| For a summary of Solomon Islands’ review at the second cycle please click here. |
11th UPR session
Date of review: 4 May 2011
Date of report adoption: 21 September 2011
Working Group report: A/HRC/18/8
| Summary
Recommendations made: Repeal all provisions which criminalize sexual activity between consenting adults of the same sex in conformity with international obligations; repeal all discriminatory provisions relative to lesbian, gay, bisexual and transgender people. Status of recommendations: Rejected. |
I. Key issues/recommendations identified by NGOs
- Recommend that the Solomon Islands 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 criminalise sexual activity between consenting adults.
II. Excerpts from input reports
COMPILATION OF STAKEHOLDERS’ INFORMATION
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
4. Right to privacy
31. Joint Submission 4 urged the Solomon Islands 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 sexual activity between consenting adults. SCSI made a similar recommendation.
III. References to SOGI during the Working Group review
A. Presentation by the State under review
26. The delegation reported that the cultural context of the society does not condone relationships between same sexes. Any commitment to removing Penal Code provisions criminalizing sexual relations between consenting adults of the same sex must be subject to consultations. However, there have not been any submissions to the Law Reform Commission in their review of the Penal Code to repeal these sections.
B. Interactive dialogue and responses by the State under review
36. Norway expressed concern that adolescents do not have adequate information on and access to health and, in particular, reproductive health. It was also concerned about reports that girls are traded as brides in exchange for payments. It noted that the country still maintains criminal sanctions against sexual activity between consenting adults of the same sex. Norway appreciated efforts made to end violence against women and reduce illiteracy. It made recommendations.
39. France […] expressed concern regarding the number of cases domestic violence and the fact the Criminal Code criminalizes consensual sexual.
54. On issues surrounding sexual relationships between consenting adults of the same sex, as raised by Brazil, the delegation indicated this is being dealt under the review of the penal code.
IV. Conclusions and/or recommendations
The recommendations formulated during the interactive dialogue and listed below have been examined and enjoy the support of the Solomon Islands, which considers that they are already implemented or in the process of implementation:
80.38. Repeal all provisions which criminalize sexual activity between consenting adults in conformity with international obligations (Norway);
The following recommendations were rejected by the Solomon Islands:
81.49. Decriminalize sexual relations between consenting adults of the same sex and repeal all discriminatory provisions relative to lesbian, gay, bisexual and transgender people (France);
81.50. Decriminalize sexual activities between consenting adults of the same sex (Slovenia);
81.51. Reform, as a matter of urgency, the law that criminalizes sexual relations between adults of the same sex (Spain);
V. Adoption of the Report
Presentation by the Solomon Islands
On recommendations that were not supported, the delegation said that, while the Government acknowledged and recognized international human rights standards, it would be too early, within the context of the Solomon Islands, to discuss decriminalizing sexual relations between consenting adults of the same sex. Such an issue would require thorough national consultations to address Christian doctrines and cultural perspectives on the issue. Consequently it was not possible to support recommendations 41.49-81.51 on sexual relations between consenting adults of the same sex:
Comments by States and other stakeholders
Save the Children
[…] Save the Children is disappointed that the Government appears unwilling to consider the human rights of same sex attracted people (recommendations 80.49, 80.50 and 80.51). We recognise that the cultural context of Solomon Islands society does not condone same sex relationships.
Nevertheless, Save the Children considers it important to challenge stigmatisation of, and discrimination against, same sex attracted people.
We strongly urge the Government to consider the decriminalisation of sexual acts between consenting adults and to enact laws that protect all citizens from discrimination based on sexual orientation.
Thank you.
Canadian HIV/AIDS Legal Network
Madam President, distinguished members of the delegation,
We welcome the Solomon Islands’ stated commitment to equality and non-discrimination. We are therefore particularly disappointed that the Solomon Islands was not yet ready to accept recommendations to repeal provisions which criminalise sexual activity between consenting adults of the same sex.
The UN Human Rights Committee has confirmed that laws criminalising same-sex relations are inconsistent with rights to privacy and non-discrimination, and “run counter to the implementation of effective education programmes in respect of HIV/AIDS prevention” by driving marginalised communities underground, a position also affirmed by UNAIDS.
As the UN High Commissioner for Human Rights, Ms. Navanethem Pillay, recently emphasised:
“The principle of universality admits no exception. Human rights truly are the birthright of all human beings. (…) Sadly, … there remain too many countries which continue to criminalize sexual relations between consenting adults of the same sex in defiance of established human rights law. Ironically many of these laws, like Apartheid laws that criminalized sexual relations between consenting adults of different races, are relics of the colonial era and are increasingly becoming recognized as anachronistic and as inconsistent both with international law and with traditional values of dignity, inclusion and respect for all.”
We would have two questions for the delegation:
1) How does the delegation reconcile its acceptance of recommendation 80.38, proposed by Norway, to “repeal all provisions which criminalize sexual activity between consenting adults in conformity with international obligations”, with its rejection of similarly-worded recommendations 81.49, 50 and 51?
2) The delegation has indicated that these issues are “too early to discuss” and will require national consultations. Could the delegation outline its plan for national consultation to bring its laws into conformity with its international human rights obligations?
Thank you.
Response of the Solomon Islands
The Minister of Foreign Affairs thanked for the Canadian HIV/AIDS legal network for its concern, at replied that a national and nation-wide consultation on decriminalization is needed. The government will discuss the 2012 national budget the coming months, and will allocate budget for such a consultation.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Corrigendum : A | E | R | S
Questions submitted in advance : E only
Addendum 1 : E only
Addendum 2 : E only
Outcome of the review
Report of the Working group : A | C | E | F | R | S
Corrigendum : E only
Decision of the outcome : A | C | E | F | R | S
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