33/10 Report of the Working Group on the Universal Periodic Review - Papua New Guinea

GE.16-12009 (E) 270716



Human Rights Council Thirty-third session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Papua New Guinea

* The annex is being circulated in the language of submission only.

United Nations A/HRC/33/10

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Contents

Page

Introduction ................................................................................................................................... 3

I. Summary of the proceedings of the review process ...................................................................... 3

A. Presentation by the State under review ................................................................................. 3

B. Interactive dialogue and responses by the State under review .............................................. 8

II. Conclusions and/or recommendations ........................................................................................... 13

Annex

Composition of the delegation ...................................................................................................... 24

GE.16-12009 3

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-fifth session from 2 to 13 May

2016. The review of Papua New Guinea was held at the 7th meeting on 6 May 2016. The

delegation of Papua New Guinea was headed by the Chargé d’Affaires, Permanent Mission

of Papua New Guinea to the United Nations, Fred Sarufa. At its 17th meeting, held on 11

May 2016, the Working Group adopted the report on Papua New Guinea.

2. On 12 January 2016, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Papua New Guinea: Belgium, Namibia and

Viet Nam.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Papua New Guinea:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/25/PNG/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/25/PNG/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/25/PNG/3).

4. A list of questions prepared in advance by the Czech Republic, Germany,

Liechtenstein, Mexico, Norway, Slovenia, Spain, Sweden, Switzerland and the United

States of America was transmitted to Papua New Guinea through the troika. These

questions are available on the extranet of the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation highlighted the nexus between recently adopted landmark

multilaterally agreed frameworks, including the 2030 Agenda for Sustainable Development,

the Paris Agreement, the Addis Ababa Action Agenda of the Third International

Conference on Financing for Development and the Sendai Framework for Disaster Risk

Reduction, and the clear recognition of the importance of safeguarding and advancing

fundamental human rights principles and values, which also served as catalyst to improving

the well-being and livelihoods of humanity.

6. In the global multilateral agreements, Papua New Guinea clearly recognized that the

safeguarding and advancement of human rights was a cross-cutting issue.

7. The delegation also recognized the country’s strengths and challenges in terms of

human rights protection, referring to the universal periodic review as a robust global checks

and balance mechanism.

8. One of the fundamental differences between the first universal periodic review of

Papua New Guinea in 2011 and the second in 2016 was that its population had increased by

over seven and half million citizens. Hence, Papua New Guinea had the challenge of

ensuring that the inherent and fundamental human rights of all its citizens and expatriate

visitors alike were respected, upheld and promoted.

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9. The Constitution of Papua New Guinea underpinned the protection and promotion

of human rights as an enduring and sacrosanct principle and the country remained

steadfastly committed thereto. The Constitution encompassed all the rights and freedoms

articulated in the Charter of the United Nations and, particularly, the Universal Declaration

of Human Rights. Human rights and freedoms were also subject to the respect for the rights

and freedoms of other persons and legitimate public interests.

10. As Papua New Guinea embarked on implementing the Sustainable Development

Goals and other global agreements for a prosperous, secure, healthy, peaceful and

progressive nation consistent with its “Vision 2050” plan and other existing national

development plans, strategies and polices, the importance of ensuring the fundamental and

inherent rights of citizens continued to remain central.

11. The delegation referred to the key pillars to realizing the enhancement of human

rights and freedoms while guaranteeing the Sustainable Development Goals, which

included ensuring respect for the rule of law, good governance, human and institutional

capacity-building to safeguard and promote human rights, sustained economic growth,

promotion of peaceful and inclusive societies and protection of the natural environment and

combating climate change. It also included fostering genuine and durable multi-stakeholder

development partnership, guided by national ownership and leadership on human rights

protection and promotion and the national development agenda.

12. At the global level, the efforts of Papua New Guinea to safeguard and protect human

rights were consistent with and guided by its international commitments and obligations

under several multilateral frameworks, including core human rights instruments.

13. The delegation referred to the country’s main human rights achievements since its

previous universal periodic review in 2011. Papua New Guinea had ratified the Convention

on the Rights of Persons with Disabilities on 26 September 2013. To guide the

implementation of the Convention, the National Disability Policy (2015-2025) had been

established. In addition, sign language had been introduced as one of the national languages

for all government programmes and an office had been set up to support the

implementation of the Convention. A database project was also being developed as part of

an international development partnership.

14. On the issue of the Protocol relating to the Status of Refugees, in 2013, Papua New

Guinea had expressed its intention to withdraw all of its seven reservations thereto. The

process was pending completion of domestic formalities. The new National Refugee Policy

had been inaugurated in October 2015 and guided the country’s efforts in relation to

refugees. The country’s approach included cooperation with Australia in relation to the

Manus Processing Centre for asylum seekers, in the light of the recent decision of the

Supreme Court of Papua New Guinea declaring the transfer and detention of the asylum

seekers as unconstitutional.

15. Papua New Guinea was also working towards ratifying the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the ratification

of which was expected to take place soon. Similarly, a process to ratify the Protocol to

Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,

supplementing the United Nations Convention against Transnational Organized Crime, had

already started.

16. In 2013, Papua New Guinea had criminalized trafficking in persons in its domestic

Criminal Code and established the Action Plan on Trafficking in Persons (2015-2020) and

standard operating procedures for the identification, referral and prosecution of human

trafficking cases in the country. Both the Action Plan and the standard operating procedures

were awaiting Cabinet approval. Papua New Guinea was working closely with national and

international partners to implement policies in a strategic and effective way.

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17. Additionally, Papua New Guinea intended to ratify the International Convention on

the Protection of the Rights of All Migrant Workers and Members of Their Families.

18. The recommendations to ratify the Optional Protocol to the Convention on the

Elimination of Discrimination of All Forms of Discrimination against Women and the

Optional Protocol to the Convention on the Rights of Persons with Disabilities would be

considered in the context of national legislation.

19. Papua New Guinea continued to constructively engage with the human rights special

procedure mandate holders. The Special Rapporteur on violence against women, its causes

and consequences, and the Special Rapporteur on extrajudicial, summary or arbitrary

executions had visited the country in March 2012 and March 2014, respectively. Papua

New Guinea was also considering the visit request from the Special Rapporteur on the

human rights of migrants.

20. The respective recommendations of the Special Rapporteurs who had visited the

country were being considered by Papua New Guinea and, in certain areas, including

detainees’ treatment and gender-based violence, specific national actions were well under

way. For example, Papua New Guinea had instituted human rights training for law

enforcement officers with commendable support from the International Committee of the

Red Cross and Australia. It had also enacted the Juvenile Justice Act in 2014, which

safeguarded juveniles, particularly women and girls in custody or detention. Gender-based

violence had been addressed in 2013 through the enactment of the Family Protection Act,

which had provided a strong basis for protecting women from violence.

21. The delegation stressed the absence of credible official data and statistics on

violence against women and girls and gender-based violence in the country, which needed

to be addressed. However, general prevalence rates indicated that those human rights

concerns were still at an unacceptable level and they thus continued to be of serious

concern to Papua New Guinea. There was no place for violence against women and girls

and gender-based violence in the country’s communities and homes. Elimination of such

human rights violations was a core focus and must be a matter for all and not just for the

Government. Papua New Guinea was strengthening efforts at all levels to ensure that all

citizens promoted women and girls and protected them from violence of any form and that

women and girls were treated with dignity and respect. Papua New Guinea was committed

to addressing that important issue. Advocacy and awareness-raising programmes were still

needed. However, challenges were real as resource and capacity constraints were serious

impediments that required appropriate support.

22. Papua New Guinea had prioritized and was committed to combating violence

against women and girls and gender-based violence at all levels. Efforts in that regard

included the application of the Lukautim Pikinini (Child) (Amendment) Act 2014, which

criminalized underage marriage (of children under 18 years old), while the Criminal Code

provided for the criminalization of marital rape and attempted rape.

23. In addition, the establishment, with the generous support of development partners,

throughout the country of 17 family support centres and sexual violence centres was a

helpful tool in the campaign against gender-based violence. Creating an enabling

environment by linking police and health work in the context of gender-based violence was

contributing to the access to justice, medical care and services and the rehabilitation and

recovery of victims of gender-based violence. Moreover, complementary and commendable

supportive work against gender-based violence was provided by civil society in the country,

especially in urban areas, where “Haus Ruth” safe houses were provided for short-term

protection and accommodation for victims.

24. Furthermore, a key measure in combating gender-based violence that Papua New

Guinea had taken was the enhancement of gender equality and empowerment policies,

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strategies and the establishment of a multisectoral technical working group mandated to

develop a sexual and gender-based violence strategy, resulting in the development of the

new Gender-Based Violence National Strategy (2015-2025), which was in its final stages of

Cabinet approval.

25. Papua New Guinea was also in the process of reviewing its laws to protect women

and girls against discrimination and gender-based violence and to foster gender equality

and empowerment; that included the ongoing work related to harmonization of domestic

laws with the Convention on the Elimination of All Forms of Discrimination against

Women.

26. In 2013, the National Public Service had established the Gender Equality and Social

Inclusion Policy, which was a platform for mainstreaming and empowering women and

girls within the public service. It was also aimed at protecting women and girls from

gender-based violence, abuse and exploitation in professional settings.

27. The delegation also referred to the establishment of the Women’s Micro Bank and

the National Development Bank as important achievements in empowering women in

business leadership and decision-making. Also, in partnership with development partners

such as the United Nations Entity for Gender Equality and the Empowerment of Women

(UN-Women) and Australia, the “Safe Cities Free of Violence against Women and Girls”

initiative had been promoted at markets and on public transport for women and girls.

28. In the context of women’s political representation, leadership and decision-making

in Parliament and the lower levels of government and administration in Papua New Guinea,

the delegation underlined the positive progress made, including measures to support gender

equality and empowerment, the development of a constitutional amendment for equality

and participation to increase women’s representation in Parliament and the Bill on Equality

and Participation, which was pending in Parliament. The Organic Law on Provincial and

Local-Level Governments already provided for the nomination of women to be represented

at the provincial and local levels. Moreover, in 2013, the National Council of Women Act

was enacted, providing for equal participation of women in political and public affairs.

29. Since 2012, Papua New Guinea had three elected female leaders to the National

Parliament, one of whom was a Cabinet Minister holding the portfolio that dealt with

women and girls’ affairs and another was a Governor of one of the most populous

provinces in the country. At the provincial and local government levels, there had been a

marked increase in women in leadership positions. At the judicial level, the number of

female judges appointed to the higher courts had also increased from one to five since

before 2011. While positive progress was being made in that area, further efforts were

needed.

30. On the issue of sorcery-related killings, a multi-stakeholder approach had been

taken, in addition to the repeal of the 1971 Sorcery Act in 2012 and the enactment of a

related law in 2014 that criminalized killings related to sorcery. The passing of that law had

to be supported by other appropriate measures, including advocacy and awareness-raising.

31. The National Action Plan against Sorcery- and Witchcraft-related Violence had been

approved in 2015 and further supported by the establishment of national and provincial

committees to ensure implementation of both the Law and the Plan.

32. Papua New Guinea was also making efforts to respect the rights of children,

including the adoption of the Lukautim Pikinini (Child) (Amendment) Act 2014, enacted to

strengthen the implementation of the Convention on the Rights of the Child in the country.

Papua New Guinea had also enacted the Juvenile Justice Act in 2014 to ensure that child

offenders, particularly girls, were protected and to rehabilitate and reintegrate them into

society for a productive and healthy life.

GE.16-12009 7

33. Furthermore, since 2012, Papua New Guinea had abolished tuition fees for universal

primary education and subsidized secondary and tertiary education.

34. An important initiative that Papua New Guinea had embarked upon in 2014 was

ensuring that all children were registered at birth under the National Identity Project.

35. To further enforce the ban on corporal punishment against children, Papua New

Guinea was strengthening efforts to implement the Behaviour Management Policy, adopted

in 2009.

36. In the context of the nexus between law, justice and human rights, 2016 had been

declared by the Police Department as the year of discipline and zero tolerance against

unlawful conduct and abuse of authority and power by all law enforcement officers.

Disciplinary measures had already been instituted against law enforcement officers. Human

rights training was an ongoing and integral part of the exercise, with support for such

training provided by the Ombudsman Commission and development partners, including the

International Committee of the Red Cross and OHCHR.

37. Another important recent development was the establishment in 2011 of the “human

rights track” within the national courts in Papua New Guinea to deal with enforcement of

human rights issues under the Constitution, including providing remedies for violations and

abuses. That initiative included simplification of court proceedings that were solely focused

on human rights and provision for justice to be expeditiously provided.

38. Through the work of the law and justice sector, access to justice in rural and remote

communities had now been provided thanks to the establishment of over 1,600 village

courts and the appointment of over 16,000 village court officials, including peace officers,

who were on the public sector payroll.

39. On the issue of combating corruption, a constitutional amendment establishing the

Independent Commission against Corruption had been adopted in 2012 and, in 2015, the

organic law for the establishment for the Commission had been brought before the National

Parliament for consideration. Papua New Guinea was committed to combating corruption,

including through the establishment of the Commission.

40. The commitment of Papua New Guinea to establish an independent national human

rights institution in accordance with the principles relating to the status of national

institutions for the promotion and protection of human rights (the Paris Principles)

remained steadfast and the country was working towards that end.

41. The lack of human and institutional capacity remained an ongoing challenge, which

would require strengthening efforts at the national level, including appropriate technical

and capacity-building training on key human rights issues. It would also require breaking

down internal silos to ensure coherent and coordinated efforts to follow-up reporting and

related activities. In addition, simplifying reporting templates for the various human rights

conventions would be highly useful. While expressing its commitment to fulfilling

international obligations, the delegation indicated that the challenge related to ratifying core

human rights instruments was the reporting obligations, which were not easy to implement,

and that Papua New Guinea required capacity-building to be in a position to improve its

reporting.

42. Resource constraints continued to be an impediment to fully implementing human

rights commitments and obligations. Papua New Guinea stood ready to work with all

development partners who were willing to support the country to enhance human rights

progress.

43. Furthermore, the inadequacy of credible and accurate data and statistics on human

rights issues in the country — compounded by the absence of centralized data storage and

8 GE.16-12009

an analytical medium — remained a major challenge. Papua New Guinea would welcome

appropriate technical, financial and other resources and support from development partners

in the collection and interpretation of human rights data and statistics.

44. The rich diversity of Papua New Guinea in terms of multilingualism, cultures and

traditions, as well as geographic terrain, created barriers to effective communication related

to translating and transcribing human rights issues countrywide.

45. Regarding the death penalty, it was not illegal under international law and for Papua

New Guinea it was part of its domestic law. A de facto moratorium, as suggested by several

States, was a sensitive issue.

46. Regarding the rights of lesbian, gay, bisexual, transgender and intersex persons, the

issue needed to be understood by the population. A national consultation process was

required in order to address the issue in a comprehensive way.

47. Regarding the right to health, Papua New Guinea was aware of its high rates of

maternal mortality and complications related to pregnancy. The country was also aware that

it had not achieved the target of the Millennium Development Goals to reduce maternal and

child mortality rates. In that regard, a number of initiatives has been put in place, such as

providing free primary health care and services to all citizens and training to health-care

officers.

48. The delegation furthermore referred to the country’s five key priorities at national

level, namely health, education, economic growth, law and justice, and infrastructure.

49. On the subject of agricultural and business leases, Papua New Guinea had held a

commission of inquiry. Subsequently, legislative amendments had been proposed to give

effect to the commission’s recommendations.

50. Lastly, Papua New Guinea thanked all the delegations for their recommendations,

questions and comments and commended the secretariat of the Human Rights Council for

its work in support of the universal periodic review process.

B. Interactive dialogue and responses by the State under review

51. The United States of America was encouraged by the independent monitoring made

available to OHCHR and the independent human rights observers and it applauded the

country’s efforts on its national plan of action on trafficking in persons. It was, however,

concerned by reports of abuse of detainees by police and military personnel, discrimination

against women and girls, sex trafficking and forced labour and hazardous forms of child

labour in agriculture and allegations of corruption.

52. Uruguay commended Papua New Guinea for its participative and cooperative

process for drafting the national report. It was concerned about the increase in the number

of crimes to be punishable by the death penalty and the official announcement of the restart

of executions.

53. The Bolivarian Republic of Venezuela praised Papua New Guinea for ratifying the

Convention on the Rights of Persons with Disabilities, and for legislation aimed at

promoting the participation of women in public and political affairs, highlighting especially

the election of 20 women at the local level. It highlighted the success of the policy of

universal and free education at primary level.

54. Algeria welcomed the creation of sexual violence centres and family support

centres. It commended Papua New Guinea on its efforts to provide free education, the

advances in the area of children with disabilities, the ratification of the Convention on the

GE.16-12009 9

Rights of Persons with Disabilities and the elaboration of the National Disability Policy and

encourage it to continue those efforts.

55. Argentina appreciated the normative and institutional initiatives adopted by Papua

New Guinea to improve the situation of women and girls.

56. Australia commended Papua New Guinea on the ratification of the Convention on

the Rights of Persons with Disabilities and the implementation of its National Disability

Policy. It encouraged Papua New Guinea to address concerns about juvenile detention in

prisons and to prioritize maternal health and basic education. It welcomed the efforts of

Papua New Guinea to address gender-based violence and acknowledged the endorsement of

the National Action Plan against Sorcery- and Witchcraft-related Violence.

57. New Zealand commended Papua New Guinea for being the first country to formally

submit its intended nationally determined contribution under the Paris Agreement. It noted

that the commitment made during the first universal periodic review to have an operational

national human rights institution by 2012 had not yet been met.

58. Chile noted the normative and institutional developments regarding human rights,

highlighting the Family Protection Act, the Juvenile Justice Act and the Lukautim Pikinini

(Child) (Amendment) Act.

59. China welcomed the efforts of Papua New Guinea in the areas of child protection,

the juvenile justice system, the Gender Equality and Social Inclusion Policy, the Family

Protection Act, education and health-care services, the Action Plan on Trafficking in

Persons and the ratification of the Convention on the Rights of Persons with Disabilities.

China encouraged the international community to provide financial and technical support to

Papua New Guinea.

60. Cuba acknowledged human rights advances in Papua New Guinea, such as the

Family Protection Act, the Juvenile Justice Act, the Criminal Code (Amendment) Act 2013,

the National Disability Policy, the Independent Commission against Corruption and the

leadership of Papua New Guinea in the area of climate change during the twenty-first

session of the Conference of Parties to the United Nations Framework Convention on

Climate Change.

61. The Czech Republic appreciated the informative presentation of Papua New Guinea,

including the response to some of its advance questions.

62. Denmark commended Papua New Guinea for its constructive engagement in the

universal periodic review process and for having demonstrated progress in the protection

and promotion of human rights since its previous review. It hoped that Papua New Guinea

would join the 159 current States Parties to the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment, and offered assistance on that

issue.

63. Egypt commended Papua New Guinea for the progress achieved in developing the

Action Plan on Trafficking in Persons, the Criminal Code (Amendment) Act, the Civil

Registry Act 2014 and the Papua New Guinea “Vision 2050” development plan. It was

encouraged by the work aiming to establish a national human rights institution and an

independent anti-corruption commission.

64. Fiji noted that, pursuant to the decision of the Supreme Court of Papua New Guinea,

the detention of asylum seekers and refugees on Manus Island was illegal and

unconstitutional, and persons detained there must be released. It commended the decision

of Papua New Guinea to seek alternative arrangements for those detained in Manus Island.

It congratulated Papua New Guinea on the Family Protection Act and the family support

centres and sexual violence centres.

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65. France welcomed the commitments made by Papua New Guinea in the field of

human rights since its first universal periodic review in 2011.

66. Germany commended Papua New Guinea for the Family Protection Act and the

abolition of a law against alleged witchcraft. It remained concerned about reports of torture

incidents and extrajudicial killings and about the fact that women and children continued to

be disproportionately affected by crime and acts of violence.

67. Ghana noted the progress of Papua New Guinea in human rights since the first

review, including the establishment of the “human rights track” within the courts in 2013. It

welcomed the efforts to establish a national human rights institution in accordance with the

Paris Principles and to ratify the Convention against Torture. It remained concerned about

reports of sexual and physical assaults on women and girls even after the adoption of the

Family Protection Act.

68. Guatemala took note of steps undertaken to promote, protect and fulfil the

fundamental human rights of all persons.

69. Haiti welcomed the delegation of Papua New Guinea and took note of progress

made in the area of human rights, notably with the Lukautim Pikinini (Child) (Amendment)

Act.

70. The Holy See acknowledged efforts regarding the effective implementation of

human rights, such as the adoption of the Family Protection Act, which criminalized

domestic violence. It further noted the attention given to child safety through the Lukautim

Pikinini (Child) (Amendment) Act, as well as the National Identity Project, which aimed at

registering all citizens and providing them with birth certificates.

71. Honduras congratulated Papua New Guinea for its growing commitment in the

defence of human rights and encouraged it to continue complying with its commitments.

The recent derogation by Parliament of the Sorcery Act and the recent approval of different

laws, such as the Family Protection Act, the Juvenile Justice Act and the Lukautim Pikinini

(Child) (Amendment) Act were examples of such commitments.

72. Indonesia thanked Papua New Guinea for its continued engagement with the

universal periodic review. It took note of some developments, in policy and practice, on the

promotion and protection of human rights in the country. It also took note of the

endorsement in 2015 of the National Action Plan against Sorcery- and Witchcraft-related

Violence.

73. Ireland commended Papua New Guinea for the issuance of a standing invitation to

special procedure mandate holders. It encouraged the country to continue its engagement

with international mechanisms by responding in a timely manner to the communications of

special procedures and submitting all overdue reports to the treaty bodies. It remained

concerned that corporal punishment was not prohibited in all settings and at the

underresourcing and limited accessibility of schools for children living in rural areas.

74. Italy welcomed steps taken to enhance the promotion and protection of human rights

since the first cycle of universal periodic review. It welcomed, in particular, measures

aimed at increasing the protection of the rights of the child through the adoption of the

Lukautim Pikinini (Child) (Amendment) Act and the progress made in the fight against

corruption.

75. Jamaica noted that Papua New Guinea had worked with bilateral partners and

international organizations, including OHCHR, to further commitments undertaken during

its previous universal periodic review. It commended Papua New Guinea for its

commitment to improving the quality of life of its citizens through legislative reform and

targeted programmes.

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76. Japan welcomed the positive contributions of Papua New Guinea to the

improvement of human rights, including the regular holding of the country’s Human Rights

Forum in conjunction with the United Nations, efforts to follow up on the recommendations

from the previous universal periodic review and the formulation of the National Disability

Policy. Japan expressed concern at the serious situation of sexual violence and abuse

against women and children.

77. Kyrgyzstan supported the steps to promote and protect human rights, in particular

the legislative measures, such as adoption of Family Protection Act and the Lukautim

Pikinini (Child) (Amendment) Act, cooperation with human rights special procedures and

the continuation of work to establish institutional frameworks in the country.

78. Malaysia welcomed progress made, including in the areas of administration of

justice, combating domestic violence and the promotion of the rights of persons with

disabilities. It was of the view that further attention should continue to be given to the

empowerment of women, promotion of the right to health and the rights of indigenous

peoples.

79. Maldives commended Papua New Guinea for its efforts at the national level to

address the effects of climate change, including through the Climate Change (Management)

Act 2015 and other initiatives. It welcomed the criminalization of gender-based violence,

the mainstreaming of gender policies, the creation of sexual violence and family support

centres, the repeal of the 1971 Sorcery Act and the National Action Plan against Sorcery-

and Witchcraft-related Violence.

80. Mexico welcomed the adoption of legislation to protect the family and children and

encouraged Papua New Guinea to continue making efforts for its implementation. It also

welcomed the work initiated for the establishment of the national human rights institution

and invited Papua New Guinea to ensure its compliance with the Paris Principles. It further

commended efforts for the creation of a database on persons with disabilities with the

support and cooperation of Australia and Japan.

81. Montenegro commended the commitment of Papua New Guinea to the advancement

and protection of fundamental human rights principles and values. It welcomed the

adoption of the Family Protection Act, which had established the legislative framework to

combat violence against women. It encouraged Papua New Guinea to fully cooperate with

the United Nations treaty bodies, including by regularly submitting initial and periodic

reports.

82. Morocco welcomed efforts of Papua New Guinea since its first review to comply

with the human rights commitments made. It noted with satisfaction the specific attention

paid to policies and programmes, including the adoption of a national development plan, a

plan on access to education for all, making basic health services accessible to all and the

protection of the family and children.

83. Myanmar was pleased to note that Papua New Guinea had ratified six core human

rights treaties, including the Convention on the Rights of Persons with Disabilities. It took

note that Papua New Guinea had adopted the National Disability Policy.

84. Namibia welcomed the reforms of Papua New Guinea to harmonize its domestic

legislation with international human rights instruments, including the adoption of the

Family Protection Act. It also welcomed the National Policy on Child Protection, the

Gender Equity and Social Inclusion Policy and the National Disability Policy. It expressed

concern over reports that the Government intended to start implementing capital

punishment in response to the high level of violence in the country.

12 GE.16-12009

85. The Netherlands appreciated that the Mid-Term Development Plan (2011-2015) had

prioritized a number of key sectors, including primary and secondary education and access

to water and sanitation, and that the Parliament had repealed the Sorcery Act.

86. Canada acknowledged the entry into force of the Family Protection Act in Papua

New Guinea. Recognizing the law as an important tool, Canada encouraged Papua New

Guinea to allocate the necessary resources for its full enforcement.

87. Norway noted that gender equality was one of the most effective drivers of

economic development, fair distribution, peace and democracy. It also observed that the

practice of illegal logging and land-grabbing represented a challenge both to the

environment and the customary rights of landowners.

88. Pakistan welcomed the efforts of the Government to protect human rights. It noted

the adoption of the Family Protection Act, which criminalized domestic violence, the

Lukautim Pikinini (Child) (Amendment) Act and the Action Plan on Trafficking in Persons

to strengthen the capacity of law enforcement agencies and judicial bodies.

89. Panama welcomed the adoption by Papua New Guinea of several policies, plans and

programmes on gender and women’s development, noting the national strategic plan for

2010-2050 and the country’s commitment to implementing the recommendations received

during the first cycle of the universal periodic review.

90. The Philippines welcomed efforts by Papua New Guinea to improve the juvenile

justice system and strengthen child protection. It noted the adverse impact of climate

change on the full enjoyment of human rights and called on the international community to

continue assisting the country as it pursued climate change mitigation.

91. Portugal welcomed the fact that no executions had taken place in Papua New Guinea

since 1954. It commended Papua New Guinea for the adoption of the Family Protection

Act, which criminalized domestic violence.

92. The Republic of Korea commended the progress of Papua New Guinea since the

first universal periodic review. It noted with appreciation the ratification of the Convention

on the Rights of Persons with Disabilities, the issuance of a standing invitation to the

special procedures and the enactment of the Family Protection Act, as well as the repeal of

the Sorcery Act in 2013.

93. Saint Vincent and the Grenadines commended Papua New Guinea for the measures

taken to improve the economic and social development of its people and for launching the

National Small to Medium Enterprises Policy. It noted, in particular, the Government-

funded national women’s bank geared towards women in the informal sector.

94. Sierra Leone noted achievements, including the criminalization of domestic

violence, the amending of the Criminal Code to criminalize acts of trafficking in persons,

the adoption of the Lukautim Pikinini (Child) (Amendment) Act and institutional initiatives

to address violence against women. It also appreciated the leading role of Papua New

Guinea during negotiations on the Paris Agreement.

95. Slovenia commended Papua New Guinea for ratifying the Convention on the Rights

of Persons with Disabilities. In noted that, despite legal and institutional developments to

address violence against women, such as the Gender-based Violence National Strategy

(2015-2050), it remained concerned that such developments did not translate adequately

into practice and thus result in improved lives for women and girls.

96. Spain appreciated legal and institutional initiatives to improve the situation of

women and girls. It welcomed the continued de facto moratorium on the death penalty and

the adoption of measures to improve the living standards of the population.

GE.16-12009 13

97. Sweden welcomed measures adopted since the first universal periodic review,

including the Family Protection Act criminalizing domestic violence, noting that gender-

based violence was a serious problem in Papua New Guinea and that its rates of domestic

and sexual violence remained among the highest in the world. It noted that more than 900

asylum seekers and refugees were being detained indefinitely in detention centres on

Manus Island.

98. Switzerland welcomed progress made, noting that human rights violations remained

numerous. It called on Papua New Guinea to take all measures at its disposal to protect

every individual in the country from such violations. It expressed regret at the lack of

implementation of certain recommendations accepted during the first cycle, including on

ratification of the Convention against Torture.

99. Thailand welcomed the National Health Plan (2011-2020) and appreciated efforts to

promote gender equality. It expressed the hope that the Government would address the

negative impact on human rights of large-scale land acquisitions under the special

agricultural business leases scheme and find equitable and sustainable solutions to that

problem.

100. Timor-Leste commended Papua New Guinea for its National Disability Policy. It

noted with appreciation the establishment of a juvenile justice system focusing on

restorative justice as an alternative to imprisonment. It also highlighted efforts to promote

children’s rights.

101. Turkey commended steps taken to protect human rights through focused institutional

policies and legal instruments, such as the Family Protection Act, the Lukautim Pikinini

(Child) (Amendment) Act and the Gender Equity and Social Inclusion Policy. It also

commended efforts to register all citizens and provide them with a birth certificate.

102. The United Kingdom of Great Britain and Northern Ireland congratulated the

Government for the Family Protection Act and encouraged it to develop a strategy to

prevent and respond to gender-based violence. It welcomed the commitment of Papua New

Guinea to a number of international human rights obligations in the framework of its action

plan and expressed the hope that there would be progress on legislative changes.

103. Brazil acknowledged the actions of Papua New Guinea regarding the fight against

HIV/AIDS, particularly the positive results of the HIV/AIDS Management and Prevention

Act. Brazil appreciated advances regarding the rights of the child, in particular the

Lukautim Pikinini (Child) (Amendment) Act, and the creation of a specialized court and

police unit in that regard. It nonetheless considered that additional steps were needed for the

promotion and protection of human rights in the country.

II. Conclusions and/or recommendations

104. The recommendations formulated during the interactive dialogue/listed below

will be examined by Papua New Guinea, which will provide responses in due time, but

no later than the thirty-third session of the Human Rights Council in September 2016:

104.1 Consider the ratification of all core human rights conventions (Egypt);

104.2 Ratify and implement other international human rights treaties and their

protocols, as previously recommended (Slovenia);

** The conclusions and recommendations have not been edited.

14 GE.16-12009

104.3 Consider ratification of the Second Optional Protocol to the International

Covenant on Civil and Political Rights with a view to abolish the death penalty

(Namibia);

104.4 Ratify the Second Optional Protocol to the International Covenant on Civil

and Political Rights, aiming at the abolition of the death penalty (Montenegro); ratify

the Second Optional Protocol to the International Covenant on Civil and Political

Rights (Portugal);

104.5 Intensify its efforts to ratify the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment (Chile);

104.6 Ratify the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (Czech Republic) (Denmark) (France) (Ghana)

(Guatemala) (Honduras) (Italy) (Timor-Leste) (Montenegro) (Panama) (Portugal)

(Uruguay); accede to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (Turkey);

104.7 Ratify the core international human rights instruments including the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (Sierra Leone);

104.8 Envisage the ratification of treaties and other international instruments

relating to human rights which Papua New Guinea has not done so yet, notably the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (Morocco);

104.9 Continue to strengthen its legal framework through expediting the

ratification of the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment. In this regard, Indonesia together with the core

group of the Convention against Torture Initiative (CTI) stands ready to support

Papua New Guinea in this ratification process (Indonesia);

104.10 Make every possible effort to proceed with the early conclusion of important

international human rights treaties in particular the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Japan);

104.11 Ratify and implement the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment as previously recommended

(Slovenia);

104.12 Ratify the Optional Protocol to the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment (Czech Republic) (Italy)

(Ghana) (Guatemala) (Honduras) (Portugal); accede to the Optional Protocol to the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (Turkey);

104.13 Intensify its efforts to ratify the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Chile);

104.14 Ratify the Optional Protocol to the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment and establish a national

preventive mechanism providing for periodic visits to all places of detention

(Uruguay); ratify the Optional Protocol to the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment to establish a national

preventive mechanism that provides for regular visits to all places of detention

(Panama);

GE.16-12009 15

104.15 Ratify the Optional Protocol to the Convention on the Rights of the Child on

the involvement of children in armed conflict (Guatemala) (Uruguay);

104.16 Ratify the Optional Protocol to the Convention on the Rights of the Child on

the sale of children, child prostitution and child pornography (Guatemala) (Uruguay);

104.17 Consider ratifying the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Philippines);

104.18 Ratify the International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families (Ghana) (Guatemala) (Honduras);

accede to the International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families (Turkey);

104.19 Ratify the core international human rights instruments including the

International Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families (Sierra Leone);

104.20 Ratify the Optional Protocol to the Convention on the Rights of Persons

with Disabilities (Ghana);

104.21 Consider ratifying the Convention on the Elimination of All Forms of

Discrimination against Women (Philippines);

104.22 Intensify its efforts to ratify the Optional Protocol to the Convention on the

Elimination of All Forms of Discrimination against Women (Chile);

104.23 Consider the ratification of the Optional Protocol to the Convention on the

Elimination of All Forms of Discrimination against Women, and other international

instruments to which the country is not a party (Argentina);

104.24 Ratify the Optional Protocol to the Convention on the Elimination of All

Forms of Discrimination against Women (Ghana) (Italy); accede to the Optional

Protocol to the Convention on the Elimination of All Forms of Discrimination against

Women (Turkey);

104.25 Make every possible effort to proceed with the early conclusion of important

international human rights treaties in particular the International Convention for the

Protection of All Persons from Enforced Disappearance (Japan);

104.26 Ratify the International Convention for the Protection of All Persons from

Enforced Disappearance (France) (Ghana); ratify the core international human rights

instruments including the International Convention for the Protection of All Persons

from Enforced Disappearance (Sierra Leone);

104.27 Ratify the Optional Protocol to the International Covenant on Economic,

Social and Cultural Rights (Portugal);

104.28 Considering ratifying the International Labour Organization Convention

No. 189 concerning Decent Work for Domestic Workers (Philippines);

104.29 Ratify the Rome Statue of the International Criminal Court (Czech

Republic) (Honduras) (Switzerland);

104.30 Accede to the Rome Statute of the International Criminal Court, and

cooperate fully with it (Guatemala);

104.31 Continue to strengthen the existing legal framework and deepen measures

aimed at preventing gender-based violence (Argentina);

104.32 End impunity for trafficking by enforcing provisions in the Criminal Code

Amendment of 2013 (United States of America);

16 GE.16-12009

104.33 Define torture as a serious offence, punishable by sanctions commensurate

with the gravity of the torture, and ensure that no statement obtained by torture is

invoked as evidence in any proceedings (Uruguay);

104.34 Include penalization of sexual harassment in its national legislation

(Portugal);

104.35 Take without further delay all necessary steps to establish an independent

national human rights institution in accordance with the Paris Principles and return

support to the Ombudsman Commission (New Zealand);

104.36 Take action to progress its commitment to establish a National Human

Rights Institution in accordance with the Paris Principles (Australia);

104.37 Take all the necessary measures for the prompt establishment of an

independent national human rights institution in accordance with the Paris Principles

(France);

104.38 Establish an independent National Human Rights Institution in accordance

with the Paris Principles (Egypt);

104.39 Establish and support a national human rights institution in conformity

with the Paris Principles (Honduras);

104.40 Continue efforts to establish an independent National Human Rights

Institutions (NHRI) in accordance with the Paris Principles (Indonesia);

104.41 Complete the process of establishment of a national human rights institution

(Kyrgyzstan);

104.42 Finalize the establishment of a national human rights institution, that is

independent and empowered to provide national leadership and monitoring of the

domestic human rights situation (Maldives);

104.43 Take action to establish a National Human Rights Institution, in accordance

with the Paris Principles (Netherlands);

104.44 Establish promptly a national human rights institution, in full compliance

with the Paris Principles (Portugal);

104.45 Step up the process of establishment of the country’s national human rights

institution that is compliant with the Paris Principles (Philippines);

104.46 Establish the National Human Rights Institution as endorsed by the

National Executive Council in 1997, and recommended in the universal periodic

review in 2011 (United Kingdom of Great Britain and Northern Ireland);

104.47 Continue and enhance efforts to establish its National Human Rights

Commission, with a view to completing and strengthening the country’s legal and

institutional framework related to human rights (Brazil);

104.48 Provide the Ombudsman Commission with the resources necessary to freely

and effectively combat government corruption and police abuses (United States of

America);

104.49 Continue efforts to strengthen protection mechanisms, including

considering the establishment of victim and witness protection agency (Indonesia);

104.50 Continue to strengthen its programmes and policies in the area of economic,

social and cultural rights, in order to increase the quality of life of its people, in

particular the most vulnerable sectors of the population (Bolivarian Republic of

Venezuela);

GE.16-12009 17

104.51 Reinforce policies that favour access to education for rural population (Holy

See);

104.52 Continue to strengthen the programmes for gender equity and social

inclusion of women (Chile);

104.53 Implement the national strategy to prevent and respond to gender based

violence (China);

104.54 Create social programmes to assist children engaged in the worst forms of

child labor, particularly in commercial sexual exploitation (United States of America);

104.55 Adopt an approach based on respect for traditional societal norms as the

basis for human rights education and sensitization (Jamaica);

104.56 Increase efforts to submit pending reports to the Committee on the

Elimination of Racial Discrimination (Uruguay);

104.57 Strengthen its internal human rights capacity and mechanisms to ensure

timely cooperation with treaty bodies, in particular fulfilling its reporting obligations

under treaty bodies (Czech Republic);

104.58 Develop a core common document which serves to implement specific

measures to ensure compliance with its reporting obligations to human rights treaty

bodies (Panama);

104.59 Fulfil its reporting obligations under treaty bodies (Turkey);

104.60 Submit its overdue reports to the Human Rights Committee, the Committee

on Economic, Social and Cultural Rights, the Committee on the Rights of the Child;

the Committee on the Rights of Persons with Disabilities; and the Committee on the

Elimination of Discrimination against Women (Sierra Leone);

104.61 Amend the Constitution so as to define and explicitly prohibit

discrimination (Spain);

104.62 Launch a comprehensive awareness-raising campaign to educate and

change societal attitude, particularly those that place women in a lower status than

men (Slovenia);

104.63 Repeal any remaining laws and regulations that discriminate against women

and girls, and to ensure that these laws are in compliance with human rights

obligations and commitments (Norway);

104.64 Repeal remaining laws and regulations that discriminate against women

and girls or amend them in line with international human rights standards

(Netherlands);

104.65 Continue and intensify measures to improve gender equality in the country

(Cuba);

104.66 Adopt a quota system or any other type of temporary measure for women to

guarantee equal rights between men and women (Spain);

104.67 Continue to improve the representation of women in Parliament at both

national and local levels (New Zealand);

104.68 Take active measures to ensure full and effective participation of women at

all levels of public and political life (Namibia);

104.69 Strengthen relevant provisions for the promotion of women’s rights, notably

for their participation in political life (Morocco);

18 GE.16-12009

104.70 Facilitate access to girls and boys to schools, particularly in rural areas

(Mexico);

104.71 Continue to put in place policies and programmes aimed at eliminating all

discrimination against women and achieving gender equality, including active

promotion of higher education for women and improving the number of women

holding decision-making positions in public and private sectors (Malaysia);

104.72 Launch awareness-raising campaigns focusing on women’s rights (Timor-

Leste);

104.73 Continue initiatives such as the National Women’s Bank which have given

women income earning opportunities and access to banking services (Saint Vincent

and the Grenadines);

104.74 Improve further the registration system and support it by awareness-raising

activities, in order to sustain the rise in registration numbers (Turkey);

104.75 Decriminalize sexual relations between consenting adults of the same sex

and amend national legislation to include sexual orientation and gender as prohibited

grounds for discrimination (New Zealand);

104.76 Take measures to prevent violence and discrimination against persons on

the basis of their sexual orientation and gender identity (Chile);

104.77 Take all the necessary measures to decriminalize sexual relations between

consenting same-sex adults and take additional measures to combat discrimination

and violence against lesbian, gay, bisexual and transgender persons (France);

104.78 Decriminalize all same-sex relations between consenting adults by repealing

all relevant provisions of the Criminal Code (Slovenia);

104.79 Decriminalize sexual relations between consenting adults of the same sex

and amend national legislation to include sexual orientation as prohibited grounds for

discrimination (Sweden);

104.80 Confirm the non-resumption of executions and the de facto moratorium on

the death penalty, and to take all the necessary measures for the final de jure abolition

of the death penalty (France);

104.81 Repeal all provisions in domestic law allowing for the death penalty and

establish an official moratorium on executions with a view to abolishing the death

penalty (New Zealand);

104.82 Repeal the death penalty and ratify the Second Optional Protocol to

International Covenant on Civil and Political Rights, aiming at the abolition of the

death penalty (Panama);

104.83 Repeal all provisions in domestic law allowing for the death penalty, and to

establish an official moratorium on executions with a view to abolishing the death

penalty (Norway);

104.84 Step up the efforts to abolish death penalty (Philippines);

104.85 Abolish the death penalty and establish a moratorium on executions as a

first step towards abolition of the death penalty (Portugal);

104.86 Abolish the death penalty by means of the ratification of the Second

Optional Protocol to the International Covenant on Civil and Political Rights (Spain);

104.87 Maintain its moratorium on death sentences and take the necessary steps

for the abolishment of the death penalty, including the ratification of the Second

GE.16-12009 19

Optional Protocol to the International Covenant on Civil and Political Rights

(Turkey);

104.88 Commute all death sentences to terms of imprisonment (Norway);

104.89 Establish a formal moratorium on the death penalty with a view to ratifying

the Second Optional Protocol to the International Covenant on Civil and Political

Rights (Australia);

104.90 Maintain the moratorium on the use of the death penalty, with a view to

abolishing it (Holy See);

104.91 Maintain the moratorium on capital executions and to consider the full

abolition of the death penalty (Italy);

104.92 Ensure that conditions of detention are in conformity with United Nations

Standard Minimum Rules for the Treatment of Prisoners (Canada);

104.93 Undertake effective measures to combat poor detention conditions

(Algeria);

104.94 Take further measures and strengthen its legislation to prevent and punish

all forms of violence against women and girls (Turkey);

104.95 Put in place a comprehensive political strategy and develop specific

legislation aimed at eliminating violence and discrimination against women, in

accordance with the Convention on the Eliminations of All Forms of Discrimination

against Women (Brazil);

104.96 Step up efforts for the implementation of an appropriate legal framework

for the protection of women and girls from all forms of gender-based violence

(Honduras);

104.97 Enact further measures in order to address gender-based violence and

achieve gender equality, including by increasing participation of women in decision-

making (Slovenia);

104.98 Take additional measures to fight effectively against discrimination and

violence against women (France);

104.99 Implement the Family Protection Act and finalize the Family and Sexual

Violence Strategy without delay (Australia);

104.100 Implement fully and rapidly the Family Protection Act of 2013 in order to

reduce domestic violence effectively (Switzerland);

104.101 Fully enforce the 2013 Family Protection Act, which criminalizes domestic

and sexual violence and gives the police the power to arrest and prosecute

perpetrators, as a matter of priority (Republic of Korea);

104.102 Promptly follow-up on the recommendations of the Special Rapporteur on

violence against women and ensure early enforcement of the Family Protection Act

(Japan);

104.103 Take a holistic and effective approach to tackle gender-based violence,

including by strengthening accountability mechanisms; raising awareness on gender-

based violence, in particular, violence related to sorcery accusations; and allocating

sufficient budget to support relevant programmes (Republic of Korea);

104.104 Take concrete measures to protect women, who remain marginalized,

discriminated against and at the high risk of being subjected to violence (Pakistan);

20 GE.16-12009

104.105 Take additional measures to achieve the gender equality, including specific

measures to eliminate domestic and sexual violence (Kyrgyzstan);

104.106 Increase human and financial investments to support effective

implementation of National Policies for Women and Gender Equality and Child

Protection (Kyrgyzstan);

104.107 Fully implement the Family Protection Act (Norway);

104.108 Intensify its efforts to combat domestic violence by effectively implementing

its laws, particularly the Family Protection Act (2013), improving access to justice,

providing adequate support for victims and raising awareness of women’s rights

(Thailand);

104.109 Strengthen the measures and norms necessary for the full implementation

of the Law on the Protection of the Family, explicitly sanctioning the corporal

punishment of children (Chile);

104.110 Focus on eliminating violence and creating safe places for victims of gender-

based, sorcery related, and sexual violence (New Zealand);

104.111 Strengthen efforts to effectively implement and enforce the Family

Protection Act and other measures against domestic violence and initiate an

awareness-raising campaign against this form of violence (Czech Republic);

104.112 Ensure the effective implementation of the Family Protection Act including

through investigations and prosecutions of perpetrators of violence against women

(Ghana);

104.113 Implement the Sorcery and Witchcraft Accusation National Action Plan

without delay (Australia);

104.114 Implement the National Action Plan to address violence related to

accusations of sorcery, including by ensuring adequate funding (Germany);

104.115 Adopt measures that all cases of violence against women, including sorcery-

related and sexual violence are duly investigated and the perpetrators prosecuted and

punished, and to ensure a wide availability of assistance and protection programmes

for the victims (Czech Republic);

104.116 Continue to take steps to implement the Family Protection Act 2013 by

training police officers and judges on its provisions (Fiji);

104.117 Take all measures necessary to implement and effectively enforce the

Family Protection Act, and strengthen the efforts to protect women and children from

violence, in the families as well as when within the hands of the governments

institutions (Germany);

104.118 Consider, in partnership with civil society and women’s groups, a better

access to support centres, psycho-social and legal services, as well as other services for

victims of domestic violence, including in rural areas (Haiti);

104.119 Reduce violence among schoolchildren, combining targeted research with

social and community activism (Haiti);

104.120 Continue with its efforts to combat violence against women and children,

especially domestic violence and violence related to accusations of sorcery (Holy See);

104.121 Further combat gender-based violence and violence linked with sorcery by

strengthening, in partnership with civil society and relevant United Nations entities,

the mechanism of application of the principle of responsibility (Haiti);

GE.16-12009 21

104.122 Implement the recommendations of the Special Rapporteur on violence

against women, particularly those pertaining to domestic violence and violence related

to sorcery accusations; take all necessary steps to fully implement the Sorcery

National Action Plan; ensure the investigation of incidents of sorcery related violence

and prosecution of alleged perpetrators; and provide adequate shelter, psycho-social,

legal and other services for survivors of gender-based violence, including in rural

areas (Ireland);

104.123 Reinforce the legal framework for the prevention of violence against

women, including by running a national awareness campaign, by creating safe places

for victims of gender-based violence, and by ensuring that cases of domestic violence

and sorcery-related violence, are comprehensively investigated and prosecuted (Italy);

104.124 Ensure access to adequate shelter, psychosocial, legal, and health-care

services for survivors of domestic violence, including in rural areas (Canada);

104.125 Continue efforts undertaken in the promotion of the rights of the Child and,

in this regard, to encourage to ratify the two Optional Protocols to the Convention of

the Rights of the Child (France);

104.126 Repeal article 278 of the Criminal Code and prohibit corporal punishment

in all settings including the home; and improve the accessibility and resourcing of

education to all communities, especially those located in remote areas (Ireland);

104.127 Work closely with the Autonomous Government of Bougainville to secure a

transitional justice process without human rights violations (United Kingdom of Great

Britain and Northern Ireland);

104.128 Investigate all complaints of torture and other ill-treatment, extrajudicial

killings, and sexual violence committed by the security forces and bring those

responsible to justice (Germany);

104.129 Step up its efforts to strengthen the capacity of the police in terms of both

number of officers and quality of duty performed, with a view to preventing and

eliminating abuses, corruption and excessive use of force by police officers (Republic

of Korea);

104.130 Thoroughly investigate allegations of excessive use of force by police

officers, and in this vein, ensure that law enforcement officials have the appropriate

human rights training (Sierra Leone);

104.131 Carry out impartial and independent investigations of all allegations of

excessive use of force and violations carried out by representatives of the security

forces, in particular in cases related to communal land rights, and bring perpetrators

of such violations to justice (Switzerland);

104.132 Implement fully the Family Protection Act from 2013, to ensure that police

and prosecutors treat gender-based violence, including within the family, as criminal

matters, and to adopt a comprehensive national action plan to combat sexual and

gender-based violence, including raising general awareness through education and

training, develop official and credible statistics, and ensuring access to justice for

victims (Sweden);

104.133 Ensure that the Family Protection Act is implemented, including by

establishing clear policies requiring authorities in all regions to investigate fully cases

of family violence and violent attacks against persons alleged to be sorcerers, and by

ensuring that perpetrators are brought to justice (Canada);

22 GE.16-12009

104.134 Take steps to investigate all reports of gender-based violence, including

accusations of sorcery, that perpetrators are brought to justice in fair trials, and that

victims receive reparation and are given access to healthcare and other relevant

services (Norway);

104.135 As part of ongoing justice reform, elaborate use of force provisions that

include accountability for private security firms (Jamaica);

104.136 Fully investigate all complaints of violence perpetrated or facilitated by the

security forces, and ensure that suspects are brought before the Courts in a timely

manner (New Zealand);

104.137 Implement the Supreme Court’s decision without undue delay and in

accordance with the primacy of the human rights of those detained, as guaranteed

under the Constitution of Papua New Guinea (Fiji);

104.138 Continue to provide human rights training to law enforcement officials and

ensure accountability of those who commit human rights violations and criminal

offenses (Malaysia);

104.139 Train public servants in the human rights responsibilities and obligations of

Governing structures (Maldives);

104.140 Improve access to drinking water and sanitation in rural areas and urban

settlements as well as in key areas such as schools in order to bring about the

realization of the right to drinking water and the right to sanitation (Spain);

104.141 Improve health care and reduce infant and young child mortality (China);

104.142 Continue the scaled up efforts in all parts of the country to address and

contain HIV/AIDS which has been one of the leading causes of morbidity and

mortality (Saint Vincent and the Grenadines);

104.143 Make a concerted effort to treat higher percentage of persons living with

HIV, building on its existing success and with appropriate assistance from

international and regional partners (Jamaica);

104.144 Provide access to basic services such as health, education and justice to

populations living in remote areas (Pakistan);

104.145 Effectively implement as soon as possible the promising and necessary law

on mental health of 2015 (Spain);

104.146 Continue to improve access to health care and raise awareness of

reproductive health for women, children, youth, as well as migrants and asylum

seekers in order to decrease maternal, child and infant mortality (Thailand);

104.147 Step up efforts to improve literacy rates among its population, focusing on

women and girls, notably in the rural area (Haiti);

104.148 Implement effective measures to reduce the discrimination against women,

including access to health, education, social welfare, justice and administrative

services (Honduras);

104.149 Continue its efforts to achieve its goals of universal education, gender

empowerment and free education (Pakistan);

104.150 Take practical steps to implement fully the Convention on the Rights of

Persons with Disabilities at both the federal and state levels to ensure that persons

with disabilities enjoy equal rights and opportunities in Papua New Guinea, including

by creating a database to guide policy planning and provision of services (Canada);

GE.16-12009 23

104.151 Further strengthen the national endeavours in promoting and protecting the

rights of persons with disabilities in line with the Convention on the Rights of Persons

with Disabilities (Myanmar);

104.152 Take measures to guarantee full respect of human rights to indigenous

peoples, in particular through the establishment of mechanisms for their prior and

informed consent on issues that affect them (Mexico);

104.153 Review the state policy that affects indigenous lands, known as the “Plan of

Agricultural and Industrial Leases” regarding non-indigenous companies, reinforcing

the work of the Commission of Inquiry that has found irregularities in many of the

leases investigated (Chile);

104.154 Take appropriate measures to prevent land grabbing and illegal logging and

ensure that future actions are based on a respect for fundamental human rights and

environmental protection (Norway);

104.155 Take more effective measures to guarantee that large-scale projects respect

environmental standards (Algeria);

104.156 Continue to take into account, in the implementation of Vision 2050 and

other development plans, the improvement, conservation and protection of the

environment (Cuba);

104.157 Implement the accepted recommendations from the first universal periodic

review of increasing the oversight of extracting and logging industries as well as

related enterprises and businesses, with a view to mitigating the adverse human rights

effects on affected populations and reducing its negative impact in the environment

establishing more rigorous and transparent measures (Guatemala);

104.158 Dedicate more resources to ensuring access to basic facilities to indigenous

peoples including clean water, healthcare and education (Malaysia);

104.159 Review legal provisions relating to the detention of migrants and asylum

seekers with a view to guaranteeing the protection and promotion of their human

rights, and the strict compliance with applicable international norms (Mexico);

104.160 Continue efforts to address cross border issues, including by strengthening

the work of Indonesia — PNG Joint Border Committee, based on mutual respect

(Indonesia);

104.161 Take promptly effective measures to safeguard the human rights of refugees

and asylum seekers in Papua New Guinea and end indefinite mandatory detention of

asylum seekers (Sweden).

105. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

24 GE.16-12009

Annex

Composition of the delegation

The delegation of Papua New Guinea was headed by S.E. Mr. Fred Sarufa, Chargé

d’Affaires, Permanent Mission of Papua New Guinea to the United Nations and composed

of the following members:

• Mr. Patrick Niebo, Head of Human Rights and Discrimination, Ombudsman

Commission;

• Ms. Blanche Vitata, Principal Legal Officer, Department of Justice and Attorney

General;

• Ms. Farapo Korere, Senior Foreign Service Officer, International organization

Branch, Department of Foreign Affairs.