Solomon Islands

3. Fundamental rights and freedoms of the individual

Whereas every person in Solomon Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely:

(a) life, liberty, security of the person and the protection of the law;

5. Protection of right to personal liberty

(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say –

6. Protection from slavery and forced labour

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression "forced labour" does not include –

(a) any labour required in consequence of the sentence or order of a court;

(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;

(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.

7. Protection from inhuman treatment

No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

14. Protection of freedom of movement

(1) No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to move freely throughout Solomon Islands, the right to reside in any part of Solomon Islands, the right to enter Solomon Islands and immunity from expulsion from Solomon Islands.

The Constitution of Solomon Islands 1978 (revised 2009) (PDF)

Article 41. General punishment for misdemeanours

When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both.

Article 143. Child commercial sexual exploitation

(2) A person commits an offence if the person obtains commercial sexual services from a child.

Maximum penalty:

(a) if the child is under 15 years of age – 20 years imprisonment; or

(b) in any other case – 15 years imprisonment.

Article 145. Internal people trafficking

(1) In this section:

“exploitation” includes all forms of sexual exploitation (including sexual servitude), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;

“internal people trafficking”: a person engages in internal people trafficking if the person recruits, transports, harbours or receives another person within the Solomon Islands for the purpose of exploitation.

(2) A person commits an offence if the person engages in internal people trafficking by one or more of the following means:

(a) threats;

(b) use of force or other coercion;

(c) abduction;

(d) fraud;

(e) deception;

(f) abuse of power or of a position of trust;

(g) giving or receiving payments or benefits to obtain the consent of a person who has control over another person.

Maximum penalty:

(a) if the person who is trafficked is a child – 25 years imprisonment; or

(b) in any other case – 20 years imprisonment.

(3) A person commits an offence if the person engages in, or profits from, the exploitation of an internally trafficked person.

Maximum penalty: 15 years imprisonment.

Article 248. Definition of kidnapping and abduction

For the purposes of this Part of this Code-

(a) any person who conveys any person beyond the limits of Solomon Islands without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person; and

(b) any person who by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

Article 251. Kidnapping or abducting in order to subject person to grievous harm, slavery, etc.

Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony, and shall be liable to imprisonment for ten years.

253. Child stealing

Any person who unlawfully, either by force or fraud, leads, or takes away, or decoys or entices away, or detains any child under the age of fourteen years, with intent to deprive any parent, guardian or other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; and any person who with any such intent, receives or harbours any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained, as in this section before mentioned, is guilty of a felony, and shall be liable to imprisonment for seven years:

Provided that no person who shall have claimed in good faith any right to the possession of such child, or is the mother or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof, on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge thereof.

255. Punishment for wrongful Confinement

Whoever wrongfully confines any person is guilty of a misdemeanour and shall be liable to imprisonment for one year or to a fine of four hundred dollars.

256. Unlawful compulsory labour

Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour.

Penal Code (as amended by the Penal Code Amendment (Sexual Offense) Act 2016) (PDF)

Article 70. Definitions

In this Act, unless the contrary intention appears –

“exploitation” includes all forms of sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;

“people trafficking”: a person engages in people trafficking if the person recruits, transports, harbours or receives another person (the trafficked person) for the purposes of exploitation;

Article 76. Offence of people trafficking

(1) A person commits an offence if the person engages in people trafficking by one or more of the following means -

(a) threats;

(b) use of force or other coercion;

(c) abduction;

(d) fraud;

(e) deception;

(f) abuse of power or of a position of trust;

(g) giving or receiving payments or benefits to obtain the consent of a person who has control over another person.

(2) A person who is convicted of an offence under subsection (1) is liable to a fine not exceeding 45,000 penalty units or to imprisonment for a term not exceeding 5 years or, to both.

Article 77. Offence of trafficking in children

A person who engages in people trafficking, by any means, when the trafficked person is aged under 18 commits an offence and is liable on conviction to a fine not exceeding 90,000 penalty units or to imprisonment for a term not exceeding 10 years or, both.

Article 78. Offence of exploiting a trafficked person

A person who engages in, or profits from, the exploitation of a trafficked person commits an offence and is liable on conviction to a fine not exceeding 45,000 penalty units or to imprisonment for a term not exceeding 5 years, or both.

Article 79. Consent of trafficked person is not relevant

For the purpose of sections 76, 77, and 78, it is not a defence that the trafficked person consented to the people trafficking or to the exploitation

Immigration Act 2012 (PDF)

23. Prohibition of certain payments

(1) Subject to the provisions of this section, it shall not be lawful to make or give to any person any payment or reward for or in consideration of –

(a) the adoption by that person of that infant;

(b) the grant by that person of any consent required in connection with the adoption of an infant;

(c) the transfer by that person of the care and possession of an infant with a view to the adoption of the infant; or

(d) the making by that person of arrangements for the adoption of an infant.

(2) Any person who makes or gives, or agrees or offers to make or give, any payment or reward prohibited by this section, or who receives or agrees to receive or attempts to obtain any such reward, shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand dollars or to both, and the court may order any infant in respect of whom the offence was committed to be removed to a place of safety until he can be restored to his parents or guardian or until other arrangements can be made for him.