Papua New Guinea
Papua New Guinea has a dedicated counterterrorism law dating back to 1993. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
The 1993 Internal Security Act defines terrorism as "the use of violence for political ends or any use of violence for the purpose of putting the public or any section of the public in fear".
Adherence to Global and Regional Terrorism Treaties
Papua New Guinea is a State Party to most of the main United Nations treaties on terrorism.
Treaty | Adherence |
---|---|
1973 Convention on Crimes against Internationally Protected Persons | State Party |
1979 Hostage-Taking Convention | State Party |
1997 Terrorist Bombings Convention | State Party |
1999 Terrorist Financing Convention | State Party |
2005 Nuclear Terrorism Convention | State not party |
There is currently no regional terrorism treaty to which Papua New Guinea can adhere.
Laws and Penalties for Terrorist Offences
Under the 1993 Internal Security Act, a person who
(a) manufactures, imports, stockpiles, buys, sells, leases, gives or uses arms or equipment for the purposes of; or
(b) practises, encourages, supports or advocates; or
(c) is knowingly concerned in the arrangements for securing the entry into the country, or into any part of the country, of a person whom he knows or has reasonable grounds for believing is likely to engage in; or
(d) knowingly harbours a person whom he knows or has reasonable grounds for believing is or has been engaged in, terrorism, is guilty of an offence.
The penalty for the commission of a terrorist offence is imprisonment for up to 14 years.S. 3, 1993 Internal Security Act.
Counterterrorism Capacities and Policies at Domestic Level
Under the Constitution of Papua New Guinea:
No person shall be deprived of his life intentionally except ... as the result of the use of force to such an extent as is reasonable in the circumstances of the case and is permitted by any other law– ... for the purpose of suppressing terrorism.S. 35(1)(b)(v), Constitution of Papua New Guinea.
The 1993 Internal Security Act contained provisions on terrorism that vested a broad range of restrictive powers in the National Executive Council.