by David Kavanagh

WARNING: this article contains accounts describing instances of domestic violence

A new 59-page report by the non-profit NGO Human Rights Watch shines a devastating light on domestic violence in Papua New Guinea and highlights poor systemic government response as a significant aggravating factor.

While limited up-to-date data collection mechanisms make it difficult to track concrete statistics about the levels of family violence occurring in the Pacific island nation today, activists sent to interview victims say it remains a pervasive problem.

In a 2013 study based in Bougainville, a region that endured around a decade of conflict, it was found that 80% of men had reported perpetrating acts of either physical and/or sexual violence against their partner.

Furthermore, in February of this year, Australian Federal Police Detective Sergeant Michelle Harris, working with the Royal PNG Constabulary’s family and sexual violence unit, described domestic violence as a “pandemic [issue], equaling something in a war zone.”

What efforts have been made to stop family violence?

Papua New Guinea ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1995.

In so doing, it accepted its obligation under international law to implement measures to prevent gender discrimination and violence against women and girls.

The first tangible steps towards the effective reduction of family violence rates were not taken until 2013, however, when the PNG parliament passed the Family Protection Act (FPA) that criminalizes domestic violence and attaches punishments of up to two years imprisonment and/ or a fine nearing US$2000.

The law was also intended to provide resources and services making it easier for victims to get protection and help from various sources.

Two years later, longwinded drafting of implementing regulations have meant this Act has still not been put into practice.

“We have never used the FPA,” a PNG police officer in a family and sexual violence unit told Human Rights Watch interviewers.

“We can’t use the FPA without information on how to charge someone under it… no one sent any info to us on it.”

All that said, some progress has been made.

Working with donors and NGOs, PNG has established various Family Support Centres and Family and Sexual Violence Units in police stations and hospitals, introduced new “referral pathways” and a hotline system designed to provide easier access to services for victims, and is working to develop a new strategy for dealing with gender-based violence.

It has also pledged to create a national human rights commission to investigate affairs and, in August of this year, launched an inquiry into causal factors behind and potential solutions for family violence.

While recognising these efforts towards change, Human Rights Watch’s recent report also documents damning shortcomings in the current government response to the problem.

Where have efforts fallen short?

According to interviews Human Rights Watch conducted with advocates, witnesses and victims, PNG police rarely take cases of family violence seriously, often refusing to investigate, gather evidence or arrest perpetrators, even in cases involving attempted murder, rape or substantial physical harm.

When police do get involved, instead of arresting and prosecuting those responsible, as has been found to be the most effective approach internationally, they attempt to mediate between the couples involved, often chalking incidents down as ‘family matters’.

Jenella, a 39-year-old mother of seven, has had two bones broken in domestic disputes with her husband.

“I went to the police 17 times… every week for the last month,” she told her interviewers.

“They said this is a domestic problem. They just told my husband not to do it again… I wanted them to put him in jail for one or two years.”

Another victim of domestic violence, 18-year-old Kere, a mother of one, said the mediation sessions she had were ineffective.

“They arrested him and sent us both to counselling with the sergeant of the [specialised police unit],” she said.

“We met twice. Nothing happened. My husband continued bashing me.

“I asked the police to help me get a protection order [but] they said they were too busy.”

The report goes on further to say that when cases do make it to court, they are dealt with by village courts that adjudicate family matters and attempt reconciliation rather than district courts where serious charges are usually heard.

In addition to inadequate policing and judicial response, few services providing assistance to victims, such as safe houses or qualified psychosocial counsellors exist and further barriers, like the requirement that women pay stringent fees for protection or health care, make it even harder for victims to get the help they need.

Particularly devastating is the fact that some women rely on their husbands for the income they need to feed themselves and their children. For the same reason, many cannot afford legal services to protect themselves either.

Due to this, women may choose to stay or even return to their abusive partners.

44-year-old Grace, who has seven children to look after, said she decided to go back to her partner so she could provide for them.

“He raped me again,” she said.

“He locked me in a room on Thursday and Friday [but] then I managed to get away.

“I want to take him to court and get him kept away [so] I’m going to find a job and get my own home so I can get my children back.”

What should be done?

Human Rights Watch’s report makes various recommendations about potential actions that could be taken to stem instances of family violence.

Most obviously, immediate follow through and implementation of the FPA is essential so that police have a greater guide regarding prosecution.

Although more difficult, a policy-inspired change of attitudes about domestic violence, one that paints cases as criminal cases rather than simply family disputes, is also important.

Since PNG does effectively have a booming economy due to its vast natural resources, Human Rights Watch believes it can easily afford the necessary reforms and services.

However, the not-for-profit also suggests that donor countries could play a greater role in compelling domestic action from the outside.

While PNG hardly relies on foreign aid as much as it used too, the country remains the largest recipient of aid in all of Oceania.

Australia, which provides over 70% of its overseas aid, as well as New Zealand, Japan, the US, the EU and international institutions such as the Asia Development Bank and the World Bank, can all urge government action and provide assistance to improve response.

In addition to boosted social well-being, doing it all could also benefit PNG politically and economically in the long run.

The international media’s coverage of the country’s record on domestic violence and inability to fulfil its CEDAW obligations has greatly tarnished its image in the eyes of the global community.

As a powerhouse with the largest population in the region, an ever expanding economy, and planned crucial roles in future international events such as the 2018 Asia Pacific Economic Cooperation summit (APEC), a more positive portrayal could do wonders.

For more information about domestic violence in PNG and potential solutions, check out Human Rights Watch’s full report – Bashed Up: Family Violence in Papua New Guinea.

For more of this kind of content, follow Journalytic on Facebook or Twitter