The Constitutional and Law Reform Commission (CLRC) just recently launched two key issues paper for the review of laws on Sexual Offences and State- Owned Enterprises (SOEs) under its latest Terms of Reference (TORs) in an effort to further tighten them in order to be more effective.
These two TORs are:
- TOR 22: Review of Laws Relating to Sexual Offences (Incest) in Papua New Guinea
- TOR 25: Review of Laws on State-Owned Enterprises (SOEs): Meeting Objectives and Accountability to the State.
CLRC Chairman MP Saki Soloma highlighted the importance of both reviews, emphasizing the urgency and necessity of addressing issues that have significant social and economic impacts.
“Both TOR 22 and 25 are central to the protection of families and the effective functioning of state institutions. These reviews are critical to advancing justice, equity and national development,” said Chairman Soloma.
TOR 22 addresses one of the most severe forms of sexual violence, particularly affecting women and children. CLRC Internal research and judicial observations show a disturbing rise in cases of incest, prompting concerns over the adequacy of the legal framework.
According to the Chairman, the key Issues under TOR 22 include reinstating life imprisonment for incest offenders; expanding the definition of incest to include step and adopted family members; addressing issues of consent and compensation in cases of incest; and the introduction of mandatory sex education in schools and regulation of sexually explicit content in media.
The Chairman stressed the sensitivity of the issue, acknowledging the cultural and societal complexities around incest in Papua New Guinea.
TOR 25 is the review of SOEs and focuses on enhancing their effectiveness, accountability and their ability to meet public needs, especially in underserved rural areas. SOEs are critical for providing essential services such as electricity, water and transport.
They key areas of focus include the legal framework’s ability to empower SOEs to succeed; oversight effectiveness by Kumul Consolidated Holdings (KCH) and whether SOEs should fall under additional oversight bodies; balancing commercial independence with state accountability; and the impact of political influence in KCH and SOEs.
The Chairman noted that the review is timely, with calls from Prime Minister James Marape for urgent reforms to make SOEs more efficient, transparent, and professionally managed.
Meanwhile, the CLRC invites all Papua New Guineans to engage in the consultation process following the launch of the Issues Papers. Public consultations will be held across provinces and the Commission will also be accepting submissions from the citizens regarding the two TORs. These contributions will directly shape the final recommendations that CLRC will develop.
Public consultations for TOR 22 and 25 are currently underway.