Guardians of the Forest: Addressing Human Rights Challenges for Indigenous Peoples in Papua New Guinea
Report Prepared By: Global Human Rights Taskforce President & Court Magazine Special Rapporteur Joseph Bonner
Date: Sunday, Oct 27, 2024
The forests of Papua New Guinea (PNG) are not only biomes of immeasurable ecological wealth but also the lifeworlds of Indigenous peoples who have thrived in these environments for millennia. The indigenous communities in PNG, comprising more than 800 distinct groups, maintain rich cultural heritages and deep spiritual connections to their ancestral lands. However, these communities face profound human rights challenges as their territories become increasingly threatened by industrial logging, mining, and agricultural expansion, often without their consent or adequate compensation.
As the Special Rapporteur on the Rights of Indigenous Peoples, I present this report to highlight the pressing human rights concerns impacting Indigenous communities in Papua New Guinea. This report draws attention to the need for immediate action to uphold the rights of Indigenous peoples as enshrined in international human rights law, particularly in relation to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Context and Background
Papua New Guinea is endowed with vast natural resources and teeming biodiversity, recognized as a global hotspot for biodiversity. Indigenous peoples have lived in harmony with this rich environment, practicing sustainable land management and utilizing their traditional ecological knowledge. However, external pressures stemming from globalization, industrial exploitation, and inadequate governmental protections for Indigenous rights threaten both their cultures and livelihoods.
In recent years, the PNG government has pursued economic policies that favor resource extraction, often prioritizing foreign investment at the expense of Indigenous rights. This has led to the disintegration of land tenure systems based on traditional ownership, escalating land disputes, forced evictions, and the violation of Indigenous peoples' rights to comprehensive consultation, autonomy, and self-determination.
Finally, Witch burnings in Papua New Guinea, particularly prevalent in remote regions, stem from deeply rooted cultural beliefs and societal tensions, often targeting women accused of witchcraft as scapegoats for personal misfortunes or community calamities. These brutal acts, involving severe violence and sometimes culminating in murder, raise significant human rights concerns, highlighting the failure of local authorities and the national government to protect vulnerable populations and uphold the rule of law. Despite various reports from human rights organizations and advocacy groups, these incidents are frequently overlooked, with governmental responses being minimal or ineffective, thereby perpetuating a dangerous cycle of violence and impunity that undermines fundamental human rights and dignity in these communities.
Human Rights Violations and Challenges
1. Land Rights Violations
The Indigenous peoples of Papua New Guinea have a profound cultural, and physical connection to their land. Unfortunately, this connection is undermined by continuous encroachment from logging companies and agricultural developers. Many Indigenous communities report being displaced from their territories, often without prior informed consent—a violation of their rights under Article 32 of UNDRIP, which states that Indigenous peoples have the right to give or withhold their free and informed consent prior to the approval of projects affecting their lands.
2. Lack of Participation
Another significant challenge is the exclusion of Indigenous voices in decision-making processes that affect their lives and lands. Article 18 of UNDRIP recognizes that Indigenous peoples have the right to participate in decision-making in matters that affect their rights. Despite this, many Indigenous communities in PNG find themselves sidelined in local and national policymaking, leaving them voiceless in matters concerning development projects, environmental management, and resource exploitation.
3. Environmental Degradation
The rampant logging and mining activities have dire consequences for both the environment and the livelihoods of Indigenous peoples. The consequences of deforestation and land degradation can be devastating, including loss of biodiversity, alteration of water systems, and disruption of traditional practices reliant on natural resources. This degradation is in direct violation of Article 29 of UNDRIP which underscores the right of Indigenous peoples to protect the environment and the integrity of their land.
4. Violence and Intimidation
Witch burnings in Papua New Guinea (PNG) represent a grave violation of human rights, specifically contravening the Universal Declaration of Human Rights (UDHR), which affirms the right to life, liberty, and security of person (Article 3) and prohibits torture or cruel, inhuman, or degrading treatment or punishment (Article 5). Additionally, these acts violate the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which mandates the protection of women from violence (Articles 1-3). In numerous instances, women accused of witchcraft in PNG have been subjected to horrific violence, including brutal killings, as seen in the 2016 case of Kepari Leniata, who was burned alive after being falsely accused of witchcraft. The government's failure to protect women from such violence and discrimination highlights a significant breach of these human rights obligations, reflecting a broader pattern of impunity and inadequate legal protection against gender-based violence.
Despite various laws intended to protect individuals from violence and discrimination, the PNG government has often failed to enforce these provisions effectively. The lack of legal action against those responsible for witch hunts not only emboldens perpetrators but also sends a message of neglect to vulnerable populations, particularly women. Instances like the 2013 killing of a woman in the Eastern Highlands underscore this systemic failure, where local authorities did little to intervene or prosecute the offenders. This ongoing neglect demonstrates a serious dereliction of duty by the state to safeguard the rights and dignity of its citizens, particularly women accused of witchcraft, undermining the foundations of human rights law in the region.
5. Socioeconomic Marginalization
The economic benefits of resource extraction rarely flow to Indigenous communities. Instead, these groups often face escalating poverty, inadequate healthcare, and limited access to education. Such socioeconomic deprivation contradicts Article 11 of the ICESCR, which guarantees the right of everyone to an adequate standard of living, including adequate food, clothing, and housing.
Legal Framework and Recommendations
Papua New Guinea is a State Party to critical international human rights instruments; however, the implementation of these treaties remains inconsistent. The following are recommendations aimed at strengthening the enforcement of human rights norms and protecting the rights of Indigenous peoples:
1. Ensure Free, Prior, and Informed Consent (FPIC)
It is imperative for the government of PNG to establish robust frameworks requiring FPIC before any development project is approved on Indigenous lands. This adherence to international norms is critical to recognizing the autonomy and self-determination of these communities, as articulated in Article 19 of UNDRIP.
2. Promote the Participation of Indigenous Peoples in Governance
Inclusivity in governance requires not only the acknowledgment of Indigenous rights but also their active participation in the decision-making processes that affect their lives. The government should ensure that Indigenous representatives are included in environmental committees, land-use planning, and policy development in consultation with Indigenous communities.
3. Implement Environmental Protections
Encourage sustainable land-use practices and policies that prioritize environmental protection, in line with Article 29 of UNDRIP. This includes promoting agroecology and other sustainable economic practices that fortify Indigenous livelihoods while safeguarding ecological integrity.
4. Address Violence Against Indigenous Peoples
The PNG government must implement measures to protect Indigenous communities from violence and intimidation linked to land rights claims and development projects. This may involve establishing accessible complaint mechanisms, ensuring law enforcement accountability, and providing protections for community leaders who advocate for human rights.
5 Strengthen Socioeconomic Support Programs
The PNG government should establish socioeconomic programs explicitly targeting Indigenous communities to address poverty, healthcare disparities, and education deficits. This is in alignment with the obligations under the ICESCR.
Conclusion: Call to Action
The human rights of Indigenous peoples in Papua New Guinea are at a pivotal moment. It is essential for the global community—comprising governmental institutions, non-governmental organizations, and civil society—to unite in advocating for the recognition, promotion, and protection of Indigenous peoples' rights as stewards of the forest. Additionally, there must be a concerted effort to safeguard women from senseless violence, with a strong call for the government to take decisive action to protect them.
Call to Action:
1. For the Government of Papua New Guinea: Implement legal frameworks that protect Indigenous land rights, mandate FPIC, and include Indigenous voices in governance.
2. For Civil Society: Mobilize awareness campaigns highlighting the struggles of Indigenous communities, demanding accountability from the government and corporations engaged in resource extraction.
3. In light of the alarming prevalence of witch burnings in Papua New Guinea, it is imperative that the government takes immediate and decisive action to eliminate this heinous practice, which stands in stark violation of international human rights laws. The time has come for PNG to affirm its commitment to protecting the dignity and safety of all its citizens, particularly vulnerable women and children who are disproportionately targeted by these acts of violence. We call on the government to enact and rigorously enforce stringent laws against witch hunts and related abuses, ensure accountability for perpetrators, and launch comprehensive education and awareness campaigns to dismantle the cultural stigmas that fuel such atrocities. By taking these crucial steps, Papua New Guinea can not only uphold its international obligations but also pave the way for a more just, equitable, and peaceful society.
3. For the International Community: Provide support to Indigenous-led initiatives aimed at protecting their rights and ecosystems, and hold PNG to its commitments under international human rights laws.
Through cooperation and commitment, we can work towards a future where the voices, rights, and livelihoods of Indigenous peoples are not only recognized but celebrated as vital to the well-being of humanity and the planet. The forests of Papua New Guinea, the ancestral lands of its Indigenous peoples, must remain protected, for they are their past, their present, and indeed, the key to a sustainable future for all.
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