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Papua New Guinea's serious crime problem is being metwith a violent police response. Children, who make up nearly half of thecountry's some 5.6 million people, are especially vulnerable. The experience ofSteven E. reflects that of many children at the hands of the Royal Papua NewGuinea Constabulary, the country's police force. Brutal beatings, rape, andtorture of children, as well as confinement in sordid police lockup, arewidespread police practices. Although even high level government officialsacknowledge this, almost nothing has been done to stop it.
Girls often are subjected by police to sexual abuse,including rape-frequently pack rape (gang rape, also described as "lineupsex"). Because girls are rarely charged, tried, and sentenced, their contactwith the police often goes formally unrecognized. Girls and women told us aboutrapes in police stations, vehicles, barracks, and other locations. Somedescribed seeing police rape girls vaginally and orally, sometimes usingobjects such as beer bottles. Alice O. recounted being stopped on the highlandshighway with her friends when she was fourteen or fifteen years old:
Alice O. did not claim that she was raped. But, as shedescribed, girls and women are often detained briefly by police on pretextualgrounds, raped, and then released without ever being taken to a police station.If they are taken to the station, they are at risk of being raped at thestation.
Police abuse of children and members of marginalized groups,including rape and other crimes of sexual violence, is not only a problem inand of itself: it may also fuel Papua New Guinea's burgeoning AIDS epidemic.Experts believe that at least 80,000 people-almost 2 percent of the population,the highest rate in the South Pacific region-are living with HIV in Papua New Guinea.By 2010, experts predict, at least 13 percent of the population may beHIV-positive. AIDS has been the leading cause of death in Port Moresby GeneralHospitalsince mid-2001.
Papua New Guinea's international legal obligationsprohibit torture; cruel, inhuman, or degrading treatment or punishment; rape;and sexual assault. International law also requires that children be detainedonly as a measure of last resort, for the shortest appropriate period of time.When they are detained, children must be provided adequate medical care and beseparated from adults. In addition, the United Nations (U.N.) has developed aseries of principles and minimum rules on the use of force by law enforcementofficials and the detention of children that inform the interpretation ofcountry's obligations under international law. Papua New Guinea's law reflectsmany but not all of these principles.
Any serious effort to stop police violence, including severebeatings, rape, and torture of children, must include three key components:public repudiation of police violence by officials; criminal prosecution ofperpetrators; and ongoing, independent monitoring of police violence.Suggestions of immediate steps that Papua New Guinea authorities cantake in each area are outlined below.
Basic statistics about children in conflict with the law arenot collected, and those that are available are not considered reliable. Offensesreported by government officials range from pickpocketing and loitering to bankrobbery, rape, and murder.
As explained in the section below on rape, the low number ofgirls and women actually charged with and convicted of crimes obscures the factthat many more women and girls come into contact with police. Victims of policeviolence, including sexual violence, may never show up in police records andmay justifiably fear retaliation from police and stigmatization from theircommunities if they report the abuse.
Police violence against girls occurs in a context ofwidespread violence against women and girls.(Indeed, both boys and girls in Papua New Guinea face violence from sources otherthan police.)Papua New Guinea reported to the Committee on the Rights of theChild in 2002 that "[g]ender discrimination is universal in Papua New Guinea, and begins atbirth. . . . There is a high incidence of reported and unreported rape and pack[gang] rapes in Papua New Guinea and a widely held fear of potentialsexual assault on girl children." The lowstatus of girls and women is also reflected in discrimination against them ineducation, health care, and access to paid employment; heavy unpaid workloads;polygamy; and poor access to justice.For example, as explained below,policeoften refuse to respond to complaints of sexual or domestic violence orsometimes demand sex from victims.
According to the Juvenile Courts Act, children ages seven toseventeen who are not charged with homicide, rape, or another offensepunishable by death or life imprisonment must be tried in juvenile courts, thefirst of which began operating in September 2003.As of June 2005, seven juvenile courts were operating in some capacity in thecountry. Accordingto a member of the Juvenile Justice Working Group, the committee hopes to havejuvenile courts in all nineteen provinces by the end of 2005.
Violence is a routine part of policing in Papua New Guinea.In interviews with Human Rights Watch,children reported being severely beaten, shot, burned, and cut by police.Children also face rape and other forms of sexual abuse by police. In a numberof instances, victims described treatment by police that constitutes torture.
Although both children and adults who come into contact withpolice are at risk, children are especially vulnerable. We heard mixed reportsabout whether police are more likely to use violence against children thanadults, but those we interviewed who worked directly with children in conflictwith the law told us that they were-that police could more easily intimidatechildren, that they viewed teenage boys as "raskols," and that they sought outgirls and young women for rape.
Drawing on interviews with dozens of children, this chapterfirst details the types of police abuse that children face-including beatings,rape, and other serious crimes. It then examines the situation of childrenparticularly vulnerable to such abuse. The final section sets forth applicablelegal standards, demonstrating that many children in Papua New Guinea are subjected totorture and other forms of inhumane treatment unambiguously outlawed under bothdomestic and international law.
Girls and sometimes boys are vulnerable to sexual abuse bypolice. In interviews with Human Rights Watch, girls and women told us aboutrapes, including pack rape, in police stations, vehicles, barracks, and otherlocations. In some cases, police carried out rapes in front of witnesses. Witnessesdescribed seeing police rape girls and women vaginally and orally, sometimesusing objects such as beer bottles. Girls and women who are street vendors, sexworkers, and victims reporting crimes to police, as well as boys and men whoengage in homosexual conduct, appear to be especially targeted.
So many women arearrested by police. They end up in jail and have some personal contact withpolice. I should say rape. We cannot help ourselves. . . . Especially the veryyoung girls. They have to give themselves. It cannot be helped. They arescared. Women are the worst affected by the police.
As in many parts of the world, rape and sexual abuse carrystigma for the victim and few services for victims are available; theseproblems also contribute to abuses going unreported.Staff of an NGO that works with sex workers in Port Moresby told us: "If someone is known tosell and they are in custody, they will be raped and nobody is going to talkabout it."
Given these difficulties, Human Rights Watch did notinterview any girls who said they were raped themselves. However, we didinterview people who said they witnessed girls' rapes. We also reviewed writtenstatements made by girls shortly after police raped them and interviewedmedical professionals and social workers who had provided professionaltreatment to victims.
Police often detain girls and women on pretextual grounds,rape them, and release them without ever taking them to the police station; insome cases police demand sex in exchange for release."They never take us to the station and charge us," explained anineteen-year-old woman who later said she had witnessed police rape others."They take us to the bushes and forcefully have sex with us." Apoliceman in Goroka told an NGO/UNICEF researcher in 2004 that it is common fornight duty police to threaten young women in police custody with long prisonsentences "unless they agree to let the police take turns having intercoursewith them." He alsoadmitted that police often offer lifts to young girls on the roadside and rapethem:
Misibel P. described witnessing police officers rape hersixteen-year-old half-sister in September 2004.The Tuesday before we interviewed her, she said, at around 7 p.m., she and hersister were selling betel nut and cigarettes with a group of vendors in Gorokawhen a police car came and chased them: 350c69d7ab