LGBT rights in Solomon Islands
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Lesbian, gay, bisexual, and transgender (LGBT) persons in Solomon Islands face legal challenges not experienced by non-
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...
residents. Male same-sex sexual activity is illegal, punishable by up to 14 years imprisonment, but the law is not enforced.


Legality of same-sex activity

Same-sex sexual activity has been illegal since its criminalisation in the 1880s. Engaging in
anal sex Anal sex or anal intercourse is generally the insertion and thrusting of the erect penis into a person's anus, or anus and rectum, for sexual pleasure.Sepages 270–271for anal sex information, anpage 118for information about the clitoris. ...
or
oral sex Oral sex, sometimes referred to as oral intercourse, is sexual activity involving the stimulation of the genitalia of a person by another person using the mouth (including the lips, tongue, or teeth) and the throat. Cunnilingus is oral sex p ...
with another person, whether heterosexual or homosexual, is punishable by up to 14 years imprisonment under Section 160, Chapter 26 of the Penal Code of
Solomon Islands Solomon Islands is an island country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and north-west of Vanuatu. It has a land area of , and a population of approx. 700,000. Its capit ...
. Attempting anal or oral sex 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 The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other na ...
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 and 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 sexual activity in December 2008, but the move was strongly opposed. The government told the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
in 2011 that it had no intention of decriminalising homosexuality.


Recognition of same-sex relationships

Solomon Islands does not recognise same-sex unions in any form. In 2017, in a speech to a local church group,
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Manasseh Sogavare Manasseh Damukana Sogavare (born 17 January 1955) is the sixth and current Prime Minister of the Solomon Islands, serving since 24 April 2019. He previously held the office in 2000–2001, 2006—2007 and 2014–2017; in all he has served over ni ...
stated his opposition to same-sex marriage. In June 2018,
Governor General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy ...
Frank Kabui Sir Frank Utu Ofagioro Kabui, GCMG, CSI, OBE KStJ (born 20 April 1946) was the Governor General of the Solomon Islands from 7 July 2009 to 7 July 2019. He is also a trained judge, having been his country's first law graduate in 1975, and is a f ...
, while acknowledging the existence of LGBT people in Solomon Islands and stating that "It is not wrong to eborn with gay or lesbian inclination, it is said to be biological and is beyond individual control", reiterated his opposition to same-sex marriage. He condemned any attempt to change the laws, justifying his position with reference to the criminal code that prohibits same-sex sexual activity and to the
Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus ...
on Christian religious grounds.


Discrimination protections

Solomon Islands is currently reforming its Constitution. 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), "sexual orientation" was not put as a prohibited ground of discrimination. As of 2019, the constitutional reform is still in the process.


Summary table


See also

* Human rights in Solomon Islands * LGBT rights in Oceania


References

{{Oceania topic, LGBT rights in Law of the Solomon Islands Human rights in the Solomon Islands
Solomon Islands Solomon Islands is an island country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and north-west of Vanuatu. It has a land area of , and a population of approx. 700,000. Its capit ...
Solomon Islands Solomon Islands is an island country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and north-west of Vanuatu. It has a land area of , and a population of approx. 700,000. Its capit ...