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About 100 untrained primary teachers are being trained at SICHE each year for upgrading to trained teacher status while another 100 Form 5 students are being sponsored to undertake certificate courses in teaching primary each year at SICHE.
The number of secondary CRC/C/51/Add.6 page 98 teachers with at least a diploma qualification has increased to 94 per cent.
Meanwhile a total of about 125 Ministry of Education staff (excluding teachers) received training in management. | 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 addition the provision of a substantial quantity of project funded textbooks in 1997 should have an impact on the quality of education.
C. Children with special needs 1.
Legal context 383.
There is no legal requirement or youth policy addressing the educational or recreational needs per se of children with special needs or disabilities. | 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 it is possible to infer that there is no intentional discrimination against such children, written goals or policies specific to the special needs of disabled children would help to identify ways to include rather than exclude them from opportunities available to children in general.139 2.
Implementation 384. | 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 |
Implementation 384.
The draft Policy, Strategy and Outline Plan of Action for Children mentions in its section on Community Education the goals to: “Integrate information on the prevention and early detection of childhood disabilities into community education”;140 “Include youth with disabilities in community education and vocational training programmes”.141 385.
Currently there is a shortage of organized recreational opportunities for handicapped youngsters. | 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, in October 1997, the Red Cross Handicapped Centre organized a Special Mini-Games event in Honiara attracting disabled children and adults from throughout the provinces.
This sort of event could become a regular opportunity for children from around the country to encourage them in their personal development. | 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 new Red Cross Handicapped Centre, currently under construction in West Honiara, is expected to offer more space for activities suited to education of disabled children, perhaps to include facilities encouraging participation in sports, etc.
3.
Constraints and recommendations 386.
Despite encouraging developments in Honiara, children outside of the capital area have very few opportunities for education. | 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 impediments to disabled children’s education are as diverse as their abilities: Attitudes - The way their own families view children’s abilities influence the way disabled children see their own potential.
The view held by the world outside the family is influential, but perhaps not of primary importance.
In learning to view such children as “differently able”, parents and others give them their greatest gift, a sense of self-worth. | 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 99 Logistics - Even with helpful attitudes, a family of limited financial means is likely to choose a path for its disabled child that minimizes the difficulties faced by the family.
For this child, as for any other in Solomon Islands, education is costly.
Therefore, even the offer of a tuition-free education, may also present the insurmountable obstacle of daily transport costs.
These issues effectively constrain the education of children in many families. | 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 |
Until there is success in decentralizing educational services for disabled children, these obstacles will remain.
Physical v. Mental Disabilities - Some disabilities, such as physical limitations, require physical means of compensation.
It is a very different prospect to attempt to help children compensate for learning disabilities.
If a child is perceived as unable to learn, the family may devalue 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 |
Such children may be more likely to be victimized by others, e.g., a child may be sexually, physically or emotionally abused.
Contact and assistance from health authorities can help families better understand and value the child.
D. Leisure, recreation and cultural activities 1.
Legal context 387.
All children in Solomon Islands have the right to leisure and to enjoy cultural, sporting and recreational activities. | 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 |
They are also entitled to equal opportunity to participate in cultural, sporting and recreational activities regardless of ethnic origin, religion, gender, or socio-economic background.
2.
Implementation 388.
Children are encouraged to practise their own religion and thus provisions are made in the curriculum for church representatives to give religious instruction in schools.
English is the medium of instruction in all schools and at all levels and is also taught as a core subject. | 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 |
Consideration is being given to encourage the development and use of vernacular and appropriate languages of instruction at the early childhood programme level, as young children can better grasp the concepts and express themselves in their first language.
389.
Children attending school receive training in all aspects of sports and physical education as part of a complete education programme.
Physical education and sports form part of the primary and secondary school curricula. | 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 |
Sports competitions are held among primary schools in various localities within the provinces.
An inter-secondary schools sports carnival is held annually in the national capital for all secondary schools.
There is no racial or gender discrimination in sports and children are free to play the sports of their choice.
Nevertheless, there are sports normally played primarily by girls, e.g., netball, or primarily by boys, such as rugby and soccer. | 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 |
Many secondary students are selected for national representation in international competitions such as the South Pacific Games held every four years and other regional as well as international games.142 CRC/C/51/Add.6 page 100 390.
Crafts do of course provide a source of revenue to artistic members of communities or simply provide individuals there an avenue of recreational expression.
To what extent children or young people are involved in this process is undocumented. | 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 |
Whether such activities are viewed to be primarily work, recreation or education is also unknown.
3.
Constraints and recommendations 391.
Innovative programmes such as the introduction of the Mini-Tennis Programme by Solomon Islands Tennis Association continue to benefit Honiara or town area schools.143 Sports have a great and enthusiastic following everywhere 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 |
Desire to give as many young people as possible opportunities to pursue organized sport, may at times result in an overemphasis upon these endeavours over other types of recreational pursuits.
392.
Certainly a subsistence lifestyle is labour intensive.
With 86 per cent of Solomon Islands’ population benefiting from subsistence agriculture, the question of availability of time for recreational pursuits seems a valid one. | 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, if communities seek to expand their understanding of recreation beyond sports, then the recreational choices of children and adults may also become more varied and interesting.
Desire to establish cooperative village libraries, for instance, may accompany literacy programmes.
Naturally occurring fibres, pigments, resins or clays are accessible materials to many craftspeople.
Dramatic productions may be done at low cost and with relatively low inputs in the way of props. | 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 primary ingredient is human innovation.
The value of the developing recreational pursuits for everyone in a village directly benefits children, who usually manage to create innovative play opportunities.
393.
Very often the student population of a country begins to lose its understanding of traditional languages, stories, crafts, songs and dances.
This obviously can happen due to the emphasis placed upon scholastic achievement. | 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 |
Opportunities to engender cultural awareness amongst the student population is, therefore, important.
The loss of cultural identity lamented by those who watch the emergence of a worldwide materialistic youth culture, may also be addressed amongst unemployed school leavers via establishment of community-based artistic productions.
Young people immediately gravitate toward modern music forms; however, sponsorship may also be available to preserve more traditional expressions of culture. | 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 |
As developmental processes become more established, preservation of traditional expressions of culture may also become a more highly valued commodity.
Encouragement should be given to young people who seek to maintain continuity with traditional endeavours.
394.
Development and maintenance of cultural stories, songs and dances via the educational system can be engendered many ways. | 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 |
Neighbouring Papua New Guinea encourages young people enrolled at National High Schools to organize and participate in annual dance festivals.
Such highly publicized activities in Solomon Islands would develop increased awareness of cultural origins and encourage students to maintain their contact with such traditions and rituals.
At the same time, these activities engender increased awareness of each other’s differences, developing attitudes of appreciation and tolerance cross-culturally. | 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 101 VIII.
SPECIAL PROTECTION A.
Children in situations of civil emergency 1.
Legal context for refugees 395.
Solomon Islands is a signatory to the Convention relating to the Status of Refugees (1951) and to its Protocol of 1967. | 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 the country has not had to face internal civil emergency, the nearby conflict between the Papua New Guinea Defence Forces and the guerrilla movement (Bougainville Revolutionary Army) in Bougainville has resulted in some estimated 3,000 Bougainvilleans - some of whom are refugees - residing in Solomon Islands.
396. | 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 |
396.
There is currently no refugee law in effect in Solomon Islands; however, in late 1996 the Office of the High Commissioner for Refugees (UNHCR) submitted sample legislation to the Solomon Islands Government which may be useful in drafting a refugee law in future.
Currently, Bougainvilleans in Solomon Islands are considered “displaced persons”, as there is no official mechanism in place to distinguish actual refugees from amongst other Bougainvilleans who intend to return to Bougainville. | 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 the absence of a refugee law, there is no legal method for determining refugee status of Bougainvilleans in Solomon Islands.
397.
Bougainvillean children born in the Solomon Islands are registered at birth, but not as Solomon Islands citizens.
They are eligible for Solomon Islands citizenship if the mother is a Solomon Islander or if both parents have resided here more than 10 years and decide to apply for citizenship. | 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 the issue of non-discrimination based on gender should be addressed by more inclusive wording, i.e.
“if either parent is a Solomon Islander,” the Solomon Islands citizenship policy for displaced persons is consistent with those of other countries.
Consequently, Bougainvilleans are granted the same rights to acquire nationality as other aliens residing here.
398.
Bougainvilleans found breaking the law in Solomon Islands are prosecuted according to Solomon Islands’ law. | 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 |
They may be provided with a public solicitor and represented in court.
Bougainvilleans also have legal standing to bring civil and criminal complaints.
2.
Implementation of refugee policies 399.
The Solomon Islands Government de facto refugee policy is at the moment in conflict with existing immigration laws.
It allows to some extent illegal entry, informal employment and residence for Bougainvilleans seeking medical treatment in the Solomon Islands and not wishing to return. | 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 |
Despite this, the Solomon Islands Government (SIG) does not officially declare or recognize Bougainvilleans in the country as refugees.
Contributing to this decision may be concern over the governmental fiscal austerity measures currently in place to remedy governmental cash flow problems.
Certainly, once refugees are acknowledged legally, there would be fiscal as well as humanitarian obligations to be met as protocols have been established by international refugee conventions. | 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 has been pointed out, however, that a refugee law would, in all likelihood, reduce current financial expenditures by permitting SIG and others to CRC/C/51/Add.6 page 102 determine who amongst the Bougainvillean population is legitimately entitled to refugee status.
Such a mechanism would eliminate the random, and perhaps inappropriate, delivery of services currently being rendered to all Bougainvilleans including those non-refugees who openly intend to return to Bougainville.
400. | 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 |
400.
Bougainvilleans residing in Solomon Islands are often referred to as “patients”.
They live at Red Cross care centres or with friends and relatives around the country.
The Red Cross provides them with food and arranges for their medical treatment in hospitals.
Churches also provide housing and food.
401.
Bougainvillean children in Solomon Islands are here with their families.
They have come seeking medical attention either for themselves or another family member. | 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 |
Most of them arrive traumatized and badly affected by the conflict.
Red Cross workers have noticed a remarkable difference within individual families between siblings brought over the border and those born in Solomon Islands.
Those who have come from areas of conflict exhibit much more aggressive behaviours.
Current international refugee laws do not address the issue of providing mental health care for these children. | 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 children are in an unfortunate state of parity with Solomon Islands children in that no facilities exist for helping children in Solomon Islands cope with the aftermath of having witnessed or been themselves victims of violence, either psychologically, emotionally or physically.
402.
Solomon Islands Government allows Bougainvillean children living in Solomon Islands to access health and primary education services on the same terms as citizens 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 |
In the case of payment of school fees for children of Bougainvilleans, some of their parents have mobilized their own resources.
Some special funds earmarked for education of refugee children may also be accessed through various international donor organizations.
403.
Attitudes toward Bougainvilleans by Solomon Islanders are not unsympathetic, although there have been statements made to the effect that they are putting health-care services under too much pressure. | 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 |
Opinions have also been offered that they are to blame for rising incidence of crime and drug abuse and that they are stealing jobs from Solomon Islanders, etc.
Politically, however, many Solomon Islanders are sympathetic to the Bougainvillean cause and Papua New Guinea frequently accuses Solomon Islands of “harbouring rebels”, etc.
Undoubtedly, there is a need for public education on the social obligations incurred by offering sanctuary to refugees. | 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, no serious crimes that could result in possible deportation have been committed by Bougainvilleans to date.
This would indicate that, for the most part, Bougainvilleans’ behaviour as a community reflects their own recognition of their status as guests here.
404.
The net effect of the Bougainville “crisis” has had serious results for communities in nearby provinces, especially in Choiseul Bay. | 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 |
Raiding parties of PNG Defence Force soldiers who are seeking “rebels” forced an evacuation of Taro Island during the months of June and July 1996.
The effects of these raids upon these communities are real and have not been quantified.
Since 1992 several Solomon Islanders have been killed in these encounters.
CRC/C/51/Add.6 page 103 405.
Children in Solomon Islands have not become involved in armed conflict so far. | 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 |
Certainly some children’s academic years have been interrupted as whole villages have sometimes moved inland away from the areas of incursion.
The cessation of school in some affected communities has certainly had a negative effect on the education of some Solomon Islanders.
406.
Late in 1997, a three-day seminar covering the introduction of International Refugee and Humanitarian Law was given to Ministry of Police personnel.
It emphasized special applications for border patrol 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 |
According to a news article, the seminar was organized in response to the need for the Police to identify and categorize “border-crossers” with the aim of producing a document to “blue-print” future defensive operational procedures in border areas. | 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 article quoted the Commissioner of Police as saying, “the police have been accused of harbouring and suffered military attack as a consequence, or [were] criticized when they failed to act against those entering the country’s territory.” In his speech, the Commissioner called attention to a variety of reasons that Bougainvilleans have come across the border into 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 |
They are enumerated here: “some non-combatants who sought medical treatment; some who simply sought refuge from the fighting, those simply wishing to visit a relative or a friend or go shopping for provisions, and those who illegally entered our shores to carry out nefarious acts.”144 UNHCR personnel attended the seminar from Canberra, Australia and representatives of the International Federation of Red Cross and Red Crescent Societies, as well as the general secretary of the Solomon Islands Red Cross.
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 |
3.
Conscription of children 407.
There are no armed forces in Solomon Islands.
Border reconnaissance forces are drawn from the domestic police forces; therefore, there is no conscription for adults or children.
Minimum age for recruitment into the disciplined force is 18 years.
4.
Emergencies due to natural disasters 408.
The National Disaster Council (NDC) is the official body that deals with emergencies such as cyclones, earthquakes, floods, drought, etc. | 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 NDC regularly solicits donations on behalf of the disaster victims from the public via radio bulletins.
However, Solomon Islands Red Cross also administers funds in situations such as these.
There may be a need for improved understanding between these two organizations.
Recent response to providing for needs of Solomon Islanders during the aftermath of cyclones in 1996 have focused concern as to whether the two agencies are able to effectively coordinate relief services. | 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 is a need to avoid duplication of relief efforts in some geographical areas, while others have been overlooked altogether for assistance.
409.
Much suffering has been caused to families in Solomon Islands by cyclones and their aftermath, including lack of shelter, lack of potable water, flooded food gardens, lack of money to pay school fees, etc.
The National Disaster Council negotiates with the Government to waive fees for children whose family livelihood has been destroyed by natural disaster. | 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 |
Basic food supplies and temporary shelter is usually supplied to stricken areas within a reasonable time CRC/C/51/Add.6 page 104 after a disaster.
Rehabilitation takes longer.
Some schools that were destroyed by cyclone Nina in 1993, for example, have been rebuilt but are still operating without furniture or books.
Cyclones, which come with regularity each year, continue to be significant deterrents to development in certain areas of the country, 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 |
Renbel Province and parts of Temotu, Makira and Guadalcanal.
410.
World Bank funds have been made available to the Ministry of Education for rebuilding of schools in the wake of cyclones in 1986 and 1991 in Guadalcanal, Makira and Temotu Provinces.
The European Union and others have assisted other affected areas, e.g.
Renbel Province.
411.
In addition to the effects of cyclones and flooding, parts of the country periodically experience periods of sustained drought. | 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 not clear what degree of food garden loss must be sustained before assistance from either the NDC or other parties is activated.
Diet is certainly affected by such events and children usually suffer the greatest debilitation in such instances, as occurred in neighbouring Papua New Guinea in late 1997.
B.
Children in conflict with the law 1.
Legal context 412.
The Juvenile Offenders Act provides for a separate juvenile court to hear cases involving such offenders. | 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 |
As required under this law, juvenile court sessions are always held in camera.
The juvenile court sessions are to be held in a different location from ordinary sessions or on different days or at different times from ordinary court.
Care should be taken to ensure the young person does not come in contact with offenders over eighteen, as far as circumstances permit, while going to or from court or while waiting before or after the session. | 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 duty of the court to explain the substance of the offence to the child or young person as soon as possible and in simple language.
Questions are to be put to witnesses as appear to be necessary and proper in the interest of the child or young person.
413.
The Juvenile Offenders Act also states the necessity for understanding all the contributing aspects of the young person’s life so a decision may be reached in the best interest of the child or young 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 |
The court may direct a probation officer to prepare and submit such a report.
The court may ask the defendant any questions arising out of the information in the report; or request a special medical examination or observation for the purpose of considering how to deal with the case in the best interests of the child or young person.
The court may from time to time remand the child or young person to be placed on bail or to a place of detention.
2.
Implementation 414. | 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 |
2.
Implementation 414.
The numbers of young males committing crimes over the seven-year period are decreasing and numbers are even lower for females.
(See table 21 below.)
About 85 per cent of these cases occurred in Honiara.
Honiara population increased from 14,942 in 1976 to 30,413 in 1986.145 Unfortunately no recent census data is available for Honiara’s current population figures. | 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 105 Table 21 Criminal offences committed by juveniles, 1990-1996 Sex 1990 1991 1992 1993 1994 1995 1996 Male 123 104 66 79 78 60 43 Female 11 8 2 3 4 0 3 Total 134 112 68 82 82 60 46 Source: Social Welfare Division (1997).
415.
Juvenile court is children’s court.
The magistrate’s court sits a juvenile court once a week.
416. | 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 |
416.
When the police arrest a child or a young person for committing a crime the procedure is as follows: The child or young person is put in a cell at the police station for a period not to exceed 24 hours.
During that period there is an initial interrogation process.146 The offender is then released from the cell and taken to be formally charged with the crime. | 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 statement is then taken “under caution” meaning the offender is not forced to incriminate him/herself but anything said at that time can be used to incriminate him/her in court.
There is then an opportunity for police to question the offender again, this time with the intent of discovering inconsistencies in the original story.
The offender is taken for fingerprinting.
The offender is then advised of the court date and time and that he/she is required to appear or else pay a $500 fine. | 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 this point the offender is either escorted by police to a meeting with the Social Welfare Officer (SWO) or required to find their own way to visit the Social Welfare Officer.
In both cases, the SWO has been advised of the impending meeting and expects the arrival of the offender.
The SWO interviews the offender either in the company of their parents or relatives or alone and identifies him/herself as an advocate for the offender. | 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 |
When this is made known, the element of fear diminishes and an interview follows.
CRC/C/51/Add.6 page 106 A Juvenile Enquiry Report (JER) is then drawn up using the offender’s story and any further background research done by the SWO in the period prior to the offender’s court date.
The report may also include information about the treatment of the offender during their time with the police.
The police then continue with prosecution of the case. | 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 |
During the first hearing the court asks if the SWO is present, if the parent or responsible relative is present, and in a serious case or if the child is 12 years old or less, whether a lawyer is present.
If no lawyer is present, the court adjourns the case until the child sees a public solicitor.
The court clerk expedites this appointment or the SWO can help to arrange the meeting.
At some point in court the child or young person is asked to give a “mitigation statement”. | 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 court offers the offender three options at this point: (a) to say nothing on their own behalf;147 (b) to say something from the “accused box”; (c) to say something from the “witness stand” under oath.
Of these three options, the most weight is given to the statement made under oath.
The court then asks the SWO for his/her report (JER) and any other comments at which point the SWO may emphasize particular aspects of the child or young person to the court, e.g.
first offence or student status. | 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 |
first offence or student status.
The SWO may also recommend particular types of punishment or that the sentence be “bound over” meaning to request that the punishment be suspended unless another crime is committed by the offender. | 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 the case of a repeated offender, the SWO may request a “residential order” from the court permitting the offender to live under supervision in a village setting away from their habitual residence.148 During sentencing hearings the court listens to SWO recommendations, but maintains total authority in its sentencing decisions.
However, if the parents or relatives feel the sentence is inappropriate, they may appeal the case to a higher court. | 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 SWO maintains contact with probation supervisors and requests reports on a regular basis regarding young offenders on probation.
417.
In the case of a juvenile being arrested for a crime in the company of adults, the court and the police are aware that the young person should be held separately from adults.
Often the police will take advantage of this rule to question the young person on details of the crime away from the influence of other offenders. | 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 court, however, may choose to hear the case while the juvenile is in the company of adults, rather than in the situation of in camera court hearings.
It is not clear if juveniles waive their right to separate court hearings solely due to their participation in a crime with the adults.
418.
There has been a police practice of transferring children or young persons, who are only suspects, to a remand cell at Central Prison in Rove before being formally charged. | 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 not consistent with the Juvenile Offenders Act.
During this period, it is also likely that the young person may be housed with a convicted criminal as convenience or space dictates.
These CRC/C/51/Add.6 page 107 practices are not in accord with Juvenile Offenders Act, which states the need for the child or young person to be segregated from adult criminals.
The fact that this practice takes place before the suspect has been charged with any crime seems contrary to the intent of the law. | 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 |
C. Children deprived of freedom 1.
Legal context 419.
Section 3 of the Constitution states that every person in Solomon Islands is entitled to the fundamental rights and freedoms of an individual.
The enjoyment of that right is subject to the respect for the rights and freedoms of others and for the public interest.
420. | 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 |
420.
Section 4 of the Constitution provides that no person shall be deprived of his life intentionally, save in the execution of the sentence of a court in respect of a criminal offence under laws in force in Solomon Islands.
There is no known offence under any law of Solomon Islands catering for capital punishment.
A child above 9 years of age who is convicted of murder attracts the mandatory punishment of life 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 |
Neither the High Court nor the Court of Appeal has a mandate in law to recommend parole.
Life imprisonment for murder is mandatory and unconditional.
Capital punishment is currently not a form of punishment in Solomon Islands.
421.
The Governor General is the only person, acting on behalf of the Head of State (The Queen), who can grant to any person convicted of any offence under the laws of Solomon Islands a pardon, either free or subject to lawful conditions. | 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 |
Any person convicted of murder or any offence can be paroled by the Governor General, acting in accordance with the advice of the Committee on the Prerogative of mercy.
422.
The police, under the laws of Solomon Islands, have wide powers of arrest.
Such arrests can be executed with or without a warrant of arrest being granted by the Magistrates Courts on persons who have committed an offence or who are likely to commit an offence punishable under law. | 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 |
Children and persons under the age of 18 are subject to this law contained in section 5 (1) (f) of the Constitution.
423.
Section 5 (a) of the Juvenile Offenders Act provides for the procedure that the police must follow when dealing with children in custody.
Normally bail is granted by a court; however, in situations where the child cannot be brought before the court, the police must release the child on bail.
424. | 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 |
424.
The child will not be released on bail if “he” is charged or held in connection with a charge of murder.
Also the child will not be released on bail if his release would defeat the ends of justice.
In such cases the law allows for the child’s liberty to be restricted.
425.
Section 92 (4) (a) of the Constitution provides that one of the many functions of the Public Solicitor is to provide legal aid, advice and assistance to any person in need who has been charged with a criminal offence. | 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 child above the age of 9 years who is charged with a criminal offence has access to legal assistance.
CRC/C/51/Add.6 page 108 426.
Section 7 of the Constitution provides that any person, including a child, whose rights or freedoms under the Constitution have been contravened shall be entitled to compensation for the contravention of that right from the person or authority which contravened that right.
427. | 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 |
427.
Section 18 (2) (a) of the Constitution provides that the High Court shall have original jurisdiction to hear and determine any application for compensation made by any person for a contravention of his constitutional rights.
428.
Probation of Offenders Act 1971 provides for a regular report to be made by a probation officer on a probationer for purpose of review of a probation order.
A review may be required for young offenders in prison.
429. | 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 |
429.
The Constitution, the Penal Code, and other relevant legislation safeguard children or individuals from maltreatment, abuse, exploitation, torture, forced labour, inhuman treatment, etc.
430.
Probation of Offenders Act 1971 provides for rehabilitation of offender or probation through supervision by competent authorities, e.g.
Social Welfare Division of the Ministry of Heath and Medical Services.
2.
Constraints on implementation 431. | 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 |
2.
Constraints on implementation 431.
Rove and other state-approved prisons are the only ones where minors are sent for imprisonment.
In 1994, the Social Welfare Division of MHMS recorded that there were four minors sent to prison.
In 1995, there were three.149 At the time of this writing there is one juvenile currently in prison at the maximum-security prison at Rove, serving a four-month term for breaking and entering. | 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 crime was not particularly severe, so the decision to place him in this particular prison seems questionable.
Factors influencing the court’s decision are not immediately available.
Young offenders above the age of 14 may be treated as adults.
432.
Unfortunately the review referred to in the Probation of Offenders Act above (para.
428) is often ignored and not implemented. | 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 |
428) is often ignored and not implemented.
In the absence of an alternative care and treatment facility for young offenders, there is a need for frequent review or supervision by a competent authority other than police or prison authorities.
At present social welfare officers’ visits to prison are strictly limited and subject to prison authority censorship.
433.
Apart from the approved prisons there are no other approved institutions for proper custody of young law offenders. | 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 |
Alternatively, the Probation of Offenders Act 1971 provides for young or adult offenders to be served with probation.
Such offenders shall serve their probation orders outside of the approved prison institution.
Current remodelling taking place at the Rove Prison also caters for a juvenile unit and facilities.
There are also plans for employment of a social worker and minister of religion upon completion of the new facility. | 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 |
Facilities proposed under the new prison system would cater for the needs of young offenders.
Present facilities have the services of a medical doctor and church people visit prisons on a regular basis.
This conflicts with opinion of the Social Welfare Officer (SWO) that inmates are escorted to medical care when there is a complaint and that only first aid facilities exist inside prisons.
CRC/C/51/Add.6 page 109 434. | 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 109 434.
There are no specific rules for treatment of young offenders in prison as there is no separate facility for their detention.
All prisoners detained in Central Prison in Rove are subjected to the same treatment and policies of the prison.
Prison officers monitor conditions and police may go into the prison to investigate.
MHMS Social Welfare Division officers also bear responsibility to monitor treatment of prisoners.
435. | 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 |
435.
The complaint procedure for ill-treatment involves notifying a prison service superior officer who may relay the complaint to a prison committee or directly to the police.
It is unclear how this procedure is implemented.
436.
There are literacy classes, trade and apprenticeship programmes, instruction offered on watch or radio repairs, carpentry, furniture making.
Inmates housed at rural prison sites may also participate in agricultural instruction.
437. | 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 |
437.
At the end of the term of confinement or probation, the SWO maintains an open door policy so there remains an opportunity for the young person to maintain contact with him or her.
This option must provide needed psychological support for the young ex-offender.
438.
There is a need for more information regarding what training prison personnel receive relevant to the provisions of the CRC or other international conventions concerning the treatment of juvenile offenders. | 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 |
Social Welfare is fortunate to have a member on the NACC.
Perhaps a prison representative could be appointed to the NACC or some programmes could be developed for the police academy recruits.
439.
Cabinet endorsed a policy paper on probation services in 1992.
This was an attempt by the Social Welfare Division to improve and expand services. | 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 |
Government supports the idea of community supervision and intervention where the offender is sent back to his/her community to serve a probation order, under the guardianship of a probation officer.
440.
Juvenile and probation services are among several statutory functions provided by the Social Welfare Division of the Ministry of Health and Medical Services.
Recently, a programme of Community Policing was introduced in 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 |
Social Welfare has played an active role both in formulation and implementation of this programme.
441.
The Honiara Urban Youth Committee (UYC), an idea conceived by the Social Welfare Division, was formed in February 1996 to address problems faced by young people in Honiara.
The committee was recognized by the former president and administration of the Honiara Town Council (HTC) and consists of representatives from NGOs, churches and government. | 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 representative of the Honiara Town Council, currently the HTC youth officer, chairs the UYC.
The committee was given political recognition by the president as the political head of the HTC and was mandated by HTC to function and execute its activities.
442.
The Church of Melanesia, in response to an identified need, started the “Street Kids Committee”. | 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 |
Children from a settlement area near the waterfront in Honiara were observed to be living without adult supervision and were becoming involved with adults in various criminal activities.
Some of the members of this committee are the same as those on the Urban Youth Committee; however, there are some that serve with Street Kids who do not serve on Urban CRC/C/51/Add.6 page 110 Youth Committee and vice versa. | 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 has been designated space at the Multipurpose Hall in Honiara for weekly morning sessions with the young people.
Although monies have not been forthcoming, some Honiara Town Council personnel have been dedicated to the programme and it continues largely due to the efforts of a committed group of volunteers and the Church of Melanesia.
The formal proposed programme includes literacy training, bible study, maths, and sports e.g.
basketball and self-defence training. | 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 |
basketball and self-defence training.
The committee meets on an ad hoc basis.
443.
Statistical information (see tables 22-25) below indicates the numbers of cases handled annually by the Social Welfare Division. | 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 |
Table 22 Custody of children, maintenance and separation 1991 1992 1993 1994 1995 22 26 23 25 22 Table 23 Adoption 1991 1992 1993 1994 1995 2 0 1 4 2 Table 24 Divorce 1991 1992 1993 1994 1995 0 3 4 1 0 Table 25 Referrals (including affiliation - single mothers) 1991 1992 1993 1994 1995 30 23 3 3 22 Source: (tables 22-25): Social Welfare Office Annual Records.150 444.
The number of youthful offenders seen by the Social Welfare Division is relatively low (please refer to table 2 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 |
Honiara young people represent almost 85 per cent of the cases.
Delinquent behaviour resulting in criminal activities is largely an urban problem.
Thus it is fair to assume that unemployment, lack of capacity in the formal education system, lack of recreational facilities or programmes for youth, significant numbers of young teenagers who drop out of school, and a lifestyle of idleness are contributing factors to delinquency.
CRC/C/51/Add.6 page 111 D. Exploited children 1. | 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 111 D. Exploited children 1.
Child labour Legal context 445.
Solomon Islands became a member of the International Labour Organization (ILO) in 1985, seven years after independence.
At that time 14 conventions were ratified (see annex 3).
Portions of other ILO conventions or recommendations have also been integrated into this country’s laws over time, without being officially ratified. | 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 |
For example, components of the yet-to-be-ratified Convention, “Fixing the Minimum Age for Admission of Children to Employment at Sea” may have provided guidelines for pertinent sections of labour legislation in Solomon Islands relating to this topic.
Of the 14 conventions ratified to date, 2 deal specifically with children or young people: Medical Examination of Young Persons (SEA) Convention (No. | 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 |
16), 1921 This Convention states the requirement for annual medical examination of any child/young person under 18 on any vessel.
Labour Inspection Convention (No. | 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 |
81), 1947 This Convention affords protection to children working in industrial and commercial sectors of the economy by setting out the following functions of appropriate labour inspection: To secure the enforcement of legal provisions relating to conditions of work and protection of … children and young persons; To supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; To [report] defects or abuses not specifically covered by existing legal provisions (Convention No. | 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 |
81, art.
3).
446.
The Labour Act sets out minimum ages for admission to employment in various sectors of the economy: Section 84 of the Labour Act states, “no children under the age of 12 years shall be employed in any capacity whatsoever.” Exceptions: children employed by or in the company of their parent or guardian in light work or agricultural/domestic or other forms of employment as may be approved by the Minister.
[N.B. | 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 |
[N.B.
Children under 12 are not allowed to work in any capacity in the industrial or commercial sectors.]
CRC/C/51/Add.6 page 112 Section 85 of the Labour Act states, “all persons under 15 are not to work in any industrial undertakings or any branch thereof.” Exceptions: Children employed on training ships (for education purposes) or those types of employment approved by the Minister. | 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 |
[Notable exceptions to section 85 are interpreted to include certain family-owned- and-operated businesses of a industrial nature, e.g.
a bus service, in cases where there is direct supervision of the child by a responsible family member.] | 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 86 of the Labour Act states, “A person under the age of 16 shall not be employed underground in any mine.” Section 87 states that once males attain the age of 16, with medical certification of fitness, they may be employed: Underground in any mine; On any ship within stated limitations; During the night in any industrial undertaking with written permission of the Commissioner.
447. | 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 |
447.
There is apparently no protection in the Labour Act for children or young persons (12 years of age and upward) who work in the commercial sector, e.g.
hotels, restaurants, casinos, hospitals, offices, theatres, etc.
(See endnote 151 under Constraints and recommendations below.)
448. | 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 |
448.
To the extent that children who work are also wage-earners, they are considered by the Labour Division to benefit from any wage and condition legislation which has been enacted to protect adult wage-earners in the workplace.
449.
In the absence of verifiable age documentation, the Labour Act states an employer’s good faith assumption that an employee meets the legal age requirement under the terms of the Act to be a justifiable defence in court.
Implementation 450. | 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 |
Implementation 450.
The Solomon Islands Labour Act states that only an initial medical exam is required by operations employing young people at sea.
Despite the apparent inconsistency in implementing the letter of this convention, present circumstances reveal that no young person below age 18 is known to be employed on any ship (with the possible exception of supervised school-training ships).
CRC/C/51/Add.6 page 113 451. | 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 113 451.
In providing information on penalties and sanctions it is necessary to note that all inspections by the Labour Division are conducted in response to either accidents reported or complaints lodged.
This is essentially a reactive basis for inspection, rather than a proactive one.
This significant limitation has been attributed to lack of funds, lack of personnel and lack of adequate transport. | 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 |