Why Anti-Sodomy Laws Persist in Papua New Guinea
- Lilou HARDONNIERE
- 17 hours ago
- 4 min read
By Angelia Lanna Chams
Out of the 69 countries that criminalise same-sex sexual activity, six are located in Oceania. While these six countries vary in how and what they criminalise, the recent enforcement of anti-sodomy laws in Papua New Guinea has raised renewed questions about whether these laws are being meaningfully challenged today. With a maximum punishment of 14 years’ imprisonment, Section 210 of the Criminal Code Act (1974) criminalises any person who “sexually penetrates any person against the order of nature”, underscoring the deep social stigma surrounding both sodomy and the LGBTQ+ community more broadly. As the state’s criminalisation focuses solely on male same-sex relationships, as reflected in Sections 210 and 212 of the Criminal Code Act, this article examines the origins of these laws and considers whether change is likely in the near future.
The Colonial Origins of Anti-Sodomy Laws
The roots of Papua New Guinea’s anti-sodomy laws lie largely in British colonialism. In particular, Section 377 of the Indian Penal Code (IPC) of 1860 can be identified as a key origin. Although there were no direct colonial ties between India and Papua New Guinea, the influence of Section 377 spread widely across the British Empire in the late nineteenth and early twentieth centuries. Through this provision, the British Empire criminalised sexual acts deemed to be “against the order of nature”. While vague, this phrase became embedded in the criminal codes of many colonies as a means of regulating sodomy and homosexual activity more broadly. In this sense, Section 377 reflected the imperial ideology articulated by Rudyard Kipling in "The White Man’s Burden"(1899), which framed colonialism as a moral mission to “civilise” colonised societies. Introducing fixed standards of acceptable behaviour served both political and social objectives, reinforcing colonial authority through imposed moral norms.
With its origins in India, these legal principles spread into Oceania through Australia’s Queensland Criminal Code of 1899. As another British colony, Australia expanded upon Section 377 by explicitly criminalising consensual male same-sex activity between two individuals. Following the cession of the Colony of Papua to Australia in 1906, Papua New Guinea, as an external Australian territory, adopted similar provisions. These were later codified as Sections 210 and 212 of the Criminal Code Act (1974). When Australia’s administration ended and Papua New Guinea gained independence in 1975, the state regained full sovereignty over its legal system, including the option to repeal these provisions. Instead, the decision was made to retain them.
Challenged in the Present Day?
A comparison with Australia is revealing. While Papua New Guinea retained its colonial-era laws, Australia began decriminalising same-sex activity from 1975 onwards. This divergence raises the question of why such laws have remained largely unchallenged in Papua New Guinea. One significant obstacle is the country’s religious landscape. According to the 2011 census, approximately 98% of the population identifies as Christian. Although Christianity does not inherently entail anti-LGBTQ+ views, religious beliefs and opposition to same-sex relationships are closely intertwined in Papua New Guinea. This connection is itself a legacy of colonial influence, which reshaped local culture and attitudes toward sexuality. As a result, homosexuality is often framed as sinful and in need of regulation.
The political implications of this dynamic are evident in Prime Minister James Marape’s 2023 statement that existing laws are “sufficient to protect the rights of all PNG citizens and residents including those in the LGBTQ (Lesbian Gay Bi-Sexual Transgender Queer) community”. Such statements suggest that, from the government’s perspective, legal reform is neither urgent nor culturally necessary, making meaningful change unlikely in the short term.
It could be argued that some progress has been made, given the limited number of known prosecutions, most notably in 2015 and 2022. However, this interpretation is undermined by the persistent social stigma faced by LGBTQ+ individuals, a stigma reinforced by the continued existence of these laws. The 2015 sentencing of Joe Sevese to two years’ imprisonment, justified by the court as a means to “deter [him] and others from indulging in this type of behaviour”, illustrates how punitive enforcement continues to shape public attitudes. Moreover, the absence of mandatory reporting of court cases suggests that publicly available data may significantly underrepresent the true extent of enforcement and discrimination.
Conclusion
Anti-sodomy laws persist in Papua New Guinea largely because of the enduring influence of colonial-era moral frameworks on the country’s culture and belief systems. From their introduction under British and Australian rule to their retention after independence, these laws have remained embedded in social and political life. While international pressure and human rights advocacy may challenge such frameworks from the outside, their deep integration into local cultural and religious norms makes substantial change difficult to achieve in the near future.
Sources
Criminal Code Act 1974 (Papua New Guinea), Sections 210 and 212.
Indian Penal Code 1860, Section 377.
Queensland Criminal Code 1899.
Rudyard Kipling, The White Man’s Burden (1899).
Papua New Guinea National Statistical Office, 2011 Census.
Statements by Prime Minister James Marape (2023). Reported court cases involving the enforcement of anti-sodomy laws in Papua New Guinea (2015, 2022).
