Gay Travel Advisory

Papua New Guinea

Criminal Code of 1974

Sources
  1. Text of the law is available at: http://www.paclii.org/pg/legis/consol_act/cca1974115/

Legal Code Text

"Section 210 - “A person who: (a) sexually penetrates any person against the order of nature; or (b) sexually penetrates an animal; or (c) permits a male person to sexually penetrate him or her against the order of nature, is guilty of a crime. Penalty: Imprisonment for a term not exceeding 14 years. A person who attempts to commit an offence against Subsection (1) is guilty of a crime. Penalty: imprisonment for a term not exceeding seven years.”

Section 212 - “A male person who, whether in public or private: (a) commits an act of gross indecency with another male person; or (b) procures another male person to commit an act of gross indecency with him; or (c) attempts to procure the commission of any such act by a male person with himself or with another male person, is guilty of a misdemeanour. Penalty: Imprisonment for a term not exceeding three years.”"

ILGA Analysis & Notes

In its 1st cycle UPR in June 2011, Papua New Guinea rejected two recommendations to decriminalise sexual relations between consenting adults of the same sex, and one to include “sexual orientation and gender” in non-discrimination legislation. In its 2nd cycle UPR in July 2016, Papua New Guinea did not accept five SOGI related recommendations, four of which referred to the decriminalisation of same-sex sexual activity, and included a footnote explicitly stating that “LGBT [sic] is currently not a priority of the Government” (see fn. 53). During the interactive dialogue, the delegation stated that the rights of lesbian, gay, bisexual, transgender and intersex persons, “needed to be understood by the population” and that a “national consultation process was required in order to address the issue in a comprehensive way”. Kapul Champions, the first local registered gay, bisexual and transgender human rights NGO in the country came into being in 2013 and, in 2015, it submitted its own report for the UPR. The organisation indicated that former Member of Parliament, Dame Carol Kidu, described gay Papua New Guineans as being forced to live lives of secrecy, calling —unsuccessfully— on the government to decriminalise ‘homosexuality’. The report also shows that Prime Minister Peter O’Neill stated that there were ‘strong feelings’ against ‘homosexuality’ in the country, which was “yet to accept such sexual openness”. Other civil society organisations submitted information on SOGI issues, namely Kaleidoscope Trust and the Sexual Rights Initiative, focusing on criminalisation, discrimination, access to justice, health services and employment regarding LGBTI people, and Human Right Watch, with regard to the plight of gay asylum seekers in Papua New Guinea. Regarding actual enforcement of laws criminalising same-sex sexual relations, Kaleidoscope Trust reported that in March 2015, Malalaua district resident Mr Joe Sevese was prosecuted and pleaded guilty to indecent acts between males (see State v. Sevese at 2). In that matter, the sentencing judge found that “homosexual acts or this type of behaviour is quite prevalent in society” despite the lack of reported cases, and sentenced the accused to a suspended sentence, mandatory counselling and community work.

Sections 210 and 212 of the Criminal Code (1974) remain in force (up to 14 and 3 years respectively). Prime Minister James Marape publicly reaffirmed in 2023 that no decriminalisation or LGBTQI-rights legislation was under government consideration.