Papua_New_Guinea
Flag of Papua_New_Guinea
Population (in Mil.)	7.01
Gross Domestic Product (In USD Billions - WB)	12.94
Sex Ratio (m/f)	1.06
Life Expectancy Ratio (f/m)	1.073
Fertility Rate	3.46
Income Ratio (f/m)	0.74
Literacy Ratio (f/m)	0.86
Tertiary Enrolment Ratio (f/m)	0.56
Women in Parliament (in %)	0.9
INDICES
Human Development Index	153/169
Social Institutions and Gender Index	- /86
Gender Inequality Index	133/138
Gender Equity Index	- /157
Women’s Economic Opportunity Index	- /113
Global Gender Gap Index	- /134
More information on variables

Social Institutions

Papua New Guinea (PNG) gained political independence from Australia in 1975.^[1] PNG is a country with an extremely diverse socio-cultural profile. It is estimated that more than a thousand different cultural groups exist with most having their own language.^[2] A nine-year secessionist revolt on the island of Bougainville ended in 1997 after claiming some 20,000 lives. While the province of Bougainville remains politically a part of Papua New Guinea, geographically and culturally, it is part of Solomon Islands. In 2001, a Peace Agreement was signed giving Bougainville special status as a province with the right to establish an autonomous administration to manage its own affairs.^[3] PNG faces a number of challenges as a country including a high rate of HIV/AIDS infection and chronic law and order issues.^[4] PNG’s Millennium Development Goals (MDGs) Report 2004 indicates that not only is the country unable to meet MDG targets, but it may not be able to even meet its own targets which are already set below international MDG targets.^[5] The World Bank classifies PNG as a lower middle income country.^[6]

Women in Papua New Guinea lag behind men on across all indicators of gender equality, including education, economic opportunity, political empowerment and health.^[7] Women generally suffer from excessive workloads, mal-nutrition, poor access to safe water and healthcare services, excessively repeated pregnancies, and high levels of gender-based violence.^[8] Discriminatory practices such as polygamy, early marriage and ‘witch hunts’, based on custom, continue to perpetuate gender inequality in the family, particularly in rural areas.^[9] Gender inequalities are very much ingrained into the social and cultural institutions of the country. For example, in 2009 the government reported of the notion of ‘Big Man’ leadership which is embedded in the culture, signalling a system of control associated with masculinity and physical strength, with leaders expected to be men.^[10] With respect to the country’s HIV/AIDS infection, girls and women are more vulnerable to HIV/AIDS and this pattern in the infection is linked to their unequal status.^[11] The Basic Rights section of the Constitution of PNG guarantees fundamental rights and freedoms of the individual “whatever their race, tribe, places of origin, political opinion, colour, creed or sex...”^[12] PNG ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women in 1995. In 2011, the Human Development Index for Papua New Guinea was 0.466, placing the country at 153 out of 187 countries.^[13] For the Gender Inequality Index Papua New Guinea received a score of 0.674, placing the country at 140 out of 146 countries with data.^[14]

Discriminatory Family Code

The Marriage Act of 1963, which came into force in 1965, created a dual system of marriage in Papua New Guinea: customary marriage and statutory marriage. Section 3 of the Marriage Act states “a native, other than a native who is party to a subsisting [statutory] marriage. . . can enter. . .into a customary marriage in accordance with the custom prevailing in the tribe or group to which the parties to the marriage or either of them belong or belongs.” There is no “proof” required for customary marriage beyond compliance with custom.^[15] Should a dispute arise, the question of what constitutes the custom of the parties is a matter of fact to be determined by a court. Customary marriages are forbidden where the woman objects to the marriage or purported marriage and excessive pressure has been brought to bear to persuade her to enter into the marriage; or in the circumstances it would be a hardship to compel her to conform to custom. Any person who contravenes this is guilty of an offence and can be fined and/or imprisoned for a term not exceeding six months, or both.^[16] Under statutory law, the minimum age for marriage is 18 for males and 16 for females.

There is no set minimum age for customary marriages as this is dictated by physical maturity rather than chronological age.^[17] The government reported in 2009 of girls as young as 13 and 14 entering into marriages arranged by parents, other family members, or village chiefs on behalf of the families.^[18] ‘Bride-price’ which is an exchange of wealth between the groom’s lineage and the bride’s, continues to be practiced widely in PNG, particularly in the Highlands and Papuan Coastal societies.^[19] The payment is seen as a major contributor to domestic violence.^[20]

The United Nations reports, based on 1996 data that 21% of girls between 15 and 19 years of age were married, divorced or widowed. In 1980, 13% of girls aged between 15 and 19 were married, divorced or widowed which indicates that societal acceptance of early marriage has increased in recent decade.^[21] UNICEF reports that early marriage is more common in rural areas, compared to urban areas on PNG.^[22]

In PNG a man can marry more than one wife.^[23] The government reported in 2009 that in most PNG societies, polygamy functions to enlarge a man’s access to productive resources— i.e., more gardens, pigs and, children—as well as to satisfy his sexual needs during pregnancy and post-partum abstinence. The right of men to have several wives has become distorted in the cash economy, where men take on other wives and girlfriends without supporting them all. Many husbands have more than one partner, but if a wife challenges this arrangement, she faces the risk of being beaten.^[24] The government reported that in areas where polygamy was customary, an increasing number of women were being charged with murdering one of their husband’s other wives.^[25] There are also concerns that the practice of polygamy is contributing to the spread of HIV/AIDS.^[26] The law in Papua New Guinea grants parental authority to both spouses, who share responsibilities towards their children. However, the position of the father as the head of the family is deeply embedded in the complex system of family relationship.^[27] Women’s rights in marriage are limited because of the lack of laws to validate and regulate customary marriages. Divorce in PNG is based on fault based criteria including adultery, desertion and cruelty. Women also face discrimination in proving fault, particularly cruelty and adultery if they choose not to be witnesses or they do not wish to attend court proceedings.^[28] PNG has adopted the ‘best interests of the child’ as the paramount consideration in custody disputes after separation and divorce. However, a lack of economic independence or an inability to gain custody of their children upon separation forces many women to stay in violent or difficult relationships.^[29] Although national legislation does guarantee equality to men and women in inheritance, it does not apply to customary land for which inheritance is based instead on patrilineal lines and can discriminate against women.^[30] Approximately 90% of the country’s land is under customary ownership, where men make most of the decisions on land usage. There are some communities where land is inherited through the maternal line, but even there, most of the decisions regarding land usage are made by males in the family.^[31]

Restricted Physical Integrity

The Criminal Code, amended in 2003, prohibits rape including spousal rape. The same law prohibits sexual harassment and child sexual exploitation.^[32] There is no legislation that specifically criminalises domestic violence so cases of domestic violence fall under the Criminal Code. However, this means that that there is no distinction made in the law between violence that occurs in general life and violence that occurs in the family.^[33]

Although there is limited recent data on violence against women in PNG, it is reported to be serious and prevalent. Data collected by the Law Reform Commission in the 1980s found that on average two thirds of women had been hit by their partners.^[34] Amnesty International reports based on anecdotal evidence that domestic violence is unlikely to have decreased in recent decades, with some women’s groups reporting that such violence has in fact increased.^[35] With respect to sexual violence, the most commonly cited data is from 1993 which found that 55% of women reported that had experienced forced sex, mostly by known perpetrators. Half of the married women involved in the survey said that their husbands had used beatings or threats to force them into sex. Men who participated in the same study described gang rapes as a common practice and approximately 60% of men interviewed indicated they had participated in rape of this sort before.^[36] There have also been reports of widespread rapes associated toconflict in Bougainville.^[37]

Amnesty International also reports that sexual abuse of women by police is a serious problem in PNG.^[38] The United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has also raised concerns about sexual abuse of women in custody where arresting officers demanded sex in exchange for release for custody or where women were arrested for minor offences with the intention of sexually abusing them.^[39] Amnesty International reports that perpetrators of these crimes enjoy a culture of impunity, with only a small number of police being charged and prosecuted.^[40]

Brutal violence against women accused of sorcery is also reported to be a serious problem in PNG. Amnesty International reports that there were more than 50 cases of sorcery related deaths in 2008. In Jul7 2009, three elderly women accused of sorcery were killed (one was burnt alive, the other two stoned to death). In a widely-reported case in January 2009, a young girl was burnt alive in front of witnesses at a rubbish dump, allegedly for being a witch and, according to some reports, for spreading HIV. Women are six times more likely to be accused of sorcery than men, according to the PNG authorities.^[41]

A key factor contributing to the high levels of violence against women is the normalisation of these acts in the community. Discriminatory practices such as polygamy and bride price reinforce the notion that women are men’s property, thus providing an excuse for violence.^[42] Women do not report violence due to shame or fear of further violence. Further, police do not property investigate or prosecute these crimes, based on the idea that violence against women is a ‘private’ matter.^[43] Village courts offer no protection to beaten wives and treat rape as a matter for compensation to the victim’s male relatives.^[44] There is also a lack of adequate support services, such as emergency accommodation, for women who experience violence.^[45] Female genital mutilation is reportedly not a general practice in Papua New Guinea. Limitations on women’s reproductive rights also infringe upon women’s physical integrity in PNG. The performance of abortions is generally illegal.^[46] A person who unlawfully administers any means to a woman with intent to procure her miscarriage is subject to up to fourteen years’ imprisonment. However, the law allows an abortion to be performed to save the life of a pregnant woman.^[47] This includes preservation of the physical and mental health of the pregnant woman. Abortion in Papua New Guinea is also regulated to some extent by customary law. In some parts of the country, abortion may not be regarded as wrong if the mother is unmarried or if the pregnancy is a result of an adulterous or incestuous relationship. Induced abortion is practised in most of Papua New Guinea. It frequently has been done by such methods as ingestion of plant substances, binding of the abdomen and heavy massage.^[48] In 2009, the government reported that around 20% of women were using modern contraception and PNG had one of the highest global rates of maternal mortality with a figure of 930 per 100,000 births.^[49] Factors contributing to the low level of use of contraception include: myths and misconceptions, low quality of family planning services (especially, chronic non-availability of contraceptive commodities), low status of women in the family and non-involvement of men (the main decision makers) in family planning matters.^[50]

Son Bias

The government of PNG reports that since sons are considered future heads of families, the position of sons and male children in the family is more valued.^[51] Many communities regard education to be more important for boys than girls, partly because girls cease to be regarded as a resource for family and clan once married.^[52] Accordingly, UNICEF data shows that there remains a gender gap in terms of primary school enrolments.^[53]

UNICEF reports that PNG has very high numbers of men to women at every age group. There are almost 331,000 boys aged 10 to 14, and only 290,000 girls in the same age category.^[54] UNICEF reports that an explanation for the sex ratio could be deliberate infanticide or “infanticide by neglect”, based on discriminatory attitudes towards daughters.^[55]

The Central Intelligence Agency reports that PNG has a male/female sex ratio for the total population of 1.05 in 2012.^[56] Analysis of sex ratios across age groups provides substantial evidence that PNG is a country of concern in relation to missing women.

Restricted Resources and Entitlements

Women’s access to land is limited by customary law that determines ownership of about 90% of land. Men determine most (if not all) decisions pertaining to land use.^[57] When the land is acknowledged as belonging to a specific group of people, males are usually the ones who are consulted, are the signatories to any legal documents and often are the ones who benefit from changes in inheritance. This is also the case in matrilineal systems where men gain a permanent right over land and then bequeath it patrilineally to their children, a practice that has no precedent in custom. In patrilineal systems women are often entirely excluded from owning registered land.^[58] With respect to property other than land, the government reports that women also have a right to administer property without interference or male consent, regardless of whether they acquire it during marriage, bring it into a marriage or are unmarried.^[59] However, in practice women in PNG do not enjoy equality in relation to the ownership, administration, enjoyment and disposition of property since land tenure is based on custom leaving men in control of many aspects of land and property.^[60] There is no legislative barrier to women in PNG from accessing such credit or bank loans, however discrimination continues to create barriers for women. Most women do not have control or ownership of land or other substantial resources which banks generally require as collateral for loans.^[61] However, women’s participation in the micro-finance sector is high and they are more likely than men to translate their loans into benefits for their families.^[62]

Restricted Civil Liberties

There are no legal restrictions on women’s access to public space in PNG.^[63] However, as described in the Physical Integrity section, the threat of extreme forms of violence and the culture of impunity for perpetrators poses a significant threat to women’s access to public space. Despite women’s having an equal right to political participation in PNG, there has been little progress in this important area of gender equality. In 2009, there was only one woman in the 109-seat Parliament who was the only female holding a Cabinet position, serving as the Minister for Community Development. There is one female National Court Judge and no female provincial governors.^[64] One factor limited women’s equal participation in political and public life is the ‘big man’ leadership system which is strongly associated with masculinity, strength, power and wealth and therefore leaders are expected to be men.^[65]

Closely related to the lack of visibility of women in leadership and public life is the notion of ‘big man’ leadership. The ‘big man’ leadership system is commonly founded upon the model of ‘Warrior, Feast Giver and Priest’ roles.^[66] Big man leaders proved themselves as leaders through distribution of wealth and a caring attitude towards their people. The ‘big man’ leadership system is strongly associated with masculinity, strength, power and wealth and therefore leaders are expected to be men. Even in matrilineal societies, there is a dominance of men who do esteem women and include their views in decision-making, yet ultimately hold the power. In Bougainville, for example, men who ran the modern institutions overlooked women’s contributions to the peace process and domestic and local economies. Men in matrilineal societies are patriarchal in their ways because they are still leaders, so while descent and the custody of land is traced through women, the right to rule still remains the prerogative of the men.^[67] Women’s civil liberties in the field of employment are restricted by the absence of anti-discrimination provision in employment law and legislation that prohibits women from working at night in mines and from engaging in heavy labour. In the area of maternity leave, the public service entitles female civil servants to 12 weeks of maternity leave of which 6 are on full pay. The private sector also provides 12 weeks leave but it is unpaid.^[68]

References

1. ↑ CEDAW (2009) PNG State Report (combined initial second and third) submitted to the CEDAW Committee May 2009 for consideration by the Committee at its 46th Session, available at http://www2.ohchr.org/english/bodies/cedaw/cedaws46.htm, accessed 19 March 2012 p.12
2. ↑ Reference 1 p.11
3. ↑ Reference 1 P.101
4. ↑ Central Intelligence Agency (2011) The World Fact Book: Papua New Guinea, available at https://www.cia.gov/library/publications/the-world-factbook/geos/pp.html, accessed 19 February 2011.
5. ↑ CEDAW (2009) PNG State Report (combined initial second and third) submitted to the CEDAW Committee May 2009 for consideration by the Committee at its 46th Session, available at http://www2.ohchr.org/english/bodies/cedaw/cedaws46.htm, accessed 19 March 2012
6. ↑ World Bank (n.d.) Online data: Papua New Guinea, available at http://data.worldbank.org/country/papua-new-guinea, accessed at 19 February 2011
7. ↑ Japan International Cooperation Agency (JICA) (2010) Country Gender Profile: Papua New Guinea, available at http://www.jica.go.jp/activities/issues/gender/pdf/e09png.pdf, accessed 19 February 2011
8. ↑ Reference 7 p.ii
9. ↑ Reference 7 p.ii
10. ↑ Reference 1 P.11
11. ↑ Reference 1 P.19
12. ↑ Reference 1 P.21
13. ↑ United Nations Development Programme (2011) Human Development Report 2011, available at http://hdr.undp.org/en/media/HDR_2011_EN_Complete.pdf, accessed 29 February 2012. p.129
14. ↑ Reference 13 p.141
15. ↑ Reference 1 P.91
16. ↑ Reference 5
17. ↑ Reference 1 p.92
18. ↑ Reference 1 P.92
19. ↑ Reference 1 P.49
20. ↑ Reference 7 p.7
21. ↑ United Nations Department of Economic and Social Affairs, Population Division (2008) World Marriage Data 2008, available at http://www.un.org/esa/population/publications/WMD2008/Main.html, accessed 10 October 2010.
22. ↑ UNICEF (2006) Development Programming and the Well-being of the Girl Child: Report to Accelerate Human Rights-based Approach to Development Programming in Papua New Guinea, available at http://www.unicef.org/eapro/Dev_programming_girl_child.pdf, accessed 19 February 2011.
23. ↑ Reference 22 p.15
24. ↑ Reference 1 P.50
25. ↑ Reference 1 P.96
26. ↑ Reference 7 P.7
27. ↑ Reference 1 P.49
28. ↑ Reference 1 P.92
29. ↑ Reference 1 P.97
30. ↑ Reference 1 P.95
31. ↑ Reference 7 P.23
32. ↑ Reference 7 P.6
33. ↑ Amnesty International (2009) Papua New Guinea: Briefing to the Committee on the Elimination of Discrimination against Women, available at http://www2.ohchr.org/english/bodies/cedaw/cedaws46.htm, accessed 19 February 2011.
34. ↑ Reference 33
35. ↑ Reference 33
36. ↑ Reference 33
37. ↑ Reference 1 p.104
38. ↑ Amnesty International (2010) Papua New Guinea: Update to the Committee on the Elimination of Discrimination against Women (the CEDAW), Violence Against Women, available at http://www2.ohchr.org/english/bodies/cedaw/cedaws46.htm, accessed 19 February 2011.
39. ↑ Reference 38
40. ↑ Reference 38
41. ↑ Reference 38
42. ↑ Reference 38
43. ↑ Reference 38
44. ↑ Reference 1 p.80
45. ↑ Reference 38
46. ↑ United Nations Population Division (2007)
47. ↑ Reference 46
48. ↑ Reference 46
49. ↑ Reference 1 P.16
50. ↑ Reference 7 P.21
51. ↑ Reference 1 P.47
52. ↑ Reference 1 p.66
53. ↑ UNICEF (n.d.) At a glance: Papua New Guinea, available at http://www.unicef.org/infobycountry/papuang_statistics.html#67, accessed 19 February 2011
54. ↑ UNICEF (2006) Development Programming and the Well-being of the Girl Child: Report to Accelerate Human Rights-based Approach to Development Programming in Papua New Guinea, available at http://www.unicef.org/eapro/Dev_programming_girl_child.pdf, accessed 19 February 2011. p.7
55. ↑ Reference 54 p.7
56. ↑ Central Intelligence Agency (2012) The World Fact Book: Sex Ratio, available at https://www.cia.gov/library/publications/the-world-factbook/fields/2018.html, accessed 29 February 2012.
57. ↑ Reference 1 P.87
58. ↑ Reference 1 P.87
59. ↑ Reference 1 P.92
60. ↑ Reference 1 P.97
61. ↑ Reference 1 Pp.81-86
62. ↑ Reference 1 Pp.81-86
63. ↑ Reference 1 P.93
64. ↑ Reference 1 P.55
65. ↑ Reference 1 p.48
66. ↑ Reference 1
67. ↑ Reference 1
68. ↑ Reference 1 p.72

The Women, Business and the Law

Where are laws equal for men and women? 

The Women, Business and the Law report presents indicators based on laws and regulations affecting women's prospects as entrepreneurs and employees. Several of these indicators draw on the Gender Law Library, a collection of over 2,000 legal provisions impacting women's economic status. This report does not seek to judge or rank countries, but to provide information to inform discussions about women’s economic rights. Women, Business and the Law provides data covering 6 areas: accessing institutions,using property, getting a job, providing incentives to work, building credit, and going to court. Read more about the methodology.

For detailed information on Papua New Guinea, please visit the Women, Business and
the Law Papua New Guinea page.

Sources

• Women, Business and the Law: Creating economic opportunity for women
• The Gender Law Library

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