Solomon Islands

Same-sex sexual activity is prohibited under the Penal Code 1996, which criminalises acts of ‘buggery’ and ‘gross indecency’. This provision carries a maximum penalty of fourteen years’ imprisonment. Both men and women are criminalised under this law.

The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon the Solomon Islands. The country retained the provision upon independence and continues to criminalise same-sex sexual activity today.

There is no evidence of the law being enforced since 2003, when reports suggest a lesbian woman was charged with ‘indecent practices’, though the outcome of the case is unknown. As such, the law appears to be largely obsolete in practice. Nevertheless, the mere existence of the law is itself a violation of human rights and underpins further acts of discrimination (see further).

There have been few reports of discrimination and violence being committed against LGBT people in the Solomon Islands in recent years. The limited reports that are available suggest that LGBT people can be subjected to verbal abuse, sexual assault, threats, and exclusion from services.

2015 

In March, the Solomon Islands voted in favour of a failed Russian proposal at the UN General Assembly’s Fifth Committee (Administrative and Budgetary) that would have overturned the UN Secretary-General’s decision to extend spousal benefits to UN staff in same-sex marriages.

2013

In June 2013, the Law Reform Commission issued its interim report on its review of part XVI of the Penal Code, which set out a number of recommendations for reform of sexual offences. While the report did not directly address the issue of the criminalisation of same-sex sexual conduct, the Commission did make two relevant recommendations. The first advocated for defining ‘sexual intercourse’ to include oral and anal sex, and redefining rape so that it applied to all. However, no recommendations were included to repeal the sections that criminalise same-sex activity. The second relevant recommendation suggested that the offence of indecent assault be replaced and that ‘indecent’ be defined “as meaning indecent according to the standards of ordinary or right minded people, or prevailing community standards. To determine whether conduct is offensive all of the circumstances surrounding the conduct can be considered, including the motive of the accused.” As a consequence, this could have altered the application and interpretation of the offence of gross indecency under section 162.

2008 

The Solomon Islands Law Reform Commission suggested the repeal of the laws criminalising same-sex sexual activity. This suggestion was rejected in light of considerable opposition.

2020

The US Department of State report for 2020, like all recent iterations of this report, has found that there were no reports of arrests or prosecutions, and the law is generally not enforced.

2011

In 2011 the Law Reform Commission reported that there had been no prosecutions for consensual same-sex sexual activity under section 160 or section 162 since 2003.

2003

The only known reported arrest for same-sex sexual activity came in 2003, when a lesbian woman was allegedly arrested and charged for ‘indecent practices’. The outcome of the case is not known.

2020

The US Department of State report states that there were no reports of violence or discrimination based on sexual orientation or gender identity, although societal stigma may hinder reporting.

2016

A report by the Equal Rights Trust noted that it is difficult to gather evidence about discrimination against people on the basis of their sexual orientation as criminalisation and social stigma make it difficult for LGB people to be open about their sexual orientation. The report nonetheless stated, on the basis of interviews and focus groups, that there are high levels of stigma and prejudice against people on the basis of sexual orientation. Interviewees reported sexual assault, verbal abuse, and concerns about safety among the LGBT community.

2014

The National Council of Women and Women’s Rights Action Movement submitted a shadow report for the review of the Solomon Islands by the CEDAW Committee in 2014. The report listed how the government’s failure to recognise people’s sexual orientation and gender identity limited women’s enjoyment of human rights, including a: “lack of safe and accessible sexual and reproductive health services; lack of services to prevent and/or treat STIs and HIV; lack of comprehensive sexuality education and lack of legal recognition of same sex relationships.”