Laying cement on mud

The parliament of Papua New Guinea has responded to a spate of globally publicized crimes, including several involving the horrendous torture and murder of women, with legislative amendments. In the same session that the Sorcery Act, which provided a defence for violent attacks on suspected sorcerers, was repealed, the parliament decided that the death penalty should apply to a longer list of crimes. This situation was described by Amnesty International as:

‘…one step forward in protecting women from violence by repealing the Sorcery Act, but several giant steps back by moving closer to executions.’

Death by hanging has been legal in Papua New Guinea since 1991 but no executions have been carried out since 1954, when the country was under Australian administration. The new law means that the death penalty can now be handed down for sorcery-related murder, aggravated rape and even robbery. The methods of execution have also been expanded to include, lethal injection, electrocution, firing squad and ‘medical death by deprivation of oxygen’.

While most can empathise with the emotions that drive measures like the death penalty, it is clear no good can come of this. PNG’s new laws, to borrow an idea expressed in some parts of the country, are ‘like laying cement on mud’. At first glance, such laws may appear to be strong to some in the community, but the truth is that the necessary foundations of a sound security infrastructure and justice system simply don’t exist in Papua New Guinea.

Weak –in many cases, nonexistent– law enforcement in critical areas including policing and correctional services has compromised the implementation of otherwise valid and existing laws that could have dealt historically with the incremental breaches of social order. PNG police are underfunded, undertrained and ill-equipped to deal with the challenges they are confronted with. There is in fact a growing culture of arbitrary, violent punishment and a ‘cowboy’ mentality pervading the force and police in many cases, appear to be adding to law and order problems, rather than contributing to solutions.

Another issue not being sufficiently addressed is the public’s tendency to rely foremost on out of court settlements for major issues. Called ‘bel kol’, it is an increasingly commercialised ceremony that tends to obviate the legal obligation to report criminal behaviour. The temptation to avoid official systems is understandable given the circumstances, but there is a need for matters to go through the courts so that criminal law can continuously reflect the evolution of PNG society. Therefore, better policing and effective application of evidentiary rules are necessary if PNG hopes to improve the judicial process and pass down appropriate sentencing.

Another challenge in PNG relates to the dramatic increase in the number of security firms in the country. Such firms are not required to meet state-sanctioned, exhaustive security clearance processes before operating and often end up becoming an alternative to state power. Personnel from the most well known security firms are usually more heavily armed than police and benefit from clearer working structures than state law enforcement agencies. Armed private guards patrol even key government installations and increasingly displace what might usually be the traditional role of police, subverting the state’s monopoly on the use of force. Ordinary people are increasingly reporting criminal activities and other incidents to these private actors, leading to jurisdictional confusion.

Payback

The death penalty has never been shown to work in developed societies and in a country with such a weak security infrastructure, its implementation will prove to be not only outright dangerous for wrongly convicted citizens, but detrimental to social cohesion more broadly. In a country where payback is almost part of the custom, the death penalty significantly increase the risk of social conflict and threatens to undermine the already fragile social contract that exists between the government and the people. In the wake of reporting on the new laws, PNG’s most popular Facebook group, Sharp Talk, is rife with suggestions that judges handing down death sentences would essentially be sentencing themselves to the same.

Improving a tarnished global image?

The barrage of domestic commentary and international press surrounding a string of brutal murders and assaults in PNG put significant public pressure on the government. These sentencing changes were hastily passed, largely to give an impression of taking decisive action. But the legislation did nothing to improve PNG’s public image at a time when countries around the world are edging away from capital punishment.

It will be interesting to see how Australia, having recently signaled moves to increase support to PNG’s police and justice system, will react to the new laws. In 2007, following the Nuku’alofa riots, Australia refused to hand over autopsy reports to Tongan investigators, citing concerns about the possible imposition of the death penalty on suspects. It would be short sighted though, for Australia to use the new laws as an excuse to limit assistance to PNG’s police at a time when they probably need it most.

What now?

Now more than ever, the RPNGC (Police), PNGCIS (Corrections), judicial clerks and other officials in the law and justice sector should be re-trained and/or replaced with heavily screened, security checked candidates – even at the most basic ranks. The screening of candidates for law enforcement and related public service roles must include checks on whether or not the individuals have: a criminal record, an obvious conflict of interest (political, business, legal etc.), a history of unethical behaviour, and so on.

State supported incentives to attract and support personnel must also be given prominence. Employee entitlements from the entry level and up for the corrective services, judicial and legal offices, as well as the police academy, must be upgraded to reflect the importance that the state places on those with significant power –and consequent responsibilities– with the well-being and security of the people. These and other initiatives will help increase the capacity of institutions to carry out their work and consequently their legitimacy. While such guidelines might appear aspirational, following them would be beneficial, and could certainly result in more significant gains than the promise of making capital punishment more common.