LGBT rights in the Solomon Islands
|LGBT rights in Solomon Islands|
|Same-sex sexual intercourse legal status||Illegal|
|Up to 14 years|
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Solomon Islands face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been illegal since its criminalisation in the 1880s.
Engaging in anal sex acts with another person is punishable by up to 14 years imprisonment under Section 160, Chapter 26 of the Penal Code of Solomon Islands. Attempting anal intercourse can be punished by up to seven years imprisonment. Acts of "gross indecency", even in private, can be punished with five years imprisonment. However, the United States Department of State reported that there were no reports in 2010, 2011, 2012, or 2013 of arrests or prosecutions directed at LGBT people.
It is advisable that gay and lesbian citizens - travellers avoid public displays of affection, which could be categorized by the Solomon Islands penal code as an act of gross indecency, a felony, liable to imprisonment for five years.
The Law Reform Commission proposed legalising gay and lesbian status in December 2008, but the move was strongly opposed. The government told the United Nations in 2011 that it had no intention of decriminalising homosexuality.
Solomon Islands is currently reforming its Constitution.[when?] In the first draft of 2009 of the new Constitution of the proposed Federal Democratic Republic of Solomon Islands, "sexual orientation" was explicitly and newly included as a prohibited ground of discrimination. In the 2011 draft and the 2013 draft, there was no mention of "sexual orientation". In the latest second 2014 draft (published on 6 May 2014), it became explicitly stated that "sexual orientation" is not a prohibited ground of discrimination. This Constitutional allowance of discrimination on the basis of "sexual orientation" is contradicting international human rights.
There is mounting concern about the Constitution allowing discrimination on the basis of sexual orientation. The executive director of a LGBT rights organization has mentioned that they consider to involve a special expert of the United Nations to intervene in pending legislation. If one reads the latest draft of the upcoming Constitution literally, it even allows for the advocacy of hatred (and incitement to cause harm) on the basis of sexual orientation. That newly drafted Constitution is expected to factually replace the existing Constitution by late 2016.
- State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 19 July 2013 at WebCite
- "Where is it illegal to be gay?". BBC News. Retrieved 23 February 2014.
- "2012 Country Reports on Human Rights Practices - Solomon Islands", United States Department of State
- "Travel.state.gov - LGBT rights"
- Sireheti, Joanna, "Strong Public Opposition to Idea on Legalising Gay and Lesbian Status," Solomon Times Online, 23 December 2008
- "Homosexuality to remain illegal in Samoa, Solomon Islands and PNG", Radio Australia, 21 October 2011
- Verheyen, Vincent Mia E. "Sexual orientation [LGBTQ+] and the draft of the new Solomon Islands Constitution". Retrieved 3 March 2016.
- Paletta, Daniele (26 February 2016). "LGBulleTIn #37 – The week in LGBTI news (February 19-25, 2016)". ILGA (International lesbian, gay, bisexual, trans and intersex association). Retrieved 3 March 2016.
- Vance, Kim (25 February 2016). "Stop sexual orientation discrimination in forthcoming Solomon Islands Constitution!". Haus of Khameleon. Retrieved 3 March 2016.