32. Right to freedom.
(1) Freedom based on law consists in the least amount of restriction on the activities of individuals that is consistent with the maintenance and development of Papua New Guinea and of society in accordance with this Constitution and, in particular, with the National Goals and Directive Principles and the Basic Social Obligations.
(2) Every person has the right to freedom based on law, and accordingly has a legal right to do anything that–
(a) does not injure or interfere with the rights and freedoms of others; and
(b) is not prohibited by law, and no person–
(c) is obliged to do anything that is not required by law; and
(d) may be prevented from doing anything that complies with the provisions of paragraphs (a) and (b).
(3) This section is not intended to reflect on the extra-legal existence, nature or effect of social, civic, family or religious obligations, or other obligations of an extra-legal nature, or to prevent such obligations being given effect to by law.
36. Freedom from inhuman treatment.
(1) No person shall be submitted to torture (whether physical or mental), or to treatment or punishment that is cruel or otherwise inhuman, or is inconsistent with respect for the inherent dignity of the human person.
42. Liberty of the person.
(1) No person shall be deprived of his personal liberty except–
(a) in consequence of his unfitness to plead to a criminal charge; or
(b) in the execution of the sentence or order of a court in respect of an offence of which he has been found guilty, or in the execution of the order of a court of record punishing him for contempt of itself or another court or tribunal; or
(c) by reason of his failure to comply with the order of a court made to secure the fulfilment of an obligation (other than a contractual obligation) imposed upon him by law; or
(d) upon reasonable suspicion of his having committed, or being about to commit, an offence; or
(e) for the purpose of bringing him before a court in execution of the order of a court; or
(f) for the purpose of preventing the introduction or spread of a disease or suspected disease, whether of humans, animals or plants, or for normal purposes of quarantine; or
(g) for the purpose of preventing the unlawful entry of a person into Papua New Guinea, or for the purpose of effecting the expulsion, extradition or other lawful removal of a person from Papua New Guinea, or the taking of proceedings for any of those purposes; or
(h) in the case of a person who is, or is reasonably suspected of being of unsound mind, or addicted to drugs or alcohol, or a vagrant, for the purposes of–
43. Freedom from forced labour.
(1) No person shall be required to perform forced labour.
(2) In Subsection (1), “forced labour” does not include–
(a) labour required by the sentence or order of a court; or
(b) labour required of a person while in lawful custody, being labour that, although not required by the sentence or order of a court, is necessary for the hygiene of, or for the maintenance of, the place in which he is in custody; or
(c) in the case of a person in custody for the purpose of his care, treatment, rehabilitation or welfare, labour reasonably required for that purpose; or
(d) labour required of a member of a disciplined force in pursuance of his duties as such a member; or
(e) subject to the approval of any local government body for the area in which he is required to work, labour reasonably required as part of reasonable and normal communal or other civic duties; or
(f) labour of a reasonable amount and kind (including in the case of compulsory military service, labour required as an alternative to such service in the case of a person who has conscientious objections to military service) that is required in the national interest by an Organic Law that complies with Section 38 (general qualifications on qualified rights).
48. Freedom of employment.
(1) Every person has the right to freedom of choice of employment in any calling for which he has the qualifications (if any) lawfully required, except to the extent that that freedom is regulated or restricted voluntarily or by a law that complies with Section 38 (general qualifications on qualified rights), or a law that imposes restrictions on non-citizens.
(2) Subsection (1) does not prohibit reasonable action or provision for the encouragement of persons to join industrial organizations or for requiring membership of an industrial organization for any purpose.Papua New Guinea Constitution
208B. INTERPRETATION.
For the purposes of this Division-
"exploitation" means the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the removal of organs;
"forced labour" means all work or services which are exacted from any person under the menace of any penalty and for which the person has not offered himself voluntarily;
"slavery or practices similar to slavery" means the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised and includes, but is .not limited to, the following:
(a) the selling, bartering or buying of a person without that person's consent for value received or other consideration; or
(b) the selling, bartering or buying of a person under the age of 18 against the best interest of that person, for value received or other
consideration; or
(c) the status of debt bondage intended as the condition of a person who has no real or acceptable alternative but to provide labour or personal services or those of a person under his control to repay a debt, if the value of those services or labour, as reasonably assessed, is not applied towards the liquidation of the debt or the length and nature of those services or labour are not limited and proportionate to the debt; or
(d) the status of domestic servitude intended as the condition of a person who is forced, by physical or psychological coercion, to work without any real financial reward, deprived of liberty and in a situation contrary to human dignity;
208C. Trafficking in persons.
(l), Any person who recruits, transports, transfers, conceals, harbours or receives any person by-
(a) threat; or
(b) use of force or other forms of coercion; or
(e) abduction; or
(d) fraud; or
(e) decepti on; or
(j) use of drugs or intoxicating liquors; or
(g) the abuse of office; or
(h) the abuse of a relationship of trust, authority or dependency; or
(i) the abuse of a position of vulnerability; or
(j) the giving or receiving of payments or benefits to achieve the consent of a person having control over another person,
with the intention that the other person will be subject to exploitation, is guilty of a crime,
Penalty: Imprisonment for a term not exceeding 20 years,
(2) If the offence is committed in relation to a person who is under 18 years of age at the time of the offence, the offender is liable to
imprisonment for a term not exceeding 25 years.
(3) If the offender subjects the person to circumstances that
result in, or are likely to result in, the death of that person, the offender is liable, subject to Section 19, to imprisonment for life,
208D. Trafficking in persons with knowledge or recklessness
(1) A person who recruits, transfers, conceals, harbours or receives any person by -
(a) threat; or
(b) use of force or other forms of coercion; or
(c) abduction; or
(d) fraud; or
(e) deception; or
(f) use of drugs or intoxicating liquors; or
(g) the abuse of office; or
(h) the abuse of a relationship of trust, authority or dependency; or
(i) the abuse of a person of vulnerability; or
(j) the giving or receiving of payments or benefits to achieve the consent of a person having control over another person,
knowing, having reasonable grounds to believe, or being reckless as to the fact that the other person will be subject to exploitation, is guilty of a crime.
Penalty: Imprisonment for a term not exceeding 15 years.
(2) If the offence is committed with relation to a person under 18 years of age at that time of the offence, the offender is liable to imprisonment for a term not exceeding 20 years.
(3) If the offender subjects a person to circumstances that result in, or are likely to result in, the death of that person, the offender is liable, subject to section 19, to life imprisonment.
208E. Consent of trafficked person not a defence.
It is not a defence to a charge under Sections 208C or 208D that
the trafficked person consented to any acts under those sections.
355. Deprivation of liberty.
A person who unlawfully–
(a) confines or detains another in any place against his will; or
(b) deprives another of his personal liberty,
is guilty of a misdemeanor.
Penalty: Imprisonment for a term not exceeding three years.Papua New Guinea Criminal Code Amendment 2013
Paragraph 43
In addition, for the Trust Territory of Papua and New Guinea the Papua and New Guinea Act 1949-1963 specifically prohibits the slave trade…
