A/HRC/16/52/Add.5 7. Village courts 33. In accordance with the Village Court Act, 1986, village courts are established to resolve disputes consistent with customary law, which takes precedence over all other legislation with the exception of the Constitution. Village courts aim to “ensure peace and harmony” through mediation and obtain an “amicable settlement of disputes”.16 Village courts are present throughout most of the country, unlike the institutions of the formal justice system. In this regard, the Committee on the Elimination of Discrimination against Women, in its concluding observations following consideration of the State’s initial, second and third reports, urged Papua New Guinea to ensure that the village courts, in their decisions, apply the principle of equality and non-discrimination.17 III. Assessment of the situation A. Violence and police response 34. Papua New Guinea has one of the most heterogeneous populations in the world, with very different cultures and beliefs and more than 800 languages spoken in the country. This diversity compounds the fundamental challenges faced by law enforcement officials when addressing the high level of violence in the country. Furthermore, the spread of firearms has exacerbated violent crime and tribal fighting. During the visit, the Special Rapporteur himself witnessed the rapid escalation of minor occurrences into violent incidents. 35. With regard to the Royal Papua New Guinea Constabulary, the Special Rapporteur was concerned that the police are not always in a position to enforce the rule of law, owing to insufficient human and financial resources, widespread corruption and low standards of professionalism, difficulties in access to remote rural areas and a lack of political will. As a result, private security companies are called upon to carry out some of the main duties of the police; there are currently more private security officers (4,800) than police officers (1,200 in active duty) in the country. This trend is worrying, because it reflects police weakness and a failure of the State to provide security and freedom from fear. 36. Another concern is the fact that the Royal Papua New Guinea Constabulary lacks the capacity to prevent and investigate crimes relating to domestic violence, tribal fighting and accusations of sorcery. On the latter, the Committee on the Elimination of Discrimination against Women has expressed serious concern about reports of torture and killings of women and girls accused of sorcery, and urged the State to take immediate and effective measures to investigate these acts.18 37. At the Buka police station, the Special Rapporteur witnessed first-hand a high degree of violence by the authorities. During his visit to the police station, an intelligence officer verbally assaulted the Special Rapporteur and his team, and attempted to physically attack the forensic doctor. The Special Rapporteur expressed serious concern over this incident, and both the Regional Commander and the Police Station Commander apologized for the officer’s misconduct. The Acting Police Commissioner also reassured the Special Rapporteur that appropriate action would be taken against the intelligence officer. 16 17 18 CEDAW/C/PNG/3. CEDAW/C/PNG/CO/3, para. 18. Ibid., paras. 27-28. 9