THE Constitutional and Law Reform Commission (CLRC) has conducted a consultation with the executive management of the Police Department at the Konedobu headquarters as part of its law review process, focusing on TOR 24: Review of Laws Relating to Vicarious Liability – Police Brutality in Papua New Guinea (PNG).
The consultation, led by CLRC Secretary Dr. Mange Matui PhD and Royal Papua New Guinea Constabulary (RPNGC) Deputy Commissioner of Administration, Dr. Philip Mitna PhD, alongside a team of senior officers, generated comprehensive views and recommendations addressing various aspects of policing. Discussions explored substantive laws governing the RPNGC code of conduct, such as the Police Act, the Claims by and Against the State, the Wrongs (Miscellaneous Provisions) Act, and other relevant laws.
Dr. Matui emphasized that the closed consultation with the police ensures their perspectives are considered in addressing this issue thoroughly.
TOR 24 was issued to the CLRC by the Minister for Justice and Attorney General Pila Niningi and officially launched on 25th October, 2024. The directive, which emanated from a discussion paper compiled by CLRC, tasked the Commission to review laws surrounding the vicarious liability of the State in relation to police brutality cases in PNG.
This review aims to address the rising instances of police brutality and the substantial financial compensation the State is paying to victims. The review will also assess the effectiveness of laws governing the application of vicarious liability principles in addressing police brutality cases.
TOR 24 outlines seven thematic areas that guide the consultation on the review of laws related to police brutality in PNG. These areas have also been discussed in provincial consultations across the country. The key themes are:
- Exemplary Damages (Legal issue)
- Standard rates for damages (compensation) arising from police brutality (Legal issue)
- Legal and policy framework on police use of force and firearms (Legal issue)
- Penalties for offenses arising from police brutality cases (Legal issue)
- Training of police officers (Administrative issue)
- Counselling of police officers (Administrative issue)
- Government initiatives and plans to address police brutality (Administrative issue)
- Additional issues for discussion
Apart from provincial consultations, the CLRC’s closed consultation with the Police Department is a critical platform for gathering views and recommendations directly from RPNGC. These consultations will guide the CLRC in proposing an effective approach that aligns with the principles and codes of conduct of the RPNGC, aimed at addressing the issues under TOR 24.
So far, the CLRC has conducted closed consultations in six provinces: Eastern Highlands, East Sepik, Morobe, New Ireland, West New Britain, and Milne Bay. Consultations within NCD were concluded as of last week and the final stakeholders’ consultations for TOR 24 will be completed in Western Highlands Province by the end of next week.
The views gathered from the TOR 24 consultations will contribute to a report containing policy, legislative, and administrative reform proposals. This report will be presented to the Minister for Justice in June this year.