* Adopted by the pre-sessional working group on 1 June 2023.

List of issues and questions prior to the submission of the combined fourth to sixth periodic reports of Papua New Guinea *

Sustainable Development Goals, climate change and disaster risk reduction

1.Please provide information on the measures in place to ensure that women have a central role in climate action and disaster risk reduction at the local, regional, national and international levels, as well as in the adoption and implementation of strategies to reduce greenhouse gas emissions, notably resulting from coal consumption and exports. The State party should provide information on:

(a)General recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change and how the important loss and damage fund established at the twenty-seventh session of the Conference of the Parties to the United Nations Framework Convention on Climate Change will assist women engaged in climate justice;

(b)The State party’s progress towards achieving all Sustainable Development Goals, with an emphasis on Goals 5 and 13.

Legal status of the Convention

2.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 12), please provide information on the steps taken by the State party to proceed without delay with the full incorporation of the Convention into its domestic legal system in order to give central importance to the Convention as the basis for the elimination of all forms of discrimination against women and the achievement of gender equality, in addition to the amendments in the Criminal Code (Amendment) Act (No. 14 of 2022) and the Family Protection (Amendment) Act (No. 43 of 2022).

Definition of discrimination against women

3.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 14), please provide information on the progress made by the State party in incorporating fully and without delay the Convention into the Constitution and other appropriate legislation, such as an organic law on gender equality, the principle of equality between women and men and prohibition of discrimination against women, in line with the definitions provided in articles 1 and 2 of the Convention, as well as information on the enactment of effective legislation to enforce the prohibition of discrimination on the grounds of sex and gender.

Visibility of the Convention

4.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 16), please provide information on measures taken by the State party to:

(a)Translate the Convention into the main local languages and to widely disseminate and raise awareness of the Convention and other legislation, in particular with regard to the meaning and scope of direct and indirect discrimination, and the formal and substantive equality of women and men;

(b)Apply the Convention in judicial decision-making and in the interpretation of the Constitution’s fundamental bill of rights;

(c)Ensure that all branches of Government apply the Convention as a framework for all applicable laws, court decisions and policies on gender equality and the advancement of women, and establish in the country a legal culture that is supportive of women’s equality and non-discrimination;

(d)Harmonize formal and customary laws with the Convention.

Access to justice

5.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 18), please provide information on measures taken to ensure that all courts, including village courts, apply the principles of equality and non-discrimination, in line with articles 1 and 2 of the Convention, in their decisions, including measures taken:

(a)To raise awareness of women’s rights among the general public and law enforcement agencies, and the strategies and measures taken to ensure that information about the Convention is provided to women through the use of all appropriate means, including through the media, such as the Internet, and oral forms of communication;

(b)To introduce free and effective legal aid to enable women to assert their rights in civil courts;

(c)To collect data on the number of complaints filed by women, the types of complaints received and their outcomes.

National human rights institution

6.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 20), please provide information on the strengthening of the State party’s legal complaints system and the extent to which it ensures that women have effective access to justice, and include information on the process of establishing a national human rights institution in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) and ensuring that the institution will be provided with a broad mandate in respect of human rights, as well as sufficient human, financial and technical resources for its effective functioning, and that its composition and activities will be gender-sensitive and will fully address the issue of the promotion and protection of women’s human rights.

National machinery for the advancement of women

7.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 22), please provide information on measures taken to expeditiously strengthen the national machinery, namely the Office for the Development of Women, by providing it with adequate human, financial and technical resources and the authority and decision-making power necessary for it to coordinate and work effectively at the national, regional and international levels and engage in multilateral and global cooperation for the promotion of gender equality and gender mainstreaming. In addition, please provide information on:

(a)The ways in which the current medium-term development plan addresses gender equality;

(b)The use of impact assessments to ensure that the measures taken achieve their goals and targets;

(c)The national strategy to prevent and respond to gender-based violence (2016–2025).

Temporary special measures

8.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 24), please indicate the extent to which all relevant officials have been familiarized with the concept of temporary special measures described in article 4 (1) of the Convention, as interpreted in the Committee’s general recommendation No. 25 (2004) on temporary special measures, and provide information on:

(a)The application of various types of temporary special measures in political, public and professional life where women are underrepresented or disadvantaged, including through the allocation of additional resources where needed, to accelerate the advancement of women;

(b)Measures taken to develop quotas in politics, including national quotas for party lists and representation of women in Parliament.

Stereotypes and harmful practices

9.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 26), please provide information on measures taken to promote the view that culture and tradition are dynamic aspects of the country’s life and social fabric and therefore can be used as a lever of dialogue and transformation to fulfil the obligations under the Convention. Please provide further information on:

(a)Measures taken to modify or eliminate customary practices and stereotypes that discriminate against women, and whether these measures are inclusive at all levels of society, including traditional and religious leaders and in particular women’s organizations;

(b)The use of innovative measures that target young people and adults to strengthen understanding of the equality of women and men, and to work through the educational system, both formal and informal, as well as through the mass media and multimedia platforms to enhance a positive portrayal of women.

Gender-based violence against women

10.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 30), please provide information on the priority given to the enactment and implementation of a comprehensive legal framework addressing all forms of violence against women. This must include detailed information on formal legal remedies and traditional remedial measures, such as apologies to victims of domestic and sexual violence and other forms of violence prohibited under the Convention. Furthermore, please provide the following gender-sensitive information:

(a)Measures taken to ensure that women and girls who are victims of violence have access to immediate and effective legal, health-care and social services, including accessible shelters and safe houses for women and their families;

(b)Measures taken to ensure the prosecution and punishment of custodial violence by officials, including acts of sexual abuse of women and girls;

(c)Training and colloquiums for the judiciary and public officials, in particular law enforcement personnel and health-service providers;

(d)Measures taken to enhance the State party’s data collection efforts and establish a monitoring and evaluation mechanism, including a code of ethics for health-care providers on cases of gender-based violence.

Torture and killings of women and girls accused of witchcraft

11.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 28), please provide information on the prevention of torture and killings of women and girls, especially older women, on the basis of accusations of witchcraft or sorcery, as well as the prosecution and punishment of the perpetrators of such acts so as to eliminate this practice. Please provide further information on:

(a)The status of the law on sorcery and sorcery-related killings and the extent to which the enforcement of relevant legislation has been strengthened;

(b)Concrete measures taken to eliminate torture and killings on the basis of accusations of witchcraft and sorcery and provide information on civil society support and involvement of women’s civil society groups and traditional and religious leaders.

Trafficking and exploitation of prostitution

12.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 32), please provide information on the steps taken to prepare and adopt a comprehensive legislative framework on trafficking in human beings. Furthermore, please include:  

(a)An assessment of the Criminal Code (Amendment) Act 2022, criminalizing most forms of sex trafficking and labour trafficking, more information on the timely prosecution and punishment of traffickers, and information on programmes for victims and any cooperation with countries of origin on measures for the prevention and prosecution of trafficking;

(b)Information and data on the prevalence of the exploitation of prostitution and trafficking, as well as information on any studies and surveys conducted for this purpose and whether they involved any international assistance.

Participation in political and public life

13.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 34), and taking into consideration the current representation of just two women in the national Parliament, please provide information on measures taken, including legislative reforms, to increase the number of women in elected and appointed offices at all levels, and on concrete measures, including financial support and temporary special measures, to increase the representation of women in all spheres of public life. Furthermore, please provide information on:

(a)Measures taken to ensure a free, fair, transparent, equal, inclusive, peaceful and non-violent environment in which women can effectively participate in politics;

(b)Independent election monitoring and security measures during elections and in the electoral process;

(c)Measures taken to implement awareness-raising campaigns on the importance to society as a whole of women’s full and equal participation in leadership positions in all sectors and at all levels, and to empower women in the outer islands so that they can participate effectively in all local, transnational and multilateral initiatives on an equal basis.

Women and peace and security

14.Please provide information on the implementation of Security Council resolution 1325 (2000) and other subsequent resolutions, as well as the measures taken, to ensure women’s participation in conflict resolution and peacebuilding in the State party and the Autonomous Region of Bougainville, including in decision-making processes for conflict resolution and management processes. Please provide data on the participation and leadership of women in the Open Government Partnership National Action Plan (2022–2024).

Post-conflict in the Autonomous Region of Bougainville

15.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 52), please inform the Committee of the steps taken by the Autonomous Region of Bougainville to implement Security Council resolution 1325 (2000) and other subsequent resolutions on women and peace and security. Please provide information on:

(a)Steps taken to engage women in high-level dialogue on women and peace and security since 2019, after the peaceful referendum which was followed by situations of violence, in particular in the Highlands region;

(b)The endorsement of the Bougainville national gender equality, women’s empowerment, peace and security strategy “aimed at addressing gender inequality and women’s rights issues”, and measures taken to enhance women’s participation in track-one and track-two peacebuilding processes and other measures taken to prevent conflict.

Birth registration

16.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 36), please provide information on the steps taken, including awareness-raising programmes, to achieve timely registration of all births and marriages throughout the country, in particular in rural and remote areas, to ensure the equal status of women. Please also indicate measures taken or envisioned to strengthen the civil registration and vital statistics system, and the results of implementing the national civil registration and vital statistics system action plan (2020–2021).

Education

17.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 38), please provide the results of the State party’s 10‑year education plan and the Bougainville education plan (2007–2016) and follow-up action taken to achieve the equal access of all girls to all levels of education, including vocational training and digital literacy. Furthermore, please include information on:

(a)Steps taken and their impact on overcoming traditional attitudes that may constitute obstacles to girls’ and women’s education, the equal access of girls and women to all levels of education and their retention in school;

(b)Measures taken, including monitoring mechanisms, to ensure that pregnant students stay in school during pregnancy and return after childbirth, and progress made by the State party in implementing early pregnancy prevention programmes;

(c)Educational policies on sexual harassment, sexual abuse, gender bias and violence, and remedial measures to prevent violence and abuse against girls in schools;

(d)Safe access to schools, including safe transport, safe dormitories and toilets, and free and safe menstrual products;

(e)State party, multinational and transnational corporation support to bridge the gender digital divide and advance scientific and technological curricula and pedagogy in all locations, including in rural and frontier provinces.

Health

18.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 42), please provide information on concrete measures taken to enhance all aspects of health care for women and girls, including:

(a)Information on reproductive health and rights of women and girls;

(b)Information on mandatory measures taken to disseminate health-care information and services, especially with regard to sexual and reproductive health care, including in the outer islands;

(c)Review of legislation relating to abortion, with a view to removing punitive provisions imposed on women who undergo abortion and preventing unsafe abortion;

(d)Data on the percentage of maternal deaths attributed to unsafe abortions, and information on measures to strengthen and expand the State party’s efforts to prevent teenage pregnancies and sexually transmitted infections, notably by increasing knowledge about family planning, including contraceptives;

(e)Information on comprehensive, youth-friendly sexual and reproductive health-care services, confidence-building programmes and age-appropriate sex education as part of the formal and informal education curricula for girls and boys, and the extent to which these programmes have taken due account of traditions and the physical barriers confronting women in rural areas;

(f)Information on measures taken to eliminate stigmatization of both women who undergo abortion and individuals who assist in abortion.

19.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 44), please provide information on measures taken to address the impact of HIV/AIDS on women and girls, as well as its social and family consequences. Please indicate the progress made in enhancing the State party’s focus on women’s empowerment, including by:

(a)Adopting a gender perspective in its policies and programmes on HIV/AIDS and increasing the role and responsibility of men in all relevant measures;

(b)Undertaking awareness-raising campaigns throughout the State party and among government personnel with regard to prevention, protection and maintenance of confidentiality in order to systemize and integrate approaches for multiple government sectors;

(c)Noting the obstacles encountered and results achieved in taking measures to address HIV/AIDS through the HIV/AIDS Management and Prevention Act (No. 4 of 2003).

Employment

20.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 40), please provide information on the progress made by the State party in ensuring equal opportunities for women in the formal and informal labour market, including in the areas of new technologies and innovation. Furthermore, please provide the following:  

(a)A review of labour legislation on women’s decision-making positions, maternal, paternal, parental and family leave, flexible working arrangements and equal pay for work of equal value;

(b)Information on whether the State party has established a regulatory framework for the informal sector, and any results in terms of women’s access to social protection and benefits;

(c)Information on sexual harassment in the workplace, and legislative and other measures taken to protect women from such harassment.

Rural women

21.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 46), please provide information on measures taken to promote gender equality as an explicit component of national development plans and policies, in particular those aimed at poverty alleviation and sustainable development in rural communities. Please provide further information, with an emphasis on gender-sensitive results and data, on:

(a)Rural women’s participation in decision-making processes and full access to justice, health care, inheritance, education and community services;

(b)Resources, including financial and tax incentives, and credits provided to ensure women’s participation in decision-making processes and access to income-generating opportunities, including access to training, markets, credit and financial technology;

(c)Rural women’s participation in poverty reduction plans and strategies, including fiscal policies, debt restructuring and structural adjustment policies.

Disadvantaged groups of women

22.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 48), please provide a comprehensive report of the de facto situation of underrepresented groups of women, including older women, widowed women, women with disabilities and migrant women, in all areas covered by the Convention, as well as information on specific programmes and achievements. Please also provide information on:

(a)The prevalence of formal and informal fostering/adoption of children, as well as measures taken to protect these children from exploitation;

(b)Specific measures regarding women with disabilities, in particular measures taken to review the national climate compatible development management policy to ensure that it fully protects girls and women with disabilities during evacuation and in accessing food, water, shelter and security in emergencies.

Indigenous women

23.Please provide information on measures to advance the rights of Indigenous women. This information must include the following:

(a)Application of general recommendation No. 39 (2022) on the rights of Indigenous women and girls and the United Nations Declaration on the Rights of Indigenous Peoples to advance the rights of Indigenous women to education, health care and political, economic, social and cultural participation;

(b)Steps taken to regulate the extractive industries in Indigenous territories in order to protect Indigenous women’s livelihoods and the enjoyment of a sustainable ecosystem;

(c)Laws, policies and programmes on the protection of Indigenous women’s rights to their land, territories and natural resources.

Marriage and family relations

24.In view of the Committee’s previous concluding observations (CEDAW/C/PNG/CO/3, para. 50), please provide information on progress made in harmonizing civil, religious and customary laws with article 16 of the Convention in respect to the laws relating to marriage and family relations in order to bring the State party’s legislative framework into compliance with the Convention. Please indicate whether this process has been participatory and inclusive of all stakeholders, including traditional and religious leaders and in particular women from civil society. Furthermore, please include substantive information on: 

(a)Steps taken to raise the minimum age for marriage to 18 years of age for both men and women, in line with international standards, and measures taken to prohibit polygamy, in line with the Committee’s general recommendation No. 21 (1994) on equality in marriage and family relations;

(b)Ongoing reform measures on equality in marriage and divorce and the economic consequences of divorce, including marital property and inheritance.

Additional information

25.Please provide any additional information deemed relevant with regard to legislative, policy, administrative and other measures taken to implement the provisions of the Convention and the Committee’s concluding observations (CEDAW/C/PNG/CO/3) since the consideration in 2010 of the State party’s previous periodic report (CEDAW/C/PNG/3). Such measures may include recent laws, developments, plans, programmes and ratifications of human rights instruments, as well as any other information that the State party considers relevant. Please also provide information on measures taken to integrate a gender perspective into all efforts aimed at achieving the Sustainable Development Goals. Please note that, further to the issues raised in the present document, the State party will be expected, during the dialogue, to respond to additional questions relating to areas covered by the Convention.