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It is the opinion of the Labour Commissioner that all workplace accidents are, nevertheless, reported.
Employees and their supervisors are considered to have been effectively informed of their rights to compensation via seminars and radio programmes dedicated to disseminating such information.
452.
Occasionally, in the process of investigating an accident, a labour inspector discovers a person below the legal age of employment working at the site.
The subsequent enforcement procedure is quite clear. | 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 employer is advised that the employment of the child is against the law and the employer’s future payroll lists are subsequently monitored to determine that the child is no longer employed there.
Although fines up to $500 are listed in the Labour Act for such a breach, sanctions have never been imposed for child labour violations.
This implies that employers found in violation of the law have always been compliant and have thereby avoided sanctions.
Constraints and recommendations 453. | 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 |
Constraints and recommendations 453.
While the Labour Act denotes various age restrictions with regard to children working in industrial, mining and shipping undertakings, there are effectively no prohibitions or special considerations governing those who employ children (12 years and over) in the commercial sector.151 There is a need, therefore, for additional or revised legislation to protect children from potential exploitation.
454. | 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 |
454.
Solomon Islands registered a declaration with the ILO on 24 September l965 to exclude ratification of Part II (entitled “Labour Inspection in Commerce”) of the Labour Inspection Convention, per the requirements stated in Part III, article 25 of the same Convention.
This means that the Solomon Islands Labour Act, although omitting special provisions for children/young persons (12 years and over) who work in the commercial sector, conforms to the ratified terms of the Labour Inspection Convention. | 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 |
Hence, the apparent lack of protection for children of age 12 upward is explained.
However, the necessity to re-examine this exclusion remains of significant importance to the future protection of children in Solomon Islands.
455.
Of particular interest in examining limitations of the Labour Act regarding protection of children 12 and over from employment in the commercial sector is whether they are also prohibited from working or being present in casinos. | 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 |
According to the Gaming and Lotteries Act [Cap 32] section 3, subsection (3): No gaming shall take place at which any person under the age of 18 years is included among the players, except where both the following conditions are satisfied, that is to say: (a) In a private dwelling house or in the presence of a parent or guardian of that person; CRC/C/51/Add.6 page 114 (b) Any such person taking part in gaming does so with permission, whether general or special, of a parent or guardian of that person. | 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 this case, there is no absolute minimum age defined, as in some legislation.
This could be interpreted to allow persons under 18 years of age to be present, e.g.
serving food, at a gaming establishment without necessarily requiring the presence of a parent or guardian.
This gap in protection needs to be remedied by law revision or drafting of new legislation.
456. | 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 |
456.
The lack of required legal age documentation for all those seeking employment in Solomon Islands interferes with meaningful enforcement of age restrictions.
Consequently, some employers may erroneously assume that their young workers have reached the age of 18 years when they are hired.
This assumption is considered to be a justifiable defence in the case of legal action brought against an employer who has unknowingly hired a person below the legal age for employment. | 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 national identity card with date of birth and photograph would assist employers and others in verifying names and ages when necessary.
457.
Despite its mandate to implement the functions mentioned in the Labour Inspection Convention, the Solomon Islands Government keeps no specific data on child labour in the country.
Although numbers are kept for adult female wage earners, numbers are not known for juvenile wage earners. | 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 considered opinion of the Labour Commissioner that the relatively large number of unemployed adults currently seeking paid employment in the country probably has the effect of diminishing the necessity for employers to meet their labour needs via employment of children.152 The need for baseline data to assist in measuring the incidence of juvenile employment in the commercial sectors is paramount.
458. | 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 |
458.
Of equal importance is the fact that the text of the Labour Act omits any specific language protecting children from economic exploitation or from work hazardous to children’s health, mental, spiritual, moral or social development.
(These phrases are found in article 32, CRC).
Perhaps such wording could be incorporated in future legislation or via Law Reform Commission sanctioned revisions governing child labour practices in Solomon Islands.
459. | 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 |
459.
In differentiating between genders in the age requirements for 16-year-olds that choose hazardous industrial employment, the Labour Act lacks equal consideration for males and females.
The Law Reform Commission should revise the Labour Act with attention to remedying the omission of the commercial sector in labour inspections.
460.
November 1997 saw the arrival of an Australian film crew and its screen stars to do location shots in Solomon Islands for a feature film. | 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 |
Via a two-page article in the local newspaper, it was learned that in addition to adult Solomon Islanders, three Solomon Islands’ children had also participated in the film on location in Australia.153 This information raises questions regarding the processes involved in recruiting these youngsters, organizing their travel, and particularly their treatment when on location. | 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 |
Although Australian filming practices and policies may have been applied on behalf of the young Solomon Islanders in this case, the questions remain.154 CRC/C/51/Add.6 page 115 2.
Sexual exploitation and sexual abuse Legal context 461.
The Penal Code, Cap 5, Part XVI deals with offences against morality.
Sections 128 to 146 would cover certain particular situations relating to sexual abuse of children, especially girls. | 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 provisions are clear as far as they go; however, they are antiquated and need to be broadened to include language that protects boys from similar crimes.
Additionally, language protecting children from computer disseminated pornography is urgently needed.
The commercial exploitation of children, including paedophilia associated with tourism and commerce, is a growing problem here and elsewhere in the Pacific. | 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 Law Reform Commission is the legal entity through which such changes would be channelled.
However, it is up to interested individuals and advocacy organizations to submit the specific requests for such changes in the laws.
462.
The Penal Code section 133 (1) states that a person who unlawfully and indecently assaults any woman or girl is guilty of a felony, and liable for imprisonment for a term of five years. | 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 a general provision that could be used against persons assaulting female children, but falling short of rape, or even serious assault.
Here, however, is again raised the question of whether male victims are protected by the letter of this legislation (see above).
Section 154 of the Penal Code covers indecent assaults/attempted indecent assaults on any male person and so would include boys.
This is liable to seven years’ imprisonment. | 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 liable to seven years’ imprisonment.
Section 133, indecent assault on women/girls, is only liable to five years’ imprisonment.
This raises the question of non-discrimination and needs to be addressed by the Law Reform Commission.
463.
Section 237 of the Penal Code is a general provision governing assault and protects children and adults, male or female.
464. | 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 |
464.
Those found guilty by the court of sexually abusing children are normally sentenced to prison, although some may serve suspended sentences outside of prison.
465.
Where there are offences under the Penal Code, a person found guilty of sexually assaulting a child (girl) might be sent to prison.
The victim may be happy that the perpetrator has been sent to prison, but the injury caused to her may still exist, and she may feel that she has not been compensated properly. | 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 |
With the assistance of a lawyer, the victim of a sexual assault may bring a restraining order against the person who assaulted her.
A civil suit can be instituted in court for damages against the person who committed the offence.
Implementation 466.
The Ministry of Police has published some data on children as victims in Annual Report form, please see tables 5 and 6, above. | 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 |
More detail on children’s ages and resolution of cases would be useful to understand whether there are obstacles to effective prosecution of such crimes.
Involvement of newly trained police officers155 within the Ministry of Police will also be advantageous to children and victims of domestic violence, etc.
The training, conducted by the Family Support Centre, highlights the renewed working relationship between the Ministry of Police and this Centre.
CRC/C/51/Add.6 page 116 467. | 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 116 467.
Laws (including the Penal Code) are only of use to any person or authority if there is a breach of compliance with that particular law.
Where, for example, an uncle has molested a girl, unless such acts are brought to the attention of the Police the culprit will never be prosecuted.
468.
Instruction can be made to the office of the Public Solicitor or to any private legal practitioner to commence civil proceedings against persons who are known to have caused these assaults. | 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 may facilitate prosecution of cases which otherwise would not be brought to court due to the intimidating aspects of the criminal reporting process.
Constraints and recommendations 469.
An important obstacle to prosecution is the non-reporting of sexual assaults to police officers. | 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 could be due to various reasons, such as the fact that compensation has been paid to the victim’s parents, or that it would be shameful for the family to acknowledge that such acts have occurred, or that there is simply no easy access to police stations.
In most areas police stations are miles away. | 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 most areas police stations are miles away.
Even if there is a police station close by, it is possible that the victim will not report the assault because of the fear of being intimidated by police,156 more so if the victim is a female and the police attendant is a male.
470.
Another issue is identifying which acts or actions amount to sexual abuse.
Unless a victim understands that s/he has been assaulted, such acts may continue to be practised undetected. | 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 |
Thus the issue of awareness is also important.
It is difficult to allege that a child has been sexually abused without actually recognizing if such an act amounts to sexual abuse under the Penal Code.
There is definitely an ongoing need for public awareness amongst communities concerning child abuse.
The Family Support Centre in Honiara conducts outreach workshops on family violence issues, CRC and legal rights to address this need.
471. | 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 |
471.
Occasionally, the government radio station (SIBC) or the newspapers carry some news regarding convictions for common assault or sexual abuse.
This has changed in recent years to include overseas news items involving young Solomon Islanders.157 With Asia cracking down on its child sex trade, certainly there is a growing desire amongst Pacific nations not to become the next destination for sex tourism.
At the same time casinos have gained a significant foothold in the local economy. | 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 risk of exploitation of staff by patrons in such venues is great.158 It is hoped that regulatory agencies will focus on protecting casino workers from exploitation.
Similarly, hotel operators in nearby countries have been charged with prostitution tied directly to competition for business in the mainstream hospitality market.
Such signs are worrisome trends that need to be closely monitored. | 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 |
Creating raised awareness of this issue via discussions with the Tourism Authority would be a positive beginning point.
3.
Sale, trafficking and abduction of children Legal context 472.
The Penal Code, Part XXVI “Offences against liberty” refers to sanctions prohibiting kidnapping, abduction, concealing abducted persons, etc.
CRC/C/51/Add.6 page 117 473.
The Penal Code, section 246 specifically deals with child stealing. | 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 |
Cases exist commonly amongst birth parents reclaiming children from families who have informally adopted them.
In custodial disputes, the non-custodial family quite commonly takes children from the custodial parent.
These cases are often handled through the Public Solicitor’s Office (see chapter V, Family environment and alternative care, section E, Illicit transfer and non-return).
474. | 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 |
474.
In the case where children are suspected of being active in sexual activities on boats or in certain premises, the guardians of the child may bring a lawsuit against the owners of the boat to restrain them from allowing children on board.
Implementation 475.
Customary law is part of the law of the land as long as it does not violate the principles of humanity ensured by the 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 |
Although there has not yet been a case brought to court, potential does exist for legal conflict to arise between certain customary marriage practices and the constitutional protection of the right to personal liberty afforded to young females as citizens of this country.
476.
In certain areas of the country, customary marriage practices may, for example, allow a female child of comparatively young age to be married to a person chosen by her parents, but against her own will. | 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 such cases any potential advocate for the girl’s interests might be deterred for several reasons.
Persons who might help would not be welcome interfering in family affairs.
Such persons may also be uninformed of the child’s legal rights under the Constitution.
Or an advocate may not be willing to disrupt the highly valued cohesion of the community in such a circumstance. | 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 |
Though such hypothetical situations may or may not be uncommon, a legal case must be presented before the strength of the constitutional protection can be effectively measured.
4.
Drug abuse Legal context 477.
The Constitution of Solomon Islands is the Supreme Law of the land.
All other laws are subject to it (section 2 of Constitution).
Chapter II of the Constitution contains the fundamental rights of individuals. | 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 |
Of particular importance are section 6, which provides for the protection of individuals from slavery and forced labour, and section 7, which provides for the protection of individuals from inhuman treatment.
To fulfil these provisions in the Constitution, laws like the Penal Code, Dangerous Drugs Act, etc.
were enacted or adopted.
478.
The appropriate piece of legislation prohibiting the use of certain drugs is the Dangerous Drugs Act Cap 53. | 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 |
Such drugs include Indian hemp (Cannabis sativa or Cannabis indica), Raw Opium and Coca Leaf.
Section 7 of the Act prohibits the cultivation of Opium Poppy or Indian Hemp or Coca Leaf by any person.
Section 8 (a) and (b) states that any person found being in possession of drugs, or selling or who shall have given or sold is guilty of a crime.
The provisions of the Dangerous Drugs Act apply to all persons, including children.
CRC/C/51/Add.6 page 118 479. | 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 118 479.
The penalty provisions in section 39 of the Drugs Act range from: On conviction by the court, a fine of two thousand dollars or to imprisonment of 10 years or both.
On summary conviction to a fine of five hundred dollars, or to imprisonment or both.
480.
The Liquor Act, Cap 33 regulates the sale and consumption of liquor.
The opening hours are 8 a.m.-6 p.m. each day (section 5 of the Liquor Act).
Only licensed liquor outlets are permitted to sell liquor. | 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 74 (1) and (2) of the Liquor Act, amended in 1988 and 1992, prohibits a person or licensee to sell or supply liquor to any person who is known to be under the age of 21 years.
Breach of this section attracts a fine of $1,000 and a term of imprisonment.
Section 74 (3) prohibits persons under the age of 21 years to consume liquor whether on licensed premises or not.
A fine is also attracted where there is a breach. | 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 fine is also attracted where there is a breach.
Section 74 (4) also prohibits a person to send a person under the age of 21 to purchase liquor.
Implementation 481.
Alcohol and tobacco are widely used and abused by both young and old despite the presence of national legislation in the form of the Liquor Act.159 Arguments may be made that the Liquor Act amendments increasing the minimum ages for purchase and consumption of liquor from 18 to 21 years are not enforceable. | 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 legal voting age in the country is 18 years and the employment restrictions of the labour laws apply only to those under 18 years of age.
Effective policing may also be hampered by the difficulty in determining whether someone is under 21 years of age or above unless that person carries some kind of identity card, e.g.
a birth certificate. | 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 birth certificate.
An article in a local newspaper raised the question of whether under-18-year-olds are banned from attending clubs where alcohol is served.160 The text of the article questions whether clubs can successfully deny entrance to those under 18.
The issue of being 21 years of age to legally drink alcohol was not even addressed.
This leads to speculation that the public generally assumes an 18-year-old can legally attend clubs and drink alcohol.
482. | 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 |
482.
Studies by WHO and UNICEF consultants in November 1995 highlighted both the prevalence of alcohol-related problems and the need for a national preventative programme to combat such problems and for awareness raising.
These consultants were assisted by MHMS staff during the course of conducting their study in Honiara.
There have been plans for the Social Welfare Office (MHMS) to arrange for a wider study on adolescent behaviour in relation to substance abuse and unemployment. | 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 |
Contacts have been made with the WHO office in Honiara for funds or expertise.
Also in collaboration with the UNICEF office in Fiji, an action plan (project proposal) was submitted by Social Welfare during a regional workshop in May/June 1996.
This plan requested funding of a local workshop addressing alcohol and tobacco abuse.
This workshop was to be held in December 1996.161 483.
Statistics on how many children have been convicted of drug offences are not immediately available. | 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 Police and Magistrate’s Court does not have proper statistics on the prosecution of drug abuse by children.
There is, therefore, a need to develop a system where the number of children convicted under the Drugs Act is kept.
It would then be possible to gauge the problem of drug use by children.
CRC/C/51/Add.6 page 119 484. | 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 119 484.
For several years until late 1997 there was no proper surveillance undertaken by the Town Council Police and the National Police to halt the rise in the numbers of black market beer outlets.
During that period, Honiara experienced a steady increase of black market beer outlets in government residential areas and also in settlements outside the town boundary. | 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 |
Because of the fear of purchasing alcohol in the retail shops, children purchase beer from the black markets in the night.
The presence of illegal outlets stimulates child consumption of liquor.
In the last quarter of 1997, police policies changed and several raids were conducted on such outlets, resulting in closure and arrests.162 Via a local news story in February 1998, the police restated their commitment to continue “ongoing police operations to prevent illegal activities, 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 |
sale of alcohol, drug abuse, housebreaking, vandalism, etc.”.163 Constraints and recommendations 485.
Control of alcohol consumption is hindered by the availability of alcohol, including home brew and toddy (kaleve).
Since mid-1993, Solomon Islands has had its own local brewery.
This has not prevented continued importation of foreign beer into 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 |
In 1995, in exchange for its promise to assist in building a new wing of the maximum-security prison at Rove, a local wholesaler was granted a 50 per cent concession rate on customs duties on imported beer.
This made the wholesaler’s business in imported beer very competitive with local beer prices.
The Government lost a significant amount of import duty money164 and work on the prison has since stopped due to lack of funds from the wholesaler in question. | 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 future criteria for awarding government duty concessions must be reviewed and minimized to prevent such problems from occurring.
Transparency in Government is necessary to win back public trust.
If private enterprise cooperates with Government in future social welfare endeavours, it should be strictly on a charitable basis, with no hidden benefit to be gained by the company beyond resulting public goodwill.
486.
Binge-drinking patterns characterize alcohol consumption 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 |
The traditional value system of sharing and reciprocity exacerbates the societal abuse of alcohol.
A study in two communities in Ysabel Province found that 82 per cent of respondents said that they normally drank with friends, while only 18 per cent said they drank alone. | 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 association between having a celebration and excessive consumption of alcohol is a firmly entrenched one.165 Keeping track of alcohol-related illnesses, accidents and crime statistics will assist in developing public awareness of the problem of alcohol abuse.
Such data will prove useful as a source of indicators for incidence of child abuse and other issues for children or young people.
487. | 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 |
487.
It is not widely understood by the drinking public that such consumption patterns can be precursors to either psychological or physical dependence, i.e.
alcoholism.
The detrimental economic effects of alcohol abuse are also significant in a country where wage rates are comparatively low and education costs for children are relatively high. | 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 |
Specific campaigns to heighten awareness of the dangers of binge-drinking alcohol consumption patterns would probably only be helpful in combination with establishment of counselling and referral programmes.
Churches may be effective resources for their immediate communities.
Establishment of Alcoholics Anonymous (AA) or similar self-help organizations might be useful, especially where other agencies are unable to provide counselling services or adequate support to the person seeking help. | 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 120 5.
General recommendations 488.
The extent of child exploitation in Solomon Islands (child labour, prostitution, drug abuse, and sale, trafficking or abduction of children) is not known.
This is largely due to the fact that there are no proper statistics kept by the authorities that are concerned with the administration of the relevant legislation.
Such bodies include the Police, Social Welfare, courts and hospitals and clinics. | 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 |
Relevant statistics are vital to determining the effectiveness of current legislation.
It is difficult to introduce meaningful changes to current laws without relevant data contained in statistical form.
489.
The Police, the courts, social welfare officers, health workers, teachers, child rights advocates and citizens must work together to combat exploitation of children on all fronts.
A national database of child-relevant statistics needs to be established and maintained. | 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 could be facilitated temporarily through the office of the Secretariat of the National Advisory Committee on Children or, more preferably, through a dedicated position in the lead ministry for children’s affairs (currently the Ministry of Youth, Women and Sports).
Regardless of where the database resides, it must be accessible. | 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 relevant agencies must cooperate in the process of data-sharing by identifying indicators, tracking child-relevant statistics and updating the national database in a timely and regular manner, e.g.
reporting current statistics at least every six months, if not quarterly.
The database should be insulated from the capricious transitions of governments, and given priority as a meaningful repository of information. | 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 |
Such information should be monitored in a timely manner to detect both positive and negative trends and facilitate implementation of measures necessary to optimize the development of Solomon Islands children.
490.
Laws that do protect children from exploitation are contained in various acts and ordinances.
Perhaps due to the fact that such provisions are widely scattered, their implementation is often lacking. | 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 good majority of the citizens of this country do not know where to find these laws, let alone provisions relating to abuse of children.
It would be convenient, therefore, to have a separate article of legislation dealing with children.
The problem immediately foreseen is that such a law may duplicate the provisions in the Penal Code, Labour Ordinance, Dangerous Drugs Act, etc.
491.
All current, child-relevant legislation should be reviewed by the Law Reform Commission and revised. | 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 comprehensive Child Bill should be drafted and enacted to address the existing areas of weakness, thereby strengthening existing legislation.
Such a bill might use the Convention on the Rights of the Child as a guideline in considering all areas of law relevant to children.
It should create new language for child-protective measures that address the technological developments of the next century. | 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 |
Specifically, use of various present and future communication technologies, such as the Internet, are not covered by current laws, thereby permitting child exploitation practices via these media to go unchecked.
Neighbouring Fiji is already wrestling with the problem of applying child-protective legislation inadequate to the electronic age.166 Solomon Islands must not find itself left behind.
CRC/C/51/Add.6 page 121 E. Children of a minority or indigenous group 492. | 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 |
Solomon Islands is culturally extremely diverse, with over 80 language groups and distinct differences in customs, lifestyles, physical appearance, etc.
- even among Melanesians who form over 90 per cent of the population.
Polynesians (4 per cent) and Micronesians (1.5 per cent) form the largest minorities in the country with Asian and Europeans accounting for some 1 per cent each.
To some extent, therefore, minorities are the norm. | 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 especially true, in light of the observation that cultural distinctions are frequently made amongst Solomon Islanders who comprise the Melanesian majority.
Most modern Solomon Islanders, who have lived in culturally diverse areas, take great pride in their ability to identify fellow Solomon Islanders’ places of origin by either their appearance or by their language.
This awareness has been known to engender a lack of cooperation at the workplace. | 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 is difficult to gauge whether cronyism or the wantok system permits oppressive discriminatory practices over children.
493.
There is no acknowledged or overt discrimination against any of the minority groups mentioned above.
However, at least one group of Solomon Islands citizens - those from Kiribati (formerly Gilbert Islands), who were settled here by British colonial authorities in the 1950s - are disadvantaged because of their lack of customary land ownership 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 |
Other groups from small, remote outlying islands such as the Temotu group, Ontong Java and Sikiana are greatly disadvantaged by their geographically remote positions and the associated difficulties in receiving services provided by Government or businesses.
494.
Women and children are generally disadvantaged by their lack of power in social and economic spheres. | 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 inequities may most easily be addressed by continuing to focus attention on the vestiges of institutional discrimination inherent in the remnants of colonial law still used in the modern era.
Solomon Islands citizens must also decide to what degree the current inequities inhibit or advance the development 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 |
With clear agreement and desire for either facilitating change or maintaining the status quo then education may then proceed to perpetuate or improve the current situation for minorities in Solomon Islands.
Notes 1 Please refer to the Convention on the Rights of the Child, article 42. | 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 Solomon Islands this will mean the full country report will only be available in English; while shorter, summary reports may be translated into several of the larger local languages, including Pijin, and more widely disseminated.
2 Ona calls for referendum … and condemns Solomons for signing border treaty (16 July 1997).
The Solomon Star, p. 5.
3 Peace talk group arrive [sic] on Royal NZ Air Froce aircraft (23 July 1997).
The Solomon Star, p. 3.
4 “Big step forward for peace” (23 July 1997). | 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 |
4 “Big step forward for peace” (23 July 1997).
The Solomon Star, p. 3.
CRC/C/51/Add.6 page 122 5 Confidence of peace soon on B’ville (14 October 1997).
The Solomon Star, p. 7.
6 NZ troops fly to B’ville (9 November 1997).
The Solomon Star, p. 12.
7 More Bougainville peace talks (28 November 1997).
The Solomon Star, p. 14.
8 Central Bank of Solomon Islands, (1997).
Quarterly Review, September 1997, Honiara.
Also, Asian Development Bank, (1997), Solomon Islands Economic Report 1997, Honiara. | 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 |
9 Solomon Islands Government (SIG) (1992).
Statement of Policies by Solomon Islands Alliance for Change 1997-2001, Honiara.
10 Bus fare rise by 50 per cent (27 February 1998).
The Solomon Star, p. 2.
11 There are several cut-off points in the education system, at the end of standard 6, forms 3, 5 and 6.
The number of students that are able to continue from one cut-off point to another depends on availability of facilities such as classrooms, dormitories, teachers and available places. | 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 fewer facilities available in secondary schools for females.
(MHMS, SWO, March 1997, p. 3).
12 Although health information on incidence of STDs is kept by MHMS, it is not disaggregated by age, so there continues to be an urgent need for data collection on all these issues that affect young people in Solomon Islands.
(Source: WHO Mission Report on Adolescent Health, 1997, annex 3).
13 Fia, P. (1996), Youth and Other Social Problems in Solomon Islands: An Overview, p. 5.
14 SIG/UNICEF 1993. | 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 |
14 SIG/UNICEF 1993.
Situation Analysis of Women and Children, Honiara, pp.
27-34.
15 In the period prior to publication of this report there has been great confusion as to the status of children in the governmental ministerial structure.
Although the NACC is chaired by the Permanent Secretary of the lead ministry designated for children, the dissolution of the MYWSR in early 1997 meant that youth and women were assigned to separate ministries. | 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 resulted in confusion as to what ministry would have jurisdiction over children’s issues.
This essentially decapitated the NACC for a sustained period in 1997 as letters by the secretariat requesting governmental clarification produced conflicting information.
The issue was still unresolved in March 1998.
Among other things, this has negatively affected the momentum for furthering children’s rights/needs engendered by Solomon Islands’ accession to the Convention. | 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 |
Not having a confirmed lead ministry for children’s affairs, the NACC and children’s issues themselves have been pushed to the periphery of governmental awareness.
Despite a workshop held on the CRC in Honiara in October 1995, the rapid pace of public sector and NGO personnel turnover since then has adversely affected development of a base of informed, highly-placed individuals necessary for sustained continued progress toward the goal of implementation of the Convention. | 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 123 16 The Pacific Islands’ definition of youth generally corresponds to the WHO definition.
This applies to young people 15 years of age up to 30 years of age, essentially young unmarried adults.
Such a broad definition of youth means that young people between the ages of 15 and 18 years probably comprise only a small percentage of members within youth groups throughout 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 |
Consequently, it is difficult to take any data relevant to youth groups and interpret the status of the 15 to 18 year olds in Solomon Islands.
17 The children’s policy is also known as the Draft Solomon Islands Policy, Strategy and Outline Plan of Action for Children.
The document incorporates the relevant provisions of the CRC, the World Summit Goals for Children and the principle of the best interests of the child as its framework.
18 Also for discussion was whether the MYWSR would chair the NACC. | 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 |
At that meeting it was suggested that a full-time officer of children’s affairs was needed to keep track of progress towards sectoral targets set out in the policy.
Further information on the history of the attempts to establish an officer for children’s affairs is contained in NACC minutes for 13 April 1995.
19 The idea was also introduced to organize a CRC reporting workshop to be held in Honiara in October 1995.
20 Police could assist youths says Short (11 November 1997).
The Solomon Star, p. 3. | 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 Solomon Star, p. 3.
21 The Law Reform Commission should not be confused with the Law Revision Commission, which deals with revision and reprinting of existing laws.
Unlike the Law Reform Commission, the Law Revision Commission has no power to recommend changes to the law.
The Commission can do grammatical changes to a provision so long as the substance of that law is not changed.
A revised edition of a particular Act by the Law Revision Commission becomes the authentic authority. | 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 |
22 The funding for the production of these materials has been provided by UNICEF and Save the Children Fund Australia (SCFA).
23 Health booklet will help community (1 August 1997).
The Solomon Star, p. 8.
24 Unfortunately this annual tradition was omitted in 1997 due to staffing shortage at SCFA.
25 NACC has an advisory role to the Government on child issues and was charged with the task of formulating a National Policy on Children and Plan of Action. | 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 |
NACC is still the only intersectoral committee for which sitting fees are not paid, the rationale being that Committee members are paid for their work during working hours and that issues affecting children, the future of Solomon Islands, will garner priority amongst the busy demands of participating members.
However, lack of interest by some NACC members to regularly attend Committee meetings has been attributed to lack of incentives, such as sitting fees. | 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 Committee roster represents most sectors affecting children (see annex 1, point 10).
Notably absent are members from the Ministry of Police; however, the Ministry of Justice is represented by a lawyer from the Attorney-General’s Chambers.
Historically, the Committee has relied on the goodwill of CRC/C/51/Add.6 page 124 individual members to carry on its work. | 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 work has included publishing information on the CRC, lobbying Cabinet for Solomon Islands’ accession to the Convention in April of 1995 and raising public awareness of children’s issues.
This work continues with the compiling of this report and perhaps monitoring into the indefinite future.
26 NACC minutes dated 2 February 1995 and 13 April 1995.
27 MYWSR re-established in the latter part of 1997 by the newly elected Government with the name Ministry of Youth, Women and Sports. | 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 |
28 NACC minutes dated 14 March 1996.
29 For example, the newly formed Family Support Centre was delegated to write in the area of child exploitation.
Although the Centre has dealt primarily with abused women, the need to help affected children is a natural and obvious progression in mission. | 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 |
Discussion of the issue of child abuse and exploitation in the country currently presents a challenge and opportunity to mobilize forces to meet this unmet need (in terms of services for victims of child abuse in Solomon Islands).
30 By way of example, an Under-Secretary from the Ministry of Development and Planning compiled significant portions of the report section dealing with education with input from MEHRD personnel. | 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 |
By way of further illustration, there has not been a sitting representative of SICA (Solomon Islands’ Christian Association) on the NACC since the first submissions were requested in August of 1995.
This has meant that a valuable source of non-governmental information has been omitted with extra time and effort insufficient to compensate for this loss.
31 The notable exception was a submission by the Social Welfare Division of MHMS in August 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, requested feedback from that sector, too, was periodically delayed.
32 Unexpected assistance came via a visit to Honiara by Professor Yuri Kolosov, the Vice-Chairperson of the Committee on the Convention on the Rights of the Child in Geneva.
Professor Kolosov met with some members of the NACC in August 1997.
His comments on the third draft of the report were of great assistance. | 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 invitation to attend a UNICEF-sponsored Pacific Regional Consultation Workshop on the Reporting and Monitoring for the CRC in Suva, Fiji, also in August 1997, also proved very beneficial to the final drafting of the report.
33 Even within MHMS there is room for improved statistical records.
For example, teenage suicides and attempted suicides have not been quantified.
Teenage pregnancy rates and school drop-out/push-out rates have not been correlated. | 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 |
Causes of children’s injuries and deaths, above the age of 5, have not been consistently tracked, categorized or quantified in ways that could be useful as indicators of other childhood health issues.
The data included in the health section of this report emphasizes traditional areas of childhood health.
Deaths or injury attributed to child abuse are not tracked, unless by particular doctors for their own information. | 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 examples point to areas where improved data collection and data sharing is sorely needed.
For example, nurses and clinic health workers are not adequately trained in identifying injuries suspected from child abuse.
Apart from areas of deficiency in paediatric health-care training, a major obstacle to CRC/C/51/Add.6 page 125 development of record keeping in the provinces may also be a culturally based unwillingness to identify people within a child’s own family as abusers. | 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 |
Yet the evidence for child abuse worldwide emphasizes family members are frequently abusers of children.
34 For example, information has never been requested from the Commissioner of Police who assumed office in the last quarter of 1997.
This omission has been due primarily to report-editing time constraints as the report is now overdue.
35 Neither the draft Child Rights Bill nor the Draft Outline and Policy Plan of Action for Children has been endorsed by Cabinet. | 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 domination of sports council interests in the Ministry designated as the lead ministry for youth has obscured children’s and young people’s interests apart from sports in the Government’s agenda.
The process of holding elections in August 1997 and the coincidental loss of the primary focal person for CRC to an intergovernmental organization at the same time also served to slow momentum toward completion of this document.
36 EU approves $8.0 m for population census (19 November 1997). | 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 Solomon Star, p. 7.
Preparations under way for national population census (4 February1998).
The Solomon Star, pp.
6-7.
37 In late February 1998, a census users’ committee meeting was held in Honiara to address the question of topics to be included in census data collection.
A follow-up meeting was to be held in April 1998. | 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 |
38 These include civil works (mainly upgrading secondary school facilities); upgrading secondary teacher training; curriculum development; staff development at ministry level; direct assistance to SICHE (upgrading nurse training, adding dormitories, upgrading natural resources training); technical assistance in project management and studies (primarily directed toward school assessment and Ministry of Education Policy Handbook); and cyclone rehabilitation of primary schools in Guadalcanal, Makira, and Temotu (for 1986 and 1991 cyclone damage). | 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 |
39 This section should technically protect children from abuse who have been informally adopted into families.
40 Liquor (Amendment) Act 1988 (No.
15 of 1988), p. 10.
41 In some cases in traditional matrilineal societies, women’s significant roles as landholders are increasingly nominalized as males negotiate with outside interests for cash as in logging and mining enterprises.
42 Convention on the Rights of the Child, Part I, article 1.
43 Iroga, R.L.
(27 January 1998). | 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 |
43 Iroga, R.L.
(27 January 1998).
Are those U-18 banned in clubs?
The Solomon Star, p. 6.
44 The exception, perhaps, being hospital facilities.
CRC/C/51/Add.6 page 126 45 SIG/UNICEF, Situation Analysis of Women and Children in Solomon Islands (1993), p. 53.
46 Ibid., pp.
55, 64.
47 Ibid., pp.
56-57.
48 Pollard, A.
(1988).
Solomon Islands in Pacific women roles and status of women in Pacific societies, ed.
T. Tongamoa, Suva: Institute of Pacific Studies, University of the South Pacific, p. 43. | 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 |
Cited in SIG/UNICEF (1993), Situation Analysis of Women and Children in Solomon Islands, p. 54.
49 (MHMS) National Nutrition Survey, 1991 50 However, some crimes against children do not attract heavy penalties, e.g.
attempted defilement of a girl under 13 is only punishable by two years in prison under the Penal Code, section 134 (2).
51 It must be noted here, however, that it does not state anywhere in this Act that the court must consider 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 |
This practice is derived from British common law.
Please refer to paragraph 97, Constraints and recommendations.
52 Refer to paragraph 91 of the report.
53 This is illustrated by two cases handled by the Public Solicitors’ Office where one family was discouraged from pursuing a legal case on the grounds that they would have difficulty proving the verbal contract made for the informal adoption. | 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 |
While the second case called into question the natural mother’s ability to parent and therefore allowed the adoptive parents to engage in legal proceedings on that basis.
(See chapter V, section E of the present report: Illicit transfer and non-return.)
54 The initiative in the Solomon Islands is the beginning for the South Pacific region. | 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 being carried out in association with the Institute of Education of the University of the South Pacific, the Ministry of Education and Human Resource Development (MEHRD), the Rotary Club of Victoria, Australia, Rotary International and the Honiara Rotary Club.
The programme is expected to last through 2001 if fully funded and will include provincial schools to Grade 4.
Source: Report from Evaluation Visit 15-19 July 1996 for Rotary International Literacy Project/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 |
55 Solomon Islands’ definition of youth, for the purposes of forming youth groups and the National Youth Congress, for example, is from age 15 years up to 30 years of age.
This means although development of National Youth Policy schemes and programmes have the potential to impact significantly upon the young adult populations, they directly involve a relatively limited number of 15- to 18 years-olds whose needs may intersect or diverge from those of young adult Solomon Islanders. | 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 |