parties will stabilize national politics.
The 2002 elections returned Somare as Prime Minister at the head of a coalition including Rabbie Namaliu as his Foreign Minister. The next national elections are scheduled for 2007.
ECONOMY
Papua New Guinea is rich in natural resources, including minerals, timber, and fish, and produces a variety of commercial agricultural products. The economy generally can be separated into subsistence and market sectors, although the distinction is blurred by smallholder cash cropping of coffee, cocoa, and copra. About 75% of the country's population relies primarily on the subsistence economy. The minerals, timber, and fish sectors are dominated by foreign investors. Manufacturing is limited, and the formal labor sector consequently also is limited. High commodity prices in 2004 lifted both sectors after several years of declines.
Papua New Guinea is richly endowed with gold, copper, oil, natural gas, and other minerals. In 2001 mineral production accounted for 25% of GDP. This will inevitably decline as old discoveries are mined out. Years of sluggish exploration due partly to post-independence difficulties over land tenure mean that few new deposits will be open in the coming years. However, recent regulatory and tax reform have led to a resumption of exploration which may boost the sector in the out years. Government revenues and foreign exchange earnings depend heavily on mineral exports. Indigenous landowners in areas affected by minerals projects also receive royalties from those operations. Copper and gold mines are currently in production at Progera, Ok Tedi, Misima, and Lihir. A consortium led by Mobil/Exxon hopes to begin the commercialization of the country's estimated 22.5 trillion cubic feet of natural gas reserves through the construction of a gas pipeline from Papua New Guinea to Queensland, Australia. The project is now ongoing, with preliminary purchase commitments made by Australian industry. Realization of those commitments will be essential to the project’s completion. Interoil, an American firm, opened Papua New Guinea’s first oil refinery in 2004. It produces 30,000 barrels of product a day, covering all of Papua New Guinea’s domestic requirements and leaving 15,000 b/d for export.
Papua New Guinea also produces and exports valuable agricultural, timber, and fish products. Agriculture currently accounts for 30.4% of GDP and supports more than 85% of the population. Cash crops ranked by value are coffee, oil, cocoa, copra, tea, rubber, and sugar. About 40% of the country is covered with exploitable trees, but a domestic woodworking industry has been slow to develop. A number of South East Asian companies are active in the timber industry, but World Bank and other donors have withdrawn support from the sector over concern for unregulated deforestation and environmental damage. Recently enacted forestry legislation has exacerbated those concerns. Although an official moratorium on log exports is currently in place, it is poorly enforced and logging continues at an unsustainable rate. Papua New Guinea has an active tuna industry, but much of the catch is made by boats of other nations fishing in Papua New Guinea waters under license. Locally produced fish exports are confined primarily to shrimp.
In general, the Papua New Guinea economy is highly dependent on imports for manufactured goods. Its industrial sector--exclusive of mining--accounts for only 9% of GDP and contributes little to exports. Small-scale industries produce beer, soap, concrete products, clothing, paper products, matches, ice cream, canned meat, fruit juices, furniture, plywood, and paint. The small domestic market, relatively high wages, and high transport costs are constraints to industrial development.
Australia, Singapore, and Japan are the principal exporters to Papua New Guinea. Petroleum, mining machinery, and aircraft have been the strongest U.S. exports to Papua New Guinea. These have slipped as mineral exploration and new minerals investments have declined.
Australia is Papua New Guinea's most important export market, followed by Japan and the European Union. The U.S. imports modest amounts of gold, copper ore, cocoa, coffee, and other agricultural products from Papua New Guinea. Most of those exports take place through third countries.
With the 2003 withdrawal of Chevron/Texaco, Australian companies are the most active in developing Papua New Guinea's mining and petroleum sectors. Exxon/Mobil retains a major share of natural gas reserves and is currently conducting an engineering study for a proposed pipeline to Queensland, Australia. Interoil, an American firm backed by an Overseas Private Investment Corporation (OPIC) loan, operates a 30,000-barrel a day refinery in Port Moresby.
Papua New Guinea became a participating economy in the Asia-Pacific Economic Cooperation (APEC) Forum in 1993. It joined the World Trade Organization (WTO) in 1996. It is an observer at ASEAN and a member of the ASEAN Regional Forum.
Australia is by far the largest bilateral aid donor to Papua New Guinea, offering about $300 million a year in assistance. Budgetary support, which has been provided in decreasing amounts since independence, was phased out in 2000, with aid concentrated on project development. In 2004, Australia and Papua New Guinea embarked on the Enhanced Cooperation Program (ECP), under which Australia agreed to provide direct assistance, including 210 line police officers, to the Papua New Guinea constabulary. The ECP met with initial success, but was abruptly ended when Papua New Guinea’s Supreme Court stripped Australian police officers of immunity in May 2005. Virtually all ECP personnel left Papua New Guinea following the court’s decision. The governments of Papua New Guinea and Australia are now involved in protracted negotiations on a scaled-down version of the ECP.
Other major sources of aid to Papua New Guinea are Japan, the European Union, the People's Republic of China, the Republic of China, the United Nations, the Asian Development Bank, the International Monetary Fund, and the World Bank. Volunteers from a number of countries and mission church workers also provide education, health, and development assistance throughout the country. (Approaching $75 per capita, foreign assistance to Papua New Guinea is very high compared to other developing nations.) The U.S. funds a small HIV/AIDS project in Papua New Guinea.
After years of decline and government deficit, Papua New Guinea was bolstered in 2003/2004 by a general rise in commodity prices and by government steps toward spending control. The economy grew modestly and the government deficit fell from 8% of GDP to 1.7%. However, the commodity boom will be temporary and the nation continues to have serious problems of corruption, a lack of law and order, land tenure concerns stifling investment, political interference in business, and a lack of political will to adopt needed sweeping reforms. Mining output and oil production have led a general decline in output of the modern economy, though some see long-term hope in a resumption of exploration after recent regulatory reform.
INCIDENCE OF CRIME
Papua New Guinea has a high crime rate. Numerous U.S. citizen residents and visitors have been victims of violent crime in recent years, and they have sometimes suffered severe injuries. Carjackings, armed robberies, and stoning of vehicles are problems in Port Moresby, Lae and Mount Hagen. Pickpockets and bag-snatchers frequent crowded public areas. Hiking in rural areas and visiting isolated public sites such as parks, golf courses, beaches, or cemeteries can be dangerous. Individuals traveling alone are at greater risk for robbery or gang rape than are those who are part of an organized tour or under escort. Visitors to Papua New Guinea should avoid using taxis or buses, known as Public Motor Vehicles (PMV's), and should instead rely on their sponsor or hotel to arrange for taxi service or a rental car.
Road travel outside of major towns can be hazardous because criminals set up roadblocks near bridges, curves in the road or other features that restrict vehicle speed and mobility. Visitors should consult with the U.S. Embassy or with local law enforcement officials concerning security conditions before driving between towns. Travel to isolated places in Papua New Guinea is possible primarily by small passenger aircraft; there are many small airstrips throughout the country. Security measures at these airports are rare. Organized tours booked through travel agencies remain the safest means to visit attractions in Papua New Guinea.
LEGAL
SYSTEM
For the
majority of Papua New Guineans, most of whom continue
to reside in rural villages, the legal system remains culturally, and often
geographically, distant. Allegiance to
the tribe, clan and sub-clan remains stronger in most cases than to the
abstract notions of citizenship, state and nation. Collective responsibility remains a social
fact in most communities and, in practice, some
tension is generated by the principles of individualized criminal
responsibility underlying the modern system.
Customary laws, as adapted to the processes of modernization, continue
to wield extensive influence at the village level.
During the
Period of Independence, there were great expectations about the development of
a legal system in which customary law would play a leading role. However, the reality is that the laws and
legal institutions which were introduced continue to dominate the formal legal
arena. With the notable exception of the
Village Courts, first introduced in 1974, the current machinery and practice of
the national legal system affords few real concessions to customary law and customary
forms of dispute settlement. Many
disputes continue to be settled beyond the formal legal system through informal
community level mechanisms, such as village moots.
Papua New
Guinea's autochthonous Constitution is the supreme law of the country, establishing
the system of government and law. Section 9 of the Constitution identifies
sources of law, which are the Constitution; Organic Laws; Acts of Parliament;
Acts of Provincial Legislatures; Subordinate Legislation; Emergency
Regulations; Laws made under or adopted by the Constitution; and the Underlying
Law. Organic Laws are special
constitutional laws made by Parliamen under specialauthorization of the Constitution (Sect.12). An
Organic Law must not be inconsistent with theConstitution
and has the same authority as the Constitution.
The provisions on Provincial Government were introduced as a result of
an amendment of the Constitution. Section 187C of the Constitution states that an Organic Law shall
provide the legislative powers of Provincial Governments. Currently, the
Organic Law on Provincial Government determines the legislative powers of
Provincial Governments.
The
Underlying Law is the unwritten law to be applied on any matter on which there
is no legislation. Section 20(1) of the
Constitution provides that an Act of Parliament shall declare and provide for
the development of an Underlying Law. No
such act has yet been passed. Section 20(2) and Schedule 2 provide the
temporary rules of Underlying Law. The
purpose of Schedule 2, according to Section 21, is "to assist in the
development of our indigenous jurisprudence, adapted to the changing
circumstances of Papua New Guinea. "Schedule 2.1
provides that "custom is adopted, and shall be applied and enforced, as
part of the underlying law" except for any custom that is inconsistent
with a Constitutional Law or statute or repugnant to the general principles of
humanity. Under Schedule 2.2, the
adopted common law and equity of England, which applied immediately before the
Independence date of September 16, 1975, are also made part of the Underlying
Law unless it is inconsistent with the Constitution or a statute, or
inapplicable and inappropriate to the circumstances of the country from time to
time, or inconsistent with custom as adopted under Schedule 2.1.
Under
Schedule 2.3, where a court is dealing with a matter "where there appears
to be no rule of law that is applicable or appropriate to the circumstances of
the country", then the court, in particular the Supreme Court and the
National Court, is under a duty to formulate an appropriate rule as part of the
Underlying Law having regard to: the National Goals and Directive Principles;
the Basic Rights set out in Division III.3 of the Constitution; analogies from
statutes and custom; legislation and cases of countries with a similar legal
system; relevant Papua New Guinean decisions; and the circumstances of the
country from time to time.
This
elaborate Constitutional scheme envisages a significant and growing role for
customary law in the evolving post-Independence legal system. Many leaders recognized, in accordance with
the nationalist sentiment evident during the immediate Independence period, the
need to develop a legal system that reflected the values and expectations of
Papua New Guinean communities. A Law
Reform Commission was established under the Constitution "to assist in the
development of an indigenous jurisprudence". In one of its early reports it made a series
of detailed recommendations aimed at enhancing the role of custom in the
determination of criminal responsibility and taking greater account of
customary beliefs and practices in sentencing (Law Reform Commission,
1977). However, none of its
recommendations were implemented and, in practice, the Superior courts have
been hesitant in their adoption of customary principles in developing the
underlying law. Judicial conservatism,
in this respect, has been reinforced by the continuing failure of Parliament to
enact the relevant underlying law provisions or to thoroughly review the
colonial legislation adopted at Independence.
Customary perceptions continue to be taken into account by the courts in
the mitigation of sentences, a practice established during the colonial period.
The
adversarial system of criminal procedure, which was retained after
Independence, stands in contrast to traditional processes of dispute resolution
which emphasize mediation, compromise and compensation. In practice, the most significant
institutional concession to customary beliefs and practices in the
post-Independence period has been the establishment of Village Courts. While there have been many problems in the
operation of these courts, they process the greatest number of disputes and
articulate the social organization and values of village life.
POLICE
The Police
Force is established under Section 188 of the Constitution. The functions of the force, as defined in the
Constitution, are: to preserve peace and good order in the country; and to
maintain and, as necessary, enforce the law in an impartial and objective
manner (Constitution, Sect.197).
Control of
the force is vested in the National Executive Council through a Minister of
Police (Constitution, Sect.196). The
Minister has no power of command within the force except to the extent provided
for by a Constitutional Law or Act of Parliament with respect to the laying,
prosecution and withdrawal of criminal charges, the police are not subject to
direction or control by any person outside the force. The Commissioner of Police is responsible for
"the superintendence, efficient organization and control of the Force in
accordance with an Act of Parliament." (Constitution, Sect.198). In practice, the Minister formulates broad
policy, while senior Police management, under the Commissioner, exercise considerable autonomy over operational matters.
The Police are a national force with their
administrative headquarters located in Port Moresby. For operational purposes, the country is
divided up into five Divisional Commands, each with a Divisional
Commander. In addition, each Province
has its own Provincial Police Commander and Provincial Police Headquarters. The force is organized hierarchically with the
Police Commissioner and his senior management team at the apex. Section 199 of
the Constitution states that there shall only be one Police Force in Papua New
Guinea although special statutory provisions can be made for the creation of
reserve or special forces and the conferring of police powers on persons who
are not members of the police force. In
practice, the police have been regularly supplemented by members of the Defence Force, particularly in the course of special
policing operations, national disasters, general elections, and during states
of emergency.
The legal
authority for deploying the Defence Force in a civil
capacity is found in Section 202 of the Constitution. This provision enables the Defence Force to provide assistance to civilian authorities
in a civil disaster, in the restoration of public order and security on being
called out in accordance with Section 204 (call-out in aid to the civil power),
or in accordance with an Act of Parliament during a period of declared national
emergency under Part X (emergency powers).
In addition, certain specialized enforcement powers are vested in the
Bureau of Customs, the Taxation Office and the Migration Division. The Bureau
of Customs and Taxation Office are divisions of the Internal Revenue Commission
and have national responsibilities for enforcing customs and taxation policies,
respectively. While the principal powers
to raise taxes reside at national level, some limited powers exist at
provincial level, such as the sales tax.
These powers may be enforced by provincial authorities. The Migration Division of the Department of
Foreign Affairs is responsible for ensuring compliance with migration laws and
regulations throughout the country.
As of March
31, 1994, there were 4,956 police personnel, of which 4,797 were male and 159
were female. All of the female police
personnel were Papua New Guinean. Of the
male police personnel, 4,781 were Papua New Guinean, 12 were European, 3 were
Asian, and 1 was West African.
A total of
734 vehicles are currently operated by the 4,956 police officers throughout the
nation. The most common vehicles are
four wheel drive types. There are also sedans and motor cycles. The ratio of police officers to vehicles is
6.75:1. There is no computer-aided
dispatch. Computer equipment is
available at 20 major centers within the nation to record and retrieve Offense
Report Information, Information for Charge Sheets etc. Administrative Support Systems are also
available. High Frequency radio
communication is available at major centers for long-distance transmission
throughout the country. UHF and VHF are available for local mobile
communication. Hand-held radios are also
available to assist foot patrols.
The
availability of firearms to police is generally controlled and issued on a
needs basis. Most C.I.D. (criminal
investigation) personnel are armed with a handgun at all times because of the
nature of their duties. The following
weapons are available for general distribution and use when warranted: .39
Smith and Wesson and Colt revolvers, Baikal single shot shotguns, Mossberg pump
action shotguns, Federal gas guns, Gas grenades, Gas rounds, Rubber bullets,
and C.S. Gas Spray Aerosols. The
following equipment is available for use only by specially trained mobile
units: AR 15 Semi Automatic Rifles, Bullet Proof Vests, Shields, and Ballistic
Helmets.
Initial
recruit training consists of a 6-month training program at the Bomana Police College. The program has theoretical and
practical components with physical education, firearms training and drill. Training for both the recruits and officer
cadets is conducted by police and civilian lecturers employed by the police. After completing 3 years service, before
confirmation, probationers are required to complete 36 educational units.
Appointment as a new recruit requires at least a Grade 10 standard of education
and the meeting of appropriate medical and character standards.
Provisions of
the Constitution and Arrest Act make it clear that police cannot detain an
arrested person without granting bail or taking the person before a court. However, very few suspects in Papua New
Guinea are aware of their rights or how to enforce them. In addition, it should be noted that the
recently enacted Internal Security Act (1993) provides authorities with wide
powers to examine, search, arrest and detain persons who have been in, are in,
or are about to visit officially designated prohibited or restricted areas. The police may arrest a suspect with or
without a warrant. Most police arrests
occur without a warrant. Section 3 of
the Arrest Act gives police considerable discretion to arrest. Under this section, no warrant is required
where a police officer believes on reasonable grounds that a person is about to
commit, is committing or has committed, an offense. Alternatively, a magistrate may issue a
warrant to the police for a suspect's arrest if there is any likelihood that
the suspect will not obey a summons to attend court. When a police officer makes an arrest, with or
without a warrant, and the person does not resist the arrest, the officer is
required to inform the person that he or she is under arrest, relate the reason
for the arrest, and ask the person to go the police station. However, under
Section 14 of the Arrest Act, the police may use all reasonable means to make
the arrest when the person is resisting.(Arrest Act,
Sect.14). After the arrest, with or
without warrant, the police officer must take the arrested person without delay
to the police station. (Arrest Act,Sect.17).
The police
have no general power to enter premises to search for people or property. This
is recognized by the Constitution in the right to privacy (Sect.49) and the
right to freedom from arbitrary search and entry (Sect.44). The Search Act allows a police officer to
search a person where there are reasonable grounds for believing the person is
in possession of goods that have been stolen or otherwise unlawfully obtained,
or intended for the commission of an indictable offense. (Search Act, Sect.3(1)). The
police may also search persons, and any property under their immediate control,
when they are arrested or in lawful custody.
The search must be conducted with decency and reasonable force. The determination of what constitutes
reasonable grounds, decency, and reasonable force in such cases is a matter for
the court to decide and is only determined in the event of a subsequent legal
challenge. (Search Act, Sect.3 (2)(3)(4)).
Generally, all
searches must be conducted with a warrant issued by a court, other than the LocalCourt. The
court must be satisfied that there are reasonable grounds for believing that
any building, craft, vehicle or place is involved in an offense that is
committed or is about to be committed.
If anything is found pursuant to the search warrant and is seized by the
police, a record must be kept. A breach
of search procedures under the Act may lead to a compensation action under
Sections 57 and 58 of the Constitution, or a civil action under Section 17 of
the Search Act. (Constitution, Sect.44
(a)(i)(ii); Search Act,
Sect.6, 12)
The police
may also question a suspect who has willingly agreed to accompany an officer to
the police station. Such an interview
will be recorded in notes. A suspect or
arrested person has no obligation to answer police questions. Before questioning commences, the police
interviewer should caution the suspect.
In practice, police rely heavily on the confessional evidence contained
in the record of interview. Statements
or confessions are required to be voluntary. Police must not use improper
methods of force, threats or inducements to extract statements or
confessions. A confession is
inadmissible as evidence if induced by a threat or promise by a person in
authority. (Evidence Act, Sect.28).
Complaints
against the police are handled by the police themselves. This involves the Public Complaints Section
of the Internal Affairs Division of the force. The primary role of this Section
is to receive, register and investigate all public complaints against the
police and determine the appropriate action to be taken. An officer found guilty of a disciplinary
offense may be subject to a penalty ranging from a caution, fine, demotion in
rank, to dismissal from the force. In
addition, the officer may be subject to criminal proceedings. Such proceedings are covered by the normal
principles of natural justice and may be subsequently reviewed in a court of
law. Criticism has been made about the
existing complaints system in a number of recent reports. A recurring concern is the extremely slow
pace of the complaints process. In 1990, the police force's
own figures indicate that only 13% of the total complaints made were resolved.
(U.N.D.P./I.L.O., 1993; R.P.N.G.C., 1990: 41).
In addition,
police behavior might be investigated by the Ombudsman Commission. Section 219 of the Constitution and the
Organic Law on the Ombudsman empower the Commission to investigate, on its own
initiative or on complaint by a person affected, any conduct on the part of any
state service or member of such service. The Commission has the power to
require documentation and require members of the police to answer
questions. Disclosure of serious
wrongdoing might lead to subsequent criminal proceedings
COURTS
The Supreme
Court is at the top of the court hierarchy, and has original jurisdiction in
constitutional matters and appellate jurisdiction, hearing appeals brought from
the National Court. The National Court
has original unlimited jurisdiction in civil cases and indictable
offenses. It also has appellate
jurisdiction over appeals brought from District and Local Courts. District Courts have jurisdiction in civil
cases involving up to K10,000, depending on the grade
of the magistrate. It also has
jurisdiction in criminal cases over summary offenses, committal proceedings,
and certain indictable offenses before a grade V magistrate. Local courts have jurisdiction in civil cases
up to K1000 and in criminal cases over summary offenses. Village Courts have the jurisdiction to award
K1000 compensation (except in cases of bride-price or death), a fine up to
K200, or a work order for a maximum of 6 months. These courts have no power to imprison except
by a Local Magistrate's approval. They are subject to supervision by the
District Supervising Magistrate or appeal or review by a Local or District
Court Magistrate.
The current
powers of the Village Courts are provided by the Village Courts Act of 1989. They are presided over by Village Court
Magistrates who are villagers appointed after consultation with the
people. A Village Court area may consist
of between 2,500 to 10,000 people and might cover 5 or 6 villages. In addition to Village Court Magistrates, the
Village Courts Act provides for the appointment of Peace Officers (Sect.26) and
Village Court Clerks (Sect.22). Village Courts are supervised by the District
Supervising Magistrate, who is a District Court Magistrate. Village Courts can hear almost any civil
case. However, they can only make
temporary orders about land rights, since this is typically a matter for the
Land Courts. They can only hear criminal
offenses which are listed in the Village Courts Regulations (Sect.41). Such offenses include: injury to person,
damage to property, stealing, disturbance of the peace, slander and bad
language, breaking of a customary rule, hygiene and cleanliness, sorcery,
carrying of an offensive weapon, and breaking of a council rule. A Village Court can give civil compensation
up to K1000 (s.45) or a work order to be carried out for the victim for up to
twelve weeks (Sect.44). In cases
involving bride-price or compensation for death, the court has no limits on the
amount of compensation it may order (Sect.46). In criminal cases the court can
fine a person up to K200 (Sect.42(1)) or order him/her
to do community work for up to six months (Sect.42(2)). Village courts also have limited powers of
imprisonment (Sect.61, 62, 73, 74). A
person whofails to appear before a court may be
imprisoned for up to six months. A
person who fails to pay a fine or perform community work may be imprisoned for
one week for every K10 of unpaid fine or for every one week's unperformed work. Such imprisonment is only valid if approved
by a Local Court Magistrate. The Court may also issue a Preventative Order
requiring that persons not aggravate an existing order.
Mediation,
compromise and compensation are emphasized.
There is no procedural distinction made between criminal and civil
matters. A single magistrate may settle
disputes if both parties agree. If a dispute is not settled, the case goes
before a full court, consisting of at least three magistrates. This court can resolve the dispute even if
the parties do not agree. It can also
impose criminal penalties. A District
Supervising Magistrate and his or her deputy are supposed to make regular
supervisory visits to Village Courts and offer advice. In practice, supervision
has been extremely irregular in some areas. Sections 86 and 87 of the Village
Court Act allow for the possibility of review and appeal. For instance, a Local or District Court
magistrate may review or hear appeals from Village Courts.
Land Courts
were established under the Land Disputes Settlement Act. This Act sought to combine elements of
customary and Western settlement procedures. The first step in a land dispute
is mediation involving community participation and compromise. Land mediators are usually appointed from
Village Court Magistrates or other village leaders (Sect.11) and try to bring
the parties to a settlement. If
mediation is unsuccessful, then the case can go before a Local Land Court for
arbitration (Sect.27). This court
consists of a Local Land Magistrate, who is normally a Local Court Magistrate,
and two or more land mediators or other persons from the area (Sect.23). While the emphasis is on mediation and
compromise, if none is reached, the court can force a solution. If arbitration
fails, the case may be brought to a District Land Magistrate, who is usually a
senior District Magistrate for the area.
Appeals are allowed in limited circumstances (Sect.58).
The Juvenile
Courts were established under the Juvenile Courts Act of 1991 and replaced the
previous system of Children's Courts. These are courts of summary jurisdiction,
with the power to hear all offenses committed by children under the age of 18
which would otherwise be triable before a District or
Local Court. In addition, the Juvenile
Court can hear and determine summarily all indictable offenses committed by
juveniles other than homicide, rape or any other offense punishable by death or
life imprisonment. (Juvenile Courts Act, s.15).
Juvenile Courts are presided over bymagistrates
specially appointed to these courts. Publication
of a court's proceedings is prohibited unless the court expressly authorizes
publication and the proceedings are conducted in camera. Juvenile Courts are not bound by strict rules
of evidence (Sect.25). Throughout the
proceedings the interests of the juvenile shall be the paramount consideration
(Sect.4). Where it has been established
that an offense has occurred, the court has a range of options. The court can order the discharge of the
juvenile without conviction, enter a conviction but impose no further order,
fine the juvenile up to K200, order the juvenile to pay damages up to K200,
place the juvenile on probation, order that the juvenile be made a ward of the
Director of Child Welfare, order that the juvenile be made a ward and committed
to the care of the Director, with a directive that the ward be committed to
custody in a juvenile institution, or sentence the juvenile to a term of
imprisonment in the juvenile section of a corrective institution (Sect.30).
Coroners are
appointed under the Coroners Act and are required to carry out judicial
investigations in cases of unexplained deaths on behalf of the State. They also conduct official inquiries into the
cause of fires which result in property damage, as well as inquiries into the
whereabouts of missing persons. Official
inquiries are called inquests. Coroners
are usually District Court magistrates. A
coroner is given all the powers of a District Court applicable to committal
hearings of indictable offenses. If necessary, a coroner can commit a person
for trial in the National Court for homicide or arson, depending on the
circumstances. The procedure followed at inquests is largely the same procedure
as the District Court.
These courts
are designed to deal with disputes and other matters which arise in connection
with mining operations. Wardens are appointed under the Mining Acts and carry
out both administrative and judicial duties.
Warden's Courts can hear and decide all disputes and cases which arise
in relation to mining on any land which is subject to a mining lease. They can
also hear cases involving offenses against the Mining Acts.
There are
currently 16 judges of the Supreme and National Courts, including 2 Acting
Judges. Of these, 10 are Papua New
Guinean citizens and 6 are non-citizens (mainly Australians). Only 1 of the 16 judges is a woman, as well
as a non-citizen. When appointed, a
judge serves on both the National and the Supreme Court, usually spending the
first three weeks of each month sitting as a trial judge in the National Court
and the last week sitting as an appellate judge in the Supreme Court. Until the late 1980's all National Court
judges were based in the capital, Port Moresby.
From there they travelled on circuit during
the first three weeks of each month. A
decentralization program has led the relocation of some judges to provincial
centers. Two judges have been placed in
both Rabaul and Lae. One judge has been placed in the centers of Madang, Goroka and Mount Hagen.
The Chief
Justice is appointed by the National Executive Council (N.E.C.). All other judicial appointments are made by
the Judicial and Legal Services Commission (J.L.S.C.), a five member body
comprised of the Chief Justice, Deputy Chief Justice, Chief Magistrate,
Minister for Justice or Attorney-General and a Member of Parliament. Section 168 of the Constitution provides that
the qualifications for judges, including the Chief Justice and Deputy Chief
Justice, are to be determined by an Act of Parliament. The National Court Act
lists the legal qualifications and is supplemented by the Organic Law on the
Terms and Conditions of Employment of Judges.
Section 2 of the National Court Act states that to be appointed a judge,
a person must be a Papua New Guinean citizen, hold a law degree for 6 years,
and have practiced as a lawyer for a minimum of 4 years. If the person holds a law degree and has
practiced as a magistrate of a District Court, then the minimum time of
practicing as a lawyer is 5 years. A
non-citizen lawyer can be appointed as a judge under Sect.3 of the National
Court Act if he or she has practiced as a lawyer for a minimum of 5 years in
Papua New Guinea or in a country whose legal system is similar to that of Papua
New Guinea.
CORRECTIONS
There are
currently 18 jails in operation in Papua New Guinea. Of these, 4 are metropolitan jails (Bomana, Buimo, Kerevat and Baisu), 12 are
provincial jails, and 2 are district jails.
The Bomana metropolitan jail, outside Port
Moresby, comprises two separate institutions. One is the major Central
Correctional Institution and the other is the Maximum Security Institution. The
latter is the only institution of its kind in the country. The Constitution provides that all persons
deprived of their liberty "shall be treated with humanity and with respect
for the inherent dignity of the human person". It further states that convicted detainees
should be segregated from remand detainees and that juveniles be separated from
adults. In practice, most jails have separate compounds for juvenile and female
prisoners. Generally speaking, however,
no separate facilities exist for remand prisoners. (Constitution, Sect.37 (9)(17)(18). Existing
jails are designed essentially as prison compounds, enclosed by fences. Escapes are relatively frequent.
Similar to
other criminal justice agencies, the Corrective Institutions Service is a
national institution, with its headquarters in Port Moresby. The Commissioner, Deputy Commissioners and
Assistant Commissioners constitute the senior executive management of the service
responsible for operations. They also
advise the Minister for Correctional Services on administrative matters. In addition to the C.I.S., some churches and N.G.O.'s play a minor role in the provision of penal
services. This includes Boystown in Wewak, run by the
Catholic church, and several juvenile hostels provided
by the Salvation Army.
There are
currently 1,650 officials, including uniformed and civilian staff, employed by
the C.I.S. Of these, 221 work at the
Headquarters or are involved in staff training.
The remaining 1,429 employees are dispersed among the various C.I.S.
institutions around the country. Applicants
for employment with the C.I.S. are expected to attend a selection interview,
fulfill certain medical requirements and successfully complete a pre-entry test
which has a fixed pass mark for different grades of school levels. Trainee wardens normally undergo six months
of training at the C.I.S. Training College at Bomana,
outside Port Moresby. Trainees are
taught courses in institutional procedures, C.I.S. law, penology, supervision,
self-defence and physical education, practical
training, foot and arms drills, and riot drills.
Under the
Corrective Institutions (Remission of Sentences)(Amendment)
Regulation 1985, prisoners are allowed a remission of one-third of their
sentence. Escapees and those who have
been found guilty of a serious breach of Prison Regulations by a Visiting
Justice will lose their remission. (Regulation of 1985,
Remission of Sentences, Amendment).
The 1991 Parole Act allows for the conditional release of prisoners on
parole at the discretion of a Parole Board. Under the Act, a prisoner is
eligible for consideration for parole where he or she: (a) is sentenced to
prison for not less than 3 years and has served not less than 12 months; or (b)
is sentenced to prison for 3 years or more and has served not less than
one-third of his sentence; or (c) is sentenced to life imprisonment or
detention and has served not less than 10 years in prison.
All prisons have medical orderlies and aid
posts and there is provision for visits from a visiting medical officer from
the nearest government hospital. In
addition, prisoners may be taken to such a hospital for treatment. Section 37(20) of the Constitution recognizes
the general right of prisoners to serve their sentences in an institution in
the area closest to where their relatives live.
Weekly visits from relatives and friends are normally allowed. Weekend leave is not permitted but a prisoner
may be allowed to attend the funeral of a relative where the service is
conducted within reasonable travelling distance from
the institution.
WOMEN
Violence
against women, including domestic violence and gang rape, was a serious and
prevalent problem in 2004. Domestic violence was common and is a crime. However, since
most communities viewed domestic violence as a private matter, few victims
pressed charges and prosecutions were rare. Traditional village mores, which
served as deterrents, were weakening and were largely absent when youths moved
from their village to a larger town or to the capital. Although rape is
punishable by imprisonment and sentences were imposed on convicted assailants,
few rapists were apprehended. The willingness of some communities to settle
incidents of rape through material compensation rather than criminal
prosecution made the crime difficult to combat. In December, the Madang provincial governor was charged with raping a
17-year-old high school student during the National Governors' Conference in
September. The case had not gone to trial by year's end.
Violence
committed against women by other women frequently stemmed from domestic
disputes. In areas where polygyny was still
customary, an increasing number of women were charged with the murder of
another of their husband's wives. According to one report, 65 percent of women
in prison were there for attacking or killing another woman. In August, the head of the National Council
of Women called for stronger criminal penalties for perpetrators of violent
acts against women.
The
Constitution and laws have provisions for extensive rights for women dealing
with family, marriage, and property issues. Some women have achieved senior
positions in business, the professions, and the civil service. However,
traditional discrimination against women persisted. Many women, even in urban
areas, were considered second-class citizens. Village courts tended to impose
jail terms on women found guilty of adultery, while penalizing men lightly or
not at all. Circuit riding National Court justices frequently annulled such
village court sentences. By law, a district court must endorse orders for
imprisonment before the sentence is imposed. Polygyny
and the custom in many of the country's tribal cultures of paying a bride price
tended to reinforce the view that women were property. In addition to the
purchase of women as brides, women also sometimes were given as compensation to
settle disputes between clans. The courts have ruled that such settlements
denied the women their constitutional rights.
According to
statistics published in the UNDP's 1999 country
report on human development, women were gaining rapidly in literacy and
education. Adult literacy rose to 73 percent; 65 percent of women were
literate, compared with 86 percent of men. However, there were approximately 15
percent fewer girls in primary schools than boys. According to Ministry of
Health statistics, the maternal mortality rate was 370 deaths per every 100,000
live births during the period 1985-1997.
Prostitution
is illegal; however, the laws were not enforced and the practice was
widespread. There were no reports of sex tourism during the year. Sexual
harassment is not illegal, and it was a widespread problem. There is an Office
of Women's Affairs in the Office of Church and Family Services of the Ministry
of Provincial Affairs; however, due to funding constraints, it was not active
during the year, and it had little effect on the Government's policy toward
women.
CHILDREN
Independent
observers generally agreed that the Government did not dedicate significant
resources to protecting the rights and welfare of children. Religious and
secular NGOs operated programs to protect and develop youth and children. In
the past, children were well cared for within the family and under traditional
clan and village controls; however, preliminary, small-scale studies indicated
that this situation has changed over the last decade, especially in areas where
households have become isolated from the extended family support system and
depend on the cash economy for a livelihood.
According to
a report prepared by the Government and UNICEF, sexual abuse of children was
believed to be frequent. There were some cases of commercial sexual
exploitation of children in urban areas. Many villages were geographically
isolated, and malnutrition and infant mortality rates were very high. Nearly 70
of every 1,000 children born did not survive their first year. Primary
education was not free, compulsory, or universal; substantial fees were
charged. In 1999, the Asian Development Bank reported a primary school
enrollment rate of 91 percent for boys and 78 percent for girls; many children
did not progress further. Government-provided free medical care for citizens,
including children, was no longer available due to budget cuts and
deteriorating infrastructure, particularly in rural areas. Many children did
not have effective medical care.
TRAFFICKING
IN PERSONS
Although the
Constitution does not prohibit trafficking in persons, there was no evidence
that persons were trafficked to, from, or within the country. However, over the
last 5 years, the Government investigated allegations of corruption among
officials dealing with passport issuance and immigration. These allegations
centered on the organized circumvention of immigration controls; often this
involved the issuance outside of regulations of residence and work permits for
Chinese or South Asian nationals migrating to the country. Nevertheless, there
was concern that the country may be used as a route for trafficking in persons
to Australia.
DRUG
TRAFFICKING
Drug
trafficking does not occur on a significant or commercial scale in Papua New
Guinea (PNG), Solomon Islands, or Vanuatu. However, Australian law enforcement
authorities have identified the Highlands Provinces of PPNG as a small-volume
source of cannabis that makes its way into Australia via the Western Province
and over the Torres Strait. In the three countries, drug abuse among urban
youth is a growing concern, with cannabis usage and glue or solvent sniffing
the most popular drugs of abuse in PNG and the Solomon Islands, especially by
poor, and usually unemployed, urban youth. Vanuatu authorities have in recent
years made infrequent and small seizures of amphetamine and some synthetics
(such as Ecstasy—MDMA), which they assert were imported from Asia and were
intended for the country's affluent youth.
There are no
reliable quantitative measures of either trafficking or abuse in these three
countries. Beyond the regular activities of their poorly-resourced and
poorly-managed law enforcement agencies, none of the countries has a
centrally-directed narcotics control strategy. Though PNG passed legislation
creating a Narcotics Control Board in 1992, it has yet to be established or
staffed. PNG is a party to the 1961 UN Single Convention on Narcotic Drugs, as
amended by the 1972 Protocol, and the 1971 UN Convention on Psychotropic
Substances. The Solomon Islands is a party to the 1961 UN Single Convention on
Narcotic Drugs, as amended by the 1972 Protocol. None of the three countries is
a party to the 1988 UN Drug Convention. Money laundering is not reported to
occur in PNG or the Solomon Islands, and no incidents have been reported or
prosecuted in Vanuatu, though legislation and enforcement in all three
countries could be improved. Better efforts and training for counterterrorism
is being supported and promoted in the region primarily by Australia.
There is no
evidence of significant levels of illicit drug production or transit in PNG,
the Solomon Islands, or Vanuatu. Cases of potential narcotics transshipment
occasionally come to light in PNG, but there is no persistent pattern. There is
evidence of small-scale PNG cannabis cultivation and export, primarily to
Australia. This activity may also be related to smuggling of small arms into
Australia. None of these countries is a source of precursor chemicals. In one
case in 2000, a local PNG firm allegedly made arrangements to import
pseudo-ephedrine in quantities far in excess of legitimate domestic
requirements. Government authorities revoked the import authorization when they
discovered irregularities in its issuance. The potential involvement of
organized drug-traffickers in the case was investigated by PNG law enforcement
agencies though the findings were never made public.
Due to the
very limited extent of drug trafficking and abuse in Papua New Guinea, Solomon
Islands, and Vanuatu, law enforcement agencies have not established separate
initiatives for countering cultivation, production, and distribution of illegal
drugs. Similarly, asset seizure, extradition, and mutual legal assistance in
narcotics cases occur too infrequently to form the basis for an assessment of
the governments' performance in these areas. In general, however, the law
enforcement agencies of all three countries have shown themselves to be willing
to cooperate with other countries on narcotics enforcement as needed, given
resource constraints. There is no evidence of narcotics-related corruption in
these countries.
