Solomon Islands

Legal Code Summary

Penal Code, Revies Edition from 1996

Legal Code Text

Section 160 - “Any person who: (a) commits buggery with another person or with an animal; or (b) permits a male person to commit buggery with him or her, shall be guilty of a felony and shall be liable to imprisonment for fourteen years.”

Section 161 - “Any person who attempts to commit any of the offences specified in the last preceding section, or who is guilty of any assault with intent to commit the same, or any indecent assault indecent assaults upon any male person shall be guilty of a felony, and shall be liable to imprisonment for seven years.”

Section 162 - “Any person who, whether in public or private—(a) commits any act of gross indecency with another of the same sex; (b) procures another of the same sex to commit any act of gross indecency; or (c) attempts to procure the commission of any act of gross indecency by persons of the same sex, shall be guilty of a felony and be liable to imprisonment for five years.”

ILGA Analysis & Notes

Although the Solomon Islands accepted Norway’s recommendation to decriminalise same-sex sexual activity between consenting adults in its 1st cycle UPR in May 2011, in the same session it ‘noted’ (rejected) three other recommendations that advised exactly the same thing (from Slovenia, France and Spain). The Working Group report states: “The delegation reported that the cultural context of society did not condone same-sex relationships. Any commitment to removing Penal Code provisions criminalising sexual relations between consenting adults of the same sex must be subject to consultations. However, there had not been any submissions to the Law Reform Commission in their review of the Penal Code to repeal those sections.” In its 2nd cycle UPR, the Solomon Islands’ rejected six recommendations regarding decriminalisation and anti-discrimination legislation inclusive of SOGI. In a cursory response, the delegation responded that much still remained to be achieved with regard to sexual orientation and gender identity, but this would take time, resources and commitment. In 2016, the Equal Rights Trust published a report on discrimination and inequality in the Solomon Islands that includes a section on sexual orientation discrimination (p. 104 onwards). The oppressive environment in which LGB people live in the islands is reflected in testimonies gathered in focus groups. Participants spoke of verbal, physical and sexual abuse in public places and lack of protection from police officers.