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U.S. Department of State Country Report on Human Rights Practices 1998 - Solomon Islands

Publisher United States Department of State
Publication Date 26 February 1999
Cite as United States Department of State, U.S. Department of State Country Report on Human Rights Practices 1998 - Solomon Islands, 26 February 1999, available at: http://www.refworld.org/docid/3ae6aa4044.html [accessed 30 August 2014]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.
Solomon Islands, with its approximately 400,000 people, is an archipelago stretching over 840 miles in the South Pacific. Its government is a modified parliamentary system consisting of a single-chamber legislative assembly of 50 members. Executive authority lies with the Prime Minister and his Cabinet. The Prime Minister, elected by a majority vote of Parliament, selects his own Cabinet. Political legitimacy rests on direct election by secret ballot. There have been five general elections since independence in 1978, most recently in August. The judiciary is independent.

A police force of about 500 men under civilian control is responsible for law enforcement.

About 85 percent of the population engage to some extent in subsistence farming, obtaining food by gardening and fishing, and have little involvement in the cash economy. Approximately 10 to 15 percent of the working population (15 years and older) are engaged in nonsubsistence production. Due to a sharp drop in demand for tropical timber, 50 percent of jobs in that major export industry were lost in 1998. The civil service, which employs about 37.5 percent of those in formal employment, is being reduced by about 5 percent as part of a government­restructuring program.

Most basic individual rights are provided for in the Constitution, respected by authorities, and defended by an independent judiciary. Discrimination and violence against women remain problems. There is a constitutionally provided ombudsman to look into and provide protection against improper or unlawful administrative treatment.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial killings.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

These practices are prohibited by law. Complaints of excessive use of force by police when making arrests, as well as other complaints about police behavior, are handled by the police's internal investigations office or by the courts. In January the police opened a public complaints office in the capital. There were no reports of excessive use of force by the police during the year.

Prison conditions meet minimum international standards. A new prison complex, slated for completion in 1997, was to have provided separate facilities for short-, medium-, and long-term prisoners, as well as for juvenile offenders. It remains uncompleted due to lack of funds. A government-appointed Committee of Mercy, comprised of church and social leaders, recommends pardons for rehabilitated prisoners.

There are no human rights organizations in the country, and the question of whether the Government would permit visits by human rights monitors has never arisen.

d. Arbitrary Arrest, Detention, or Exile

There was no evidence of politically motivated arrests or detentions. Exile is not practiced.

e. Denial of Fair Public Trial

The Constitution provides for an independent judiciary and it is independent in practice.

The judicial system consists of a High Court and magistrates' courts. Accused persons are entitled to counsel. The law provides for a judicial determination of the legality of arrests. Officials found to have violated civil liberties are subject to fines and jail sentences.

There were no reports of political prisoners.

f. Arbitrary Interference With Privacy, Family, Home, or Correspondence

In addition to legal provisions, the traditional culture provides strong protection against these types of abuses. A constitutionally provided ombudsman, with the power of subpoena, can investigate complaints of official abuse, mistreatment, or unfair treatment. The Ombudsman's Office did not report any incidents involving interference with these rights. While the Ombudsman's office has potentially far-ranging powers, it is limited by a shortage of investigators and other resources.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Government generally respects the constitutional provisions for freedom of speech and of the press.

The media comprise the Solomon Islands Broadcasting Corporation (SIBC), a statutory body that comes directly under the Prime Minister's office and whose radio broadcasts are heard throughout the country; a privately owned FM radio station; and three privately owned weekly or semiweekly newspapers. Given the high rate of illiteracy, the SIBC is more influential than the print media. The Department of Information in the Prime Minister's office publishes a monthly newspaper, which is strongly progovernment. At least two nongovernmental organizations (NGO's) publish periodic news journals; their environmental reporting frequently is critical of the Government's logging policy and foreign logging companies' practices. A private company began transmitting one Australian television channel to the country in mid-year. There is no locally produced television.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for the right of association, and this right is freely exercised. Demonstrators must obtain permits, but permits are not known to have been denied on political grounds.

c. Freedom of Religion

The law provides for freedom of religion, and the Government respects this provision in practice.

d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation

The Government places neither legal nor administrative restrictions on the movement of citizens within or out of the country. Native-born citizens may not be deprived of citizenship on any grounds.

The Government has provided first asylum to persons from Papua New Guinea's Bougainville Island, who fled the conflict that started there in 1989. Following the 1998 peace settlement, many have returned home. According the United Nations High Commissioner for Refugees, there are less than 50 documented Bougainville refugees remaining. It is estimated that approximately 500 additional Bougainvillians are temporarily sheltering in the country, of whom about 250 reside in Red Cross-administered care centers.

The Government negotiated agreements with the Government of Papua New Guinea to establish means for traditional border crossers in southern Bougainville and the northern Solomon Islands to pass easily between the two countries.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

Citizens have the right to change their government through periodic free elections. Since independence in 1978, there have been five parliamentary elections, most recently in August 1997, and several elections for provincial and local councils. On four occasions, changes of government resulted from either parliamentary votes of no confidence or the resignation of the Prime Minister. Suffrage is universal over 18 years of age.

Traditional male dominance has limited the role of women in government. Although 14 women ran for Parliament in the 1997 elections, only 1, the previous incumbent and sole woman in Parliament, was elected.

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

While there are no restrictions on the formation of local organizations to monitor and report on human rights, none has been established to date. There were no known requests for investigation by outside human rights organizations.

Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

The Constitution provides that no person--regardless of race, place of origin, political opinion, color, creed or disability--shall be treated in a discriminatory manner in respect of access to public places. The Constitution further prohibits any laws that would have discriminatory effects and provides that no person should be treated in a discriminatory manner by anyone acting in an official capacity. Despite constitutional and legal protections, women remain the victims of discrimination in this tradition-based society. Unemployment is high, and there are limited job opportunities for the disabled.

Women

While actual statistical data are scarce, incidents of wife beating and wife abuse appear to be common. In the rare cases that are reported, charges often are dropped by the women before the court appearance or are settled out of court. The magistrates' courts deal with physical abuse of women as with any other assault, although prosecutions are rare. During the year, the Police Department began a series of lectures on domestic violence and child abuse for police officers and for the community. Police officers are now ordered to treat all such incidents like any other criminal offense. Regional police commanders are continuing the lecture series in their areas.

The law accords women equal legal rights. However, in this traditional society men are dominant, and women are limited to customary family roles. This situation has prevented women from taking more active roles in economic and political life. A shortage of employment opportunities throughout the country has inhibited the entry of women into the work force. The majority of women are illiterate; this is attributed in large part to cultural barriers. The National Council of Women and other NGO's have attempted to make women more aware of their legal rights through seminars, workshops and other activities. The Government's Women Development Division also addresses women's issues.

Children

Within the limits of its resources, the Government is committed to the welfare and protection of the rights of children. There is no compulsory education, and, according to some estimates, only 60 percent of school-age children have access to primary education; the percentages of those attending secondary and tertiary institutions are much smaller. Children are respected and protected within the traditional extended-family system, in accordance with a family's financial resources and access to services. As a result, virtually no children are homeless or abandoned. Although some cases of child abuse are reported, there is no societal pattern of abuse. The Constitution grants children the same general rights and protection as adults. Existing laws are designed to protect children from sexual abuse, child labor, and neglect.

People With Disabilities

There is no law or national policy on the disabled, and no legislation mandates access for the disabled. Their protection and care are left to the traditional extended family and nongovernmental organizations. With high unemployment countrywide and few jobs available in the formal sector, most disabled persons, particularly those in rural areas, do not find work outside the family structure. The Solomon Islands Red Cross continued to conduct private fund-raising efforts to build a new national center for disabled children.

Section 6 Worker Rights

a. The Right of Association

The Constitution implicitly recognizes the right of workers to form or join unions, to choose their own representatives, to determine and pursue their own views and policies, and to engage in political activities. The courts have confirmed these rights. Only about 10 to 15 percent of the population participates in the formal sector of the economy. Approximately 60 to 70 percent of wage earners are organized (90 percent of employees in the public sector and about 50 percent of those in the private sector).

The law permits strikes. Disputes are usually referred quickly to the Trade Disputes Panel (TDP) for arbitration, either before or during a strike. In practice, the small percentage of the work force in formal employment means that employers have ample replacement workers if disputes are not resolved quickly. However, employees are protected from arbitrary dismissal or lockout while the TDP is deliberating. In July the High Court dismissed the Government's request for an injunction against a public service strike that was called over the Government's refusal to negotiate a government-wide downsizing of the public service.

Unions are free to affiliate internationally, and the largest trade union, the Solomon Islands' National Union of Workers, is affiliated with the World Federation of Trade Unions, the South Pacific Oceanic Council of Trade Unions, and the Commonwealth Trade Union Congress.

b. The Right to Organize and Bargain Collectively

The Trade Disputes Act of 1981 provides for the rights to organize and to bargain collectively and unions exercise these rights frequently.

Wages and conditions of employment are determined by collective bargaining. If a dispute between labor and management cannot be settled between the two sides, it is referred to the TDP for arbitration. The three-member TDP, comprising a chairman appointed by the judiciary, a labor representative, and a business representative, is independent and neutral.

The law protects workers against antiunion activity, and there are no areas where union activity is officially discouraged.

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

The Constitution prohibits forced labor, including forced and bonded labor by children, and, except as part of a court sentence or order, this prohibition is observed.

d. Status of Child Labor Practices and Minimum Age for Employment

The law forbids child labor by children under the age of 12, except light agriculture or domestic work performed in the company of parents. Children under age 15 are barred from work in industry or on ships; those under age 18 may not work underground or in mines. The Labor Division of the Ministry of Commerce, Trade, and Industry is responsible for enforcing child labor laws. Given low wages and high unemployment, there is little incentive to employ child labor.

Forced and bonded labor by children is constitutionally prohibited and is not known to occur (see Section 6.c.).

e. Acceptable Conditions of Work

The minimum wage rate is $0.31 per hour (1.50 Solomon Islands dollars) for all workers except those in the fishing and agricultural sectors, who receive $0.25 (1.25 Solomon Islands dollars). The legal minimum wage is not sufficient to support an urban family living entirely on the cash economy. However, most families are not dependent solely on wages for their livelihoods.

The Labor Act of 1969, as amended, and the Employment Act of 1981, as well as other laws, regulate premium pay, sick leave, the right to paid vacations, and other conditions of service. The standard workweek is 45 hours and is limited to 6 days per week. There are provisions for premium pay for overtime and holiday work and for maternity leave.

Both an active labor movement and an independent judiciary ensure widespread enforcement of labor laws in major state and private enterprises. The Commissioner of Labor, the Public Prosecutor, and the police are responsible for enforcing labor laws. However, they usually react to complaints rather than routinely monitoring adherence to the law. The extent to which the law is enforced in smaller establishments and in the subsistence sector is unclear. Safety and health laws appear to be adequate. Malaria is endemic in the country and affects the health of many employees. Agricultural workers have a high risk of contracting malaria.

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