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Constitutional and Law Reform Commission of Papua New Guinea |
FINAL REPORT
ON
DOMESTIC VIOLENCE
REPORT NO. 14
1992
PAPUA NEW GUINEA LAW REFORM COMMISSION
4-MILE GOVERNMENT OFFICES
P.O. BOX 3439
BOROKO
PAPUA NEW GUINEA
The Law Reform Commission of Papua New Guinea was established by the Law Reform Commission Act 1975 and began functioning in May 1975.
The Commissioners are: Frank Senge Kolma
Father Robert Lak
Stella Miria
Benjamin Passingan
Stephen Pokawin
Miriam Yawa
Josepha Kanawi is Secretary to the Commission.
The Research Staff are: Herman Buago
Mapesa Dume
Imtiaz Omar
Christine Stewart
The Administrative Staff are: Mary Boigo
Ari Heai
Theresa Kaiser
Peter Kondawe
Thomas Resena
Jack Uke-e
This Report was prepared for the Commission by Dr. Christine Bradley, Principal Project Officer.
The Commission's Office is at the Four-Mile Government Offices, Boroko. The postal address of the Commission is:
Law Reform Commission
P.O.Box 3439
Boroko
Papua New Guinea
Telephone: 258755
Fax: 251491
First published 1992
1992 Papua New Guinea Law Reform Commission
Published by the Papua New Guinea Law Reform Commission
ISBN 9980 55
National Library Service of Papua New Guinea
ABCDE 95432
Printed By: Hebamo Press Pty. Ltd.
P.O.Box 6033
Boroko, Papua New Guinea
March 1992
The Honourable Bernard Narakobi MP
Minister for Justice.
Sir,
In August 1982, the then Minister for Justice, the Honourable Tony Bais MP, required the Law Reform Commission to enquire into and report to him on:
1. the nature and extent of domestic violence as a social problem; and
2. the legal remedies available for complaints of domestic violence; and
3. any changes to the law which may be necessary or desirable to achieve the protection of women from domestic violence; and
4. the steps which should be taken to bring the problem of domestic violence to the public notice.
Accordingly, the Commission has undertaken extensive surveys, established a nation-wide awareness campaign, and proposed certain amendments to existing legislation, most notably that of instituting a system of protection orders which may be granted by District Courts.
Yours faithfully,
Father Robert Lak
Stella Miria
Benjamin Passingan
Stephen Pokawin
Frank Senge
Miriam Yawa
-----------------------------------------
CONTENTS
Preface
Summary and Recommendations 1
PART I - BACKGROUND
Chapter 1: Introduction 10
Terms of the Reference 10
Scope of the Reference 10
Law Reform Commission research 11
The Interim Report on Domestic Violence 12
The Final Report on Domestic Violence 13
Chapter 2: What is Domestic Violence? 14
Definition of the problem 14
Most domestic violence is wife-beating 14
Wife-beating worldwide 14
Types of domestic violence 15
Other types of abuse 15
When does the violence start? 16
When does the violence stop? 16
The cycle of violence 16
Trends 17
Chapter 3: What is Wrong With Domestic Violence? 18
Introduction 18
Domestic violence is against the law 18
Domestic violence is against the Constitution 19
Harmful effects of domestic violence 19
Effects on the victim 19
Effects on the children 20
Effects on the offender 21
Effects on the family 21
Effects on the community 22
Effects on society 22
Conclusion 24
Chapter 4: The Nature, Extent and Causes of Domestic Violence in Papua New Guinea 25
Husbands hitting wives 25
Wives hitting husbands 26
Wife-beating is the main problem 26
Attitudes 30
Causes 29
Chapter 5: Recommended Approach 34
Special features of domestic violence 34
Underlying principles 34
Competing considerations 35
A five-fold approach 35
Objectives 36
The role of the law 36
The criminal law and the police 37
Protection Orders 37
Prevention through awareness 38
Counselling 38
Services for victims 39
PART II - LEGAL MEASURES
Chapter 6: Present Legal Provisions and their Deficiencies 40
Criminal prosecution 40
District Court Good Behaviour Bonds 41
Local Court "Keep the Peace" Orders 41
Village Court Preventive Orders 42
Civil action for compensation 42
Mediation 42
Other obstacles to the protection of beaten wives 43
Chapter 7: The Police 45
Nature of the police role 45
Difficulties of the police role 46
Policy and procedures 48
Training 50
Powers of entry 53
Community Relations 55
Female police 56
Data collection and monitoring 57
Police powers and Protection Orders 57
Chapter 8: The Criminal Law 58
Introduction 58
Evidence of spouses 58
Weekend imprisonment and other sentencing options 60
The defence of provocation 62
Chapter 9: The District Courts and Protection Orders 63
The Good Behaviour Bond System 63
Protection Orders 65
Chapter 10: The Village Courts 68
Introduction 68
Assault as an offence 68
Preventive Orders 69
Wife-beating as custom 70
Male domination of Village Courts 71
Training 73
PART III - SOCIAL MEASURES
Chapter 11: Public Awareness and Education 73
Introduction 73
The Women and Law Committee 73
The domestic violence awareness campaign 74
Other initiatives 77
Evaluation of the campaign 78
Conflict resolution education 79
Chapter 12: Health Services 81
Introduction 81
The Interim Report 81
The Health Department's response 81
Initial presentation at hospital/health centre 82
Data collection 84
Training 84
Further action 85
Chapter 13: Accommodation 87
Emergency accommodation ("refuge" or "shelter") 87
Short-term accommodation 91
Long-term accommodation 91
Chapter 14: Legal Information and Legal Aid 93
Legal information 93
Victim's information needs 94
Availability of legal information 98
Legal aid 99
Chapter 15: Counselling and Welfare Services 101
The Interim Report 101
Limitations of counselling 101
Types of domestic violence counselling 102
Special features of domestic violence counselling 103
Special information needs 106
Existing counselling services 107
Domestic Violence Resource Persons Training Scheme 108
Chapter 16: The Churches 111
Introduction 111
The Interim Report 111
How the churches can help 113
Chapter 17: Women's Organisations 117
Introduction 117
Activities so far 118
The National Council of Women 119
Chapter 18: Research and Monitoring 122
APPENDICES:
1. Terms of Ministerial Reference on Domestic Violence 123
2. Papua New Guinea Law Reform Commission publications and papers on domestic violence. 124
3. Wife-beating and the Constitution 126
4. Summary of the harmful effects of domestic violence 127
5. Common beliefs about domestic violence 130
6. Summary of the causes of domestic violence 134
7. Constabulary Standing Orders on domestic assault 136
8. Draft legislation: Police powers of entry 137
9. Draft legislation: Compellability of spouses 139
10. Draft legislation: Periodic Detention and Protection Orders 141
11. Funding donors for public awareness activities 153
Bibliography and References 154
LIST OF TABLES
Table 1: Incidence of husbands hitting wives 27
Table 2: Incidence of wives hitting husbands 28
Table 3: Indicators of relative seriousness of wife-beating and "husband-beating" 29
Table 4: Attitudes - Is it alright for husbands to hit wives? 30
Table 5: Attitudes - Is it alright for wives to hit husbands? 31
Table 6: Main causes of marriage problems 32
--------------------------------------
SUMMARY AND RECOMMENDATIONS
In August 1982 the Law Reform Commission was given a Reference to investigate and report on domestic violence in Papua New Guinea.
For the purposes of this work, domestic violence was defined as physical violence between marriage partners, whether they are married under custom or under the Marriage Act or are simply living together as if they are married.
The recommendations contained in this report are based on extensive nationwide research and consultation carried out since 1982 (Chapter 1). Domestic violence is a complex social problem (Chapter 2), which has harmful effects not only on the victims, but also on the family, the community and the entire society (Chapter 3). It is therefore a public not a private matter.
The Commission found that domestic violence is a widespread problem affecting over two-thirds of families in the country and that its main form is wife-beating (Chapter 4). A certain amount of domestic violence is accepted as normal in most parts of the country, with brideprice seen as justifying a husband's right to beat his wife in many of Papua New Guinea's diverse societies. Reducing or eliminating the problem therefore means changing attitudes as well as behaviour.
The Commission's Interim Report on Domestic Violence, published in 1987, was widely circulated and generally favourably received. A number of its recommendations have already been wholly or partially implemented, in particular a national public awareness campaign conducted by the Commission in co-operation with the Women and Law Committee. This and other activities stimulated by the Interim Report are described in this Final Report in the relevant chapters.
The Final Report retains the approach recommended in the Interim Report, expanded in the areas of prevention through awareness and education, and of counselling, in response to comments from the public.
The objectives of the approach recommended by this Final Report are:
1. the protection of victims;
2. the prevention of further violence; and
3. the improvement of married life.
This approach is based on six underlying principles or beliefs:
1. that freedom from violence is every person's right;
2. that violence is learned behaviour, which can be unlearned;
3. that violence in marriage is not a private matter, but a social problem of public concern;
4. that stopping domestic violence will strengthen marriages and improve family life;
5. that stopping domestic violence will help create a more peaceful society;
6. that it is the responsibility of government to take a strong stand against domestic violence for the benefit of the whole society.
The five-fold approach to the problem of domestic violence recommended by the Law Reform Commission combines legal and social measures:
1. strengthening the application of the criminal law to domestic violence and improving the police response, by clarifying police powers to deal with violence on private premises; by ensuring that offenders cannot pressure victims into dropping charges and by introducing more appropriate sentencing, in particular a system of weekend imprisonment (Chapters 7, 8);
2. improving the effectiveness of other means of legal protection against personal violence by replacing the inefficient system of Good Behaviour Bonds with a new system of Protection Orders; tightening the response of Village Courts to domestic violence and promoting the use of Preventive Orders (Chapters 9, 10);
3. maintaining public awareness campaigns, educational programmes and improved professional training, to increase community understanding and disapproval of domestic violence (Chapters 11, 15, 16, 17);
4. improving counselling for domestic violence situations by introducing specific training for domestic violence counselling with victims, offenders and both parties together (Chapter 15);
5. improving services for victims by promoting changes in health services and by increasing the availability of accommodation (emergency, short-term and long-term) and of legal information and legal aid (Chapters 12, 13, 14, 16, 17).
Priority is given initially to legal measures. The law is a powerful tool in motivating behaviour change, both in terms of its practical value through punishing offenders and in terms of its wider educational and preventive value as a statement of what society will not tolerate. The success of the other educational and social measures recommended by the Commission also depends on the effectiveness of the legal measures.
With time, attitudes will begin to change as the educational and awareness programmes take effect, and the law will have a decreasing role to play. Ultimately, the Commission wishes to see a situation in which communities themselves take responsibility for eliminating domestic violence in their own areas by stepping in to prevent violence where possible and by protecting and assisting victims where necessary. For this to be achieved, each community will need to recognise that domestic violence is not a private matter but a community concern, and that violence has no place in married life.
Considerable progress towards this goal has already been made through the active support of many thousands of individuals throughout the country. The Commission hopes that many more will be inspired by this Final Report each to make his or her contribution towards ending domestic violence in Papua New Guinea.
Recommendations
1. That funding be provided by the Department of Justice for this Final Report on Domestic Violence to be made available to government and non-government bodies and the general public.
2. That police procedures for granting bail in domestic violence cases be revised and restricted in line with ss.9 and 18 of the Bail Act, as well as requiring third party recognizance and cash sureties, and imposing conditions on the alleged offender's contact with the victim for part or all of the bail period.