Legal framework on freedom of religion and actual application
The Independent State of Papua New Guinea (PNG) includes the eastern half of the island of New Guinea and some offshore islands in Melanesia. It is one of the most culturally diverse countries in the world, with some 850 known languages. Most of its inhabitants live in traditional rural communities. Only 18 percent of the population lives in urban areas. Christian missionaries first arrived in the second half of the 19th century. The territory was divided between various missionary groups, leading to the current denominational differences among the population.
A June 2020 article by the National Research Institute of Papua New Guinea analysed the constitutional status of Christianity in PNG. The Preamble to the Constitution pledges “to guard and pass on to those who come after us our noble traditions and the Christian principles that are ours now.” While this reference to “Christian principles” would suggest that Christianity is constitutionally privileged to some extent, Article 45 (1) recognises other religions and grants religious freedom to those who practise them. Moreover, the Constitution does not explicitly make Christianity the state religion, nor does it formally establish or subsidise any of the country’s Christian churches. Furthermore, under Article 55 (1), all citizens have “the same rights, privileges, obligations and duties”, regardless of their religion.
According to Article 45 (1), the right to freedom of religion includes the “freedom to manifest and propagate” one’s “religion and beliefs in such a way as not to interfere with the freedom of others”. Article 45 (3) also states: “No person is entitled to intervene unsolicited into the religious affairs of a person of a different belief, or to attempt to force his or any religion (or irreligion) on another”. The right to religious freedom may, under Article 303 (1, a), be restricted by law in the interests of “defence”, “public safety”, “public order”, “public welfare”, “public health”, “the protection of children and persons under disability”, as well as “the development of underprivileged or less advanced groups or areas.” This right may not be subject to a derogation under emergency laws.
Foreign missionaries and other religious workers may apply for visas to enter the country under the “special exemption category” provided they are not engaged in “business activities” on behalf of their Church (in which case they would require a different type of visa). Applicants need a letter of sponsorship from a religious organisation within Papua New Guinea and must pay a small application fee. These visas are valid for three years. There are no reports of visa applications being refused.
The Associations Incorporation Act of 1966 requires all non-governmental organisations and institutions to register with the government. This enables them to own property, benefit from limited liability, and qualify for certain tax exemptions. However, the government does require religious groups to register if they want a bank account and own property in their own name. If they want to be exempted from income tax or import duties, they must apply with the Internal Revenue Commission and the Department of Treasury.
The Papua New Guinea Council of Churches (PNGCC) is an ecumenical organisation founded in 1965. Its member churches include the Roman Catholic Church, the Evangelical Lutheran Church, the United Church, the Anglican Church, the Baptist Union, the Salvation Army and the Gutnius (“Good News”) Lutheran Church. It also has a large number of associate members. Papua New Guinea’s Seventh-day Adventists and Pentecostals are not members. The PNGCC promotes dialogue between members, sponsors social welfare projects, and occasionally intervenes in public debates.
Churches in Papua New Guinea provide more than half of the country’s health and educational services. Public schools offer religious courses taught by representatives of various Christian Churches, from which students may be exempt upon parental request.
Papua New Guinea celebrates the following Christian festivities as national holidays: Good Friday, Holy Saturday, Easter, Easter Monday, and Christmas. The National Day of Repentance on 26 August is also a public holiday. Official public events often open and close with a Christian prayer.
Incidents and developments
In April 2021, the Constitutional and Law Reform Commission (CLRC), in conjunction with the Department of Community Development and Religion, finalised a constitutional amendment that would define Papua New Guinea as a Christian nation. This process commenced with the launch of a nationwide survey mandated by Prime Minister James Marape, who declared that, “In our nation of a thousand tribes, I believe Christianity can bind us together as one nation.” This amendment attracted the opposition of not only minority religious groups but also some Christian organisations. Opponents contend that religion should be a matter of personal decision and interpretation and, furthermore, that the amendment “would take these values to a whole other level that could be rippled through the courts, police, [and] even the business of all things.”
On 20 January 2022, the National Parliament of Papua New Guinea voted to abolish the death penalty. Prime Minister Marape cited Christian values and the biblical commandment that “thou shalt not kill” as the principles driving the decision. The abolition of capital punishment also received strong support from the Catholic Bishops’ Conference of Papua New Guinea and the Solomon Islands. Additionally, Justice Minister Bryan Kramer noted that the state did not have the “necessary administrative mechanisms and infrastructure” to apply the death penalty in a humane way.
A visit to the country by Pope Francis was postponed due to the COVID-19 pandemic but is expected to take place given that Virgilio do Carmo da Silva was named Cardinal for Indonesia, Timor Leste, and PNG on 27 August 2022.
Along with other Pacific nations, Papua New Guinea is increasingly caught in a geopolitical tug-of-war between China, on the one hand, and the United States and Australia, on the other. In one sense, nations such as Papua New Guinea sometimes benefit from the tension because they receive financial assistance from China to accelerate the improvement of infrastructure, as well as to support low-cost projects that promote better farming mechanisms and techniques. From Australia, they have benefited from increased aid to manage the effects of climate change, giving the nation significant advantages. However, China’s growing influence on the country’s politics may negatively impact fundamental freedoms, including religious freedom.
Prospects for freedom of religion
There is little government regulation of religion in Papua New Guinea, and the government partners with Christian Churches to provide health care services and education. However, the proposal approved by the cabinet to amend the Constitution to formally declare PNG a Christian state is a cause for concern.
While this has not yet been formalised, such a change could undermine Papua New Guinea’s constitutional framework that upholds religious freedom and the principle of non-discrimination. It could also encourage intolerance towards non-Christians at the societal and cultural levels.
In other areas, attacks on individuals accused of sorcery and witchcraft, especially women, remain a worrying form of violent persecution rooted in traditional spiritual beliefs. However, encouraging legislative efforts and grassroots educational initiatives have been undertaken to reduce both the use of traditional sorcery and violence against individuals accused of engaging in such a practice.
Religious freedom is generally respected in Papua New Guinea and the prospects for this human right remain positive.
Papua New Guinea