UPR Sexual Rights Database

National Report:
Para 9) Solomon Islands has in place a 2017 draft National Policy on Disability. It is the intention of Solomon Islands to ratify the Convention on the Rights of Person with Disabilities (CRPD) as soon as a cost-benefit analysis and assessment is made in relations to Solomon Islands capability and affordability to honour the obligations of the Convention.

Stakeholder Summary:
Para 28) KAHRF recalled that at the UPR in 2011, the Solomon Islands received four recommendations to repeal laws criminalising sexual relations between consenting adults of the same sex. KAHRF recalled the delegation's comments that the cultural context of Solomon Islands' society did not condone same-sex relationships and that any commitment to decriminalising sexual relations between consenting adults of the same sex would "require thorough national consultations to address Christian doctrines and cultural perspectives on the issue". However, during the adoption of its 2011 UPR report by the Council, the Solomon Islands did note that a budget for such consultations would be allocated as part of the 2012 national budget. Since then, the Solomon Islands had not taken any active steps to implement the recommendations or bring about broader Lesbian, Gay, Bisexual, Transgender, Intersex rights reform, or even to hold consultations on such reform ...

"National Report:
Para 14)The Family Protection Act (FPA) 2014 criminalises Domestic Violence (DV) in all its forms and protects victims. It empowers the courts, police and health care professionals to assist victims’ access services such as medical attention and justice.

Para18) The Penal Code (Sexual Offence) (Amendment) Bill 2015 is in its consultation stage. This bill aims to introduce new categories of sexual offences. These include persistent sexual abuse of a child under 18; sexual abuse of child over the age of 15 but under 18 by a person in a position of trust, authority or dependency in relation to the child; child commercial sexual exploitation and participation, use, distribution and storing of child sexual exploitation materials (visual, audio, print and data).

Para 51) The jurisdiction of the Local Courts will be reviewed to include Violence Against Women (VAW) cases so that justice is accessible to victims of domestic violence, especially in rural areas. The FPA provides for ‘authorised persons’ to make, vary or revoke an interim protection order.

Para 56) In 2013, the LRC made recommendations for the re-definition of rape so that it applies to all people, even where there is a marital relationship between victim and accused. Case-law in 2012 for the first time held that a husband can be found guilty of raping his wife. The High Court applying CEDAW principles under Articles 15 and 16 stated that a husband and wife are equal partners in marriage and held that a husband can be criminally liable for raping his wife.

Para 57) The MWYCFA continued to take the leading advocacy role on ending VAW and girls in collaboration with its relevant stakeholders. The Ministry provides annual budgetary support to two local NGOs, the Christian Care Centre (CCC) and FSC towards initiatives to prevent family violence.

Para 58) Implementation of the FPA began in September 2014 with the development of an implementation strategy and the formation of an Advisory Council. The Council comprises of government representatives, civil society, police and health care providers that will ensure that services and legal assistance are provided to victims of DV. An Information Committee responsible for standardising information on the FPA for training and awareness purposes was also formed. The FPA awareness programs are drawn with four key messages centred on protection, safety, responsibility and communication. A key medium for awareness programs is the annual 16 days of activism campaign against Gender-Based Violence (GBV). During the 2014 ‘16 days of activism’, a ‘take action’ toolkit was produced with information on the prevalence of DV, the FPA and strategies that can be adopted to eliminate VAW and girls.

Para 59) A GBV Coordinator post was established in 2015 within the MHMS. The Coordinator is responsible for overseeing the SAFENET Referral Network, a referral system comprised of government stakeholders that can be used by DV victims when reporting violence committed against them.

Para 60) A Family Protection Unit (FPU) was created and funded under the RAMSI Law and Justice program within the Public Solicitor’s Office in 2012. The FPU gives priority to all family violence cases that are referred to it by any of the stakeholders in the SAFENET membership. In 2014, 47% of weekly legal clinic clients were family law cases, 53% were civil claims. Seifples was established in 2013 as a health clinic for DV victims needing medical attention before referral to FPU for legal assistance.

Para 61) The RSIPF Academy introduced a VAW Module in their curriculum. Annual trainings on eliminating VAW for the Correctional Services Solomon Islands (CSSI) officers and Royal Solomon Islands Police Force (RSIPF) are continuing. Family Violence Standards and Operation procedures by RSIPF promote investigation of complaints initiated by victims on SGBV. The Sexual Assault Unit (SAU) and a Family Violence Unit (FVU) within RSIPF carry out criminal investigations in all sexual related offences; undertake family violence awareness and register reported cases under community policing programs, respectively. FVU introduced a register distributed in all police posts nationwide to record FV complaints to collect data on DV occurrences. Statistics from the FVU show an increase in the number of cases reported from 55 in 2012 to 726 in 2015.

Para 62) A DV Unit is also established in the Office of the Director of Public Prosecutions in 2013 (ODPP) where serious DV cases resulting in deaths are prosecuted. SAU and FVU work in collaboration with the ODPP on DV cases from across the country that are fully investigated and prepared for prosecution.

Para 64) The Institute of Public Administration and Management (IPAM) in partnership with relevant ministries provided training programs for the public service on the FPA. In 2013, the Government Information and Communication Technology Support Unit (ICTSU) partnered with IPAM to enable all government employees’ access capacity building trainings online

Para 105) The Special Rapporteur on Violence against Women, Dr. Rashida Manjoo held consultations with Government and CSO stakeholders in March 2012. The report on Violence Against Women also highlighted the need for legislative review and the enactment of laws that address the issue of violence faced by women in Solomon Islands society. The implementation of the Family Protection Act 2014 speaks to this recommendation and is a testament that government is addressing this as a priority area despite it was taking time to progress this.

UN Compilation:
Para 16) The country team reported that while both the National Policy on Gender Equality and Women’s Development and the National Policy on Ending Violence against Women were mainstreamed through the establishment of gender focal points in key line ministries, there remained ambiguity around responsibilities, issues relating to limited resources and a lack of clear monitoring objectives for the implementation of those policies …

Para 22) The Special Rapporteur on violence against women reported that in 2009 the ministry responsible for women, young people, children and family affairs had published a study on violence against women and children in Solomon Islands. According to the study, women were much more likely to experience such severe violence as punching, kicking, or having a weapon used against them than “moderate violence”.

Para 24) The CEDAW welcomed the adoption of the Family Protection Act of 2014, which criminalized domestic violence. The country team reported that sentences for violence under the Family Protection Act were lower than those under the Penal Code and that the implementation of protection orders had been problematic …

Para 26) The country team noted that the Government had launched Safenet in 2013, which comprised both government and non-governmental organizations and agencies, to provide coordinated, front-line services and support to survivors and victims of gender-based violence. Challenges included the fact that the majority of services were located in Honiara, leaving rural women without access; a lack of resources and capacity; and a lack of leadership to oversee the network …

Stakeholder Summary:
Para 14) JS1-DSE welcomed the adoption of the Family Protection Act 2014 and the proposed reforms to the Penal Code that would make it easier for the police and those in danger to take effective legal action …

Para 15) ICAAD stated that, in response to reports of the high rate of domestic violence, the Government took the important step of signing a Memorandum of Understanding with civil society and NGOs to build a network, SafeNet, to provide services to victims of domestic violence and sexual abuse. The Government had also taken steps to increase awareness of the issue of violence against women at the provincial level. Remaining challenges noted by ICAAD included the following: medical staff lacked adequate training to properly treat victims of sexual violence. Only two organizations provided shelters and services for women victims of violence. Both organizations were based in the capital …

Para 17) FSC reported that, under the new procedures in the Family Protection Act 2014, police had wider powers to respond to domestic violence However, those changes in the legislation needed to be accompanied by a change in behaviour and attitude by the police. Particular mention was made of the need to change some persistent traditional attitudes to protection orders, to make a difference for women …

Para 21) FSC also reported that, despite the 2010 family violence policy adopted by the police, women victims of gender-based violence reportedly still found it difficult and complicated to access justice through the Royal Solomon Islands Police Force …

Para 22) FSC reported that as of October 2014 its legal officer had started representing victims of domestic violence and related matters in the lower courts due to the inaccessibility of services at the Public Solicitor’s Office. FSC noted that apart from the Public Solicitor’s Office and Family Service Centre there were no other legal services that could be accessed free by the women and children.

Para 40) The Elimination of Violence against Women Policy made no specific mention of girls and women with disabilities …"

"National Report:
Para 12) The Police Act 2013 clearly articulates principles upholding … gender equality …

Para 16) The Political Parties Integrity Act (PPIA) 2014 was enacted to improve the registration, administration, operation and promotion of integrity within political parties. Section 35 of the PPIA encourages broad participation of any person from the national or provincial level to establish parties without discrimination. Section 48 of the PPIA provides for a ten percent of candidacy for women in a political party who can contest in the elections. This is a positive step in recognising the need to increase women’s participation in politics.

Para 23) The Government is currently reviewing the progress in the implementation of the Gender Equality and Women’s Development (GEWD) 2010-2012 policy with the support of the SPC. The review process is to enable having a monitoring and evaluation (M&E) mechanism for implementation of policies to measure achievements and keep track of challenges.

Para 24) The Solomon Islands National Strategy for the Economic Empowerment of Women and Girls was endorsed by Cabinet in August 2015. The strategy aims to increase gender equality and employment opportunities through economic empowerment.

Para 25) The Solomon Islands National Council of Women (SINCW) National and Provincial Elections Campaign Strategy Plan of Action 2014-2015 was launched to strengthen and build competence and confidence of women candidates. It provides information and communication resources for public campaigning and undertake civic education programs in identified Constituencies.

Para 69) Towards the National General Elections (NGE) in 2014, the SINCW conducted national consultations on Temporary Special Measures (TSM) for women’s participation in decision making bodies.

Para 70) The Solomon Islands National Parliament launched the Young Women’s Parliamentary Group (YWPG) in 2011 with the support of UNDP. The YWPG promotes the participation of young women in leadership. It continues to raise awareness and encourage debate on TSM for elected reserved seats for women in Parliament and undertook a baseline survey on voter behaviour towards female candidates before and after the 2014 elections. The survey identified vote buying during campaigns and gendered cultural perspectives on leadership as some of the barriers to supporting female candidates.

Para 71) The Ministry of Public Service (MPS) has undertaken public service reform in two stages. MPS launched a human resource management strategy aimed at increasing gender mainstreaming and increase female participation in all government machinery. Measures to ensure these two reforms in place were realised resulted in newly introduced key result indicator into all Permanent Secretaries contracts to ensure gender sensitizing in the Public Service and secondly ensuring there is a gender sensitive recruitment and selection process in place.

Para 72) The number of females holding mid-level positions in the Public Service has gradually increased. However, fluctuations are noted at senior level positions of permanent secretaries and under-secretary. Two out of twenty-three permanent secretaries are women, and five out of thirty-nine under-secretaries are women. Opportunities to elevate qualified and experienced women into senior management positions are open.

Para 73) In the RSIPF for the first time, the Deputy Commissioner of Police is a female. A gender audit was undertaken by CSSI with a view to address gender equity in recruitment processes and increase women in senior positions. Recommendations from the gender audit will provide guidance on how to improve women’s meaningful participation at leadership level across the government sectors.

Para 74) At the political level one female MP was elected in the 2012 by-elections. In 2014 four female representatives were elected at provincial level and one MP was voted into office.

Para 85) The Government continues to implement a fee- free basic education policy covering year 1 to Year 9 to promote access to education, although parents still pay other related costs. According to the MEHRD Performance Assessment Framework, there were more boys (51%) enrolled at ECE level than girls (49%) in 2013. The total enrolment at primary level in 2013 increased by 21.2%, and more female (52%) students were enrolled at secondary level than males (48%). This trend shows that gender balance is slowly being realised in enrolment.

UN Compilation:
Para 4) The CEDAW noted with concern that a new draft federal constitution maintained article 15, paragraph 5, subparagraphs (c)-(e), of the current Constitution, providing for exceptions for discrimination that was based on customary law in areas such as adoption, marriage, divorce, burial, devolution of property upon death, and tenure, resumption and acquisition of land …

Para 12) The country team reported on the Solomon Islands National Advisory Committee on CEDAW, which the Government had established to perform an oversight and advisory role in the implementation of CEDAW and which had faced significant organizational and resource challenges …

Para 16) The country team reported that while both the National Policy on Gender Equality and Women’s Development and the National Policy on Ending Violence against Women were mainstreamed through the establishment of gender focal points in key line ministries, there remained ambiguity around responsibilities, issues relating to limited resources and a lack of clear monitoring objectives for the implementation of those policies …

Para 17) The CEDAW welcomed the intention of Solomon Islands to revise the National Policy on Gender Equality and Women’s Development with a view to incorporating the Committee’s concluding observations. The country team reported that, at the request of the Government, the United Nations Entity for Gender Equality and the Empowerment of Women would continue to support and provide technical assistance for the formulation of a strategy to implement the recommendations contained in the Committee’s concluding observations.

Para 34) …On women’s access to justice, the country team reported that the ministries responsible for justice and legal affairs and for women, young people, children and family affairs had agreed to establish a coordination team to establish the priority activities under the Family Protection Act and develop an implementation plan …

Para 42) The country team reported that only one woman had been elected to Parliament in the 2014 general election. However, 26 women candidates had run in the election, the highest number ever …


Stakeholder Summary:
Para 40) Referring to gaps in mainstreaming disability in Government policies, PWDSI stated that the 2010 Gender Equality and Women Development Policy failed to mention let alone address any issues facing women with disabilities."

"
National Report:
Para 14)The Family Protection Act (FPA) 2014 criminalises Domestic Violence (DV) in all its forms and protects victims. It empowers the courts, police and health care professionals to assist victims’ access services such as medical attention and justice.

Para18) The Penal Code (Sexual Offence) (Amendment) Bill 2015 is in its consultation stage. This bill aims to introduce new categories of sexual offences. These include persistent sexual abuse of a child under 18; sexual abuse of child over the age of 15 but under 18 by a person in a position of trust, authority or dependency in relation to the child; child commercial sexual exploitation and participation, use, distribution and storing of child sexual exploitation materials (visual, audio, print and data).

Para 51) The jurisdiction of the Local Courts will be reviewed to include Violence Against Women (VAW) cases so that justice is accessible to victims of domestic violence, especially in rural areas. The FPA provides for ‘authorised persons’ to make, vary or revoke an interim protection order.

Para 56) In 2013, the LRC made recommendations for the re-definition of rape so that it applies to all people, even where there is a marital relationship between victim and accused.27 Case-law28 in 2012 for the first time held that a husband can be found guilty of raping his wife. The High Court applying CEDAW principles under Articles 15 and 16 stated that a husband and wife are equal partners in marriage and held that a husband can be criminally liable for raping his wife.

Para 57) The MWYCFA continued to take the leading advocacy role on ending VAW and girls in collaboration with its relevant stakeholders. The Ministry provides annual budgetary support to two local NGOs, the Christian Care Centre (CCC) and FSC towards initiatives to prevent family violence.

Para 58) Implementation of the FPA began in September 2014 with the development of an implementation strategy and the formation of an Advisory Council. The Council comprises of government representatives, civil society, police and health care providers that will ensure that services and legal assistance are provided to victims of DV. An Information Committee responsible for standardising information on the FPA for training and awareness purposes was also formed. The FPA awareness programs are drawn with four key messages centred on protection, safety, responsibility and communication. A key medium for awareness programs30 is the annual 16 days of activism campaign against Gender-Based Violence (GBV). During the 2014 ‘16 days of activism’, a ‘take action’ toolkit was produced with information on the prevalence of DV, the FPA and strategies that can be adopted to eliminate VAW and girls.

Para 59) A GBV Coordinator post was established in 2015 within the MHMS. The Coordinator is responsible for overseeing the SAFENET Referral Network, a referral system comprised of government stakeholders that can be used by DV victims when reporting violence committed against them.

Para 60) A Family Protection Unit (FPU) was created and funded under the RAMSI Law and Justice program within the Public Solicitor’s Office in 2012. The FPU gives priority to all family violence cases that are referred to it by any of the stakeholders in the SAFENET membership. In 2014, 47% of weekly legal clinic clients were family law cases, 53% were civil claims. Seifples was established in 2013 as a health clinic for DV victims needing medical attention before referral to FPU for legal assistance.

Para 61) The RSIPF Academy introduced a VAW Module in their curriculum. Annual trainings on eliminating VAW for the Correctional Services Solomon Islands (CSSI) officers and Royal Solomon Islands Police Force (RSIPF) are continuing. Family Violence Standards and Operation procedures by RSIPF promote investigation of complaints initiated by victims on SGBV. The Sexual Assault Unit (SAU) and a Family Violence Unit (FVU) within RSIPF carry out criminal investigations in all sexual related offences; undertake family violence awareness and register reported cases under community policing programs, respectively. FVU introduced a register distributed in all police posts nationwide to record FV complaints to collect data on DV occurrences. Statistics from the FVU show an increase in the number of cases reported from 55 in 2012 to 726 in 2015.

Para 62) A DV Unit is also established in the Office of the Director of Public Prosecutions in 2013 (ODPP) where serious DV cases resulting in deaths are prosecuted. SAU and FVU work in collaboration with the ODPP on DV cases from across the country that are fully investigated and prepared for prosecution.

Para 64) The Institute of Public Administration and Management (IPAM) in partnership with relevant ministries provided training programs for the public service on the FPA. In 2013, the Government Information and Communication Technology Support Unit (ICTSU) partnered with IPAM to enable all government employees’ access capacity building trainings online

Para 105) The Special Rapporteur on Violence against Women, Dr. Rashida Manjoo held consultations with Government and CSO stakeholders in March 2012. The report on Violence Against Women also highlighted the need for legislative review and the enactment of laws that address the issue of violence faced by women in Solomon Islands society. The implementation of the Family Protection Act 2014 speaks to this recommendation and is a testament that government is addressing this as a priority area despite it was taking time to progress this.

UN Compilation:
Para 16) The country team reported that while both the National Policy on Gender Equality and Women’s Development and the National Policy on Ending Violence against Women were mainstreamed through the establishment of gender focal points in key line ministries, there remained ambiguity around responsibilities, issues relating to limited resources and a lack of clear monitoring objectives for the implementation of those policies …

Para 22) The Special Rapporteur on violence against women reported that in 2009 the ministry responsible for women, young people, children and family affairs had published a study on violence against women and children in Solomon Islands. According to the study, women were much more likely to experience such severe violence as punching, kicking, or having a weapon used against them than “moderate violence”.

Para 24) The Committee on the Elimination of Discrimination against Women welcomed the adoption of the Family Protection Act of 2014, which criminalized domestic violence. The country team reported that sentences for violence under the Family Protection Act were lower than those under the Penal Code and that the implementation of protection orders had been problematic …

Para 26) The country team noted that the Government had launched Safenet in 2013, which comprised both government and non-governmental organizations and agencies, to provide coordinated, front-line services and support to survivors and victims of gender-based violence. Challenges included the fact that the majority of services were located in Honiara, leaving rural women without access; a lack of resources and capacity; and a lack of leadership to oversee the network …

Stakeholder Summary:
Para 14) JS1-DSE welcomed the adoption of the Family Protection Act 2014 and the proposed reforms to the Penal Code that would make it easier for the police and those in danger to take effective legal action …

Para 15) ICAAD stated that, in response to reports of the high rate of domestic violence, the Government took the important step of signing a Memorandum of Understanding with civil society and NGOs to build a network, SafeNet, to provide services to victims of domestic violence and sexual abuse. The Government had also taken steps to increase awareness of the issue of violence against women at the provincial level. Remaining challenges noted by ICAAD included the following: medical staff lacked adequate training to properly treat victims of sexual violence. Only two organizations provided shelters and services for women victims of violence. Both organizations were based in the capital …

Para 17) FSC reported that, under the new procedures in the Family Protection Act 2014, police had wider powers to respond to domestic violence However, those changes in the legislation needed to be accompanied by a change in behaviour and attitude by the police. Particular mention was made of the need to change some persistent traditional attitudes to protection orders, to make a difference for women …

Para 21) FSC also reported that, despite the 2010 family violence policy adopted by the police, women victims of gender-based violence reportedly still found it difficult and complicated to access justice through the Royal Solomon Islands Police Force …

Para 22) FSC reported that as of October 2014 its legal officer had started representing victims of domestic violence and related matters in the lower courts due to the inaccessibility of services at the Public Solicitor’s Office. FSC noted that apart from the Public Solicitor’s Office and Family Service Centre there were no other legal services that could be accessed free by the women and children.

Para 40) The Elimination of Violence against Women Policy made no specific mention of girls and women with disabilities …"

National Report:
Para 62) The Government is conducting a nationwide consultation on the Traditional Governance and Customs Facilitation Bill. The proposed bill is to promote, preserve and recognize traditional norms, values and practice: especially the matrilineal system practiced by a number of diverse ethnic and tribal populations in the country. The proposal is to have customary law reflect the matrilineal system in the decision making of traditional governance structures.

UN Compilation:
Para 37) The United Nations country team stated that despite Solomon Islands having supported the recommendation to ensure that laws related to acquisition, transmission, conservation and loss of nationality were in line with the principle of non-discrimination during the previous universal periodic review cycle, no measures had been taken since that review to ensure equality between men and women with regard to the right to nationality.