UPR Sexual Rights Database

National Report:
Para 112) Discussions are underway on the possible ratification of the OP-CRC-SC and the CRPD.

Para 113) Treaty reporting on CERD and ICESCR is yet to be carried out. In view of this, any further ratification can only be given consideration once these reporting commitments are dealt with.

Stakeholder Summary:
Para 2) Persons with Disabilities Solomon Islands (PWDSI) reported that of the accepted recommendations to ratify CRPD, to date, the Government had not officially given any indication or timeframe as to when it will ratify the CRPD ...

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 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 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 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 ...

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 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 ...

National Report:
Para 28) The Solomon Islands Public Service has sensitised Gender in Governance, specifically on women leadership, organizing a workshop to incorporate “Women in Leadership” in the Public Service Strategy.
Para 29) The Political Parties Integrity Act 2014 supports women in leadership and sets out a quota of 10% of Political Party membership must consist of women members. Solomon Islands Parliament has seen a growing number of women taking up Parliament seats, for the 11th Parliament there are now four elected women.
Para 34) A draft Gender Equality and Social Inclusion Policy (GESI) has been put together by the Ministry of Public Service with the goal to increase women in decision making and leadership positions. Closing the gap of women under-representation in senior government positions. Advancing Gender equality across the board in all areas of the public service.
Para 35) Women are increasing their representation in the paid workforce especially in the service, technical and managerial positions. Despite this growing trend, more needs to be done in getting more women in positions of leadership.
Para 36) Solomon Islands Public Service has adopted a Public Service Transformation Strategy to sensitize gender in governance and gender equality. Workshops and consultation have been led by the Public Service Governance and Performance Management Division in support of developing women in leadership strategy.
Para 38) Solomon Islands 11th Parliament has four elected women out of the current 49 sitting Members of Parliament. There are two women Cabinet Ministers out of the 21 Ministers. The Solomon Islands National Election Commission is headed by a woman as well.
Para 39) Solomon Islands Political Party Integrity Act 2014 provides for 10% of seats within Parties shall be reserved for female members. This is an initiative to keep encouraging women to take on leadership roles in all spheres of the decision-making process.

UN Compilation:
Para 39) The United Nations country team noted that in the 2019 election, only 4 of the 13 political parties had endorsed more than the required 10 per cent of women candidates under the 2014 Political Parties Act. However, more women had become affiliated with political parties: 65 per cent of women contested as members of political parties in 2019, as opposed to 24 per cent in 2010.

Stakeholder Summary:
Para 47) JS2 noted the Ministry of Women, Youth, Children and Family Affairs’ (MWYCFA) Temporary Special Measures intended to allocate 3 reserved seats for women in Provincial Assemblies to advance women in leadership and decision making. However, the current Provincial Government Act 1997 restricted Provinces from setting quotas for women on their Provincial Assemblies.
Para 50) JS2 noted that in the current national government, there are 3 female parliamentarians out of 50 Parliamentarians. At the provincial level, out of 172 seats, there are only 4 women. Money politics is another challenge because women have limited access to finances and are prone to be subjected to violence if they receive campaign contributions which are likely to be given by businesses or supporters who are men.

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.

National Report:
Para 30) Solomon Islands is looking at having a standalone legislation on slavery and people trafficking under the Immigration Act of 2012. Border enforcement agencies and relevant authorities in Solomon Islands are monitoring logging and fishing operations throughout the country to prevent the commercial exploitation of women and girls.
Para 66) Solomon Islands authorities within the Ministry of Commerce, Industries, Labour and Immigration supported by the International Migration Organization looked at the issue of child trafficking, child marriage, sexual exploitation of women in logging camps. Child Protection Committee has been established in the Western Province by Save the Children and Royal Solomon Islands Police Force (RSIPF).
Para 67) Under the Islander Marriage Act, the marriage age is 15 years of age. There is a review of the Act to increase the marriage age to 18.
Para 68) Family Support Centre organized sexual exploitation awareness workshops in eleven communities in five provinces namely Isabel, Makira Ulawa, Guadalcanal, Temotu and Rennell and Bellona.
Para 69) The government in collaboration with the International Organization for Migration placed provisions under the Immigration Act 2012 to counter trafficking in persons. Amendments to the Penal Code (Amendment) (Sexual Offences) Act 2016 was also done to address trafficking in person and sexual exploitation; so far two perpetrators are before the courts and one was convicted.
Para 70) The Family Children and Welfare Act 2017 protects children from prostitution, pornography or marriage and hard labour. The Act aligns itself with the International Convention on the Rights of the Child. Currently, the minimum age for criminal responsibility by a juvenile under Solomon Islands Penal Code is 8–12 years of age. The draft Youth Justice Bill has increased the criminal responsibility from 10 to 14 years – Age under 10: not criminally responsible. Under the age of 14: not criminally responsible unless proven guilty beyond reasonable doubt.

UN Compilation:
Para 25) The United Nations country team noted that the 2016 Penal Code (amendment) (Sexual offences) Act introduced criminal liability for internal trafficking in persons and exploitation, including all forms of sexual exploitation, …
Para 26) The United Nations country team noted that gaps in legislation left children vulnerable to commercial sexual exploitation. The law did not criminally prohibit the exploitation of children between 15 and 17 years of age for prostitution. The law also did not criminally prohibit the use, procurement or offering of a child for the production of pornography or pornographic performances. While the law criminalized the production, distribution and possession of pornography, it did not contain additional penalties for child pornography. Moreover, laws did not prohibit the use of children in illicit activities, such as in the production of and trafficking in drugs.
Para 27) The CRC expressed serious concern about: the sale of girls to foreign workers in the natural resource sector for the purposes of sex and marriage; the fact that the sexual exploitation of children, such as the procuring of boys aged 15 to 17 years, or the offering of children aged 15 to 17 years for prostitution, was not criminalized; and the fact that the use, procurement or offering of a child for the production of pornography or pornographic performances was not criminalized.
Para 29) CRC expressed serious concern that the minimum age for marriage was still set at 15 under the Islanders Marriage Act.

Stakeholder Summary:
Para 27) JS3 noted that the Solomon Islands was a source, transit, and destination country for local and Southeast Asian men and women subjected to forced labour and forced prostitution, and local children subjected to sex and labour trafficking. Trafficking was closely linked to logging and mining activities, with such abuses often occurring at logging camps.
Para 55) ECPAT International noted that with the passing of the Immigration Act 2012 and Penal Code (Sexual Offences) Amendment Act 2016, the Solomon Islands had aligned its national legislation with international standards in terms of protecting children from exploitation in prostitution and from being trafficked for sexual purposes. However, important omissions persisted within the legislation that may leave children vulnerable to being sexually exploited.
Para 56) ECPAT International also noted that there were no provisions under Solomon Islands law that define or criminalize forms of online child sexual exploitation other than child sexual abuse materials, such as live streaming of sexual abuse material, online grooming, online sexual extortion or unsolicited sexting. Further, the law criminalizing child sexual abuse materials and associated conducts did not explicitly refer to offences committed in the online environment. Another omission in the law relating to child sexual abuse materials was the lack of an exemption clause concerning sexting between minors. The lack of such a clause may result in children becoming offenders for engaging in consensual sexting between peers or creating child sexual abuse materials in an abusive or exploitive situation.
Para 57) ECPAT International stated that children who were being used as nightclub, motel and casino workers in Honiara were being offered to clients for sexual services as part of their employment.
Para 58) ECPAT International also stated that the increasing use of mobile phones and the proliferation of Internet access presented potential and growing new vulnerabilities to the sexual exploitation of children in the online environment, including perpetrators’ new ways to groom and exploit children.
Para 59) ECPAT International noted that there were no provisions under the Solomon Islands legislation that criminalized forced marriage. Under the Islanders Marriage Act, children aged 15 and over may marry with the consent of a parent, guardian or judge.
Para 60) JS4 noted that young girls in the Solomon Islands continued to be a vulnerable group and faced great danger due to the persistence of harmful practices against them in the country.