Papua New Guinea

Same-sex sexual activity is prohibited under the Criminal Code 1974, which criminalises acts of ‘sexual penetration against the order of nature’ and ‘gross indecency’. These provisions carry a maximum penalty of fourteen years’ imprisonment. Only men are criminalised under this law.

The law was inherited from Australia during the colonial period, in which the Australian criminal law, itself based upon the Queensland Criminal Code drafted during British colonisation, was imposed upon Papua New Guinea. Although the Australian states began a two-decade process of decriminalisation in 1975, Papua New Guinea gained its independence that same year and so retained the provision and continues to criminalise same-sex sexual activity today.

There is limited evidence of the law being enforced in recent years, with the only known prosecutions occurring in 2015 and 2022. There have been some reports of discrimination and violence being committed against LGBT people in recent years, including murder, assault, harassment, and extortion, though social stigma likely results in underreporting of incidents.

2023

In June, Prime Minister Marape stated that his government would not pass any law legitimising LGBT rights in the foreseeable future, adding that “as far both our Melanesian and Christian worldviews are concerned, these unnatural practices are not allowed”.

2014

In July, Health Minister Michael Malabag committed to introducing legislation to decriminalise sex work as a key reform to tackling HIV/AIDS in the country. At the UNAIDS-AFPPD forum at the 20^th International AIDS Conference in Melbourne, Minister Malabag stated: “I will bring in the legislation. We must remove the stigma. We are all equal.”

2022

In November 2022, two men were arrested and charged with committing an unnatural offence following reports that they were having sex inside a health centre at night. They were granted bail and due to appear in court in March 2023, however no additional information on the case is available.

2021

The US Department of State report found that there were no reports of prosecutions against LGBT people during the year. The same results had been found in recent iterations of this report.

2020

The US Department of State report found that there were no reports of prosecutions against LGBT people during the year. The same results had been found in recent iterations of this report.

2015

Kaleidoscope Human Rights Foundation reported that in 2015 a man was convicted for ‘indecent acts between males’ and given a two year suspended sentence.

2023

The US Department of State report stated that there were reports of societal violence against LGBT people, which police were disinclined to investigate. Criminalisation reinforced negative societal views and was used as a pretext to harass or extort LGBT people. Discrimination was widespread in healthcare, housing, personal safety, employment, education, family, and access to other social services, and transgender people were especially vulnerable. The scope of discrimination was difficult to measure due to LGBT people’s fears of outing themselves.

2021

Several civil society submissions to the Universal Periodic Review documented discrimination against LGBT people. A joint submission by the Kaleidoscope Human Rights Foundation and Sexual Rights Initiative reported on widespread discrimination including in access to healthcare, which contributed to high HIV rates, in employment, and in access to justice. Another joint submission by NGOs including the Asia Pacific Transgender Network included a survey of 52 trans and gender diverse people, with a number having experienced police harassment (31%) including fines (15%), as well as negative effects on their healthcare (27%) Victims were reluctant to report incidents because of a fear of violence and harassment.

Human Rights Watch’s world report stated that the criminalising provisions are sometimes used by police to extort money from LGBT people.

2016

In October, a gay man was killed by a relative in his family home, allegedly due to his sexual orientation. The police responded to the incident, but the investigation stalled.

2014

In October, a documentary that tells the story of Hanuabada village, a haven for gay and transgender people living in Papua New Guinea, was released in the hope of changing attitudes about LGBT people. In other areas of Papua New Guinea, such as in Port Moresby, gay men are reportedly often targeted by local men, particularly those who hail from the highland provinces, and have been raped, beaten and even murdered.

In November, it was reported that gay asylum seekers arriving in Australia were being sent to be detained and processed at detention centres on Manus Island in Papua New Guinea, despite the criminalisation of same-sex sexual conduct in the country at the time. It was further reported that gay asylum seekers in the detention centres were regularly sexually harassed and assaulted, but they fear going to the police because same-sex sexual conduct is illegal in Papua New Guinea, and have been told by camp authorities that they will be jailed.

2011

A survey by FHI 360 found high levels of discrimination against MSM, with 57% reporting physical assault and 58% reporting sexual abuse, while blackmail (18%), being denied medical treatment (13%), and family ostracization (63%) were also reported. Similar levels of physical abuse and rape were reported by male and transgender sex workers in another study. Focus group interviews revealed that LGBT people were unwilling to seek police protection and redress for violence because the police would disregard their claims or assault or blackmail them, with interviewees recounting incidents of being blackmailed for sex.

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