SOLOMON ISLANDS

The Solomon Islands is a constitutional multiparty parliamentary
democracy with a population of approximately 566,000. Parliamentary
elections held in April 2006 were considered generally free and fair,
although there were incidents of vote buying. On December 13, Prime
Minister Manasseh Sogavare\'s coalition government lost a parliamentary
vote of no confidence, and on December 20, Parliament elected Derek
Sikua as prime minister. The Regional Assistance Mission to the Solomon
Islands (RAMSI), a multinational police-centered force organized by
Australia, arrived in the country in 2003 at the government\'s
invitation to assist in restoring law and order and rebuilding the
country\'s institutions following a period of violent conflict between
the Malaitan and Guadalcanalese ethnic groups from 1998 to 2003. RAMSI
continued its assistance during the year. The civilian authorities
generally maintained effective control of the security forces; however,
relations between RAMSI and the Sogavare government were increasingly
strained after the controversial July appointment of Julian Moti, wanted
by Australia on child sex offense charges, as attorney general. In
December the Sikua government dismissed Moti and deported him to
Australia.

The government generally respected the human rights of its citizens, but
there were problems in some areas. Human rights problems included
lengthy pretrial detention, government corruption, and violence and
discrimination against women and minorities.

## RESPECT FOR HUMAN RIGHTS

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

a\. Arbitrary or Unlawful Deprivation of Life

There were no reports that the government or its agents committed
arbitrary or unlawful killings.

During the year a former cabinet minister was released from custody due
to lack of evidence related to his alleged participation in rioting in
Honiara following the April 2006 elections. Earlier in 2006 he had been
released on bail after being charged with, among other things, being an
accomplice to murder; those charges also were dropped.

On May 10, the High Court acquitted two men charged with the 2004 murder
of Adam Dunning, an Australian Federal Police officer attached to RAMSI
who was shot and killed while on patrol in Honiara. In the same
proceeding, two other defendants were acquitted of the 2004 attempted
murder of two additional RAMSI police officers, from Tonga and Nauru,
respectively. The judge cited lack of sufficient evidence in both cases.

On August 24, former Guadalcanal Liberation Front leader Harold Ke\'ke
was convicted of murder for ordering the killings of seven men in 2002
and sentenced to an additional life term, to be served concurrently with
a 2005 life sentence imposed for the killing of Father Augustine Geve in
2002.

b\. Disappearance

There were no reports of politically motivated disappearances.

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

The law prohibits such practices, and there were no confirmed reports of
such practices by the police during the year. There were a few
allegations by detainees that they were mistreated by police during
questioning, but they often lacked substantiating evidence.

Since its arrival in 2003, RAMSI apprehended and charged persons
allegedly responsible for human rights abuses and other criminal acts.
More than 240 persons, including approximately 40 police officers,
Ke\'ke, and other militants, were arrested. Most of those arrested had
been tried by year\'s end, although some cases were still pending.

Prison and Detention Center Conditions

Prison conditions generally met international standards, and the
government permitted visits by independent human rights observers,
including the International Committee of the Red Cross (ICRC). The ICRC
also facilitated visits by family members of some prisoners.

d\. Arbitrary Arrest and Detention

The constitution prohibits arbitrary arrest and detention, and the
government generally observed these prohibitions.

Role of the Police and Security Apparatus

A commissioner who reports to the minister of police heads the Royal
Solomon Islands Police (RSIP) force of approximately 1,050 members. This
force was supported by 250 RAMSI officers, who served in line positions
and in logistical and finance support. In February Fijian national
Mohammed Jahir Khan was appointed as the new police commissioner.

While the police were more effective under RAMSI, the RSIP continued to
be weak in investigation and reporting. The police service has an
inspection unit to monitor police discipline and performance. Police
corruption and impunity were not serious problems during the year. In
July a commission of inquiry reported its findings concerning the April
2006 post-election riot. The commission concluded that the police were
not adequately prepared and that a police riot squad should have been on
standby to deal with possible civil unrest.

Arrest and Detention

The law provides for a judicial determination of the legality of
arrests. Detainees generally were informed promptly of the charges
against them and have the right to counsel. The Public Solicitor\'s
Office provided legal assistance to indigent defendants. Detainees had
prompt access to family members and to counsel. Officials found to have
violated civil liberties were subject to fines and jail sentences. There
was a functioning system of bail. However, delays in adjudication of the
large number of cases before the courts resulted in lengthy pretrial
detention for some detainees. During the year the authorities appointed
more magistrates and High Court judges and completed two new High Court
buildings. These developments assisted in reducing the number of
backlogged cases.

e\. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the
government generally respected judicial independence in practice.
However, the July appointment of controversial Attorney General Julian
Moti, who was wanted in Australia on child molestation charges, raised
concerns on the part of NGOs, the bar association, and the public about
the independence of the judiciary, until the new government removed him
from office in December.

The judicial system consists of the High Court, the Court of Appeals,
and magistrates\' courts. RAMSI expanded the public solicitor\'s staff
to 27, of whom 13 were foreign nationals. The number of public
prosecutors increased to 13, including nine foreign nationals.

Trial Procedures

The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right.

Trial procedures normally operated in accordance with British common
law, with a presumption of innocence, access to attorneys, and the right
to access government-held evidence, confront witnesses, and appeal
convictions. Judges conduct trials and render verdicts; there are no
juries. Accused persons are entitled to counsel, and an attorney was
provided at public expense for indigent defendants facing serious
criminal charges.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary in civil matters; local
courts and magistrates\' courts have civil jurisdiction. In addition the
constitution provides that any person whose rights or freedoms have been
contravened may apply directly to the High Court for redress.

> f\. Arbitrary Interference with Privacy, Family, Home, or
> Correspondence

The constitution prohibits such actions, and the government generally
respected these prohibitions in practice.

Section 2 Respect for Civil Liberties, Including:

a\. Freedom of Speech and Press

The constitution provides for freedom of speech and of the press, and
the government generally respected these rights in practice.

Individuals were allowed to criticize the government publicly and
privately without reprisal. The government did not attempt to impede
criticism. However, there were reports of intimidation and evidence of
threats from criminal elements against individuals who criticized the
government.

The independent media were active and expressed a wide variety of views
without restriction.

Internet Freedom

There were no government restrictions on access to the Internet or
reports that the government monitored e-mail or Internet chat rooms.
Individuals and groups could engage in the peaceful expression of views
via the Internet, including by e-mail. In practice cost factors and lack
of infrastructure limited public access to the Internet.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural
events.

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b\. Freedom of Peaceful Assembly and Association

Freedom of Assembly

The constitution provides for freedom of assembly, and the government
generally respected this right in practice. Demonstrators must obtain
permits, which the government generally granted.

Freedom of Association

The constitution provides for freedom of association, but at times the
government restricted this right. The government has outlawed the
principal militant groups. Other groups associated freely, and a good
governance oversight group, the Civil Society Network, continued to
raise issues of concern with the government.

c\. Freedom of Religion

The constitution provides for freedom of religion, and the government
generally respected this right in practice.

Societal Abuses and Discrimination

There were no reports of societal abuses or discrimination, including
anti-Semitic acts. The Jewish community was very small.

For a more detailed discussion, see the *2007 International Religious
Freedom Report*.

> d\. Freedom of Movement, Internally Displaced Persons, Protection of
> Refugees, and Stateless Persons

The constitution provides for freedom of movement within the country,
foreign travel, emigration, and repatriation, and the government
generally respected these rights in practice.

The law prohibits forced exile, and the government did not use it.
Native-born citizens may not be deprived of citizenship on any grounds.

Protection of Refugees

Although party to the 1951 UN Convention relating to the Status of
Refugees and its 1967 protocol, the government has not established a
system for providing protection to refugees. The government did not
grant refugee status or asylum during the year. In practice the
government provided protection against refoulement, the return of
persons to a country where there was reason to believe they feared
persecution. The government cooperated with the Office of the UN High
Commissioner for Refugees in assisting refugees and asylum seekers.

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

The constitution provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.

Elections and Political Participation

The April 2006 national parliamentary elections were regarded as
generally free and fair, although there was evidence of vote buying. In
April 2006 rioting broke out in Honiara immediately following the
election of Snyder Rini as prime minister. Rini resigned, and in May
2006 Parliament elected Manasseh Sogavare as prime minister. On December
13, Sogavare\'s government lost a vote of no confidence, and on December
20, Parliament elected former education minister and opposition
candidate Derek Sikua as prime minister.

Political parties could operate without restriction, but they were
institutionally weak, with frequent shifts in political coalitions and
unstable parliamentary majorities.

Male dominance in government limited the role of women. There were no
women in the 50-member Parliament. Five women served as permanent
secretaries in the Sogavare government.

There were two minority (non-Melanesian) members in Parliament.

Government Corruption and Transparency

The law provides criminal penalties for official corruption; however,
the government did not implement the law effectively, and officials
often engaged in corrupt practices with impunity. Government corruption
and impunity in both the executive and legislative branches continued to
be serious problems. In May 2006 Prime Minister Sogavare appointed
Charles Dausabea and Nelson Ne\'e to the cabinet, although they had been
arrested for their roles in the April 2006 riot. Both were reportedly
released on medical grounds, and on October 11, a court dismissed their
criminal case due to insufficient evidence.

On July 10, Prime Minister Sogavare appointed Julian Moti as attorney
general. The Australian government sought Moti, an Australian national,
on child sex offense charges. The then Solomon Islands police
commissioner arrested Moti in October 2006 for illegally entering the
country; however, a court subsequently dismissed those charges. The
political opposition and NGOs strongly criticized the appointment, and
the opposition leader asserted that the government had manipulated the
justice system to obtain dismissal of the immigration charges against
Moti. The government denied the allegation. On September 5, the
government announced its rejection of an Australian request for Moti\'s
extradition, which it characterized as politically motivated. In
December the new Sikua government removed Moti from his post and
deported him to Australia.

[]{.mark}

In July Ezekiel Alebua, a former Guadalcanal premier and former prime
minister, was convicted of embezzlement of provincial government funds
and sentenced to 42 months in prison. On September 24, the High Court
overturned the July conviction of former finance minister Francis Zama
on corruption charges. Zama was appointed minister of justice and legal
affairs. In November Sogavare announced the intention to switch
ministerial positions between Zama and Treasury Minister Darcy Lilo.
Lilo and several additional ministers and other Members of Parliament
(MPs) resigned from the government in protest and called for Sogavare\'s
resignation, leading to Parliament\'s December 13 ouster of Sogavare as
prime minister.

At year\'s end a government appeal was still pending before the High
Court in the cases of a former East Honiara MP and a former cabinet
minister charged in 2004 and 2005, respectively, with official
corruption involving the granting of certificates of naturalization to
Chinese nationals. A court acquitted both on the basis of insufficient
evidence, and the government appealed the verdicts.

In November a magistrate\'s court found MP and former prime minister
Allan Kemakeza guilty of intimidation, larceny, and demanding money with
menace in connection with a 2002 attack by a group of men on a Honiara
law firm that owned shares in the country\'s national bank. Kemakeza was
accused of ordering the attack to intimidate Australian partners of the
firm into leaving the country. On December 6, the court fined Kemakeza
\$1,072 (SI\$7,500) and sentenced him to five months\' imprisonment,
reduced to two months. At year\'s end Kemakeza was appealing the prison
sentence.

Public officials were subject to financial disclosure laws under the
leadership code of conduct. The Ombudsman Commission was responsible for
combating government corruption.

No law provides for public access to government information. In practice
the government generally was responsive to inquiries from the media
during the year.

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

A number of domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were somewhat
cooperative and responsive to their views.

The constitution provides for an ombudsman, with the power to subpoena
and to investigate complaints of official abuse, mistreatment, or unfair
treatment. While the ombudsman\'s office has potentially far-ranging
powers, it was limited by a shortage of resources. Appointment of a new
ombudsman was nullified due to complaints from the Governor General\'s
Office, and a court appeal by the ombudsman designate was pending at
year\'s end.

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons

The constitution provides that no person\--regardless of race, place of
origin, color, or disability‑‑shall be treated in a discriminatory
manner with respect to access to public places. The constitution further
prohibits any laws that would have discriminatory effects and provides
that no person should be treated in a discriminatory manner by anyone
acting in an official capacity. Despite constitutional and legal
protections, women remained the victims of discrimination in the
male-dominated society. Unemployment was high, and there were limited
job opportunities for persons with disabilities.

Women

The law does not specifically address domestic violence; however, there
are provisions against common assault and rape. Violence against women,
including rape and domestic abuse, remained a serious problem. Among the
reasons cited for the failure to report many incidents of abuse were
pressure from male relatives, fear of reprisals, feelings of shame, and
cultural taboos on discussion of such matters.

The maximum penalty for forced rape is life imprisonment. Spousal rape
is not a crime. Following RAMSI\'s arrival, rape charges were brought
against a number of persons. As part of a new police curriculum,
officers received specialized training on how to work with rape victims.
The police have a sexual assault unit, staffed mostly by female
officers, to combat the problem. The unit was well received by the
public; women felt more comfortable reporting abuses.

Although statistics were unavailable, incidents of domestic violence
appeared to be common. In the rare cases of domestic abuse that were
reported, victims often dropped charges before the court appearance, or
the case was settled out of court. The magistrates\' courts dealt with
physical abuse of women as with any other assault, although prosecutions
were rare. On August 24, the Solomon Islands National Council of Women
(NCW) reportedly appealed to the government to introduce tougher laws
against domestic violence. NGOs conducted awareness campaigns on family
violence during the year. There were two church-run facilities for
abused women and an NGO-supported family center that provided
counseling, legal assistance, and other support services for women.

Prostitution is illegal, but the statutes were not enforced. There is no
law specifically against sex tourism, although such offenses could be
prosecuted under laws against prostitution. There were some press
reports of sex tourism during the year.

Sexual harassment is not illegal and was a problem.

The law accords women equal legal rights, including the right to own
property. However, women were limited to customary family roles, and
this situation prevented women from taking more active roles in economic
and political life. A shortage of jobs also inhibited the entry of women
into the work force. The majority of women were illiterate; this was
attributed in large part to cultural barriers. The NCW and other NGOs
attempted to make women more aware of their legal rights, including
voting rights, through seminars, workshops, and other activities. The
government\'s Women\'s Development Division also addressed women\'s
issues.

Children

Within the limits of its resources, the government was committed to the
welfare and protection of children. During the year major foreign
assistance continued to bolster the educational system, but education
was not compulsory, and the high cost of school fees severely limited
attendance at secondary and higher institutions. A higher percentage of
boys than girls attended school, particularly at the higher grade
levels. According to a UN Children\'s Fund report (based on 2000-2005
data), net primary school enrollment rates were 80 percent for boys and
79 percent for girls. All medical care for children was free, and boys
and girls had equal access to government-provided care; however, a lack
of resources seriously limited its quality and availability.

The law grants children the same general rights and protections as
adults, and there are laws designed to protect children from sexual
abuse, child labor, and neglect. Children generally were respected and
protected within the traditional extended family system, in accordance
with a family\'s financial resources and access to services, although
some cases of child abuse were reported. Virtually no children were
homeless or abandoned. However, there was an increase in reported cases
of incest.

Both boys and girls may legally marry at age 15, and the law permits
marriage at age 14 with parental and village consent, but marriage at
such young ages did not appear to be common.

Trafficking in Persons

The law prohibits trafficking in persons for labor or sexual
exploitation. There were no confirmed reports that persons were
trafficked to, from, or within the country, but there were anecdotal
reports that young women were trafficked internally, and from China and
several Southeast Asian countries, for the purpose of sexual
exploitation on foreign ships and in logging camps.

Persons with Disabilities

There is no law or national policy on persons with disabilities, and no
legislation mandates access to buildings for such individuals. Their
protection and care is left to the extended family and NGOs. A
disability center in Honiara assisted persons with disabilities in
finding employment; however, with high unemployment countrywide and few
jobs available in the formal sector, most persons with disabilities,
particularly those in rural areas, did not find work outside of the
family structure.

The Ministry of Home Affairs is responsible for protecting the rights of
persons with disabilities.

The country had one educational facility for children with disabilities,
which was supported almost entirely by the Red Cross. An education unit
at the College of Higher Education, staffed by Australian volunteers,
trained teachers in the education of persons with disabilities. Such
training was compulsory for all student teachers at the college. Persons
with mental disabilities were cared for within the family structure;
there were very limited government facilities for such persons. The
Kilufi Hospital in Malaita operated a 10-bed ward for the treatment of
psychiatric patients.

National/Racial/Ethnic Minorities

The country comprises more than 27 islands with approximately
70 language groups. Many islanders see themselves first as members of a
clan, next as inhabitants of their natal island, and only third as
citizens of their nation. Tensions and resentment between the
Guadalcanalese and the Malaitans on Guadalcanal culminated in violence
beginning in 1998. The presence of RAMSI greatly reduced ethnic tension
between the two groups, and the Peace and Reconciliation Ministry
organized reconciliation ceremonies. However, underlying problems
between the two groups remained, including issues related to jobs and
land rights.

There was societal discrimination against ethnic Chinese. The April 2006
riots were directed almost exclusively against Chinese business
interests. Australians were also targets of discrimination and threats
of violence.

Other Societal Abuses and Discrimination

Same-sex relationships are illegal, and persons engaged in same-sex
relationships were often the subject of societal discrimination. While
there were fewer than 200 confirmed HIV/AIDS cases, there were reports
that HIV-positive individuals were often disowned by their families.

Section 6 Worker Rights

a\. The Right of Association

The constitution implicitly recognizes the right of workers to form or
join unions, to choose their own representatives, to determine and
pursue their own views and policies, and to engage in political
activities. The courts have confirmed these rights, and workers
exercised them in practice. Only an estimated 10 percent of the
population participated in the formal sector of the economy. According
to the chief of trade unions, approximately 55 percent of employees in
the public sector and 25 percent of those in the private sector were
organized.

b\. The Right to Organize and Bargain Collectively

The law provides for the right to organize and to bargain collectively,
and unions exercised these rights. Wages and conditions of employment
were determined by collective bargaining, usually at the level of
individual firms. Disputes between labor and management that cannot be
settled between the two sides are referred to the Trade Disputes Panel
(TDP) for arbitration. The three-member TDP, composed of a chairman
appointed by the judiciary, a labor representative, and a business
representative, is independent and neutral.

The law permits strikes. Private-sector disputes usually were referred
quickly to the TDP for arbitration, either before or during a strike. In
practice the small percentage of the work force in formal employment
meant that employers had ample replacement workers if disputes were not
resolved quickly. However, employees are protected from arbitrary
dismissal or lockout while the TDP is deliberating.

In July teachers went on strike to protest the government\'s failure to
implement certain pay and other benefits agreed upon in January. In
August the strike was settled after the Treasury Department cleared all
payments to the teachers. At year\'s end a standoff continued between
the National Union of Workers and the Russell Islands Plantation Estate,
and estate workers were still on strike.

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

There are no export processing zones.

c\. Prohibition of Forced or Compulsory Labor

The constitution prohibits forced or compulsory labor, including by
children, except as part of a court sentence or order; however, there
were some reports of internal trafficking in young women for purposes of
sexual exploitation.

d\. Prohibition of Child Labor and Minimum Age for Employment

The law forbids labor by children under the age of 12, except light
agricultural or domestic work performed in the company of parents.
Children under age 15 are barred from work in industry or on ships;
those under age 18 may not work underground or in mines. The
commissioner of labor is responsible for enforcing child labor laws, but
few resources were devoted to investigating child labor cases. Given low
wages and high unemployment, there was little incentive to employ child
labor.

e\. Acceptable Conditions of Work

The minimum wage rate is \$0.20 (SI\$1.50) per hour for all workers
except those in the fishing and agricultural sectors, who receive \$0.17
(SI\$1.25). The legal minimum wage did not provide a decent standard of
living for an urban family living entirely on the cash economy. However,
most families were not dependent solely on wages for their livelihoods.

The law regulates premium pay, sick leave, the right to paid vacations,
and other conditions of service. The standard workweek is 45 hours and
is limited to six days per week. There are provisions for maternity
leave and for premium pay for overtime and holiday work.

Both an active labor movement and an independent judiciary provided
enforcement of labor laws in major state and private enterprises. The
commissioner of labor, the public prosecutor, and the police are
responsible for enforcing labor laws; however, they usually reacted to
complaints rather than routinely monitoring adherence to the law. The
extent to which the law was enforced in smaller establishments and in
the subsistence sector was unclear. Safety and health laws appeared to
be adequate. The Safety at Work Act requires employers to provide a safe
working environment and forbids retribution against an employee who
seeks protection under labor regulations or removes himself from a
hazardous job site. Laws on working conditions and safety standards
apply equally to foreign workers and citizens.