Enduring Police Brutality

April 11, 2007 - (SAHRDC) In 2005 and 2006, human rights organisations such as Human Rights Watch (HRW) issued reports condemning the widespread and routine use of violence by police in PNG. The reports detailed that detainees, including women and children, are being subjected to torture, rape and other forms of violence while in police custody. Failing to use internal or legal instruments to bring police to account, victims are rarely provided with redress.

Such critical reports have emerged following several reported incidents. After a police raid at the Three-Mile Guesthouse in March 2004, it became apparent that police treated the arrested women with severe brutality, involving rape and other forms of sexual violence. Although there was extensive evidence against the police, no officers were prosecuted.

HRW acknowledged in its 2006 report that a few notable advancements had been made on police violence and impunity; the PNG police force had received further human and financial resources, including the recruitment of several hundred new police officers. It nevertheless concluded that the system remains largely unreformed and problematic.

Moreover, expressing concern over potential outbreaks of dysentery and typhoid due to unhygienic conditions and contaminated water supplies, the poor conditions of PNG jails has also been condemned by High Court Judge David Cannings, who has suggested that in some jails “inmates were treated worse than pigs and dogs’ and that it ‘represented a major defect in the justice system of the country”.

Juvenile justice

Police brutality in PNG is of particular concern to human rights groups because so many victims are children. In what has been described as an epidemic, reports have emerged of juveniles being beaten and tortured, and of young girls being raped in jail cells. With children in detention frequently being placed in police lockups with adults (even when separate cells are available), they are similarly denied medical care and are at risk of violence in detention.

Almost half of the PNG population are children—fewer than half of these children attend school. Perceived by the police as gang members, these uneducated and unemployed children are ending up in jail cells where they are victimized by the very people who should be protecting them.

There has, however, been some progress in the juvenile justice system recently. A juvenile detention system is being developed by an interagency working group supported by UNICEF; several juvenile courts are now operating; there is a commission of volunteer juvenile court officers; and policies for juvenile detention have been adopted.

The PNG Government nevertheless has considerable work to do to uphold its international obligations (having ratified the Convention of the Rights of the Child) and domestic legislation (with the National Parliament of PNG passing the Criminal Code (Sexual Offences and Crimes Against Children) Act in 2002), which both provide for the protection of children from abuse and exploitation.

Violence against women

Domestic violence continues to be a major problem in PNG, with police reportedly ignoring complaints and, in some cases, demanding sex from victims. With domestic violence still considered by many authorities to be a private family matter, customary practices such as polygamy and ‘bride price’ continue.

Incidents of gang rapes, knife attacks, beatings and murders mean that women and girls are afraid to move about in public, including going to school or work. Amnesty International has reported that the PNG Government’s neglect of violence against women issues is constraining the full use of resources and impeding national development.

Earlier this year, reports emerged of women being tortured and murdered because they were believed to have used sorcery to cause a fatal road crash. After being stabbed, four women in a remote highlands region were forced to confess to witchcraft and then killed.

Despite the operation of a Family Sexual Violence Action Committee (FSVAC) in PNG since 2002, women remain largely unrepresented in PNG’s social, economic, and political life. The PNG parliament has only one female member.

HIV/AIDS: A difference of opinion

Out of the 5.4 million people in PNG, it is estimated that 100, 000 are infected with HIV-AIDS. The rate of infection in children is of particular concern. United Nations statistics indicate that 11,000 children in PNG may be infected with HIV/AIDS, with half of these children dying before their second birthday. With the highest rate of people living with HIV in the South Pacific region (reportedly experiencing an annual increase of 15–30 per cent), approximately 220,000 children are currently orphaned in the country. AIDS experts predict that at this rate, PNG is on the brink of an epidemic similar to the scale in Africa.

The attitude of police officers towards HIV is not helping the situation, as they are often accused of being actual contributors to the problem. Instances of this include: transmitting HIV by sexually abusing male and female detainees; targeting sex workers and homosexual activities thereby driving them underground; and harassing those carrying condoms through actions such as forcing individuals to swallow condoms.

On the other hand, the epidemic has gained international attention, with former US President Bill Clinton becoming an honorary chief of PNG owing to his work with HIV/AIDS in the country. It has also gained the attention of business moguls, concerned about the impact of the disease on their PNG workforce, as highlighted by businessman Lachlan Murdoch, son of Australia’s media mogul Rupert Murdoch, during his visit in January 2007.

The PNG people versus Transnational Corporations

Much media attention has recently focused on human rights abuses caused by transnational corporations in PNG. In August 2006 a US court of appeals reinstated a human rights claim made against Rio Tinto in relation to its role in the Bougainville crisis after the collapse of its massive Panguna copper-gold mine in the early 1990s. The Bougainville islanders claim that Rio Tinto conspired with the PNG Government to repress opposition to the mine, leading to the deaths of thousands of local people.

Australian mining giant BHP Billiton is also facing a lawsuit as villagers sue the company for civil damages over environmental devastation caused by the Ok Tedi mine. Furthermore, human rights and environmental groups have alleged that the Australian ANZ Bank is facilitating and supporting logging companies in PNG accused of human rights abuse, environmental destruction, engaging corrupt practices, exploiting workers, and oppressing landowners.

The need for accountability

PNG has weak independent accountability mechanisms without any formal mechanism for the assessment of domestic human rights issues. Revived proposals to establish a Human Rights Commission failed to reach parliament in 2006. While the Ombudsman’s Commission has been credited with being active in addressing government corruption and fulfilling its mission to hold the public sector accountable, its human rights unit is very small and is functioning with minimal staff.

Mechanisms for addressing police violence are also weak. HRW reports that citizens wanting to pursue civil claims against police officers face prohibitive costs and procedural difficulties. Australia, as PNG’s largest foreign aid donor, directs much of its aid to the police force but does not place emphasis on the accountability of police officers, nor does it explicitly take a human rights approach to development.

The PNG government has international obligations that conflict with the aforementioned abuses, in particular the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). While submitting a State party report on CRC in 2003, PNG has not submitted any State party reports for CEDAW (due in 1996, 2000, and 2004). Despite four requests for country visits by Special Procedures Mandate Holders since 1998, PNG has not extended any invitations for such visits. These requests were in relation to torture, mercenaries, education, and arbitrary detention. Further, it has not taken any action on ICCPR or ICESCR.

In recognition of the broad human rights issues facing PNG, NGOs are increasingly active in the region. While women activists are working hard to address such issues, the government is failing to engage in any partnerships with these groups, with the expectation that these NGOs substitute any activity on their behalf.

The PNG government needs to become active in addressing human rights issues. Independent monitoring bodies such as a Human Rights Commission are needed to ensure PNG abides by its international obligations, upholds the Basic Goals and Principles enshrined in the Constitution, and to investigate complaints of human rights abuses, in particular those perpetrated by police officials.

From:http://www.hrdc.net/sahrdc/hrfeatures/HRF163.htm