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Education and health services continue to receive the first and second largest proportions of the government budget allocations, respectively, for the past five years.
The government budgetary allocations to the social sectors such as education, health, agriculture and fisheries for the past five years varies between 12 and 15 per cent (12%-15%) of the total national budget for each of the education and health sectors, and 7 per cent (7%) for agriculture and fisheries. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
About 57 per cent of the health programme funds were for child health activities.
59.
External donor support has also been focused on the education and health sectors, with about 70 per cent of donor support for the period 1990 to 1996. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The World Bank is sponsoring its Third Education and Training Project (US$ 16.5 million) during the period 1993-1998, which targets seven components of education.38 The European Union Rural Health Services Project of ECU 5 million was to improve the rural health facilities, train health workers and establish a nationwide health information system.
The UNFPA Family Health Project of US$ 3.5 million was earmarked for use in improving Reproductive Health and Maternal and Child Health (MCH) services. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The AusAid/UNICEF support of US$ 2.8 million was directed to MCH services, the Family Planning Project, Expanded Programme of Immunization (EPI) and other child-related activities.
AusAid support of A$ 0.56 million was directed toward MCH activities funded either on a bilateral basis or through NGOs such as SCFA.
In the case of SCFA, funding amounted to approximately SI$ 1.5 million, three quarters coming from AusAid and a quarter directly from the Australian public.
60. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
60.
Financial input from regional organizations and NGOs through the Red Cross Society of Solomon Islands - both for child-related activities and for Children in Especially Difficult Circumstances (CEDC) - for each of the past five years has exceeded those in previous years.
Establishment of organizations such as the FSC, numerous church-supported women’s groups and other groups whose main focus is women and children’s affairs is encouraging. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Due to the good relationships the NGO networks have with Government - especially in the education and health sectors - funds can be channelled directly to specific areas of need via these NGOs from external sources. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
These include: JICA - Japan International Cooperation Agency; WHO - World Health Organization; SIPPA - Solomon Islands Planned Parenthood Association; NZODA - New Zealand Overseas Development Assistance; EU - European Union; UNDP - United Nations Development Programme; CRC/C/51/Add.6 page 23 UNESCO - United Nations Educational, Scientific and Cultural Organization; UNICEF - United Nations Children’s Fund; Other bilateral aid donors such as Republic of China (National Hospital and experimental farm).
61. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
61.
Recent difficulties in acquitting funding supplied to the national treasury for specific projects has caused delays in further funding from some donors.
II.
DEFINITION OF THE CHILD Legal context 62.
The Convention on the Rights of the Child requires that States parties define childhood as the period prior to attaining the age of 18 years, for all legislation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Within the laws and ordinances of Solomon Islands there is great variation and perhaps inconsistency in how the child is defined for purposes of health care, imprisonment or legal protection.
63.
The Solomon Islands Constitution of 1978, section 55 (1) (a), has set the minimum voting age of 18 years.
In this regard the Definition of the Child in article 1 of the CRC is consistent with the national Constitution. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The Juvenile Offenders Act 1972 defines a “child”, in terms of age, as one under the age of 14 years.
The Act defines “young person” as one who has reached 14 years of age or more and is under the age of 18 years.
64.
Under the Penal Code, section 14, a person under the age of 8 years is not criminally responsible for any act or omission; therefore no child under the age of 8 years can be guilty of an offence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
A child between the age of 8 and 12 years can be found guilty only if it can be proved that the child knows that what is committed is a crime.
Children under the age of 14 years cannot be placed in prison except when they have become serious repeated offenders. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
As there are currently no juvenile detention facilities in Solomon Islands, children and young persons are not placed in prison to serve their sentences unless they are apprehended along with a group which includes adults, tried as a group and convicted of committing a grave crime.
65.
The Penal Code (Cap 5) section 201 states a child is deemed to be a person when the child has completely proceeded in a living state from the body of his/her mother. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The Penal Code also stipulates as crimes infanticide and abortions, abduction of children, sexual defilement of children under 15 years of age, rape, child trafficking, and disposing of minors under the age of 15 years for immoral purposes.
Section 204 of the Penal Code states that it is the duty of the head of family or tenants of a house to provide for the necessaries of life for any child under 15 years under their care.39 66. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The Islanders’ Marriage Act (Cap 47) states that no marriage shall be celebrated unless each of the parties has attained 15 years of age.
Also no Islander under the age of 18 (who is not a widow or widower) may be married without written consent of the father or, in his absence, the mother or, in her absence, the guardian.
This and other laws have recently been reviewed and are in the process of revision by the Law Reform Commission.
CRC/C/51/Add.6 page 24 Implementation 67. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
CRC/C/51/Add.6 page 24 Implementation 67.
In terms of consent for medical counselling and operations, the minimum age is 18 years.
Health practices are flexible whereby children in Grade 6 (12 years and over) may access reproductive health services without the need for consent of parents or guardians.
68.
The Labour Act (Cap 75) (sects.
84 to 87, inclusive) sets out the circumstances in which employment of children at ages below 18 but above 12, 15, 16 years is allowed or prohibited. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Employment of children under 12 years of age is prohibited with the exception of light agricultural or domestic work done in the company of one or both of the child’s parents.
Minimum age for recruitment into the disciplined force is 18 years.
69.
Under the Liquor Act (Cap 33), section 74 - as amended in 1988 - it is illegal to sell or supply alcohol to people under the age of 21 years.40 Constraints and recommendations 70.
Some laws treat boys differently from girls, e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Some laws treat boys differently from girls, e.g.
in the Labour Act listed above wherein females between 16 and 18 are not given the opportunity to seek work underground in mines or at night with permission of the Labour Commissioner, but males are.
Also there are various sections of the Penal Code wherein boys are not specifically protected from various forms of sexual abuse, e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
boys are mentioned specifically only in section 153 on male buggery while females are specifically protected throughout sections 128 through 144, inclusive.
This is probably due to the antiquated nature of the British law that formed the basis for Solomon Islands’ law at the time of independence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
There are also various traditions/cultures where preference is given to boys (patrilineal society) or girls (matrilineal society).41 In terms of education, there is a tendency in some families to put priority on the boy’s education.
This is slowly changing.
71.
For purposes of organizing youth groups, youth in the Solomon Islands include unmarried persons 15 years of age and older extending to age 30. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
This is particularly problematic for reporting the status of children as many programmes organized for “youth” involve participation of young adults either at the age of majority or well beyond.
Children may then be defined as those from birth to 15 years of age, but may then also include those in the youth category between 15 and 18 years of age.
At present, younger children’s affairs have been tied to women’s affairs for governmental organizational purposes.
72. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
72.
When drafting a Solomon Islands’ Child Bill, it is imperative to unify these varying interpretations of the child so that its statutes protect all people under the age of 18 years.
The articles of the Convention on the Rights of the Child apply human rights protection to all under the age of 18 years.42 Solomon Islands has acceded to the CRC and having done so is bound to its terms as an international treaty. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
However, there is also a practice in Solomon Islands of drafting compatible legislation locally to ensure particular Convention components become part of the law of the land.
CRC/C/51/Add.6 page 25 73.
The legal age to purchase and consume alcohol was increased to 21 years of age in 1988.
There is significant doubt as to whether this age limit is enforceable, e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
please note an article in a local newspaper in January 1998, addressing the issue of persons under the age of 18 being present in nightclubs.43 The article highlights the lack of legislative protection governing the presence of children in licensed clubs.
Indeed, there appears to be no prohibition against the presence of under-age persons in licensed clubs as long as they are not buying or consuming alcoholic beverages or as long as they are not intoxicated upon arriving at the club. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
This omission needs to be addressed promptly.
Equally surprising is the apparent assumption amongst those interviewed for the article that those persons who had attained the age of 18 years might be legally served alcohol.
If enforcement of legislation is to be realized, public awareness of the law must be raised to a significant degree.
III.
GENERAL PRINCIPLES A. Non-discrimination 1.
Legal context 74. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Legal context 74.
The Solomon Islands Constitution 1978 by implication accords children the same rights and protection as all adults except the right to vote.
These rights include the right to life, security, liberty, and protection of the law; the freedoms of expression, movement, thought, religion or belief, assembly and association; protection from discrimination on the grounds of colour, race, place of origin, creed or gender.
2.
Implementation 75. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
2.
Implementation 75.
Health and medical services are accessible to every citizen of Solomon Islands free of charge or for minimum charges.
All maternal and child health services of the Government are free of charge and treatment of infectious diseases such as malaria, TB, leprosy and diarrhoea are not to be charged for.
Immunization services (including vaccines) in the public sector are freely available as well.
This policy also extends to the private sector (MHMS, 1996). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
However, in Honiara, private clinics do indeed charge for these services.
The private sector practitioners request that Government reimburse their costs or supply funds to cover provision of their services.
However, inherent to arrangements for transfers of funds between Government and private sectors, are many questions of accountability.
In addition, due to current governmental budgetary constraints, Government cannot comply. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Therefore this health policy is not currently enforceable in the private sector.
76.
Certain large employers in rural areas are required to provide health and medical services to residents in the surrounding area even though those persons may not be employed by the company, e.g.
Solomon Islands Plantations Limited and Lever Brothers Plantations. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
In return for providing these services, MHMS subsidizes the companies’ total costs of pharmaceuticals by one third and includes their health-care staff in periodic training and seminars sponsored by the Government.
CRC/C/51/Add.6 page 26 77.
The Government has accorded the same accessibility to basic health care and primary education services for Bougainvillean refugees as provided for Solomon Islands citizens on humanitarian grounds. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Immigrants are not discriminated against in their access to and utilization of social services.
78.
In terms of disparities between rural versus urban service areas, it is difficult to attain a balance in relation to the quality of services provided.
Better schools and higher standards of education are more frequently available to urban residents.
Church and private schools - both primary and secondary - appear to offer higher standards than government schools. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
As for health services, there is an excellent structure in place throughout the country where health facilities, staff and services are fairly accessible to rural populations and of similar quality to those found in urban areas.44 3.
Constraints and recommendations 79.
The Constitution prohibits discrimination.
It also recognizes the need to preserve indigenous cultures and traditions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
But any “kastom” (customary) law or tradition that is in conflict with the Constitution is null and void since the Constitution is the supreme law of the land.
Thus customs which discriminate against people based on gender, ability, ethnicity, or religious affiliation are theoretically unconstitutional and illegal.
Most Solomon Islands cultures have well-defined roles for men and women.
These roles may include institutionalized discriminatory practices, e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
transfer of “ownership” of women and their offspring via payment of bride price.
The argument has been made that, historically, bride price protected women from mistreatment by ensuring the family into which she married valued her sufficiently to make the payment.
In more recent times, large cash payments may have modified the interpretation of bride price to more closely resemble “ownership” or “purchase” than had been the case previously. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
This example of conflict between traditional and modern values is typical of the issues facing women and children in Solomon Islands.
80.
The Situation Analysis of Women and Children notes: Women in traditional Melanesian culture were the child educators, food producers and resource managers.
The current transition from subsistence to cash economy is exerting pressure on women, changing and undermining their roles as well as increasing their workload45 ... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Wage labour, migration and the growing demand for cash have tended to increase women’s role in both food and cash crop production ...
Heavy workloads and high fertility often mean that women pass work on to their young daughters.46 81.
In formal employment women comprised 21 per cent of the 1993 workforce statistics.
Their limited access to education and training greatly disadvantage them in the labour market. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
For example, clerical and sales work comprise more than 60 per cent of female labour participation in Honiara.
Only a few women hold senior management positions.47 CRC/C/51/Add.6 page 27 82.
In many matrilineal societies where women own the land, their influence may be exerted through a male member of the clan. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Payment of “bride price”, still widely practised in areas such as Malaita and parts of Guadalcanal, signifies the economic and social value attached to women’s reproductive roles, but may also signify the oppression of women.
“Generally a woman is subordinate to her husband and is expected to obey him.
She is at the mercy of her husband who has already paid for her price.”48 83. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Migration and mobility also lead to the rising trend of inter-island or cross-cultural marriages, which can place enormous stress on women and girls.
Cultural practices, religion and language vary greatly amongst cultural groups and the onus most frequently falls on the woman to make the adaptation in her marriage.
84. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
84.
Females are greatly underrepresented in secondary schools; teenage pregnancies are as high as 20 per cent of all recorded deliveries in some provinces; only a quarter of women eat balanced meals49 and the female literacy rate is only 17 per cent.
Measures to redress the imbalance in access to education are urgently needed.
Failure to undertake such measures is tacitly endorsing inequality as well as limiting development at both the individual and national levels. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The fact that many women are left outside of the mainstream is reflected in the educational status of the nation’s children.
In practice, therefore, the constitutional requirement for non-discrimination appears to be ignored.
85.
Solomon Islands has yet to sign the Convention on the Elimination of All Forms of Discrimination against Women.
Some feel there is no institutionalization of discrimination in this country. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
They assert that everyone is accorded equal rights and freedoms despite the fact that some people are disadvantaged with regard to equal access to resources and as a result of development.
Solomon Islands is still a traditional society thus “kastom” practices and “tambu” still play an influential part in the way its people do things and behave.
This is very much the case in the roles women and men are expected to perform in society.
86. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
86.
Differences in the ways boys and girls are seen under the Penal Code seem to derive from the present-day use of antiquated British laws, e.g.
the age of consent for sexual intercourse for girls is 15, but there appears to be no stated age of consent for boys.
Many such inequities exist throughout the rules and laws of the country. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
It is the role of the public as well as the Government with the NACC and other advocacy groups to discover these areas of weakness in the law and refer them for consideration and review to the Law Reform Commission.
87.
The assumption has been made above (see paragraph 74), that there are implicit protections accorded to children under the Solomon Islands Constitution. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
However, it was pointed out to the NACC in 1997 that actual protection of children’s rights is not realized strictly by implication within the Constitution.
There is a need, therefore, for particular legislative protection for children within the framework of the laws of the Solomon Islands.
Explicit legislative acknowledgement of children’s particular rights or needs will provide timely and necessary protection to Solomon Islands’ children while ensuring penalties for those who deny them those rights. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
CRC/C/51/Add.6 page 28 B.
Best interest of the child 1.
Legal context 88.
The Juvenile Offenders Act, the Adoption Act and the Affiliation, Separation and Maintenance Acts are structured in such a way as to consider the best interests of the child in their proceedings and judgements.
The terminology, “best interest of the child”, is not legally defined in these various laws, however.
It is used in custody hearings and is derived from family law. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Some crimes committed under the Penal Code against the best interest of children attract varying penalties including life imprisonment in some cases.50 In court, juvenile proceedings are always held “in camera” and access of the public is restricted, thereby maintaining the best interests of the child.
A full report must be submitted to the court by the probation officer on every case or circumstance where the child is in conflict with the law or is the object of a custody dispute.
89. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
89.
The Juvenile Offenders Act, section 9 (6) states the duty of the court to put questions to witnesses “as appear necessary and proper in the interests of the child or young person”.
Section 9 (8) states that before deciding how to deal with the child or young person, the court must obtain information of his general conduct, home surroundings, school record and medical history in order to enable it to make its decision.
To this end, a probation officer must submit a report.
90. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
90.
Under the UK Adoption Act 1958, the High Court must be satisfied that the child is going to be cared for properly before granting an adoption order thus protecting the welfare and best interest of the child.
The same is true for the Magistrate’s Court before deciding on custody of children in cases of family or parental separations.
91. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
91.
The Affiliation, Separation and Maintenance Act has been interpreted to mean that if parents have legally separated and have asked the courts to decide who should have custody of the child, the court before granting custody should consider what is in the best interests of the child.
This may also include objecting to a previously agreed upon custody arrangement if the court does not think the agreement is in the best interests of the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Normally, if the child is very young the court will say it is in the child’s best interest to stay with the mother, especially if the child is still feeding.51 92.
Section 204 of the Penal Code states that it is the duty of the head of family or tenants of a house to provide for the necessaries of life for any child under 15 years under their care. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Section 225 make a person liable for imprisonment for three years if, having been charged with the duty of providing for another, that person fails to do so and endangers or permanently injures the other person.
Section 226 makes cruelty to children, committed by anyone over 15 years that is charged with their care, punishable by imprisonment for five years.
CRC/C/51/Add.6 page 29 2.
Implementation 93. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
CRC/C/51/Add.6 page 29 2.
Implementation 93.
Adoption laws constitute the formal system of protection of a child’s best interest in Solomon Islands. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Formal procedures include the following: Parents seeking to adopt must first obtain the services of a solicitor; The solicitor then makes application to the High Court for the necessary adoption papers; Notice is to be published and publicly displayed for 90 days with town clerk; Prospective parents and adoptive child must undergo medical examinations proving fitness; The High Court then requests a Social Enquiry Report from the Social Welfare Office; Usually the court appoints the Social Welfare Officer as the interim guardian of the child during the adoption procedure; There is a 90-day period before the adoption is finalized. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
During this time the birth mother is entitled to change her mind and nullifies the adoption; Legal adoptions also require that the child continues to be a ward of the High Court until he or she reaches the age of 18 years; therefore, any change in residency must be done with the permission of the Court.
94.
Among the issues considered for granting of formal adoption rights are: Domicility - the parents are asked if they intend to continue living in this country. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Adoption with intent to leave shortly thereafter is not permitted although there have been violations of this requirement; Best interests of the child - questions asked of the prospective parents include whether they are capable of providing for the child and caring for it so that the child benefits from the adoption; There is no law prohibiting contact of the child with the birth mother.
If the families are on good terms there is no reason to prohibit contact. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Generally, however, the child is expected not to maintain contact with the birth mother following the adoption.
95.
As shown in table 2, approximately 50 per cent or more of juvenile offenders were counselled or pardoned and not brought to the courts.
In these cases, the best interests of the children were taken into consideration.
Between 1991 and 1995 the number of cases of juvenile offenders was decreasing or reduced by 47 per cent. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
In 1995, out of a total of 60 cases reported, only 14 (23 per cent) received some form of reprimand or sentence, the rest were dismissed as “no case”.
CRC/C/51/Add.6 page 30 Table 2 Juvenile offenders, 1991-1995 Sentences 1991 1992 1993 1994 1995 Exempted from court 33 30 41 31 36 Probation 23 7 2 2 2 Discharged 23 11 20 22 8 Bound over 7 9 14 20 8 Fined 13 5 0 0 1 Imprisoned 8 5 1 4 3 Dismissed 5 1 4 3 2 Total in court 79 38 41 51 24 Total cases 112 68 82 82 60 Source: Social Welfare Division, MHMS, 1996. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
96.
The Social Welfare Office (MHMS) only handles cases referred to it by the police, courts or lawyers.
Once a case is dismissed in court, no further action is taken.
Counselling is done when the court orders it.
Social Welfare casework follow-up in most cases is required when a juvenile offender is put on probation, i.e., serving his/her sentence outside of prison. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Counselling is important for periodical reports that a probation officer needs to make to the Probation Committee or the court should there be a need for it.
3.
Constraints and recommendations 97.
One of the difficulties of the Affiliation, Separation and Maintenance Act is that the court cannot make an order for custody or access under the Act unless one parent can prove fault against the other parent. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Therefore, situations arise where it may be in a child’s best interest for an Order to be made, but the court cannot do so because one parent cannot prove a fault against the other.
If a provision was included in the Act that the child’s best interest should be paramount when the court is making a decision under the Act, and if the Act were amended to abolish the need for one parent to prove a fault against the other, then this problem would not arise.52 98. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Questions arise in interpretations of the child’s best interest when considering a court decision as recently as 1991 (Joyce Tonawane v. Kelly Wanefiolo, cc 247-91) in which an appeal to the High Court against the previous decision of the Magistrate’s Court was denied.
The case decided that monies spent later by the father for the child’s elaborate birthday party constituted payment of maintenance for which he had been in arrears. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The case illuminates the question of whether Solomon Islands’ courts have upheld the intent of the Affiliation, Separation and Maintenance Act in these decisions.
99.
Many adoptions amongst Solomon Islanders are arranged informally and those children often remain within their extended family.
The adoptions that are arranged between young unmarried mothers and nurses via Central Hospital are also informal ones. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
In these cases there is significant concern that Solomon Islands laws be interpreted to also protect the best interest of CRC/C/51/Add.6 page 31 the child who has been adopted in the informal manner.
There is hope that the legal system will also recognize informal adoption as a contract that allows for enforcement of laws protecting children who live with others who have been charged with their care.53 C. The rights to life, survival and development 1.
Legal context 100. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Legal context 100.
The Constitution, chapter II, paragraph 4, offers protection of the right to life.
101.
The Penal Code disallows abortion on demand (sects.
150 and 151) while offering protection for physicians and others acting to preserve the life of the mother (sects.
214 and 227).
102.
Infanticide is prohibited by section 199 of the Penal Code.
Part XVI defines a number of offences against morality in an effort to safeguard and protect children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The Penal Code section 226 stipulates that it is an offence to assault, ill-treat, neglect, abandon or expose a child to suffering and injury to health.
2.
Implementation 103.
The health services observe strictly the Penal Code provisions on abortion.
Abortion can only be performed where it is essential to safeguard or save the life of the mother and this has to be recommended by two independent medical experts.
104. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
To ensure that newborns have the opportunity to survive, the health services have given funding priority to maternal and child health services and established programmes that include: Safe motherhood initiatives; Deliveries in health facilities or attended by health workers; Exclusive breastfeeding and child spacing; The use of low cost, high impact health technologies such as EPI, oral dehydration therapy and growth monitoring; Active case management of common childhood diseases such as diarrhoea, respiratory infections and malaria; Basic sanitation and safe water supplies; Nutrition; Control of other communicable diseases and intestinal parasites. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
CRC/C/51/Add.6 page 32 105.
Education plays an important role in child development and survival.
Early childhood education programmes for young children and for illiterate women were initiated in 1992 with UNICEF support.
The project titled “Basic Education and Literacy Skills” (BELS) aims to provide pre-school learning for young children and basic reading and writing skills for women who have not attended any formal education. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
These classes are often held on church premises during the day when children are in school.
106.
Both the health and education sectors are constrained by inadequate facilities and resources to meet the needs of a fast growing population.
Church organizations and the private sector are being encouraged to run education and health services with government support.
107. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
107.
The Rotary International Literacy Project commenced in Solomon Islands in late 1995.54 This project targets demonstration programmes in schools in Honiara and Guadalcanal Province to improve literacy training skills amongst primary school teachers.
This project has also facilitated development of locally produced books using local kastom stories and other materials which will benefit children well into the future. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The 1995-96 evaluation visit reported that despite limited physical conditions of the classrooms, teachers in the pilot programmes had worked hard to develop the learners knowledge and skills in literacy and language learning.
If the project achieves full funding, then during 2000 and 2001 provincial trainers from most provinces - amounting to over 450 teachers - will have completed training in literacy skills for class 4 level.
D. Respect for the views of the child 1.
Legal context 108. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Legal context 108.
In Juvenile Court a child is entitled to give an opinion or evidence; such evidence must be corroborated.
Also in custody disputes, children have the right to express their opinions and preferences for custodians; however, the courts are always relied upon to decide in the best interest of the child.
Most courts consider children of 12 years and above to be competent in giving evidence.
The court making the decisions may take a child’s views into account.
109. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
109.
The accession of the Solomon Islands to the CRC strengthens the legal context for the rights of children to air their views.
The Constitution also upholds the freedom of children to express their views.
110.
The Solomon Islands National Youth Congress was established following the passage of the Solomon Islands Youth Policy White Paper in Parliament in 1980. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The purpose stated at that time for introducing a National Youth Policy for the Solomon Islands was “to define the position of young people in National Development, and clarify their roles and responsibilities and also to integrate their activities with those of other groups towards the overall aims of developing the Solomon Islands Nation”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The stated aims of the white paper were: To recognize the potential aspirations and expectations of all sections of young people; CRC/C/51/Add.6 page 33 To define goals and set priorities for all categories of young people in line with the National Development Policies; To ensure that young people can and will take an active and positive part in all the National Affairs; To recognize the roles and functions of church and voluntary youth organizations; To encourage young people to participate fully with members of their community in the social, economic, cultural, political and spiritual development of the country; To provide relevant training for youths and other members of the community in skills needed for living in their own environment; To ensure that economic development reaches out into the rural areas; To ensure that mutual understanding for purpose of good relationship in developing the rural areas is established between young and other people in the community; To encourage young people to offer valuable service to their immediate and respective communities; To provide proper instructions and facilities for those young people who have come before the courts or are in conflict with the society. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The principle methods of implementation put forth in the 1980 White Paper were: To establish a Solomon Islands National Youth Congress, Provincial Youth Councils, Area Youth Committees and Village Youth Associations; To embark on a Training Programme for Youths, Youth Leaders and other members of the community at the National Youth Training Centre - Aruligo [Guadalcanal]; To examine ways of providing financial assistance for groups and individual youths who need such assistance for development purposes; To set up an information bureau for collection and disseminating information, ideas, and view points of young people regarding the social, economic, cultural and political development in the country, and also to collect and disseminate information on new ideas regarding youth development and activities both locally and from outside; CRC/C/51/Add.6 page 34 To provide financial assistance by way of an annual grant to the Solomon Islands National Youth Congress to employ field workers to work with, help, advise and encourage existing and future youth organizations and groups, in working together with other members of the community towards achieving their goals, both at local, provincial and at national levels; To provide opportunities for further training and travelling fellowships for youth workers overseas, to gather information, learn, and gain experience from overseas, to gather information, learn and gain experience from youth organizations; To provide opportunities for exchanges between provinces, of young people to do community service voluntarily by establishing a National Youth service scheme. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
2.
Implementation 112.
Four Solomon Islands “youth”55 - two young women and two young men - are members of a task force, appointed in April 1997,56 to put together a National Youth Policy (NYC).
This policy will replace the current White Paper passed by Parliament in 1980.
In the continuing process of developing the National Youth Policy, a Conference on Strategy Planning was conducted in late February 199857. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
During the conference students from 13 to 18 years of age were asked questions regarding social issues/needs of young people in Solomon Islands.
More opportunities for youth forums focused upon the development of youth policy are planned.
113.
The National Youth Congress representative attending the NGO Youth Conference on Strategy Planning, held in February 1998, restated the NYC’s vision to formulate/implement relevant schemes and programmes, e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
: Affiliation/membership programme; National youth entrepreneurship award; National youth volunteer service; Skills development training programme; Promotion of local arts and music; Employment opportunity scheme.
114. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Institutional strengths of the National Youth Congress were listed as follows: The Congress is Solomon Islands Government (SIG) supported, as evidenced by the passage of the White Paper in 1980; CRC/C/51/Add.6 page 35 NYC is financed by SIG through grants; As a quasi-government organization, NYC has use of both Government and NGO networks; NYC is able to seek/secure other resources apart from the SIG assistance; NYC has access to Ministry facilities and equipment; NYC also has access to other Ministries’ programmes and resources. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
115.
Over the past decades, children have begun to air their views freely without being subjected to any form of fear or suppression.
In schools, student bodies so formed express the views of students to education authorities.
Parents are now letting students/children express their preferences (e.g.
which schools to attend) more freely.
116.
Schoolchildren are also encouraged to debate in public forums on topics of interest such as the government systems, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Interviews with children over the radio either on the Children’s Day of Broadcast or on other programmes are beginning to happen more than previously.
117.
Students at the government national secondary school in Honiara complained to Solomon Star newspaper about conditions at their school, prompting public awareness of problems there.58 Their success undoubtedly encouraged other students to become activists on their own behalf, e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
later that year a group of students from south Guadalcanal trekked for two days across the mountains to meet with provincial education authorities about the lack of teachers at the school.59 118.
The Solomon Star newspaper has regularly conducted public opinion polls and printed young people’s and others’ photos with their remarks for publication. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
In August 1996 the Star printed a large double-paged feature item entitled, “Drop out children: the nation’s rising problem.” The article included many opinions from children and others.
It highlighted the problems inherent to establishment of compulsory primary education in the face of inadequate school capacity for qualified secondary students.
“Compulsory education is not an already accepted policy. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
‘Had it been so’, said one education expert quoted in the article, ‘we would have been faced with bigger education problem [sic]’.”60 Subsequent articles included one asking secondary school students about their knowledge of the issue of human rights.61 Significantly, most students interviewed said they had heard of the topic but knew very little about it. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
The article mentioned the Harare (Zimbabwe) Declaration of 1991 in which Commonwealth member countries - including Solomon Islands - agreed to promote effective education on human rights in the curricula of both primary and secondary schools.
Publication of articles such as this one stimulates local awareness of these global issues and encourages discussion.
CRC/C/51/Add.6 page 36 119.
The printed media continues to be very receptive to young people’s problems and viewpoints. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
News articles have been useful sources of information for this document.
NACC and others should continue to encourage both print and broadcast media in their support of children’s issues.
With their continued assistance, children, young people, and their adult advocates in the community may continue to exercise their freedom of expression.
3.
Constraints and recommendations 120. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
3.
Constraints and recommendations 120.
At the NGO Youth Conference on Strategy Planning, mentioned above, the following weaknesses of the current National Youth Congress were noted: NYC is dependent upon the Government of the day for its ability to function effectively; As a quasi-governmental organization its workers do not enjoy other publish service benefits, e.g.
membership in unions, etc; NYC had found it is not in the Ministry’s priority agenda for office accommodation, transport, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
; NYC has experienced delays in securing funds, which affects its plans and programmes; Provinces and Churches have been slow to respond to the NYC.
It might be added here that although the National Youth Congress has been organized to facilitate, advocate and support youth activities in the country, there has been little direct participation by youth in the undertakings of the NYC to date.
121. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
121.
There is not enough being done yet for views of children or young people to be incorporated in national policies and decision making.
In early 1997, however, the school children voiced their concerns of how they had been unfairly treated by most public transport operators in the capital, Honiara.
Transport operators were accused of discriminating against school children in various ways such as failing to stop to pick them up, charging an adult equivalent fare, making abusive remarks, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Public transport operators took the matter seriously and the practice seems to have been minimized.62 The print and broadcast media remain reliable means of expression for children and young people at present.
122.
The primary constraint facing the implementation of respect for the views of Solomon Islands’ children and young people is the current Government’s lack of a children’s portfolio. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
This has essentially removed from the Government its responsibility for chairing the National Advisory Committee on Children (NACC).
In turn this has jeopardized the expeditious delivery of this report to Foreign Affairs and has left the needs of children to be decided by Ministries who variously preside over children’s education, health, the concerns of youth or the concerns of women. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
This circumstance has created an undesirable situation for the children of Solomon Islands, a country which has acceded to the Convention on the Rights of the Child.
There is an urgent need for a comprehensive Child Bill to be passed by Parliament in order to implement the terms of the Convention as the Solomon Islands nation sees fit.
CRC/C/51/Add.6 page 37 IV.
CIVIL RIGHTS AND FREEDOMS A.
Name and nationality 1.
Legal context 123. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Name and nationality 1.
Legal context 123.
The Solomon Islands Constitution guarantees all the people of the country citizenship.
Under the Citizenship Act (1992), female Solomon Islanders who marry non-Solomon Islanders are disadvantaged in that their husbands cannot become citizens until after 10 years.
Non-Solomon Islands’ women married to Solomon Islands’ men can become citizens after two years.63 124. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Persons under 18 years of age who have at least one Solomon Islander parent can be nationals of more than one country but when they become 18 they must choose to renounce one.
Solomon Islands’ Constitution disallows dual nationality.
125.
According to the Penal Code, false statements regarding marriage (sect.
98), birth or death (sect.
99) is a misdemeanour, liable to imprisonment for seven years.
126. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
126.
The Births And Deaths (Registration) Act 1988 compels the registration of births, marriages and deaths.
This is to be done by a “responsible person” e.g.
member of the clergy, health worker, teacher or parent.
However it has not been implemented effectively due to lack of manpower and equipment such as computers.
127. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
127.
The Act also states that fraudulent reporting, non-reporting, wilfully destroying or damaging reports or registers of births or deaths is considered an offence liable to a fine of $100 or to imprisonment for six months or to both the fine and imprisonment.
128.
Solomon Islands does not class its people into different ethnic groups, all are considered Solomon Islanders.64 2.
Implementation 129. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
Implementation 129.
Parliament is currently discussing citizenship issues, and members have pointed out that the nature of the current law (Citizenship Act 1992) is discriminatory and thus unconstitutional.
It is recommended that persons of both genders who have married Solomon Islands citizens be obliged to wait 10 years before being allowed to apply for citizenship.
130.
Hospital birth registers are incomplete. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
130.
Hospital birth registers are incomplete.
Many adults have no record of their birth, especially those born in remote rural clinics or at home in rural villages.
Foreign diplomatic missions do not accept a passport as evidence of identity for the purposes of residency abroad, but insist on a birth certificate - often impossible to produce.
Since 1994, the Ministry of Health has strengthened its birth registration information system and it is currently being computerized. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
However, as cited in the MCH/FP review (Mitchell, 1997), Health Information Statistics (HIS) CRC/C/51/Add.6 page 38 continues to be far from a trouble-free source of data.
MHMS believes from about 1970 onwards, 80-90 per cent of all births in the country have been registered. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |
They stated for a UNICEF Progress of Nations survey in early 1998 that about 100 per cent of rural births are now registered due to the following factors: Mothers who give birth at home take their children for immunization at a later date and the child is then registered; Mothers who are aware of the health implications of delivery for themselves, therefore arrive at clinics or hospitals of their provincial centres before they are due to give birth; Nurses who visit health clinics in rural areas to hold health talks or check on people’s general health, register those children who were born after their last visit; Teachers and clergymen are expected to record births (and deaths) and report the information to the health officers when they come around. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722005174292.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsie1GkAljn0QeJo3NO7rIujggQSAuiGa1XG1f5VbO4XzDlokRjsZCb6X7%2FqD6I3B1J%2FKWz6ROt0t4XNnciZJEKXlR856A75p7Lnb36x5TpCC | Vanuatu |