| For a summary of Papua New Guinea’s review at the first cycle please click here. |
25th UPR session
Date of review: 6 May 2016
Date of report adoption: 13 July 2016
Document number: A/HRC/33/10
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SUMMARY SOGIESC issues during Papua New Guinea’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
6. Kapul Champions (KC) indicated that sexual relations between consenting adults of the same-sex were prohibited under the Criminal Code (1974). KC recommended that PNG repeal laws that criminalise sexual relations between consenting adults of the same sex. KAHRF also recommended to introduce legislation prohibiting discrimination on the grounds of sexual orientation and gender identity
Equality and non-discrimination
16. KC indicated that LGBT people had been victims of abuse, stigmatisation and discrimination, including with regard to education, employment and health services. KC recommended to investigate human rights abuses perpetrated on the basis of sexual orientation and gender identity; ensure equal access to health care for LGBTI people and employment in public and private sectors. KAHRF [not available online] and HRW expressed similar concerns and recommendations.
Migrants, refugees and asylum seekers
63. […] HRW reported that more than 850 asylum seekers and 87 refugees were detained indefinitely in poor conditions on that centre. HRW also noted pressure on asylum seekers to abandon their refugee claims and return to home countries, combined with lengthy delays in refugee status determination and resettlement processing. HRW was also concerned at mental health problems linked to prolonged and indefinite detention; arbitrary detention of asylum seekers and refugees in the police lock-up and jail; restrictions on refugees’ freedom of movement and work rights; assault on a refugee by alleged authorities in Lorengau town; and mistreatment of gay asylum seekers.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
25. The country team indicated that male same-sex sexual activity was prohibited by the Criminal Code. While those provisions were not usually implemented, they had facilitated extortion, discrimination and social stigmatization of lesbian, gay, bisexual and transgender persons.
IV. References to SOGIESC issues during the Working Group review
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.
V. Conclusions and/or recommendations
Papua New Guinea noted the following recommendations:
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).
VI. Further information
You will find all documents relating to Papua New Guinea’s second review at UPR-Info and OHCHR’s websites.