Unusual Laws in Papua New Guinea
Papua New Guinea is known for its diverse culture and unique legal system. Among its laws, there are some that may seem peculiar to outsiders. Let’s take a look at two such laws: the Sorcery Act 1971 and the provisions related to accusations and punishments.
Sorcery Act 1971
The Sorcery Act 1971 in Papua New Guinea acknowledges and accommodates the cultural beliefs of many people regarding sorcery while attempting to deal with the negative aspects of the practice (Library of Congress Law Blog). It distinguishes between evil sorcery and innocent sorcery and emphasizes the need to prevent false accusations of sorcery. The act recognizes that sorcery can be a deeply rooted belief within certain communities and aims to strike a balance between respecting cultural practices and protecting individuals from harm.
Accusations and Punishments
Under the Sorcery Act 1971, falsely accusing or spreading false reports of sorcery is considered an offense. This provision aims to prevent the harmful consequences that can arise from unfounded accusations and the subsequent threats, intimidation, and fear that may be utilized by sorcerers. Those found guilty of falsely accusing or spreading false reports of sorcery can face imprisonment for a term not exceeding one year.
It’s important to note that this provision does not apply in cases where the sorcery involved is innocent sorcery only (Library of Congress Law Blog). The law recognizes that not all acts of sorcery are intended to cause harm, and innocent sorcery is not punishable under this act.
While these laws may seem unusual to outsiders, they reflect the unique cultural context of Papua New Guinea. The Sorcery Act 1971 and its provisions regarding accusations and punishments aim to address the complexities surrounding sorcery beliefs while promoting fairness and preventing the harmful consequences of false accusations.
Legal Reforms in Progress
In Papua New Guinea, efforts are being made to review and reform certain laws, including those that may seem unusual or outdated. Let’s take a look at two important aspects of the legal reform process in progress: the review conducted by the Constitutional Commission and the nationwide consultation process.
Review by Constitutional Commission
In response to concerns surrounding certain laws, the government of Papua New Guinea requested the Constitutional and Law Reform Commission to review the sorcery laws in 2009. The aim was to assess the effectiveness of existing laws, offenses, penalties, defenses, and enforcement issues related to sorcery laws in the country (Library of Congress Law Blog). The Constitutional Commission, composed of legal experts, scholars, and officials, was tasked with analyzing the current legal framework and identifying areas that required attention and improvement.
As part of the review process, the Constitutional and Law Reform Commission released an issues paper on sorcery laws in Papua New Guinea. This paper provided an overview of the existing laws, highlighted their strengths and weaknesses, and sought public input on potential solutions and recommendations for addressing the issue. This review was an important step in understanding the effectiveness and impact of sorcery laws in the country.
Nationwide Consultation
In addition to the review conducted by the Constitutional Commission, Papua New Guinea initiated a nationwide consultation process to gather input and perspectives from the public. This process aimed to ensure that the voices and concerns of the people were taken into account when considering legal reforms.
During the nationwide consultation, individuals and communities had the opportunity to share their experiences, provide feedback on existing laws, and propose changes or improvements. This inclusive approach allowed for a broader understanding of the issues at hand and ensured that the legal reforms would reflect the needs and aspirations of the people of Papua New Guinea.
Through the review by the Constitutional Commission and the nationwide consultation process, Papua New Guinea is working towards a more informed and inclusive approach to legal reform. These efforts demonstrate the commitment of the government to address concerns and make necessary changes to the legal framework of the country.
While some laws in Papua New Guinea may seem unusual, it is important to consider the ongoing legal reforms and the context in which these laws are being reviewed. By engaging in a comprehensive review process and seeking input from the public, Papua New Guinea is taking steps towards a more just and equitable legal system.
Cultural Context and Challenges
Papua New Guinea is a country with a rich cultural heritage, and it is important to understand the cultural context and challenges that exist alongside the unusual laws in the country.
Wantok Systems
Many communities in Papua New Guinea are still structured in traditional wantok systems, with their own customary laws and practices that are partially recognized by the country’s constitution. The wantok system serves as an important social support structure in the society, with primary allegiance among its members. This system promotes a sense of belonging and mutual assistance within the community, but it can also present challenges in terms of governance and law enforcement.
Within wantok systems, customary law often plays a significant role in resolving disputes and maintaining social order. However, it is important to acknowledge that customary laws can be biased, particularly against women. In many cases, women face discrimination in terms of property rights, inheritance, and decision-making power. Most elected community leaders are older men, which further perpetuates gender inequality within these systems.
Customary Laws and Gender Bias
The legal framework in Papua New Guinea is a blend of customary law, statutory law, and common law. While the country has made efforts to modernize its legal system, customary laws continue to influence social norms and practices. Unfortunately, these customary laws are often prejudiced against women, limiting their rights and opportunities within society.
Sorcery-related violence against women is a prevalent issue in Papua New Guinea. Women accused of sorcery may face severe consequences, including rape, torture, and even murder. Shockingly, women are six times more likely to be accused of sorcery than men, and victims are often subjected to inhumane treatment. Although these crimes are illegal according to the constitution, the influence of customary law can make it challenging to hold perpetrators accountable, leaving little justice available for survivors and families of those affected.
In addition to sorcery-related violence, Papua New Guinea also faces high rates of violence against women in general. It is estimated that close to 70% of women in the country experience violence from their partners or husbands, making it one of the highest rates in the world. The severity of abuse is evident in the high proportion of women treated for partner violence with weapon-inflicted wounds, highlighting the urgent need for stronger legal protections and support systems for survivors.
Furthermore, the environmental impact of industries like mining and logging poses significant challenges in Papua New Guinea. These activities not only affect natural resources but also have repercussions on the livelihoods of communities. Unfortunately, women, despite possessing ancestral rights, are often excluded from decision-making processes that impact their lives. In regions like East Pomio, where land-use and resources are heavily affected, women face silencing and limited agency in matters concerning the environment and their communities’ well-being.
It is important to recognize and address these cultural and societal challenges alongside the unusual laws in Papua New Guinea. Efforts to promote gender equality, protect women’s rights, and ensure sustainable development are crucial for creating a more just and inclusive society in the country.
Social Issues in Papua New Guinea
Papua New Guinea faces several social issues that have significant impacts on its population. Two prominent concerns are violence against women and the environmental impact of industries.
Violence Against Women
Papua New Guinea has one of the highest rates of violence against women in the world, with an estimated close to 70% of women experiencing violence from their partners or husbands (IWDA). This alarming statistic highlights the prevalence of gender-based violence in the country.
Women in Papua New Guinea face various forms of abuse, including physical, sexual, and emotional violence. Partner violence is particularly severe, with a high proportion of women treated for such violence being wounded with weapons, indicating the severity of abuse.
Sorcery-related violence against women is also prevalent in Papua New Guinea. Women accused of sorcery may face severe consequences, such as rape, torture, and even murder. Disturbingly, women are six times more likely to be accused of sorcery than men, and victims are often subjected to inhumane treatment (IWDA). These crimes, although illegal in the constitution, are challenging to punish due to customary law, leaving little justice available for survivors and families of those affected.
To address this issue, efforts are being made to raise awareness, provide support services, and improve legal frameworks to protect women from violence. Organizations and individuals are working together to challenge cultural norms and ensure that women’s rights are respected and upheld.
Environmental Impact of Industries
The natural resources of Papua New Guinea are vital for the country’s economy. However, mining and logging activities have had a significant environmental impact, posing risks to the rich biodiversity of the islands and affecting the livelihoods of local communities.
These industries often result in deforestation, habitat destruction, and pollution, threatening the delicate ecosystems and the diverse flora and fauna that call Papua New Guinea home. The environmental degradation also has adverse effects on the communities that rely on these resources for their sustenance and cultural practices.
It is concerning that women, despite possessing ancestral rights, are frequently excluded from decision-making processes that impact their lives and are silenced in matters concerning land-use and resources, particularly in regions like East Pomio (IWDA). This exclusion prevents women from actively participating in shaping the sustainable development of their communities.
Efforts are being made to promote sustainable practices, protect the environment, and include women in decision-making processes. Conservation organizations, local communities, and government bodies are working together to find ways to balance economic development with environmental preservation and ensure that women have a voice in shaping the future of their land.
Addressing these social issues requires continued advocacy, education, and collaboration among various stakeholders. By raising awareness and working toward solutions, Papua New Guinea can make strides in creating a safer and more environmentally sustainable society for all its citizens.
