UPR Sexual Rights Database

"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:
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).

National Report:
Para 23) Reform of the Penal Code with provisions to criminalize all forms of sexual violence under the Penal Code (Amendment) (Sexual Offences) Act 2016 is in place. Reforms on the other sections of the Penal Code is a work in progress.
Para 53) The Penal Code (Amendment) (Sexual Offences) Act 2016 is in compliance with the spirit and purpose of CEDAW. These covers matters relating to the definition of consent and strengthening the provisions for “Rape”.
Para 56) Protecting the rights of women and girls is advocated by the Women’s Development Division and the Government ministries annually through, the Sixteen days of Women activism, International Women’s Day, Campaign against Gender Based Violence, and the International Day of Rural Women. The Family Protection Act 2014 awareness are shared with the communities, on the importance to safeguard families for a better and peaceful home, awareness is also done in the Public service through the Institute of Public Administration and Management (IPAM).
Para 63) Solomon Islands has in place a Family Protection Act (FPA) 2014, which provides greater protection and access to justice for families, girls, women and children, persons with disabilities and victims of gender violence. The Act criminalizes domestic violence, protection and support mechanism for gender violence survivors. There is also a Child and Family Welfare Act (2017) that seeks to address the welfare and protection of children. The Act empowers the courts, Police, Social welfare and health care professionals to assist the victims.
Para 64) Solomon Islands established a National SAFENET referral network in 2013. The SAFENET referral assists victims to obtain access to justice, health, legal and related support services. SAFENET has progressively strengthened with the training of police officers, of which some 650 were trained from 2016 to 2017. SAFENET has been equipped with operating procedures, and guidelines.
Para 65) SAFENET in partnership with UN Women is now established in four of the nine provinces in the country as of 2018. The provinces are Western, Makira, Temotu and Isabel. SAFENET is currently being monitored by Solomon Islands Ministry of Women Youth, Children and Family Affairs in coordination with UN Women.

UN Compilation:
Para 38) The United Nations country team noted that prevalence rates of gender-based violence in Solomon Islands were almost twice the global average. It also noted that, since measures for the prevention of the spread of COVID-19 had limited movement and encouraged home isolation, the number of women seeking domestic violence support services had increased.
Para 46) CRC expressed serious concerns about: the reportedly high level of abuse of children, including domestic violence and sexual abuse, and the reported sexual exploitation of girls in the logging and tourism industry; inadequate resources to enforce the laws designated to protect children from all forms of abuse; inadequate structures in place to support child victims of violence and abuse, such as shelters, counselling, rehabilitation and reintegration procedures for child victims of crimes, or special procedures for child witnesses involved in court proceedings; and the shortage of specialized personnel in the Social Welfare Division.
Para 54) The United Nations country team noted that women with disabilities experienced higher levels of violence …

Stakeholder Summary:
Para 23) JS4 noted that prevalence rates of family sexual violence in the Solomon Islands, including physical and sexual abuse were one of the highest in the world, reported at approximately 64 per cent in 2018.

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.