| For a summary of Papua New Guinea’s review at the second cycle please click here. |
11th UPR session
Date of review: 11 May 2011
Date of report adoption: 30 September 2011
Working Group report: A/HRC/18/18
| Summary
Recommendations made: Decriminalize sexual relations between consenting adults of the same sex; amend national legislation to include “sexual orientation” and “gender” as prohibited grounds for discrimination. Status of recommendations: Rejected. |
I. Key issues/recommendations identified by NGOs
- Repeal all provisions which may be applied to criminalize sexual activity between consenting adults of the same sex;
- Ensure that all sexual and reproductive health education, prevention, care and treatment programmes and services respect the diversity of sexual orientations and gender identities, and are equally available to all without discrimination.
II. Excerpts from input reports
Compilation of UN Information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations
4. Right to privacy, marriage and family life
50. UNJR stated that Papua New Guinea’s Cabinet had recently endorsed a review on existing laws governing prostitution and “unnatural” sex offences, to be undertaken by the Constitutional and Law Reform Commission (CLRC). The policy submission sought, among others, to review criminal laws to decriminalize sex work and consensual homosexual practices.
Compilation of Stakeholder Information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations
4. Right to privacy, marriage and family life
34. Joint Submission 2 (JS2) recommended that Papua New Guinea bring its legislation into conformity with its commitment to equality and non-discrimination, and its international human rights obligations, by repealing all provisions which may be applied to criminalize sexual activity between consenting adults of the same sex.
7. Right to social security and to an adequate standard of living
38. Additionally, HRW noted that Papua New Guinea had a very high prevalence of HIV/AIDS: around 34,100 people were living with the disease (0.92 per cent of adults in 2010), with young women most likely to be diagnosed. Gender-based violence and discrimination and poor access to healthcare fuelled the virus’s spread. People living with HIV/AIDS often faced violence and discrimination. Antiretroviral therapy was inaccessible to most. Despite training, police undermined prevention efforts by targeting female sex workers and men and boys suspected of homosexual conduct, for beatings and rape. Police did so in part because they could threaten arrest using laws criminalizing homosexual conduct and certain forms of sex work, and because social stigma against homosexuals and sex work shielded the police from public outrage.
III. References to SOGI during the Working Group review
Interactive dialogue
Slovenia – Slovenia would like to encourage the government of Papua New Guinea to tackle these challenges and therefore provides the following recommendations: […] decriminalize sexual relations between consenting adults of the same sex.
France – France recommends to Papua New Guinea to decriminalize sexual relations between consenting adults of the same sex
United Kingdom – We recommend that Papua New Guinea: […] amend national legislation to include “sexual orientation” and “gender” as prohibited grounds for discrimination.
IV. Conclusions and/or recommendations
Papua New Guinea rejected the following recommendations:
79. 52. Decriminalize sexual relations between consenting adults of the same sex (Slovenia);
79. 53. Decriminalize sexual relations between consenting adults of the same sex (France);
79. 54. Amend national legislation to include “sexual orientation” and “gender” as prohibited grounds for discrimination (United Kingdom).
V. Adoption of the Report
Response of the State under review – Addendum 1 to the report of the Working Group
List of recommendations examined by Papua New Guinea along with the position taken
79.52 Reject
There is ongoing national consultation on this issue and as such no definite answer can be provided at this stage.
79.53 Reject
Refer to reasons under 52.
79.54 Reject
Refer to reasons under 52.
Comments by States and other stakeholders
Canadian HIV/AIDS Legal Network
Thank you Madam President. We appreciate your efforts, and those of your office, to ensure the receipt of responses to all recommendations. We trust that a copy of our remarks will be made available to the State under review, and we appreciate the continued attention to the possibility of videoconferencing arrangements, which may facilitate the participation of smaller delegations in future.
We welcome Papua New Guinea’s commitment to equality and non-discrimination.
In furtherance of this commitment, we also welcome the fact that Papua New Guinea’s Cabinet has endorsed a review of existing laws governing sexual offences, to be undertaken by the Constitutional and Law Reform Commission (CLRC), and that the policy submission seeks to review such laws with a view to decriminalizing consensual same-sex conduct.
We are therefore disappointed that Papua New Guinea did not yet feel ready to accept Recommendations 52 and 53, to repeal laws that criminalise sexual activity between consenting adults, and 54 to ensure protection from discrimination on grounds of sexual orientation and gender identity.
The UN Human Rights Committee has confirmed that such laws violate the rights to both privacy and non-discrimination, and “run counter to the implementation of effective education programmes in respect of HIV/AIDS prevention” by driving marginalised communities underground, a position also affirmed by UNAIDS.
As the UN High Commissioner for Human Rights, Ms. Navanethem Pillay, recently emphasised:
“The principle of universality admits no exception. Human rights truly are the birthright of all human beings. […] Sadly, […] there remain too many countries which continue to criminalize sexual relations between consenting adults of the same sex in defiance of established human rights law. Ironically many of these laws, like Apartheid laws that criminalized sexual relations between consenting adults of different races, are relics of the colonial era and are increasingly becoming recognized as anachronistic and as inconsistent both with international law and with traditional values of dignity, inclusion and respect for all.”
We acknowledge that these issues are sensitive for some; however, as UN Secretary General Ban Ki-moon recently stated to this Council: “No doubt deeply rooted cultural sensitivities can be aroused when we talk about sexual orientation. Social attitudes run deep and take time to change. But cultural considerations should not stand in the way of basic human rights.”
We do welcome the fact that Papua New Guinea has indicated that ongoing national consultations are taking place on this issue, and we trust that these consultations will lead to a positive outcome in the near future. We note that a number of other island States in the Pacific region have, through the UPR, accepted recommendations to decriminalise homosexuality, and we urge Papua New Guinea to be guided by these best practices in order to bring its legislation into conformity with its international human rights commitments.
Thank you.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E only
Addendum 1 : E only
Outcome of the review
Report of the Working group : A | C | E | F | R | S
Corrigendum : E
Addendum : E
Decision of the outcome : A | C | E | F | R | S
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