| For a summary of Solomon Islands’ review at the first cycle please click here. |
24th UPR session
Date of review: 25 January 2016
Date of report adoption: 13 April 2016
Document number: A/HRC/32/14
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SUMMARY SOGIESC issues during Solomon Islands’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
5. KAHRF recommended that the Solomon Islands amend its Constitution to include sexual orientation and gender identity as prohibited grounds for discrimination.
Equality and non-discrimination
9. KAHRF reported that the Solomon Islands had no laws prohibiting discrimination on the basis of sexual orientation and gender identity/expression in all areas of public life, including employment, education, health care and the provision of goods and services. KAHRF recommended that the Solomon Islands enact comprehensive anti-discrimination legislation that prohibits discrimination on the grounds of sexual orientation and gender identity/expression in all areas of public life.
Right to privacy, marriage and family life
28. KAHRF recalled that at the UPR in 2011, the Solomon Islands received four recommendations to repeal laws criminalising sexual relations between consenting adults of the same sex. KAHRF recalled the delegation’s comments that the cultural context of Solomon Islands’ society did not condone same-sex relationships and that any commitment to decriminalising sexual relations between consenting adults of the same sex would “require thorough national consultations to address Christian doctrines and cultural perspectives on the issue”. However, during the adoption of its 2011 UPR report by the Council, the Solomon Islands did note that a budget for such consultations would be allocated as part of the 2012 national budget. Since then, the Solomon Islands had not taken any active steps to implement the recommendations or bring about broader Lesbian, Gay, Bisexual, Transgender, Intersex rights reform, or even to hold consultations on such reform. KAHRF recommended that the Solomon Islands should: repeal laws criminalising sexual relations between consenting adults of the same sex, as expressed in sections 160 to 162 of the Penal Code.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
20. While noting that Solomon Islands had accepted a universal periodic review recommendation to repeal all provisions that criminalized sexual activity between consenting adults,48 the country team urged the Government to bring its legislation into conformity with its commitment to equality and non-discrimination and its international human rights obligations by repealing all provisions which may be applied to criminalize same-sex activity between consenting adults.
IV. References to SOGIESC issues during the Working Group review
36. The United Kingdom of Great Britain and Northern Ireland […] was concerned that there had been no evident progress towards the decriminalization of same sex relationships.
85. The Netherlands, while commending human rights progress made within the legislative and policy frameworks, was particularly concerned about discrimination based on sexual orientation or gender identity. […]
98. With respect to sexual orientation and gender identity, the delegation stated that the Government maintained the same position. […]
V. Conclusions and/or recommendations
Solomon Islands noted the following recommendations:
101.1 Take measures to prevent and combat discrimination based on sexual orientation and gender identity, including by decriminalizing sexual relations between consenting adults of the same sex (Brazil); 101.2 Adopt measures to ensure full enjoyment of rights and equality to lesbian, gay, bisexual, transgender and intersex people, both in terms of legislation as well as on policies and practices (Israel); 101.3 Extend the scope of the Penal Code (Sexual Offences) (Amendment) Bill of 2015 to clarify existing, and create new, legislation to protect the human rights of the lesbian, gay, bisexual, transgender and intersex community (United Kingdom);
101.4 Adopt comprehensive anti-discrimination legislation, including on discrimination based on sexual orientation or gender identity, and repeal any laws which result in, or are likely to result in, the discrimination, prosecution and punishment of people solely for their sexual orientation or gender identity (Netherlands);
101.5 Decriminalize sexual activities between consenting adults of the same sex, as previously recommended (Slovenia);
101.6 Decriminalize sexual relations between consenting adults of the same sex (Chile).
VI. Further information
You will find all documents relating to Solomon Islands’s second review at UPR-Info and OHCHR’s websites.