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Juvenile justice in Papua New Guinea
Papua New Guinea (PNG) has a population of 6.8 million, nearly half of which is under 18 years of age.〔() UNICEF – At a glance: Papua New Guinea, Statistics, (Retrieved 30 April 2012).〕 Public trust in the justice system has been eroded, and the country’s significant crime problem exacerbated, by brutal responses from police against those they suspect of having committed offences, and the routine violence, abuse and rape carried out by police against persons, including children, within their custody.〔() Human Rights Watch, “Still Making Their Own Rules: Ongoing Impunity for Police Beatings, Rape, and Torture in Papua New Guinea, 30 October 2006.〕 Many incidents are cases of opportunistic abuses of power by police instead of their following official processes. While a raft of measures have been assembled in order to improve conditions and processes for youths within the justice system, their success has been hampered by a severe lack of implementation, insufficient resources, and failure to impose appropriate penalties on authorities for failure to adhere to their provisions.
==International legal obligations==
The Convention Against Torture (CAT) and the International Covenant on Civil and Political Rights (ICCPR) work to prohibit torture and cruel, inhuman, or degrading treatment and punishment. Many abuses that children in PNG have been subjected to amount to “torture” which is defined in CAT to mean any act where severe pain or suffering, (physical or mental), is inflicted by a state official or with their consent or acquiescence, for a purpose such as obtaining a confession or information, punishment, intimidation or coercion.〔UN Convention Against Torture, Article 1.〕 PNG ratified the ICCPR in 2008 but has not yet ratified the CAT, however the prohibition against such treatment is widely regarded to have attained the status of a ''jus cogens'' norm meaning that it is a binding norm of customary international law from which states are not permitted to derogate.〔() Human Rights Watch, "Making Their Own Rules: Police Beatings, Rape and Torture in Papua New Guinea, 31 August 2005, at 49-54.〕〔() Universal Declaration of Human Rights, Article 5 “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.〕
Pursuant to the United Nations Convention on the Rights of the Child, which PNG ratified in 1993, a child has a right to protection from “all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.”〔() United Nations Convention on the Rights of the Child, Article 19(1).〕 Article 37 prohibits the subjection of children to “torture or other cruel, inhuman or degrading treatment or punishment”.〔() United Nations Convention on the Rights of the Child, Article 37(a).〕 It further states that arrest, detention or imprisonment of children should only be used as a last resort for the shortest appropriate time, that children should be separated from adults, and that children deprived of their liberty must have the right to prompt access to legal assistance.〔() United Nations Convention on the Rights of the Child, Article 37(b)-(d).〕
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