I. Introduction

The following information is taken from Papua New Guinea: Law and Religion Framework Overview (April 2016), notes omitted, authored by Sapna Khatri and Morgan Helme of Dorsey & Whitney LLP.

II. Historical Background

The landmass formerly known as New Guinea was one of the first to be populated by modern humans, just behind Africa and Eurasia. Its establishment can be traced back 50,000 years based on when human remains were first found on the land. Much of the migration of peoples into the region can be attributed to the rich agriculture opportunities discovered in the New Guinea highlands. 

The principal island of Papua New Guinea was discovered around 1526–1527 by Portuguese explorer Don Jorge de Meneses and it was visited and explored by various European navigators for the next 170 years.   Yet, little was known of the Papua New Guinea inhabitants until the late 19th century. 

Europe’s growing need for coconut oil brought Godeffroy’s of Hamburg, the largest trading company in the Pacific, to the northern half of New Guinea to trade with the island in 1884. Shortly thereafter, Germany took formal possession of the northeast quarter of the island through a chartered company; in 1899, the German imperial government assumed direct control. German New Guinea maintained control until 1914 when Australian troops occupied the territory. The League of Nations issued a mandate in 1920 calling for the British Government, on behalf of the Commonwealth of Australia, to govern the territory of New Guinea. 

Meanwhile, the southern coast of New Guinea, known as Papua, was undergoing its own shifts in power. In November of 1886, a British protectorate was proclaimed over Papua and its adjacent islands; this protectorate was known as British New Guinea and was annexed outright on September 4, 1888. In 1902, possession of the region was passed on to the Commonwealth of Australia. British New Guinea became the Territory of Papua following the passage of the Papua Act of 1905, which also initiated formal Australian administration of the region. 

The Papua Act continued to govern Papua until the Japanese invasion of 1941, when forces advanced onto Port Moresby and civil administration of the island was suspended. During this time, the islands were the scene of one of the major military campaigns of World War II.  Approximately 216,000 Japanese, Australian and American soldiers, sailors and airmen died on the ground, ultimately leading to the surrender of Japanese forces in 1945. 

It was the Papua New Guinea Provisional Administration Act, 1945, which officially unified the two islands. The Australian government was responsible for the administration of the new territory until Papua New Guinea became a self-governing territory in late 1973. In the fall of 1975, Papua New Guinea achieved its independence from Australia and was recognized for the first time as an independent nation. 

III. Religious Context

The predominant religion in Papua New Guinea is Christianity, although traditional rituals of animism and ancestor worship are still prevalent in various areas of the country. According to the 2000 census, 96% of citizens identified themselves as members of a variation of the Christian faith. The mainstream churches are those that evangelized on the island of New Guinea around the late 19th century. While colonial government’s initially assigned different missions to various geographic areas, as the country’s economy modernized, its religious institutions shifted with it. As of 2015, the largest churches in Papua New Guinea are: Roman Catholic, with 27%; Evangelical Lutheran, with 20%; United Church, with 12%; Seventh-day Adventist, with 10%; Pentecostal, with 9%; Evangelical Alliance, with 5%; Anglican, with 3%; and Baptist, with 3%. 

In addition, other Christian groups in Papua New Guinea include The Church of Jesus Christ of Latter-day Saints (commonly known as Mormons), Jehovah’s Witnesses and the Salvation Army, which together constitute about 9% of the Christian population. Also, some citizens follow the Baha’i faith. In recent years, both Muslim and Confucian missionaries have become active in the area and the nation has seen a rise in the number of such institutions. The Muslim community today represents less than 1% of the islands population, with roughly 3,000 members and 12 Islamic centers across the country. 

People are encouraged to practice their religious beliefs freely and openly; however, specific rituals have been subject to strict scrutiny by the administration and various missionaries traveling into the region.  In the past, headhunting and cannibalism occurred in many parts of the region as a practice of various indigenous religions.  For example, the Fore tribe’s cannibalistic rituals were birthed out of love and respect for the deceased. They believed that by eating every part of their deceased, including their bones and faces, in a practice known as endo-cannibalism, their deceased would live on forever. While a few tribes still routinely participate in cannibalistic rituals, open cannibalism had almost entirely ceased by the early 1950s due to the large influx of missionaries. 

IV. Sources of Law Affecting Religion

 a. Constitutional Law 

The Papua New Guinea Constitution provides for freedom and promotion of religion. The preamble references religion by recognizing the predominance of Christian principles and simultaneously calling for equal opportunities for all citizens to take part in the nation’s religious and cultural life. The preamble also recognizes “freedom of conscience, of expression, of information and assembly and association” as a basic right.  

Several additional provisions of the Constitution provide for freedom of conscience, thought and religion. These provisions have been interpreted to mean that every person has the right to freely practice their religion in any way as long as it does not interfere with the freedom of others.  For example, Section 45 of the Constitution explicitly establishes each person’s right to “freedom of conscience, thought and religion and the practice of his religion and beliefs.” This section also promotes freedom of religious choice by prohibiting harassment and unsolicited intervention into the religious affairs of another. Similarly, no person in Papua New Guinea can be compelled to practice religion, observe or take an oath or take it in a manner that is contrary to his religion or belief, further promoting the free practice of religion.   

Section 55 further recognizes the equality of citizens. In doing so, this Section emphasizes that all citizens have the same rights, privileges, obligations and duties irrespective of their creed or religion. These rights and the freedom to conscience, thought and religion are promised to all peoples of Papua New Guinea and cannot be deprived or altered under any circumstance—including times of emergency. 

b. Statutory Law

The bulk of the statutory law found in Papua New Guinea has been adopted from overseas jurisdictions because of the commonwealth structure.  A key example of this structure is with the enactment of the Industrial Relations Act, which was passed by the Parliament of the United Kingdom and applied to Papua New Guinea.   The Act prohibits discrimination and is defined to include any distinction, exclusion or preference made on the basis of race, religion, social origin among others. 

c. Administrative Law 

Aside from the Constitution, the underlying law of Papua New Guinea consists of “customary law.” Customary law is a combination of law derived from the customs of the various peoples of Papua New Guinea and English common law as it stood in 1975. Much of the law of the nation is a product of decisions of the House of Lords, the English Court of Appeal, the English Queen’s Bench and additional English courts. The application of customary law was heavily debated until the passage of the Underlying Law Act of 2000, which took into account the people’s dedication to custom and mandated greater attention by the courts to such custom and development of customary law.  In essence, the application of customary law depends on these factors: a) whether it is inconsistent with a written law, and b) whether its application and enforcement is inconsistent with the goals and obligations established under the Constitution.

d. Local Law / Other

In general, the government of Papua New Guinea does not directly subsidize the practice of religion; however, it does provide some support for various institutions. For example, churches may continue to run schools and health services throughout the region. While the predominant religion is Christianity, the government has not established any rules or laws restricting the rights to practice any religion. Both citizens and non-citizens alike are free to practice their religions, and foreign missionary groups are permitted to proselytize and engage in activities in the community without governmental restrictions. The government also observes Good Friday, Easter Monday and Christmas as national holidays.

To see the complete Framework document, including footnotes and the additional sections VI. Specific Issues Related to Religious Liberties in Papua New Guinea, and VII. Pending Legislation, Trends, and Predictions, please click the link below: