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 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 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.

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 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.

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 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 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”.

National Report:
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%,42 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.

Para 87) A recommendation noted from the on-going review of the Education Act is for pregnant female students to return to mainstream education system after giving birth. This will increase opportunities for such students to further their education.