The Constitutional and Law Reform Commission (CLRC) has officially launched two critical Issues Papers as part of its ongoing mandate to review and modernise Papua New Guinea’s legal framework. The Issues Papers are developed under two Terms of Reference (TORs) recently approved by the Government:
- 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
The launch represents a major step in responding to growing public demand for legislative reform in both the justice and governance sectors.
Speaking at the launch, CLRC Chairman Hon. Saki Soloma emphasised the national significance of both reviews. “TOR 22 and TOR 25 are central to protecting our families and improving the performance of our state institutions. These reviews are essential for advancing justice, equity, and national development,” he said.
Addressing Sexual Offences: A National Priority
TOR 22 focuses on the legal response to incest — one of the most severe and often hidden forms of sexual violence, disproportionately affecting women and children. CLRC’s internal research and judicial reports reveal a troubling rise in reported incest cases across the country, raising serious questions about the adequacy of current laws.
The review will consider key legal reforms, including the reinstatement of life imprisonment for convicted incest offenders, the expansion of the legal definition of incest to cover step and adopted family members, and the treatment of issues such as consent and compensation. The review also explores broader societal interventions, such as introducing mandatory sex education in schools and stronger regulation of sexually explicit media content.
Chairman Soloma acknowledged the sensitivity and complexity of the issue, noting the cultural dimensions that must be carefully considered in any reform. “This is not just a legal matter—it touches on deeply held societal norms. But we must act decisively to protect our most vulnerable,” he said.
Reforming SOEs: Enhancing Accountability and Service Delivery
TOR 25 addresses the performance and governance of State-Owned Enterprises (SOEs), which play a critical role in delivering essential services such as electricity, water, transport, and communications, especially in rural and underserved communities.
The Issues Paper raises fundamental questions about the capacity of the current legal framework to support SOEs in fulfilling their public mandates. Key areas under review include the effectiveness of oversight mechanisms—particularly the role of Kumul Consolidated Holdings (KCH)—the level of political influence in decision-making, and the need to strike a balance between commercial independence and public accountability.
Chairman Soloma noted that the review aligns with recent calls from Prime Minister Hon. James Marape for urgent reform to ensure that SOEs are more efficient, transparent, and professionally managed. “Our SOEs must work for the people. They are strategic national assets, and we need to ensure they are governed in ways that deliver real value to the public,” he said.
National Consultations: Public Input Critical to Reform
The CLRC is inviting citizens, stakeholders, and institutions across Papua New Guinea to participate in a nationwide consultation process. Public forums will be held in provinces across the country, and written submissions are being encouraged. These contributions will play a central role in shaping the Commission’s final recommendations.
“We need your voice,” Chairman Soloma urged. “Together, we can strengthen our laws to better protect victims of incest. Together, we can reform our SOEs so that they serve all Papua New Guineans more effectively. But we can only achieve this if people participate and share their views.”
He also commended the dedication of the CLRC staff, management and researchers who developed the Issues Papers. “These reviews are timely. There is widespread concern, and a clear public appetite for change. CLRC is responding to that call, and we are moving in the right direction.”
Public consultations for TOR 22 and TOR 25 are now underway, with details to be announced through the Commission’s official channels.