FFM Solomon

THE

S TAT U S

ECONOMIC

OF

SOCIAL AND

RIGHTS

IN

THE

M I S S I O N

R E P O R T

S o l o m o n i s l a n d s

MOVING

FORWARD

M A I N TA I N I N G

THE

AND PA S T

C O H R E

T H E S TAT U S O F S O C I A L A N D ECONOMIC RIGHTS IN THE

S o l o m o n i s l a n d s

CO H R E M i s s i o n Re p o r t , J a n u a r y 2 0 0 0

C o n t e n t s 1

Introduction

3

2

Background Information on the Solomon Islands

5

A Geography and Political Overview

5

B Legal System

6

C Economy, Economic Reform and Development

8

3

Overview of the status of Economic, Social and

11

Cultural Rights in the Solomon Islands

4

5

1 Equality

11

2 Work

13

3 An Adequate Standard of Living, Land, Housing and Food

17

4 Health

25

5 Education

29

6 Culture

32

R e c o m m e n d a t i o n s

37

A General Recommendations

37

B Recommendations Pertaining to Specific Rights

38

C Additional Recommendations

42

C o n c l u s i o n s

44

Graphic design: Ontwerpburo Suggestie & illusie, The Netherlands

Print: Primavera, Amsterdam, The Netherlands

Photos: Scott Leckie

1 I n t r o d u c t i o n In January 1999 the Centre on Housing Rights and Evictions (COHRE) carried out a human rights factfinding mission to the Solomon Islands with a view to gathering information on the Government’s compliance with the Covenant on Economic, Social and Cultural Rights. The fact-finding team was comprised of Leilani Farha, Scott Leckie, David Wiseman and Kirsten Young and was coordinated and hosted locally by Casper Fa’asala, Secretary General of the Development Services Exchange (DSE) an NGO headquartered in Honiara, the capital city of the Solomon Islands. DSE is an umbrella organization for approximately 50 NGOs throughout the country. DSE provides a mechanism for disseminating information about the work of member agencies to facilitate the exchange of services and resources among NGOs, government and the community. It also provides training for local workers in the NGO community.

COHRE’s intensive five day mission (14 January - 19 January 1999) focused on the two most densely populated provinces in the Solomon Islands: Guadalcanal and Malaita. It included visits to both rural and urban communities, and meetings with local residents (engaged in subsistence farming, fishing, sustainable logging, paid employment), non-governmental organizations, representatives from women’s organizations, teachers/principals, and government officials from the following Ministries: Home and Cultural Affairs, Foreign Affairs and National Planning and Development as well as a meeting with the Premier of Malaita.

The central aim of the COHRE mission was to gather information regarding the status of economic, social and cultural rights in the Solomon Islands. The Solomon Islands ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1982 but has never submitted a State report on the measures they have taken to fulfil their legal obligations under this treaty. The nonreporting status of the country forms the basis of the Committee’s current consideration of the situation with respect to economic, social and cultural rights.

The COHRE mission came at an interesting point in the socio-economic history of the Solomon Islands. While the Solomons retains many of its traditions or kastom such as bride compensation,

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

3

subsistence farming and the use of shell money for trade, the government is gearing up to implement a structural adjustment, reform and development programme to meet the loan conditions of the World Bank, Asian Development Bank and IMF. In fact, on the concluding day of the COHRE mission, the national government released a draft of its Medium Term Development Strategy (MTDS) for 1999 - 2001.

The coincidence of COHRE’s mission with the release of the MTDS is significant in two fundamental ways. On the one hand, it indicates that assessments of the extent to which a country is observing its obligations under the ICESCR cannot ignore the level of economic development and available resources of the country. Although it is well understood that the equality dimensions of the rights guaranteed by the ICESCR are not resource dependent, the extent to which each of the rights is enjoyed by a country’s people does, in some very important respects, depend upon that country’s level of available resources and its socio-economic systems of access and distribution. Consequently, all countries have a legitimate interest in directing public policy towards economic growth and development, which may include initiatives designed to reduce government debt and increase foreign investment.

However, and secondly, it must be noted that in the course of such growth and development, many people, particularly women, can be politically, socially, economically and culturally dispossessed and the socio-cultural fabric that has previously sustained many people can be irretrievably torn.

Despite such growth and development, inequalities in the enjoyment of the rights guaranteed by the ICESCR can be increased, with the position of many people being made far worse. Consequently, all countries have an overriding obligation to ensure that any public policy directed towards economic growth and development is motivated by, and results in, the equal enjoyment of the rights guaranteed by the ICESCR. COHRE is particularly concerned that while the Solomon Islands’ Government, with its MTDS, is committed to pursuing economic growth and development, and in particular to pursuing a reduction of its debt and an increase in foreign investment, it is not equally committed to ensuring that the MTDS play a promotional role with regard to respecting, protecting and fulfilling the economic, social and cultural rights of all Solomon Islanders.

Consequently, COHRE believes that the Committee on Economic, Social and Cultural Rights should pay particular attention to the MTDS in its review of the Solomon Islands. COHRE believes that the Committee on Economic, Social and Cultural Rights can play an important role in ensuring that the Solomon Islands addresses its debt burden and development plans in a manner consistent with the Covenant. COHRE urges the Committee to adopt Concluding Observations which ensure this. A failure to do so will run the real risk that the Solomon Islands will be altered irrevocably with the State’s emphasis on development eroding the customs and traditions which have made subsistence a viable economic, social and cultural reality for many Solomon Islanders.

This report provides a preliminary overview of the status of economic, social and cultural rights in the Solomon Islands, considers the extent to which that status is addressed in the MTDS and concludes with recommendations as to how these rights could be better respected, protected, promoted and fulfilled, all of which COHRE asks the Committee to consider in drafting its concluding observations on the Solomon Islands.

4

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

2 B a c k g r o u n d I n f o r m a t i o n S o l o m o n

o n

t h e

I s l a n d s

A Geography and Political Overview The Solomon Islands has a population of 400,000 people and is comprised of nine provinces and 992 Islands - 347 of which are populated - spread out over 1.35 million square kilometres of sea with a total land area of close to 30,000 square kilometres. Approximately 79% of the Solomons is made up of rainforest, though this figure used to be closer to 90%, the reduction resulting from the logging industry which flourished with State sanction from the mid 1980s well into the 1990s. The Solomon Islands gained its independence from Britain in 1978. It is a parliamentary democracy with a unicameral legislative assembly comprised of a 47 seat Parliament in Honiara. The British Crown, as leader of the Commonwealth, is head of state with the Governor General, Moses Pitakaka, chosen by Parliament, acting as the monarch’s representative. There are currently three levels of government: Federal, Provincial and Municipal.

In August 1997 a new “reform-minded” government took power under Prime Minister Bartholomew Ulufa’alu who replaced Solomon Mamaloni who had held power for the previous ten years1.

Mamaloni’s government was characterized by recurrent budget deficits and excessive expenditures oriented to government salaries rather than overall social and economic development. As government debt increased externally and internally, it became more difficult for the local private sector to access domestic credit. By the end of 1997 the Solomon Islands was for all intents and purposes insolvent, having reached the legal limit on borrowing from the Central Bank and having defaulted on its external debt servicing.

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

5

The new government, the Solomon Islands Alliance for Change (SIAC) has put into place an extensive programme of reform, the “Policy and Structural Reform Programme” (PSRP), endorsed by the ADB, IMF and the World Bank. This is a four-pillared programme which includes (i) downsizing of the public sector; (ii) privatizing industries such as telecommunications and Solomon Islands Plantations; (iii) good governance (going from a three tiered governmental system to a two tiered system) and (iv) macro-economic policies (which satisfy ADB, World Bank, IMF loan conditions). Various aspects of the PSRP, which includes the MTDS, are discussed further in the next section.

Beyond Government, the Church has considerable influence in many aspects of life. It is an important political force and has played a vital role in the provision of medical and educational services.

More than 90% of Islanders are Christians most belonging to five churches: The Church of Melanesia, Roman Catholic Church, South Sea Evangelical Church, United Church and the Seventh Day Adventists.

B Legal System I n te r n a t i o na l L a w

1. The government of the Solomon Islands has ratified the following international human rights instruments: International Covenant on Economic, Social and Cultural Rights International Convention on the Elimination of All Forms of Racial Discrimination Convention on the Rights of the Child Convention Relating to the Status of Refugees The COHRE fact-finding team was told that the Government is considering signing and ratifying the Convention on the Elimination of All Forms of Discrimination Against Women.2 2. Upon visiting the Ministry of Foreign Affairs, the COHRE fact-finding team learned that there is currently no government officer responsible for the Government’s obligations with respect to international treaties such as the ICESCR. The person who had been in charge under the previous government was no longer employed at the Ministry. When asked if this position is likely to be filled by someone in the future, the officers were not optimistic, especially given the recent cutbacks and downsizing of the public service as part of the Government’s reform package.3 3. Government officials with whom COHRE met in the Ministry of Foreign Affairs were completely unaware of the government’s reporting obligations under the ICESCR.4 4. It is difficult to see how the Government could be meeting its legal obligations under the ICESCR if the Ministry responsible for international law is unaware of the content and meaning of its international legal obligations.

6

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

Domestic Law

5. Human rights legislation is found in Chapter II of the Constitution which includes the “Protection of Fundamental Rights and Freedoms of the Individual” codifying the following rights and freedoms: life; liberty; protection from slavery and forced labour; protection from inhuman treatment; protection from deprivation of property; protection for the privacy of the home and other property; provision to secure protection of law; freedom of conscience; freedom of expression; freedom of assembly and association; freedom of movement; and freedom from discrimination on the grounds of race, place of origin, political opinions, colour, creed or sex.5 6. The Constitution is the Supreme Law of the Solomon Islands and if any other law is inconsistent with the constitution, that other law shall, to the extent of the inconsistency, be void. Next to the Constitution, legislation passed by Parliament has supremacy, followed by customary law. A number of statutes provide for recognition and application of custom in specific areas such as the Marriage Act and the Divorce Act. 7. The Judiciary is comprised of the High Court, the Court of Appeal, Magistrate’s Court, Local Court and the Customary Land Appeal Court.

8. The High Court has unlimited jurisdiction and can hear appeals from all subordinate courts. Constitutional questions which arise in lower courts are sent to the High Court for its interpretation. The High Court is comprised of one Chief Justice.

9. The Court of Appeal hears appeals from the High Court in both civil and criminal matters and is comprised of 3 judges (from countries other than the Solomon Islands).

10. The Magistrate’s Court, Local Court and Customary Land Appeal Court are all subordinate to the High Court and Court of Appeal. The Magistrate’s Court deals with criminal and civil matters including landlord and tenant matters. They do not have the power to hear appeals from Local Courts.

Local Courts are presided over by 3 judges with knowledge of customary law as they have exclusive and original jurisdiction over customary land matters and can hear all customary law cases. The Local Courts also have jurisdiction over simple offences. The Customary Land Appeal Court hears appeals from local courts on customary land matters and from Area Councils on timber rights permits. They are presided over by at least 4 members of the community sitting with a person with legal training as clerk. The Land Appeal Courts observe the rules of independent tribunals. Appeals from this body go to the High Court but grounds of appeal cannot be on points of customary law.

11. Beyond the High Court, which is responsible for hearing Constitutional cases, and an Ombudsman responsible for investigating public complaints against national and provincial government bodies, there is no domestic human rights body or commission to protect, enforce or monitor the status of human rights in the Solomon Islands. To date, this role has been left to NGOs and has largely focused on children’s rights and domestic violence as a women’s human rights issue.

12. There is a paucity of trained lawyers, with the public prosecutors office as well as the judiciary largely staffed with non-nationals from neighbouring countries such as Australia and New Zealand.6

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

7

C Economy, Economic Reform and Development 13. The country’s main natural resources are its trees (yielding fruits and logs) and its fisheries (tuna). The Solomons has allowed these prime assets to be primarily exploited by foreign companies who pay the government low taxes, and sometimes no taxes, and who take most of the profits abroad, leaving few benefits for Solomon Islanders. For example, COHRE learned that Japanese tuna companies earn millions of dollars from the waters of the Solomons and yet apparently report no annual profits and thus contribute no corporate income taxes to the economy.7 14. Other resources and industries being developed in the Solomon Islands include beef cattle, oil palms, cocoa and spices. There are also mineral deposits of bauxite, phosphates, gold, silver, copper, manganese and nickel.8 15. The forestry sector has been the source of up to 40% of government earnings. Between 1990 1997 there was a 50% increase in log exports, leading to fears that the resource was being carried out at two or three times the sustainable level. At the same time, the government was not receiving the revenue it might have expected on wood sold abroad. Reform of the forestry industry is particularly sensitive because of opposition, from those with vested interests, to any attempts to reduce the amount of tree-felling.9 16. Though rich in natural resources, the Solomon Islands has been unable to achieve an annual growth rate which is significantly higher than the 3.5 % per annum increase in the population.10 17. The economic stability of the Solomon Islands has been shaken over the last few years by a number of factors: (i) Preceding governments were fiscally irresponsible. In particular, there were recurrent budget deficits, fuelled by excessive government expenditures, especially on salaries and benefits for public sector employees. This drove up the levels of government debt, both domestic and external, and made it difficult for the local private sector to access domestic credit. Relations with donors deteriorated as the government defaulted on its external debt servicing;

8

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

(ii) The Asian economic crisis led to a downturn in logging and fishing industries, which is mainly run by and for the Asian market; (iii) Due to the fiscal irresponsibility of preceding governments, the Solomon Islands has a large debt that must be paid off as a result of loan agreements with domestic banks as well as with the ADB, IMF and the World Bank.11 18. Government revenue has failed to keep up with the increase in recurrent expenditure. The Government domestic debt increased from $83 million in 1990 to $392 million in 1997. External debt rose from $252 million in 1991 to $508 million in 1997. In mid-1997 the market for log exports crashed as a consequence of the Asian financial crisis, which forced the Government to suspend the servicing of its domestic and foreign debt.12 19. There is an obvious need to effectively address the debt situation. COHRE notes, however, that the present status of economic, social and cultural rights in the Solomon Islands is not wholly attributable to a historically based lack of resources, but can also be linked to Government corruption, incompetence with respect to implementing simple development projects, such as installing stand pipes in Kakabona, a village just outside of Honiara, and government sanctioned tax breaks for foreign corporations.

20. To address the economic instability, the coalition government has developed a Medium Term Development Strategy (MTDS) and the Public Sector Investment Programme (PSRP). The MTDS and PSRP are classic structural adjustment programmes and are thus characterized by a focus on debt reduction and development plans which, according to the government’s report, will be accomplished through the following mechanisms: (i) creating a leaner public sector by reducing public expenditure, improving revenue collection and taxation, using a more integrated budgetary planning approach and management and ensuring that responsibility for debt servicing is honoured; (ii) reform of the public service which will be closely co-ordinated with the austerity measures in the fiscal sector. This will inevitably lead to further lay-offs. Further streamlining and redeployment will be carried out to improve productivity and efficiency in the delivery of government services. Some areas of government operation will be privatized or corporatized; (iii) the privatisation of state-owned enterprises (SOEs) as a means of increasing competitiveness and efficiency; (iv) providing incentives for foreign and domestic investors such as simplifying licensing and administrative procedures, improving investor access to land and increasing the skills of the workforce.13 21. To accomplish this the Government has identified several sectors in which these reforms will take place: (a) Human Resource Development: Education, Health, Women and Youth, Community and Rural Development; (b) Physical Infrastructure: Transport Communication, Water Supply and Sanitation, Energy; (c) Natural Resource Development and Environment: Agriculture and Forestry,

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

9

Fisheries, Mining and Minerals, Environment; (d) Commerce, Industry and Finance: Tourism, Commerce and Small Business, Industry, Trade and Marketing.14 22. It is important to note that although the Government identifies health and education as two sectors requiring reform and development, in its present form the MTDS does not include any specific references to economic, social and cultural rights as objectives or guiding principles of this reform and development.

23. These reform policies and strategies, as currently structured, do not meet the Government’s legal obligations under the ICESCR, in particular its obligations with respect to Article 2(2) and 3, the right to be free from discrimination and women’s rights to equality; Article 11(1) the right to an adequate standard of living including food, clothing and housing; Article 12 the right to health; Article 13 the right to education and Article 15, the right to culture.

24. The following section of this report provides an overview of the current status of these rights in the Solomons, followed by a review of how the MTDS does and does not improve the status of these rights.

1

Mamaloni was in power for 10 years save for a 17 month period when he was defeated by Francis Hilly.

Hilly was brought down largely by the powerful logging lobby.

2

UNDP, Human Development Report 1998 [hereinafter UNDP, HDR 1998].

COHRE, Fact Finding Mission, 19 January 1999, Interview with Mr. Haikiu, Secretary for Ministry of Home and Cultural Affairs. [hereinafter, COHRE FFM].

3

COHRE FFM, 19 January 1999, Interview with Mr. S. Fifii from the Ministry of Foreign Affairs.

4

COHRE FFM, January 1999, Interview with officials from the Ministry of Foreign Affairs.

5

The Constitution of Solomon Islands, Chapter II.

6

Pars. 6-11: Michael Ntumy edt., South Pacific Islands Legal Systems at Ch. 10 (Univ of Hawaii Press, 1993) [hereinafter, M. Ntumy].

COHRE FFM.

7

COHRE FFM, Conversation with Casper Fa’asala and local NGO, 18, 19 January 1999.

The Courier, Country Report: Solomon Islands at 51 [hereinafter, The Courier].

8

COHRE FFM.

9

The Courier, at 51.

10 Australian International Development Assistance Bureau, The Solomon Islands Economy: Prospects for Stabilisation and Sustainable Growth (November 1991) at p.21.

11 The Courier, at 51 -53.

COHRE FFM, Interview with official from Ministry of National Planning and Development, 19 January 1999.

12 Solomon Islands Government, Draft Medium Term Development Strategy 1999-2001 (January 1999) at 6 [hereinafter, MTDS].

13 MTDS, at xvi-xix.

14 MTDS, at pp. xix-xxiv.

10

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

3 O v e r v i e w S t a t u s

o f

t h e

o f S o c i a l ,

E c o n o m i c C u l t u r a l

a n d R i g h t s

t h e S o l o m o n

i n

I s l a n d s

1 Equality Article 2(2) of the ICESCR states:

The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 3 of the ICESCR states:

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

11

T h e Fa c t s

25. The COHRE fact-finding team discovered that the status of women within the Solomon Islands is complex. On the one hand, in some ways, women are accorded value and respect within Solomon society; on the other hand, in many ways, they are subject to patriarchy and are accorded subordinate status to men. For example, there is a tradition of matrilineal land descent throughout the Solomons whereby women own the land and are considered esteemed and influential members within a clan. Despite this status, however, women cannot be clan leaders or chiefs and only exercise their authority and leadership through a male clan member. Similarly, the tradition of bride compensation - where a man pays a sum of money to his bride’s family to compensate them for the economic loss they will suffer once their daughter leaves the household - acknowledges the social and economic value of women while simultaneously providing men with the justification to treat the women to whom they are married as personal property.

26. Ultimately, despite matrilineal land descent and the value accorded women through bride compensation, women have a relatively low status in Solomon society. The fact-finding mission also learned that though women often carry a triple burden as primary care givers, income earners and active members of their broader communities, women in the Solomon Islands are inadequately represented in public life.

27. Currently there is only one woman in the legislature, women cannot be chiefs or leaders of villages and women’s concerns and opinions regarding village life often are ignored at village meetings.1 28. The patriarchal base throughout the country has resulted in a sharp public-private dichotomy whereby women are confined to the home and garden (private realm) while men interact with the outside world (public realm). Since education, health and labour force participation all fall within the public realm, women and girls face particular inequality and obstacles in the realization of their rights in those areas. Moreover, as the Solomon Islands goes through social, economic and cultural changes, women’s rights to an adequate standard of living, to adequate food and housing, are increasingly challenged. The barriers and inequality women face with respect to education, health, food and housing are reviewed more fully elsewhere in this document.2 Government Response

29. The COHRE fact-finding mission did learn of some positive steps that the Government has taken with respect to addressing women’s inequality and disadvantaged status within Solomon society. The cabinet recently adopted the “Solomon Islands National Women’s Policy” which, according to the Medium Term Development Strategy, the government intends to adopt as its official policy on women.

It is unclear when and how this policy will be implemented. Additionally, the representatives with whom we spoke at the Ministry of Home and Cultural Affairs indicated that if Solomon Island women “keep their fingers crossed”, the government may ratify the Convention on the Elimination of Discrimination Against Women.3

12

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

30. While the focus on women as an economic resource may have positive results such as the further inclusion of women in the public sector, this focus neglects the many roles women play in economic and social life and precludes an analysis and understanding of the diverse needs and rights of women.

2 WORK Article 6 of the ICESCR states:

1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 7 of the ICESCR states in part:

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, at a minimum, with: (i) Fair wages and equal remuneration for work of equal value without distinction of any kind in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions; ....

31. The Solomon Islands is primarily a rural and subsistence economy with approximately 70% of the population engaged in non-monetary work in the villages.4 32. In 1996 only 34,000 Solomon Islanders were formally employed in full or part-time work. At that time, the public sector accounted for 32% of wage employment while the private sector accounted for the remaining two-thirds. Within the private sector, 26% were employed in financial services and trade; 26% in the primary sector which includes agriculture, fisheries and forestry and 16% in the secondary sector including manufacturing and construction.5 33. Almost half of all jobs in the country are located in Honiara. The monetized wage sector is dominated by young people with little or no education. About half are less than 30 years old, many having received no education at all or only primary education.6

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

13

34. Little is known about the income of the population working outside of the formal wage sector. It is believed that the income of smallholder producers in the rural sector has been stagnating while costs have been rising.7 35. According to the Government, it is estimated that there are approximately 7,500 young men and women entering the labour force each year, whereby a maximum of only 1200 jobs are created each year, with a mere 500 created in the cash economy. This means that a large number of job seekers are either unemployed or are absorbed by the rural economy and the informal sector. 8 36. The COHRE fact-finding team learned that there are a growing number of unemployed, disenfranchised youth in Honiara on Guadalcanal province. These youth have formed a liberation army which has engaged in violent activities directed against Malaitans who are seen to be controlling or taking over Guadalcanal. At the end of 1998 violence erupted in one settlement resulting in a death. During the COHRE fact-finding mission we witnessed a large, angry demonstration outside a courthouse related to these tensions.9 37. At the time of COHRE’s mission to the Solomon Islands, the public service sector had been downsized by 7%, rendering close to 550 people unemployed. As women are in the lower echelons of the public service they are likely to be particularly effected by public service retrenchment. The government’s policy to right-size - as the Prime Minister refers to it - the public sector was due to the fact that it was not functioning effectively and/or efficiently. Reforming the public sector has also involved wage and recruitment freezes, and a reduction on government spending allowances. According to the Government’s MTDS more lay-offs for public service workers are on the horizon as further “streamlining” and the “privatization and corporatisation of state owned enterprises” takes place.10 G e n d e r D i m e n s i o ns

38. In 1995 women comprised 46% of the workforce, representing only a 1% increase since 1970.11 39. The employment opportunities which have opened up for women are in traditionally female dominated or pink collar sectors such as education and health in the public sector, tobacco and clothing in the manufacturing sector, and in the service sectors of food, beverages, retail trade, and financial and business services.12 40. Information from UNDP indicates that between 1992-1996 women comprised just 3% of administrators and managers and 27% of professional and technical workers.13 41. Women’s limited access to education and training disadvantage them in the labour market. For example, in Honiara, more than 60% of female labour is concentrated in clerical and sales work; only a few women hold senior management positions and women are often paid less than their male counterparts, a practice ostensibly related to their generally lower level of education.

14

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

42. Women do, however, play a significant role in the export sector. Almost 35% of the workers were women in the palm oil, cocoa and coconut plantations in the province of Guadalcanal. Approximately 500 women work in the tuna fish cannery in Western Province. Although little information exists on their working conditions, anecdotal evidence suggests that the conditions are tough.

43. Women’s role in the informal sector and self employment is growing. Between 1976 and 1986 female self employment grew at a rate of 9.4% per annum, faster than the male rate of 5.5%. A survey conducted by a local agency and the International Labour Organization (ILO) in 1991 showed that 67% of the 323 women interviewed were self employed. Almost half of the women interviewed had no or very little education and more than 80% of the women received no assistance in starting their income generating activity. The Development Bank of the Solomon Islands reports that of the 700 loans it dispersed only 10 were for women.

44. Self employment is an important economic activity in many households but women are handicapped by their illiteracy and limited access to resources such as credit and marketing facilities. 14 G o v e r n m e n t R e s p o ns e

45. The Solomon Islands does have legislation governing employment related matters such as the Unfair Dismissal Act (1982), the Employment Act (1981), the Safety at Work Act (1981), and the Workmen’s Compensation Act. There is also legislation pertaining to the establishment and regulation of Trade Unions as well as for the settling of trade disputes. These are, respectively, the Trade Unions Act, and the Trade Dispute Act (1981).15 46. COHRE did not receive any information as to the status of the above cited laws. COHRE was also unable to access precise information on working conditions in the canneries and other wage labour sectors.

47. The Government’s MTDS provides some insights into where the Government is heading with respect to employment/work and related matters, for at the heart of the Government’s reform plan is private sector development.

48. The Government indicates that it plans to enhance education and health facilities as a means of improving the abilities and skills of the workforce. 16 49. The MTDS stipulates that the objective of the Industrial Division under the Ministry of Commerce, Employment and Tourism is to encourage and promote Indigenous Solomon Islanders’ participation in small to medium scale industrial activities, especially in areas where they have natural talents such as agro-forestry, handicraft, fisheries development, food processing and cottage industries. To do this, the Government intends to provide both business and technical training capacity to potential and existing local entrepreneurs. A Small Business Training Centre has already been established under the New Zealand Overseas Development Aid programme.17

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

15

50. As mentioned above, one of the four pillars of reform under the SIAC government is right-sizing the public service. According to the Government, public sector employees terminated under this pillar of reform are entitled to separation payments and counselling and training services to enable a smooth transition into either paid jobs or self-employment in the private sector. A Transition Service Unit has been established to implement these actions.18 51. COHRE was unable to verify whether this Transition Service Unit had been established and whether it was functioning effectively. We were also unable to verify whether separation agreements had been upheld and whether smooth transitions from the public sector to the private sector were indeed taking place.

52. In recognition of the unrest being caused by unemployment, landlessness and poverty COHRE learned that the Government intends to strengthen its police force. No doubt the police have an important role to play in maintaining the peace, but it is essential that the Government also take steps to address the structural problems at the root of inter-provincial violence.

53. The MTDS does not indicate whether the Government intends to develop a loan scheme accessible to low income groups, particularly women, to encourage and assist self-employment.

54. COHRE is concerned that the Government has not introduced or discussed adequate measures and concrete activities to create a sufficient number of new jobs or opportunities to absorb the 7,500 people entering the labour market each year, as well as to accommodate the newly retrenched public service workers.

55. COHRE notes, however, that the Government has laid out modest steps it intends to take to encourage Solomon Islanders to return to subsistence farming, (which the Prime Minister has indicated may be necessary during this period of reform). For example, the MTDS indicates that the Government hopes to discourage rural-urban migration through the promotion of development programmes and projects in places of origin.19

16

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

56. COHRE is also concerned that the MTDS fails to include provisions which directly address gender bias against women within both the formal and informal employment sectors such as the need to address barriers women face in accessing credit and loans as well as the need to ensure that more managerial positions are occupied by women.

3 An Adequate Standard of Living, Land, Housing and Food Article 11 of the ICESCR states in part:

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent. ....

A A n A d e q u a te S ta n d a rd o f L i v i n g T h e Fa c t s

57. The Solomon Islands has no specific welfare legislation or formalized welfare system.

58. The essence of social identity in the Solomons is the relationship with ones relatives and wantoks (pidgin for one talk or someone who speaks the same dialect). In Melanesian terms, all people from the same settlement are wantoks because of the communal nature of village land ownership and the ethic of sharing goods and property between relations. The wantok is not just a kinship but is also a social security system, acting as a fall back to the formal economy for those in need.20 59. As economic and social conditions shift to an urban, monetized economy, and as rural-urban migration increases, the values and norms which created the wantok system are being eroded and the traditional social security system is deteriorating. As one Solomon Islander told us, an islander who manages to find a good job in Honiara can become beset with wantoks who, upon arriving in the city have neither money nor jobs, and expect shelter and food. This places a heavy burden on the wantok system, particularly on women who are responsible for feeding and looking after their village relatives. In turn, when the burden becomes too much to bear, families are having to ask their relatives to leave.21 G o v e r n m e n t R e s p o ns e

60. Based on the information COHRE received, the Government does not intend to introduce a formal welfare or social security system, except to provide rent subsidies to those in need (see section below on housing).

61. According to the MTDS, the Government plans to assist in sustaining and strengthening wantoks by developing appropriate policies that promote development and support of rural areas and by encouraging social and cultural interactions. 22

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

17

B Land and Housing Land

Land is life for Solomon Islanders.23 T h e Fa c t s

62. Approximately 90% of the land in the Solomon Islands is held under customary land tenure. This means that the land belongs to the community; neither the government nor expatriates may own it.

Community members have the right to use the land but not to individual ownership. The right to use the land comes from membership of a line, tribe or clan descended from the first people to settle the land. Land rights are passed from generation to generation through either matrilineal or patrilineal descent. The remaining 10% of the land is registered land, with the government owning approximately half and custom owners the other half.24 63. COHRE learned that there are an increasing number of land disputes regarding customary land as a result of population increases on particular lands, rural-urban migration and increases in land values due to urban development and commercial use.

The increase in inter-district and inter-provincial migration means that many people live in areas where they cannot claim land affiliation or rights to land, which then leads to land disputes. As mentioned above, there has been unrest between residents of Guadalcanal and Malaitan migrants to Guadalcanal. While the tensions between these groups are currently not extreme, there is the possibility that these tensions and violence will escalate if the structural causes of the disputes are not deal with.

64. COHRE was also informed that in several instances village Chiefs had been wooed, coerced and conned by foreign logging and mining companies into selling their rights to their land, without the consent of the entire clan or village. Naturally, this has led to internal clan conflicts and even litigation. 25 65. There is currently a controversy in the country regarding land registration. The fact- finding team was told by the Secretary to the Minister for National Planning that one of the Asian Development Bank (ADB) loan conditions was that all genealogies, land boundaries and customary land systems need to be recorded and registered. In keeping with this condition, the government is pursuing customary land recording.26 66. Representatives of civil society including NGOs and village leaders fear that this system is an imposition of white man’s laws on an indigenous population, that it will only accommodate individual ownership and not communal ownership and that it will result in the loss of title to their lands.27 G e n d e r D i m e n s i o ns

67. The majority of the people in the Solomon Islands have matrilineal descent which means ancestry is traced through the female line and women control the land. In patrilineal communities women

18

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

retain the right to work on their own descent group’s land. In either system children have the right to use land belonging to both the mother’s and father’s side.28 68. Access to land and particularly women’s access to food gardens are essential to the self-sufficiency of subsistence farming. Women’s rights and access to land for garden cultivation have long been a salient feature of Solomon Island culture. Maintenance of such land rights is now emerging as an important issue in parts of the country. COHRE was told repeatedly that women are finding it increasingly difficult to garden, having to walk long distances to find suitable land. This is because the best and most accessible land is being sold for cash crops. In turn, cash cropping can cause the displacement of food gardens onto marginal land, resulting in a reduction in yields, and an increased workload for women.29 G o v e r n m e n t R e s p o ns e

69. According the MTDS it appears that customary land tenure will be threatened as the Government attempts to open the Solomons to further development. The MTDS states clearly as a central goal: ... increasing the accessibility of land for commercial and urban development. According to the government’s Strategy, the means by which this objective will be achieved are as follows: (i) implementing the Customary Lands Recording Act; (ii) reviewing and revising the present Land Titles Act and (iii) establishing machinery to make it easier to obtain customary land for commercial use and urban development.30 70. Moreover, the Government states that to develop tourism in the Solomons will require overcoming a number of constraints including customary land tenure. It then suggests under Policy Actions that it will work toward easing the impediments concerning access to land.31 71. Unfortunately, the MTDS does not provide details regarding how the Government intends to make it easier for developers to obtain customary land. Regardless of the machinery developed to do so, it is clear that this does not bode well for the Solomon Islanders and, if implemented, could have a devastating effect on the everyday lives of Islanders and their descendants. Families and villages have been traditionally self-sufficient with each family growing their own food and building their own houses; this self-sufficiency is dependent on access to land. And so increasing the access of the private sector to customary land not only could result in the deprivation of the right to an adequate standard of living, including adequate housing and food for many Islanders, it could destroy the basis of life and social organization in the Solomons the very base of which is kinship and land.

C Housing T h e Fa c t s

72. Approximately 86% of the population live in rural villages. According to a 1996 survey there are about 4,174 villages and 52,400 households with an average household size of 5.6 persons. The average number of persons per village is 71. Malaita, Guadalcanal and Western Provinces account for close to 70% of the rural population. More than half the villages in the country are situated on the coast. About one-third are bush villages with no direct access to the coast.32

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

19

73. In rural areas most Solomon Islanders live in traditional leaf houses which are constructed from logs, bamboo, loya cane, sago-palm leaves and rough-cut rainforest timbers. The average house lasts for 6 - 7 years. Within every village or community there are many people with the skills necessary to repair and build these traditional houses. In turn, most rural villagers are adequately housed.33 74. Unfortunately, in areas where logging has been prominent, villagers are finding it difficult to access the sago-palm leaves and other natural materials necessary to build their homes. In many areas they are having to walk increasingly long distances to reach suitable sago-palms. Where traditional natural materials are no longer available to build houses, Islanders are compelled to use nonnatural alternatives, such as nylon rope. To access such non-natural resources requires money, which, as predominantly subsistence farmers, many Islanders do not have. Islanders fear that with more clear-cutting and logging this situation will get worse and housing will quickly become costly and ultimately unaffordable.34 75. Because the Solomon Islands is in a cyclone zone, many Islanders would like to fortify their homes with roofing irons and other cyclone resistant materials, however, these types of materials are costly. In the face of a cyclone, many Solomon Islanders will lose their homes. If logging continues to whittle away the availability of natural resources, rebuilding houses will be costly, requiring the purchasing of non-natural materials. In turn, a cyclone could precipitate a housing crisis in the Solomons.35 76. Traditionally, homelessness has not been a major problem amongst the adult population in the Solomon Islands because of the wantok system which requires that you always help members of your clan or tribe. This includes helping them build their house and providing them with shelter and food when they are without.36 77. COHRE is concerned, however, that as the wantok system breaks down, and as rural-urban migration increases, homelessness will become a problem in the Solomon Islands.

78. COHRE received a brief report from the church-based Sister’s Mission to Women and Children that has been working with children in the Solomon Islands for the past 20 years. The report indicates that there is a homeless population in the Solomon Islands, particularly in Honiara, comprised predominantly of children and youth. The report suggests that these children and youth are homeless having fled violence, including sexual violence, within their homes. It is further suggested that at least some of the homeless population - boys and girls - have turned to prostitution as a means of survival.37 79. Honiara is already feeling the impact of rural-urban migration where there is now a severe shortage of urban housing, high rents, a lack of affordable housing designed for lower income groups and a shortage of land and infrastructure. In Honiara, the Traditional Housing Areas and peri-urban areas are the most disadvantaged. In 1986 it was estimated that 30% of Honiara’s population lived in these areas in overcrowded, temporary housing without access to services and security of tenure.

The number of people living there is rapidly growing. According to UNICEF, they have far less education, higher rates of unemployment and higher morbidity rates. 38

20

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

80. Moreover, the availability and quality of water in Honiara is unreliable with risks of water-borne diseases being very high. Additionally, the sewer system in the capital city is poorly designed and covers only part of the urban limits. Sewer outfalls, now located in densely populated areas, are possibly polluting the rivers and beachfront areas in the vicinity of Honiara.39 81. Many villages (rural and urban) in the Solomon Islands do not have access to potable, running water. For example, Kakabona, a village of 900 or so people located just outside of Honiara city limits, is currently without running water. As the population in Kakabona increases, the lack of running water becomes a severe health risk because running water and sanitation go hand in hand; without the former you cannot have the latter. According to one of the Chiefs of Kakabona, water is available close to the community as there are wells nearby; all that is required is for two or three standing pipes to be drilled into the ground, but despite repeated requests, the government has failed to address this situation.40 82. The Government indicates that as a result of rural-urban migration, the urban growth rate is 6% per year. This has resulted in persistent electricity shortages in Honiara and the pressures on the sanitation system, housing and the environment are increasing daily.41 83. The effects of rural-urban migration are also found in the appearance of squatter settlements in and around Honiara. These squatter settlements are largely made up of one wantok from Malaita.

The COHRE fact-finding team visited Gilbert Camp, a squatter settlement near Honiara which like other villages we visited on Guadalcanal, was suffering from a lack of running water and proper sewage system for waste. Many permanent as well as leaf houses have been established on this site.42 84. Gilbert Camp is somewhat different from squatter settlements in other developing countries in that some of the squatters actually own or have houses on their customary land in neighbouring Honiara which they are now renting out to tenants. These squatters have divested themselves of security of tenure in order to generate an income for school fees and medical services. It should be noted, however, that some of the squatters in Gilbert Camp and other settlements on Guadalcanal are occupied by those who have left Malaita or other provinces to participate in the cash economy.43

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

21

G e n d e r D i m e n s i o ns

85. Domestic and family violence and the lack of refuges, shelters and other social support services for battered women is one of the most urgent issues facing women in the Solomon Islands. Obviously, domestic violence prohibits women’s right to live in peace, security and dignity, a cornerstone of the right to adequate housing. (For more on this issue please see Health section below.)44 86. A survey conducted in the early 1990s indicates that in 37% of households women are the sole income earners, spending the income earned on daily living costs, schooling and home improvements. At the same time, only 8% of those surveyed considered themselves heads of household.45 87. Women’s household workload is increasing. Women continue to have primary responsibility for child care, and the care of sick and elderly family members, domestic maintenance including cleaning and food preparation, water and fuel collection. On top of these responsibilities, women are spending significantly larger amounts of time on smallholder cultivation (subsistence farming) and subsistence fishing than their male counterparts and are being pressured to engage in wage labour.46 Government Response

88. According to the MTDS the Government plans to increase the supply of electricity in urban and rural areas by implementing hydro power projects and exploring the possibility of introducing solar powered energy projects. It is not clear upon what land (customary or government lands) the hydro power projects will be located or whether indigenous Solomon Islanders have been or will be displaced as a result of these projects.47 89. The Government also intends to increase the supply and quality of water in urban and rural areas to ensure potable water is available throughout the country. The MTDS also states that it will improve sewer and solid waste disposal systems in Honiara. Unfortunately, it does not indicate that the same services will be provided to rural areas.48 90. Although the Government recognizes various problems within the housing sector such as overcrowding, high rents and a shortage of land, particularly in Honiara, the Government intends to completely divest itself of responsibility for housing. It states unequivocally that it will relinquish the current government’s responsibility to construct housing and that it will privatize all government owned housing. The government’s principal involvement in housing will be through the provision of rent subsidies to those entitled to government housing; recipients can then use these subsidies to rent houses in the private sector. The Government indicates that it will facilitate access to housing loans for low income groups. It also intends to give incentives to the private sector to build houses. To facilitate this, the Government will establish the machinery to make it easier to obtain customary land for commercial use and urban development. Presumably this will be accomplished through the Government’s revisions to the present Land Titles Act as well as through the implementation of the Customary Lands Recording Act.49

22

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

91. The Government’s planned retreat from the housing sector could contravene its obligations under the ICESCR for the following reasons: (i) Given that the private sector generally regards housing as a commodity from which it can profit, the most disadvantaged in the Solomons may find it difficult to access affordable housing within the private sector. In that situation, low income groups should have access to rent controlled and subsidized housing. (ii) The Government stipulates that it will facilitate easier access to housing loans for low income groups. In COHRE’s estimation this is an unsatisfactory and unstable measure, for surely not all low income individuals/families will qualify under the loan scheme and many low income individuals/families would prefer not to be burdened with personal debt, especially as the Government implements its Policy and Structural Reform Policy which the Prime Minister himself has indicated will be very painful, economically, socially and culturally for Solomon Islanders. (iii) Under the ICESCR the Government is responsible for providing housing to those in need. The Government’s reform programme may not meet this obligations as the private sector may not be meeting housing needs, especially for low income people. (iv) According to General Comment No. 4, the Government is required to confer security of tenure to beneficiaries of the right to housing. The Government’s decision to increase the availability of land for development directly threatens the security of tenure of those currently living on the land. (v) Under the right to housing, the Government is required to ensure that housing is adequate. By privatizing the public housing sector without simultaneously establishing legal, regulatory and supervisory schemes and mechanisms, the Government cannot ensure that private sector housing developments meet the international obligation of housing adequacy.

92. COHRE is glad to learn that the Government recognizes that it must reduce logging to sustainable levels in order to minimize adverse impact on the environment and to ensure that logging can continue well into the future. If the Government maintains this objective, this would have a positive impact on housing in the Solomon Islands as the natural resources, such as sago palm leaves, necessary to build and maintain houses would continue to be available. It might also work toward ensuring that availability of well located, suitable land for gardening.

93. COHRE was unable to determine the Government’s policy or attitude toward squatter settlements.

94. COHRE was also unable to determine if the Government is aware of and/or plans to address the problem of family violence which has led to an increase in the numbers of homeless children and youth, particularly in Honiara.

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

23

D Fo o d T h e Fa c t s

95. When COHRE asked villagers about their food situation most Solomon Islanders answered that they enjoy adequate food in terms of access, availability and quantity.51 96. However, a report by the Solomon Islands National Advisory Committee on Children states that 25% of Solomon Islands’ children suffer from malnutrition.52 97. Moreover, a 1991 study by UNICEF indicates that food security is an issue in the Solomon Islands.

The UNICEF study showed that in 1991 food production in the Solomon Islands was below the average for comparable lower income countries in Asia and that food production, which appeared to be stagnating, if not declining, was not keeping pace with population growth. Food production per capita had slipped by about 10% below levels achieved 10 years prior, matching levels achieved 20 years prior.53 98. According to UNICEF there are a number of factors affecting food security. For example, in areas of high population density, soil degradation and declining soil fertility are affecting food production and availability. Soil loss associated with logging has an adverse impact on food crop production.

There is growing concern that unchecked exploitation of the forests will jeopardize food security at the household and village levels.54 99. Natural disasters such as cyclones, floods and earthquakes regularly cause damage to food crops and land is lost due to landslides. For example, the floods on the Weather Coast in Guadalcanal in 1991 caused extensive damage to food gardens. 55 G e n d e r D i m e n s i o ns

100. The nutritional situation of children is directly linked with the food related work of women.

While a woman’s productive work may ensure food security at the household level, a heavy work load may adversely affect the nutritional status of children. This is related to inadequate time for performing food related activities in the household, particularly the preparation of food, child care and feed-

24

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

ing. Additional time and effort are increasingly required for household food production when food gardens are allocated to marginal lands, far from villages. Women’s access to resources such as land, education, time and decision making are all of vital importance for continued food security.56 101.Women’s diets are inadequate. The National Nutrition Survey found that only a one quarter of women eat balanced meals. Protein consumption is particularly low. Women and children do not eat enough protective foods lowering their resistance to infection, and 23% of women have mild anaemia which is linked to nutrition and parasitic infections.57 102. Women’s decision making power in the household is of great importance because men often have different priorities with regard to land and labour allocations. This centres on decisions regarding the allocation of land and labour for food gardens and cash crops. The garden area, crucial to household food security is generally determined as part of a broader decision making process of how much labour and land will be allocated between cash cropping, food gardening, wage labour and other activities and resources.58 G o v e r n m e n t R e s p o ns e s

103. COHRE was unable to retrieve information pertaining to the Government’s plans with respect to increasing nutrition levels in the Solomons or any other food related issues.

4 H E A LT H Article 12 of the ICESCR States:

1. The states Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) The provision for the reduction of the stillbirth rate and of infant mortality and for the healthy development of the child; (b) The improvement of all aspects of environmental and industrial hygiene; (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

T h e Fa c t s

104. To date, health care services in the Solomon Islands have been free and subsidized by the national Government.59

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

25

105. The health care infrastructure of the Solomon Islands is as follows: there is a National Referral hospital in Honiara, 5 provincial hospitals, 2 mini hospitals and 2 hospitals run by the Churches.

There are 8 area health centres, 120 rural clinics and 104 nurse aid posts serving the rural population.60 106. Despite this infrastructure, access to health care facilities remains a problem due to the geographically dispersed population throughout the Solomon Islands. Those living in rural areas, for example, may have to travel long distances across unpaved routes to reach medical care. Sometimes the only way to reach a clinic is by canoe and when weather conditions are bad the journey can be quite difficult and even treacherous. The Weather Coast in the south coast of Guadalcanal has particularly high seas, making it difficult to get supplies to the 13 health clinics in that region.61 Malaria

107.The Solomon Islands has one of the highest rates of malaria in the world and as such malaria may be considered an endemic disease in this region. In 1994 there were close to 36,000 malaria cases per 100,000 people (the average amongst developing countries is 954:100,000 and the average amongst least developed countries is 6,765:100,000 people). Pregnant women and children are the most vulnerable to malaria. Estimates indicate that up to 80% malaria cases in the Solomon Islands occur among children. Malaria is dangerous during pregnancy as it has been associated with an increase in maternal anaemia and haemorrhaging miscarriages, prematurity, still births and low birth weight.62 108. Malaria continues to be a problem because of the lack of adequate sewage and sanitation systems in rural and urban villages combined with a climate and environment which is conducive to breeding mosquitos. The COHRE mission visited several villages in both Guadalcanal and Malaita where there is no running water, poor drainage, unsealed water sources and inadequate solid waste disposal systems. 63 109. Programmes have been established in the Solomon Islands to provide education and training regarding malaria prevention to people living in the villages. The COHRE fact-finding team met with foreign-funded community health workers on Malaita whose central responsibility was to go to rural villages to teach residents about malaria prevention. The Solomon Islands Development Trust (SIDT), a local non-governmental organization has a similar programme where ‘Village Demonstration Workers’, located in all provinces and on every major island, show their fellow villagers ways to improve their lives, with a focus on malaria eradication.64 H I V / A I DS

110. Tests throughout the Solomon Islands on donors, suspected patients and those with sexually transmitted diseases between 1991 and 1997 resulted in only one HIV positive diagnosis. 65 111. Though HIV/AIDS does not represent a health problem in the Solomon Islands, health care professionals suggest that it may be just a matter of time before it does become a major health issue.

This is because the potentials for transmitting the disease are now in place in the Solomon Islands.

26

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

This is indicated by the significant increase in the rates of sexually transmitted diseases, teenage pregnancies, at risk behaviours and low usage of condoms. These indicators of unprotected sex places many at risk of contracting HIV. Of course, as the Solomon Islands opens itself to foreign investors, the heightened spread of AIDS/HIV can be expected.66 112.Several AIDS and STD workshops have been co-hosted by the government of the Solomon Islands and local NGOs and Church groups targeting casino girls engaged in the sex industry, youth, literacy groups, teachers.67 O t h e r D i s ea s e s a n d I l l n e s s e s

113. Acute Respiratory Infections (ARIs) including pneumonia are a leading cause of sickness and death in infants and children. In the early 1990s ARI accounted for 28-26% of infant and child deaths due to infectious diseases and 15% of children under 5 died due to respiratory disorders. 68 114. In one village COHRE was told by a local nurse that tuberculosis is also a serious health problem for adults throughout the Solomon Islands, though rates of tuberculosis have dropped since the 1980s. 69 115. Other illnesses seriously compromising the health of Solomon Islanders include diarrhoeal disease, hepatitis B and skin and eye infections. Of the villages visited by COHRE, skin and eye infections were most visible in Lilisiana Community in Malaita province. 70 Gender Dimensions

116. Domestic violence, particularly wife beating, is a serious problem for women’s physical and mental health in the Solomon Islands. Though the exact magnitude of the problem is difficult to determine, this issue emerged as one of major concern during the national consultations organized by the National Council of Women in 1988.71 117. There is a lack of counselling and support services for women experiencing violence, making escape from violent situations very difficult. Churches which offer the broadest social support network have yet to come to terms with the problem. Police records on assault do not specify cases of domestic violence as they prefer not to be involved and generally advise women to settle the matter within the family or through kastom. According to courts and social services, women who take the bold step of enforcing their legal rights most often withdraw charges before the cases are prosecuted.72 118. A number of health issues arise for women with respect to child bearing. In some provinces such as Isabel and Temotu access to ante-natal clinics is quite low with only 46-61% of women accessing such clinics. The quality of care at ante-natal clinics is also problematic, with women not always receiving appropriate medications for malaria while pregnant.

119. Clinics are often inaccessible in rural areas which causes many women to give birth at home.

The rate of still births is significantly higher in home births (30:1000 births) than in those which take

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

27

place at a local clinic (23:1000 births) or hospital (19 per 1000 births). Moreover COHRE was told that on several occasions women had died during labour in home births, deaths that could have been prevented if the woman was able to access a clinic or hospital.73 120. The maternal mortality rate in the Solomon Islands of 1 per 500 births is one of the highest in the world. This unacceptably high rate can be attributed - at least in part - to the fact that many women give birth at home, without trained assistance, resulting in haemorrhaging, infection and obstructed labour.74 Government Response

121. The MTDS recognizes the control of malaria as one of the major public health problems in the Solomons, noting that 45% of the population experiences malaria every year. It recognizes that maternal and child health care programmes, as well as rural health care facilities, need to be improved and that more attention should be given to preventative health care programmes as a means of reducing the burden on primary health care facilities.

122. COHRE is pleased that the government has highlighted health services as a priority area for government spending and that it has recognized the need to improve many aspects of the existing health care system within the Solomons, including maternal and child care facilities. COHRE is concerned, however, that the government has made few provisions in its MTDS to increase expenditure for the provision of new health care facilities. 75 123. COHRE is also concerned that the government plans to rationalize curative services through greater reliance on cost recovery and to further privatize health care services by encouraging the development of a private health care market and fees for those who can afford it. The rationalization and privatization of the health care system in the Solomon Islands could lead to the contravention of article 12(d) of the ICESCR, creating conditions which further obstruct access to medical service and medical attention in the event of sickness. With only 20% of Solomon Islanders in waged labour, most Solomon Islanders simply cannot afford to pay for health care services.

124. COHRE is concerned that the Government has not made any health care provisions within the MTDS to assist women victims of family violence, despite the fact that this has been identified as one of the most pressing problems facing women. COHRE recognizes, however, that this may be included in the National Policy on Women.

125. It is COHRE’s submission that the Government’s decision to redirect existing resources away from urban medical facilities and toward rural medical facilities may work to improve the quality of health care in existing rural clinics, but it will not address access issues for rural dwellers who do not have a clinic located within a reasonable distance from their homes. At the same time, there may be a negative impact on the quality of health care in urban facilities if funds are redirected away from these facilities.

28

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

5 E D U C AT I O N Article 13 of the ICESCR states, in part:

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed t the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. ...

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right: (a) Primary education shall be compulsory and available free to all; (b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education; (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction to free education; (d) Fundamental education shall be encouraged or intensified as far as possible for those person who have not received or completed the whole period of their primary education; (e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

Article 14 of the ICESCR states:

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

T h e Fa c t s

126. Contrary to Article 13(2)(a) of the ICESCR primary education is neither free nor compulsory in the Solomon Islands. Many villagers told COHRE that they were required to pay at least 100 SI dollars per annum/per child for primary school. In a country where the bulk of the population is engaged in subsistence farming and not the cash economy, school fees are particularly onerous and prohibitive.

Villages which erect their own schools must levy fees to pay for classroom necessities including textbooks, notebooks, pencils, etc. Consistent attendance of children at school for economic and geographic reasons is a problem. There is currently no legislation or government policy mandating compulsory attendance at primary school.76

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

29

127. The proportion of government recurrent expenditure on education has fallen from 20.5% in 1988 to 15.5% in 1998. 77 128. The Solomon Islands has the lowest literacy rate in the Pacific Islands region with only 30% of those 15 years and older being literate.78 129. The availability of primary and secondary schools is limited. The number of schools is simply not increasing at a rate that matches the yearly population growth. Existing schools are often located too far away from some villages, making attendance difficult. As a result, many communities have had to build their own schools to ensure that their children would receive an education at all. For example, in Kakabona, just outside of Honiara, with the assistance of the government of New Zealand, the community built a kindergarten, sent a few volunteers from the community to attend early childhood education courses and now has a fully operational kindergarten programme which is financed by the community. One of the Chiefs at Kakabona noted, however, that the local population is growing at such a rapid pace - with the average family comprised of 10-11 people - that local services cannot keep apace.79 130. The conditions within schools is also problematic. A school teacher with whom we spoke in Gilbert Camp told us that consistent and regular attendance of teachers at primary and secondary schools is a problem. Teachers suffer from a lack of motivation due to their work conditions: they are paid very little, they often lack sufficient housing, teaching materials and community support. The quality of education is also reduced because many primary school teachers - particularly outside of Honiara - are untrained. Moreover, many schools are housed in inadequate, decrepit and impermanent structures without access to drinking water and sanitation facilities.80 131. The principal of a school near Honiara also noted that classrooms are becoming overcrowded, sometimes with more than 40 students in a class. He also noted that there are not enough teachers, especially those with appropriate qualifications. The Government’s MTDS identifies a similar problem.81

30

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

132. Not surprisingly, according to the Solomon Island National Advisory Committee on Children and UNICEF, at a minimum 25% of all children will never start school (in some regions this rate rises to 40%). 82 133. Of those children who go to school, the drop-out rate is extremely high with approximately 30% of students dropping out before they reach Form 6. The causes of this high drop-out rate include: distance to school, children are kept at home for economic reasons (no school fees and their labour can contribute to family wealth), lack of access to secondary education and the low valuation of girl’s education.83 134. COHRE learned that there is only one adult literacy programme in the Solomon Islands and it is run by a local NGO.84 Gender Dimensions

135. Fewer girls than boys start primary school and more girls than boys drop-out of primary and secondary school. This is because girls are required to care for their younger siblings while their mother is working in the garden or in paid employment. Of course, this problem stems from the inequitable division of labour between men and women at the household level. The low attendance and high drop out rates of girls can be attributed to the low status accorded the education of girls and to overall gender bias in favour of boys, which translates into an unwillingness by parents to pay school fees for girl children.85 136. Over a twelve year period, between 1980 and 1992 the number of girls attending secondary school in the Solomon Islands only increased by 2.5%. One of the obstacles to increased participation of girls in school is the lack of boarding facilities for female students.86 137. In the past women have been under represented within the teaching profession which may contribute to a low level of enrolment of girls in primary and secondary schools. According to a 1986 census only 38% of all primary teachers, 25% of secondary teachers and 18% of tertiary teachers were female. (Unfortunately, more recent statistics on this issue were not available.) To encourage parents to send their girls to school and to encourage girls to attend school, it is important to have women role models in the classroom and the education system more broadly.87 G o v e r n m e n t R e s p o ns e

138. In its MTDS, the government identifies many of the issues detailed above as problematic with respect to the education system in the Solomon Islands noting in particular, gender inequities within the education system, poor quality of education in existing schools and a deficit of trained and qualified teachers. The MTDS also indicates its understanding of the need to strive for universal and compulsory education.

139. While the government can be commended for these acknowledgements and for having identified education as a high priority area for government spending, there is still cause for concern. In particular, the MTDS states that ‘the prevailing financial difficulties of the government as well as the

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

31

rapid population growth in the country would make budgetary planning and decision making extremely difficult’ in this area. It also indicates that the Government is still committed to charging fees for education.88 140. Under Article 13(2)(a) of the ICESCR, States parties have a legal obligation to ensure that primary education is compulsory and free to all, upon ratification of the ICESCR. Under Article 14, States parties who have ratified the Covenant but have not been able to secure compulsory and free primary education for all are obliged - within two years of ratification - to adopt a plan of action to ensure that this legal obligation with respect to primary education is fulfilled within a reasonable number of years. The Solomon Islands ratified the ICESCR over 17 years ago and thus has had ample time to fulfil its obligations under Articles 13(2)(a) and 14 of the ICESCR. In turn, the Government of the Solomon Islands must be declared in contravention of these articles of the Covenant.

141. Based on the information obtained during the mission, COHRE is also concerned that the Government of the Solomon Islands has no intention of increasing the number of primary and secondary schools and of creating more boarding facilities. This is despite the fact that the government itself has acknowledged that there are not enough schools for the ever increasing numbers of school aged children, classrooms and schools are overcrowded and there is a paucity of boarding facilities, especially for girls.

142. COHRE is also troubled by the fact that monies are being diverted away from tertiary education.

Without the availability of local, good quality tertiary education how will the Government satisfy the need for more trained and qualified teachers within the education system?

143. COHRE also brings to the attention of the Committee, that the MTDS fails to discuss and provide concrete actions to address the systemic discrimination and disadvantage experienced by girls and women in the education system in the Solomon Islands.

6 C U LT U R E Article 15 of the ICESCR states in part:

1. The States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; (b) To enjoy the benefits of scientific progress and its applications; ...

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. ...

32

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

T h e Fa c t s

144. Culture and traditions or kastom in the Solomon Islands remain relatively intact, with shell money, bride compensation and other traditional practices still in existence on many islands. Villagers on Guadalcanal noted, however, that many Solomon traditions had changed since the arrival of the Church. Moreover, as modernization and development reach the Solomon Islands, customs and traditions are threatened particularly with the younger generations who are being enticed to the big city, Honiara and its discos and casinos. 89 145. In 1995 the government bought a building that formerly housed the British High Commissioner and has established the National Art Gallery and Cultural Centre. It contains two sections: a National Traditional Gallery and a National Contemporary Gallery. The collection of works is underway and will be financed with the assistance of the Australian government. The Curator of the Centre is concerned that unless a comprehensive collection of traditional artifacts is collected, many of the skills involved in their making and the knowledge of the customs behind them could be lost. Already many historic and traditional artifacts have been exported overseas.90 G o v e r n m e n t R e s p o ns e

146. As mentioned, according to the MTDS, the Government also plans to assist in sustaining and strengthening wantoks by developing appropriate policies that promote development and support of rural areas and by encouraging social and cultural interactions.91 147. COHRE asked a Government official with the Ministry of National Planning whether he was concerned that the reform and development programme as mandated by the ADB, the World Bank and the IMF would negatively affect culture and tradition in the Solomons. He said that the Government’s reform programme is home grown and for that reason he was not concerned. He also stated that the structural adjustment programme was not being imposed by external forces upon the Solomon Islands and that the Government was working collaboratively with international financial institutions.92 148. COHRE is concerned that while the Government may have good intentions, they have not fully accounted for the effects that the MTDS and PSRP will have on the unique and very special culture and traditions that are the essence of the Solomon Islands.

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

33

1

COHRE FFM, Interview with women representatives from civil society, 19 January 1999.

See Also: MTDS and Government of the Solomon Islands, Communique, November 1998.

2

UNICEF, A Situation Analysis of Women and Children in the Solomon Islands, at 54 [hereinafter, UNICEF].

COHRE FFM, Interview with women representatives from civil society, 19 January 1999.

3

COHRE FFM, Interviews with Secretaries to the Ministers of Foreign Affairs, and the Minister of Home Affairs and with women representatives from civil society, 19 January 1999. MTDS, at 44 - 47.

4

MTDS, at 3.

5

MTDS, at 3.

6

UNICEF, at 17.

7

UNICEF, at 17.

8

MTDS, at 26.

9

COHRE FFM, 18 January 1999.

10 The Courier, at 52. UNICEF, at 58. MTDS, at 16.

11 UNDP, HDR 1998.

12 MTDS, at 4.

13 UNDP, HDR 1998.

14 Par. 39 - 42: UNICEF, at 57.

15 M. Ntumy, at 293.

16 MTDS, at xix - xx.

17 MTDS, at 102.

18 MTDS, at 15 - 16. COHRE FFM, Interview with Secretary to Minister of Home and Cultural Affairs, 19 January 1999.

19 MTDS, at 52. The Courier, at 55 - 56.

20 COHRE FFM. 21 MTDS, at 48-49. COHRE FFM, Conversation with Charles Kelly, Chairperson of DSE, 16 January 1999.

22 MTDS, at 52.

23 Secretary to the Minister of Home Affairs. COHRE FFM, 19 January 1999.

24 COHRE FFM. 25 COHRE FFM, Interviews villagers in Guadalcanal and Malaita provinces, 17 - 18 January.

26 COHRE FFM, Interview with official at the Ministry for National Planning, 19 January 1999.

27 COHRE FFM, Interviews with local NGOs, 19 January 1999.

28 UNICEF, at 8. MTDS, at 87.

29 UNICEF, at 79 - 80.

30 MTDS at 89 - 90.

31 MTDS, at 106 - 107.

32 MTDS, at 48.

33 COHRE FFM. 34 COHRE FFM, Interview with Premier David Oeta of Malaita and Conversations with Dala community members in Malaita and Kakabona community members on Guadalcanal, 17 - 18 January 1999.

35 COHRE FFM, Interview with villagers in Kakabona, 16 January 1999.

36 COHRE FFM, Conversation with Casper Fa’asala, Secretary General of DSE, January 1999.

37 Sister Lilian, Sister’s Mission to Women and Children, Background Paper (on file with COHRE).

38 MTDS, at 87-88. UNICEF, at 88 - 89.

39 MTDS, at 57.

40 COHRE FFM, Interviews with representatives from Kakabona village in Guadalcanal, 17 January 1999.

34

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

41 MTDS, at 49.

42 COHRE FFM, site visit to Gilbert Camp, 17 January 1999. MTDS, at 48.

43 COHRE FFM, Conversation with Charles Kelly, President of DSE (who lives in Gilbert Camp) and site visit to Gilbert Camp, 15, 17 January 1999.

44 COHRE FFM, Conversations with representatives from the YWCA and the Family Support Centre, 15 January 1999.

45 UNICEF, at 57.

46 UNICEF, at pp. 55 - 56.

47 MTDS, at 65.

48 MTDS, at 66.

50 MTDS, at 86 - 90.

51 COHRE, Fact Finding Mission, Interviews with villagers in Guadalcanal and Malaita, 15 - 18 January 1999.

52 Solomon Islands National Advisory Committee on Children, Children First, p. 17.

53 UNICEF, at 81.

54 UNICEF, at 82.

55 UNICEF, at 82.

56 UNICEF, at 82.

57 UNICEF, at 64.

58 UNICEF, at 82.

59 COHRE FFM, Interview with Premier of Malaita, 18 January 1999.

60 Macfarlane Burnet Centre for Medical Research AIDS/STD Unit, Secretariat of the Pacific Community, Strategic Planning of National Responses to HIV/AIDS & STDs in Pacific Island Countries and Territories: Proceedings of Series One Work shop for Cluster Two Countries hosted by the International Health Unit at Appendix 3 [hereinafter, MBCMR].

61 The Courier, at 53.

62 UNDP, HDR 1998. UNICEF, at 29.

63 COHRE FFM, Conversation with representative from NGO working on malaria prevention in Malaita, 18 January 1999, and site visits to Kakabona, Gilbert Camp (Guadalcanal), Lilisiana and Dala (Malaita), 16 - 18 January 1999.

64 COHRE FFM, Conversation with representative from NGO working on malaria prevention in Malaita, 18 January 1999.

Solomons Magazine, p. 29.

65 MBCMR, at Appendix 3.

66 STD and AIDS Program, Ministry of Health and Medical Services (Solomon Islands) (August 1998).

67 MBCMR, at Appendix 3.

68 UNICEF, at 30.

69 COHRE FFM, Community meeting at Kakabona, 17 January 1999.

70 COHRE FFM. 71 COHRE FFM, Interview with representative from Family Support Centre and with members of civil society, 15, 19 January 1999.

72 UNICEF, at 64 - 65. COHRE FFM, Interview with representative from Family Support Centre.

73 Par. 115-116: UNICEF at 62. COHRE FFM, Community meeting in Kakabona, 17 January 1999.

74 The Courier, at 53.

75 Par. 118 - 119: MTDS, at 31 - 38.

76 MTDS, at 39. UNICEF, at 41.

77 MTDS, at 41.

78 MTDS, at p. xix.

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

35

79 UNICEF, at 41. COHRE FFM, Interviews with school teachers, Guadalcanal, 17, 19 January 1999.

80 COHRE FFM, Interview with school teacher, Guadalcanal, 17 January 1999. UNICEF at 41.

81 COHRE FFM, Interview with Principal, Guadalcanal, 16 January 1999. MTDS, at 40.

82 UNICEF, at 41-42.

83 National Advisory Committee on Children, at 21. UNICEF, at 41.

84 COHRE FFM, Interview with school principal, Guadalcanal, 16 January 1999.

85 UNICEF, at 44 - 45. j37. COHRE FFM, Interview with school teacher, Guadalcanal, 17 January 1999.

86 UNICEF, at 44 - 45.

87 UNICEF, at 44 - 46.

88 MTDS, at 39 - 43.

89 COHRE FFM, Community meeting, Kakabona, 17 January 1999.

90 Solomons Magazine at 24 - 27.

91 MTDS, at 52.

91 COHRE FFM, Interview with official from Ministry of National Planning and Development, 19 January 1999.

36

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

4 R e c o m m e n d a t i o n s A General Recommendations E co n o m i c R e f o r m a n d D e v e l o p m e n t P o l i c i e s

149. With the assistance of the Committee on Economic, Social and Cultural Rights (CESCR) and other qualified human rights experts, the Government should review its Policy and Structural Reform Programme (PSRP) and its Medium Term Development Strategy (MTDS) in light of its legal obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR), with a view to ensuring that the PSRP and MTDS have as a central objective the realization of the economic, social and cultural rights of Solomon Islanders.

150. COHRE commends the Government for inviting local NGOs to participate in a National Summit regarding national structural reform and development and encourages the Government of the Solomon Islands to continue to include and consider the interests of civil society in the implementation of the PSRP and MTDS. 151. Most of those with whom COHRE spoke during the fact finding mission - NGOs, community leaders, teachers, villagers - had no knowledge or understanding of the Government’s reform programme, nor did they know about the influence of the ADB, the World Bank and the IMF in their country. If civil society is to actively participate in the reform programme, the Government and NGOs must provide Solomon Islanders with information - in a popular format - which explains the PSRP and MTDS, specifically, what will be required to implement the reform programme and how this will impact on the everyday lives of local communities and villages. This will require transparency on behalf of Government. This will also require training and education within the NGO sector so that the actual and potential impact of the PSRP and MTDS can be understood, analysed and acted upon.

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

37

152. Governments and aid donors should engage more actively with NGOs and community groups to facilitate compromises between the very different sets of values and value systems each operates in.

153. In keeping with the preceding recommendation, the Government should be encouraged to implement its plan to establish a Government - NGO liaison desk.

H u m a n R i g h t s E d u ca t i o n a n d E n f o rce m e n t

154. The CESCR should encourage the Government of the Solomon Islands to establish a Human Rights Desk or Officer responsible for human rights training and education within the public and private sectors, with a long-term view of establishing an independent National Human Rights Commission.

155. The Government must assist in ensuring more Solomon Islanders attend law schools to study law, including international human rights law, through the provision of bursaries, scholarships and grants for overseas study. In this vein, the Government must strengthen all levels of its education system, and assist in the establishment of a Law School at the Honiara campus of the University of the South Pacific.

156. COHRE encourages the Government to sign and ratify all international human rights instruments to demonstrate its full commitment to the human rights of all Solomon Islanders.

B Recommendations Pertaining to Specific Rights Article 2 (2) and 3:

157. The Government is encouraged to review and, where appropriate, amend its National Policy on Women in light of its obligations under the ICESCR. Upon doing so, the Government is urged to implement its National Policy on Women in close consultation with civil society.

158. The Government must refrain from regarding women solely as economic resources and must confront and address the diverse needs and rights of women.

159. The Government should consider establishing a Ministry exclusively responsible for the advancement of women and women’s human rights in the Solomons.

160. The Government must immediately encourage and assist in activities aimed at transforming patriarchal values at the heart of Solomon society which isolate women in the private realm and result in the treatment of women as second class citizens. These activities must be undertaken in close consultation with NGOs and grassroots organizations and must be directed at both men and women in urban and rural areas.

38

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

Article 6 and 7:

161. The Government should devise and implement a national job creation programme designed to reduce unemployment levels which are rapidly increasing especially with the downsizing of the Public Sector.

162. The Government must also consider establishing an unemployment benefits scheme for those who cannot rely on their wantok for support.

163. The Committee should request the Government of the Solomon Islands to provide it with information regarding the current status of those public service employees who have been retrenched.

164. To complement a national job creation programme, the Government should provide vocational training and credit schemes both of which are accessible to women and to the most impoverished in society.

165. Credit must also be extended to women outside the formal sector as that is where women are increasingly employed. Women also require technical and business management training.

166. The Government should undertake or commission a broad based study on working conditions in private sector wage labour. Based on its findings and in accordance with Article 7 of the ICESCR, the Government should adopt, amend, repeal or revoke legislation as necessary to ensure the right of Solomon Islanders to just and favourable conditions of work including remuneration which provides all workers with, at a minimum, fair wages, a decent living for themselves and their families, safe and healthy working conditions, rest, leisure and reasonable limitations of working hours.

167. In particular, women must be guaranteed equal remuneration for work of equal value, without distinction of any kind. Women should also be guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work - regardless of education levels.

168. The Government must encourage women to enter sectors of employment that are not traditionally female dominated. In accordance with Article 7(c), women must be supported, through education and training programmes where necessary, to move into managerial and administrative positions within the public and private sector.

Article 8:

169. With the push on private sector development and the development of industries, the Government should support the establishment of trade unions to protect the interests of Solomon Islanders as they enter the private sector as employees in larger numbers.

Article 9:

170. The Government should immediately develop a comprehensive social security system, recognizing the right of everyone to social security, including social insurance.

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

39

Article 11 (1):

171. The Government must ensure that its planned privatization of the economy and the enhanced involvement of the business community translates into real benefits for the community. In this vein, the Government must ensure that the regulatory framework which governs business activity promotes and protects all human rights, especially, economic, social and cultural rights. Moreover, the Government must ensure that the business community is required to directly contribute resources to community well-being, through a taxation scheme.

172. The Government should ensure that basic services including potable water, electricity and sanitation and sewer facilities are provided to all households in urban and rural areas. In particular the Government is encouraged to pursue its infrastructure plans, including the construction of sanitary landfills for the safe disposal of urban solid waste. The Government is further encouraged to extend its infrastructure plans regarding the construction of sanitation facilities to rural areas.

173. The Government must ensure that the overcrowded, overpriced housing conditions in Honiara and other urban areas are addressed, for example, by introducing rent control legislation and curbing ruralurban migration by providing support mechanisms which encourage people to remain in rural areas.

174. The Government is strongly discouraged from divesting itself of all responsibilities in the housing sector. If the Government decides not to provide services directly in the housing or any other sector, the Government must retain responsibility for ensuring that the service provider upholds all of the Government’s obligations under the ICESCR. The Government should establish a regulatory framework and human rights legislation which requires the private sector to uphold human rights standards in the provision of services.

175. The Government must ensure that refuges or shelters, counselling and financial support services are available for women and youth attempting to escape from family or other violence.

176. The Government must review its plans to facilitate private development of customary lands in light of its obligation under the ICESCR to ensure the provision of universal security of tenure to all persons. Further the Government must hold national consultations in every provinces to debate and discuss the new Land Act and its implications.

40

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

177. The Government must not directly or indirectly sanction or carry out forced evictions of Solomon Islanders from their lands.

178. The Committee commends and supports the Government’s initiative to ensure sustainable logging in the Solomon Islands as this will assist in ensuring adequate resources are available for building and maintaining leaf houses.

179. The Government, in conjunction with villages and communities, should ensure that cash cropping is not using up all fertile land which is needed for subsistence farming and gardening.

180. The Government should establish policy and programme linkages between child nutrition, household food security and agricultural production.

181. The Government should work with local organizations toward strengthening the role and decision making capacity of women in agricultural food production.

Article 12:

182. Villages should have access to potable water, sewage systems and proper sanitation facilities.

The Government and international aid projects must work toward ensuring adequate sanitation systems are available in all villages - regardless of their remote location.

183. The Government, aid agencies and local organizations are encouraged to continue efforts to curb malaria through prevention education.

184. The Government, churches, aid agencies and local organizations should continue to carry out awareness and education campaigns, workshops etc. on the links between STDs and AIDS and develop networks to communicate ideas and strategies in combatting HIV/AIDS and STDs collectively.

185. As mentioned above, the Government should provide women and others fleeing situations of violence with safe accommodation, counselling and support services. The Government should ensure that restraining orders against perpetrators of violence are enforced and that the male population, particularly the police force, is provided with training and education on violence against women as a unacceptable behaviour that violates the law.

Article 13 and 14:

186. The Government must ensure, immediately, that all children are ensured the full exercise of the right to free and compulsory primary education, in accordance with Article 13(2)(a) of the ICESCR. 187. The Government must work toward creating a culture in the Solomon Islands which values education for all, girls and boys, men and women and which accepts that all primary school aged children must attend school.

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

41

188. The Government must ensure that girls are encouraged to attend both primary and secondary school and that families are discouraged from keeping their daughters from school prematurely to contribute to the household income.

189. The Government must build more primary and secondary schools in keeping with the population growth rate. Every community must have accessible education facilities.

190. The Government should establish national qualification requirements or standards for teachers all levels. In turn, the Government must ensure that adequate training and education programmes and courses are available for those interested in becoming teachers.

191. The Government must ensure that school curriculums focus on professions but also relate to the nature and style of life in the Solomon Islands which is predominantly a subsistence economy.

Article 15:

192. The Government is encouraged to explore ways in which it can move the Solomon Islands forward in terms of economic reform and development without destroying the culture and traditions or kastom that make the Solomon Islands a special and unique land. Out of this exploration, the Government is encouraged to develop a specific plan of action.

Article 16:

193. The Government should seek the available assistance and guidance of the Committee on Economic, Social and Cultural Rights, to ensure that the Solomon Islands meets its reporting obligations under Article 16 of the Covenant in the future.

194. The Ministry of Foreign Affairs should be adequately educated, trained and staffed to ensure that the Solomon Islands compiles and submits future periodic reports in a timely fashion to the CESCR. Appropriate Ministries should be encouraged to collaborate with the Ministry of Foreign Affairs in compiling reports to the CESCR. 195. The Committee encourages the Government to include, in a meaningful way, local grassroots, non-governmental and community based organizations in its reporting processes. This is to ensure that reports adequately and accurately reflect the economic, social and cultural conditions in the Solomon Islands and provide a means of educating civil society about their economic, social and cultural rights.

C Additional Recommendations 196. The Government should officially request the provision of technical cooperation directly from the Office of the High Commissioner for Human Rights with a view to developing a nation-wide programme designed to promote the most expeditious full realization of the rights established under the Covenant. In the context of any technical cooperation effort, the UN Specialized and other agencies, in particular UNDP, UNICEF, ILO, WHO, UNCHS (Habitat), ESCAP, as well as the international

42

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

financial institutions, should be fully involved in a unified effort to promote greater compliance with the provisions of the Covenant.

197. The Government should take immediate steps to adequately address the root causes of any inter-provincial tension in the country and, towards this end, create an appropriate institution or augment existing institutions, to address these issues in a preventative manner.

198. The Ministry of Foreign Affairs should immediately appoint an international legal officer to coordinate activities connected to the international human rights obligations of the Solomon Islands. If unable to find the necessary resources for such a position, the Government should immediately request international assistance from donor nations to pay for such a position.

199. The Government should ensure that judicial and/or other effective remedies to secure respect for the rights established pursuant to the Covenant are in place to all Solomon Islanders.

200. The Government should, with the assistance of the international community, carry out a nationwide judicial and legal training programme for judges and lawyers with a view to promoting far greater application of the rights established pursuant to the Covenant.

201. The Government should continue, with other regional nations, to use its good offices to promote a permanent cessation of hostilities in Bougainville, with a view to expanding regional stability.

202. The Government should give serious consideration to establishing by legislation, with the assistance of the international community, an independent national human rights commission entrusted with monitoring, adjudicating and advising on all human rights matters in the country. The legislation creating such a commission should explicitly confirm the competence of the commission to address economic, social and cultural rights issues.

203. The Government should convene, within one year of the adoption of the present concluding observations, a national convention on the Covenant on Economic, Social and Cultural Rights with a view to engaging all relevant sectors in society in discussions on developing a detailed, targeted national plan of action towards the full implementation of the Covenant on Economic, Social and Cultural Rights. The convention should address progress made in implementing the present concluding observations, and identify key areas for action in support of economic, social and cultural rights throughout the country.

204. In accordance with article 22 of the Covenant and general comment No. 2, the Committee informs the Government that the present concluding observations will be brought to the attention of the Economic and Social Council with a view to generating financial and other assistance from the international community.

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands

43

5 C o n c l u s i o n s The Committee on Economic, Social and Cultural Rights can play a positive and constructive role with respect to the Solomon Islands. Because the Committee is reviewing the status of economic, social and cultural rights in the Solomons for the first time and because the Government is on the verge of implementing its Medium Term Development Strategy, any guidance provided to the Government by the Committee should surely be duly and seriously considered.

From the observations made in this report and from the information available to COHRE it appears that the Government of the Solomon Islands has not complied with and is not planning to comply with the obligations of the Covenant.

COHRE believes that the Committee can play a pivotal role in ensuring that the Government addresses its debt burden and development plans in a manner consistent with the ICESCR, without irreparably damaging customs and traditions which are unique to the Solomon Islands.

44

The

Status

of

Social

and

Economic

Rights

in

the

Solomon

Islands