Human rights in Solomon Islands

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Solomon Islands is a sovereign country in Melanesia consisting of many islands with a population of 561,231 (2013). It became self-governing from the United Kingdom in 1976 after three previous attempts at forming a Constitution. [1] The Constitution of Solomon Islands was enacted in 1978. This however led to conflicts between cultures and armed conflict in the late 1990s forced a review of the 1978 Constitution. [2] This review resulted in the Federal Constitution of the Solomon Islands Bill 2004 (SI) and various other amendments. The Human Rights Chapter, however, remained unchanged.

Contents

As per The Constitution of Solomon Islands Statutory Instruments [3] Chapter II outlines the Fundamental Rights and Freedoms of the Individual:

  1. Fundamental Rights and Freedoms of the Individual
  2. Protection of Right to Life
  3. Protection of Right to Personal Liberty
  4. Protection from Slavery and Forced Labour
  5. Protection from Inhumane Treatment
  6. Protection from Deprivation of Property
  7. Protection for Privacy of Home and other Property
  8. Provisions to secure Protection of Law
  9. Protection of Freedom of Conscience
  10. Protection of Freedom of Expression
  11. Protection of Freedom of Assembly and Association
  12. Protection of Freedom of Movement
  13. Protection from Discrimination of Grounds of Race Etc.
  14. Provisions for periods of Public Emergency
  15. Compensation for Contravention of Rights and Freedoms
  16. Enforcement of Protective Provisions
  17. Interpretations and Savings

However, there are Human Rights concerns and issues in regards to education, water, sanitation, women and persons who identify as lesbian, gay, bisexual or transgender (LGBT)

International treaties

Solomon Islands joined the United Nations in 1978. It is party to four of the nine core human rights treaties - the International Covenant on Economic Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC). [4] In May 2011, Solomon Islands issued a standing invitation to the UN Special Procedures. [5]

Education

In a 2011, the UN released a UPR [6] which outlined the current availability of education as being limited for the poor island state. Despite the government's 2010 policy statement, [7] which committed to ensuring all Solomon Islanders have equal access to quality education, this is an ongoing issue that is still being addressed. Statistics show that overall primary attendance rate at 65.4 percent, this increased in urban areas to 72 percent. [8]

Because of the ‘Fee Free Primary Education’ policy of the government, primary education is free and financed by overseas donors. However it is not compulsory. Article 15 of ICESCR requires compulsory primary education, as does article 28 of the CRC. In the report's recommends that basic primary quality education should be compulsory.

There is also limited access to education for children with disabilities. This is a cultural and social issue as well as a human rights concern. The traditional view is that persons with disabilities are cared for and looked after, therefore not required or expected to be an active part in the community. This charitable approach has led to the majority of children with disabilities having no real access to education. [9] Following the Government's 2010 policy, the UPR [6] urges the government to give this the highest priority to give children equal opportunity.

Another issue integrated to this is the lack of certified teachers who do not take interest in what they are doing. In a 2010 UNICEF mid-term report on education it was estimated that 50 percent of teachers in the Solomon Islands are unqualified. [10] The report recommends that the government allocate more of its budget on developing an adequate infrastructure such as training professional teachers, having more schools and classrooms as well as ensuring teachers are paid on time.

Secondary school

Article 28 1(b) of the CRC requires governments to encourage the development of different forms of secondary education, available and accessible to every child, and to take appropriate measures such as the introduction of free education and offering financial assistance in case of need. In a 2006-2007 survey, 29 out of every 100 children (12–18 years old) attended secondary school. [11] This figure was worse in rural areas and people surveyed stated that secondary school fees were too expensive for families. The UPR report recommended increasing accessibility to secondary school.

Water and sanitation

The issue of safe drinking water is one that affects 355,000 Solomon Islanders. [12] Although fresh water is available year-round in some places, the islands often suffer from severe water shortage. Water-borne disease and lack of proper sanitation is a major risk and concerned locals have commented that sickness caused from unsafe drinking water has prevented children from attending school. Around half of primary schools have access to safe drinking water. Article 15 ICESCR sets out the criteria for the full enjoyment of the right to water including availability, quality and accessibility.

In Honiara, the capital of Solomon Islands, there are many overcrowded slums as a result of people moving to urban areas in search of opportunities. There was not adequate infrastructure to deal with the influx of inhabitants during the 1970s and 1980s. This has resulted in the unavailability of clean water, leaving residents faced with a long and sometimes dangerous journey to find it. These people often opt instead to wash clothes, dishes and themselves in dirty water, putting them at risk of disease. [13] : 5 

The right to sanitation is an integral part of the right to an adequate standard of living, defined in Article 11(1) of the ICESCR. As well as relating to right to health, housing and water, the UN CRC recognizes the right for access to sanitation. According to a 2009 survey of Honiara, only a quarter of residents had adequate toilet facilities. Around 55 percent relieved themselves either in the sea, a river, or nearby toilets. [14]

Women's rights

Although the Solomon Islands are party to CEDAW, women's rights and access to adequate sanitation are limited. Women are not treated equally to men as witnessed by Amnesty International which reported they witnessed 100 young women and girls as well as 2 elderly men collect water from a broken pipe. When asked why no men were collecting the water, they replied that the men were drunk or playing sports. This was also found in another slum where the men were also high on drugs. [13] : 8 

The lack of adequate water supply has led to a rise of violence against women, who have to walk further and more often to get water or to go toilet, bathe or to obtain drinking water. This is an issue especially in Honiara's slums where men attack women either physically or sexually making them too afraid to use communal toilets at night. Rape and other abuse is generally unreported to police as women and girls fear reprisals from their attackers. [13] : 10  The government has acknowledged the ongoing violence towards women and in 2010 approved a national policy to eliminate violence against women. This was a result of lobbying by women's groups.[ citation needed ]

In 2011 the Women's Rights Action Movement was founded, which built on the lobbying of the previous years. Its purpose is to challenge the government of the Solomon Islands on women's rights issues, as well as to enable women to be part of political decision-making processes. [15]

LGBT rights

Right to privacy

The lack of a women's right to privacy in Solomon Islands is more prevalent in the slums with shared bathing, washing and toilets facilities. There are reports of not being able to wash themselves adequately and being spied on or whistled at. A lack of privacy is demeaning and embarrassing. [13] : 12 

Right to housing

When the issue of inadequate housing and facilities especially regarding the slums was broached to government officials, they explained it was the fault of the people and not of the government. The slums sit mostly on Honiara City Council Land, which the ministry of land, housing and survey is responsible for. This issue of state negligence has not been resolved. [13] : 14 

Freedom of expression

On November 17, 2020, the country announced they will be banning Facebook, becoming only the fifth country in the world to do so. They cited abusive language, including against government officials, and the need to 'protect the youth' as the main reasons. [16]

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<span class="mw-page-title-main">International Covenant on Economic, Social and Cultural Rights</span> Covenant adopted in 1966 by United Nations General Assembly resolution

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of February 2024, the Covenant has 172 parties. A further four countries, including the United States, have signed but not ratified the Covenant.

Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

<span class="mw-page-title-main">Human right to water and sanitation</span> Human right recognized by the United Nations General Assembly in 2010

The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right by the United Nations General Assembly on 28 July 2010. The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ius cogens and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the 1989 Convention on the Rights of the Child (CRC).

<span class="mw-page-title-main">Right to food</span> Human right

The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity, and malnutrition. The right to food implies that governments only have an obligation to hand out enough free food to starving recipients to ensure subsistence, it does not imply a universal right to be fed. Also, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly.

<span class="mw-page-title-main">Right to housing</span> Economic, social and cultural right

The right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognized in some national constitutions and in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights. The right to housing is regarded as a freestanding right in the International human rights law which was clearly in the 1991 General Comment on Adequate Housing by the UN Committee on Economic, Social and Cultural Rights. The aspect of the right to housing under ICESCR include: availability of services, infrastructure, material and facilities; legal security of tenure; habitability; accessibility; affordability; location and cultural adequacy.

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Tonga is a constitutional monarchy with a population of approximately 130,000. Politics and the economy are dominated by the king, the nobility, and a few prominent commoners. Economic, social and cultural rights are generally well respected. There are, however, a number of issues concerning protection of civil and political rights, particularly freedom of expression, and rights to political participation. Violence against women is a serious issue.

The Universal Periodic Review (UPR) is a state monitoring mechanism of the United Nations Human Rights Council (HRC). It was established by General Assembly resolution 60/251 in 2006 to periodically review the protection and promotion of human rights in each of the 193 United Nations (UN) Member States. New Zealand has been reviewed twice via the UPR in 2009 and 2014.

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<span class="mw-page-title-main">Human rights in East Timor</span>

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The Cook Islands are 15 small islands scattered over 2 million km squared of the South Pacific. According to the latest census, the nation has a total population of approximately 18,000 people. Spread in population between the mainland capital, Rarotonga, and the Outer Islands mean inequality in terms of delivery of public services. Internal migration between Rarotonga and the Outer Islands is relatively high due to lack of schooling and employment opportunities, and increased living standards and availability of medical and educational services in Rarotonga.

The Republic of Vanuatu is a parliamentary democracy with a population of approximately 326.000. The Constitution of Vanuatu is supreme law and sets out the legal framework which deals with the respect of human rights.

Tuvalu is a small island nation in the South Pacific, located North of Fiji and North West of Samoa. The population at the 2012 census was 10,837. Tuvalu has a written constitution which includes a statement of rights influenced by the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights. While most human rights in Tuvalu are respected, areas of concern include women’s rights and freedom of belief, as well as diminishing access to human rights in the face of global warming. The latter has played a major role in the implementation of human rights actions in Tuvalu given its geographical vulnerability and scarce resources.

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<span class="mw-page-title-main">Human rights in the Marshall Islands</span>

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References

  1. ↑ British Solomon Islands Order 1960 (UK), British Solomon Islands Order 1970 (UK), British Solomon Islands Order 1974 (UK),
  2. ↑ "Breaking the Mould : Constitutional Review in Solomon Islands" (PDF). Victoria.ac.nz. Archived from the original (PDF) on 2016-03-11. Retrieved 2016-03-10.
  3. ↑ "Constitution 1978". Paclii.org. Retrieved 2016-03-10.
  4. ↑ "Treaty bodies Treaties". Tbinternet.ohchr.org. Retrieved 2016-03-10.
  5. ↑ "Standing Invitations". Archived from the original on March 30, 2015. Retrieved March 28, 2015.
  6. 1 2 "Universal Periodic Review (UPR) for Solomon Islands" (PDF). Franciscansinternational.org. Archived from the original (PDF) on 2012-10-20. Retrieved 2016-03-10.
  7. ↑ National Coalition for Reform and Advancement (NCRA) Government Policy Statement, Office of the Prime Minister, Honiara, October 2010, item 4.2.5, p 13.
  8. ↑ Solomon Islands Demographic and Health Survey 2006-2007, item 2.8.1, p28.
  9. ↑ Pacific Islands Forum Secretariat, Forum Disability Ministers‟ Meeting, Rarotonga, Cook Islands, October 2009, p5
  10. ↑ UNICEF Pacific Education Programme, Mid Term Review: Ensuring Children‟s Rights to, in, through Education, 2010, p8
  11. ↑ Solomon Islands Demographic and Health Survey 2006-2007 pg 29 and 30
  12. ↑ AusAID project
  13. 1 2 3 4 5 “Where is the dignity in that?” Women in Solomon Islands Slums denied sanitation and safety (September 2011) Amnesty International.
  14. ↑ World Health Organization and United Nations Children’s Fund Joint Monitoring Programme for Water Supply and Sanitation, Progress on Sanitation and Drinking-water: 2010 update p.12
  15. ↑ "Women's rights movement launch - Solomon Star News". www.solomonstarnews.com. Archived from the original on 2021-01-21. Retrieved 2021-02-15.
  16. ↑ "Solomon Islands to ban Facebook". RNZ.
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