UPR Sexual Rights Database

National Report:
Para 53) The LRC received instructions to research and consult with stakeholders in government and NGOs towards the review of the minimum age of marriage from 15 to 18 years with consent and from 18 years and above without consent, under the Islanders Marriage Act and relevant ordinances.

"""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 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 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.

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.

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.

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 ...