Papua New Guinea

Overview

The mainland of Papua New Guinea together with its six hundred other islands is 463,000 square kilometers in size (slightly larger than the US state of California). Most of the people are Melanesian, but some are Micronesian or Polynesian. There are over seven hundred language groups, reflecting the diverse origins of the people. English, Tok Pisin (Pidgin), and Motu (the lingua franca of the Papuan region) are the official languages.

The spectrum of Papua New Guinean society now ranges from traditional village-based life, dependent on subsistence and small cash-crop agriculture, to modern urban life in the main cities of Port Moresby (capital), Lae, Madang, Wewak, Goroka, Mt Hagen, and Rabaul.

Government

Papua New Guinea is a constitutional parliamentary democracy. The Head of State is H.M Elizabeth II. There is a unicameral National Parliament (109 seats, 89 filled from open electorates and 20 from provinces and national capital district; members elected by popular vote to serve five-year terms); constitution allows up to 126 seats.

Historically, there has been a high turn-over of parliamentarians at general elections in PNG. In 2002, for example, around 80 per cent of sitting members lost their seats. Up to and including the June 2002 general election, members of parliament were elected on a first-past-the-post basis and they frequently won with less than 15 per cent of the vote. After the 2002 election a system of limited preferential voting was introduced, under which voters are required to list a first, second and third preference.

At national elections held in June and July 2007, incumbent Prime Minister Sir Michael Somare’s National Alliance party won the highest number of seats (27 out of 109).  At its first sitting, on 13 August, the new Parliament elected Sir Michael Somare as Prime Minister for another term.

Demography

The population of Papua New Guinea is estimated to be 5,795,887. Thirty-eight per cent of the population are aged fourteen years or under with the median age being twenty-one years. Fifty-seven per cent of the population over the age of fifteen are literate. Melanesian Pidgin serves as the lingua franca and English is spoken by one to two per cent of Papua New Guineans. Motu is spoken in Papua. There are in total 820 known indigenous languages spoken in Papua New Guinea (which is over one-tenth of the world's total).

Economy

Thirty-seven per cent of Papua New Guinean’s live below the poverty line and GDP per capita is US $2,700. Papua New Guinea is rich in natural resources, but exploitation is constrained by topography and the high cost of developing infrastructure. Agriculture provides a subsistence livelihood for the vast majority of the population. Mineral deposits, including oil, copper, and gold, account for nearly two-thirds of export earnings. Socio-cultural challenges include a worsening HIV/Aids epidemic and chronic law and order and land tenure issues. Australia annually supplies US $240 million in aid, which accounts for nearly 20 per cent of the national budget.

Legal System

Court structure and the legal system

The Supreme Court, National Court of Justice, District Courts (Magisterial Service) and local and village courts form the independent justice system.

The Supreme Court is the supreme court of record. The National Court sits in all provincial and other major centres. Wherever there is a resident judge there is the National Court. Where there is no resident judge, the National Court sits when it makes its circuit to that area. The Magisterial Service administers, manages and sustains the operation of 70 District Court establishments and 400 Court Sitting (Circuit Court) locations throughout the country. The District Courts provide a mechanism for the administration of justice and the resolution of disputes. Our stakeholders and the people of Papua New Guinea expect that this system of justice will be accessible, effective and affordable. Village Courts operate in over 80 per cent of Papua New Guinea and provide an inexpensive, readily available means by which ordinary people can seek justice. It is estimated that 13,000 officials conduct 1,100 Village Courts, hearing about half a million cases every year.

Judiciary

The Supreme Court consists of the Chief Justice, Deputy Chief Justice and other full time judges. A sitting of the Supreme Court constitutes three or five judges. Full time citizen judges are appointed for a 10-year period. Full time non-citizen judges are appointed for a three-year term (appointments may be renewed or extended). Acting judges can be appointed for up to a 12 months.

The Judges of the National Court are the same as the judges for the Supreme Court. One judge constitutes a National Court.

The head of the Magisterial Service (District Courts) is the Chief Magistrate.

Custom and the influence on the legal system

Village courts operate under the Village Courts Act 1989 (passed in 1974) and the principal purpose is to maintain harmony within the community through mediation and application of customary law.