| SOLOMON ISLANDS Solomon Islands Solomon Islands Joined United Nations: 19 September 1978 Human Rights as assured by their constitution Updated 02 September 2012 |
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
3.Fundamental rights and freedoms of the individual.
Whereas every person in Solomon Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right,
whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for rights and freedoms of others and
for the public interest, to each and all of the following, namely:-
(a)life, liberty, security of the person and the protection of the law;
(b)freedom of conscience, of expression and of assembly and association; and
(c)protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such
limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said
rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
4.Protection of right to life.
(1)No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence
under the law in force in Solomon Islands of which he has been convicted.
(2)A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use,
to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-
(a)for the defence of any person from violence or for the defence of property;
(b)in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c)for the purpose of suppressing a riot, insurrection or mutiny; or
(d)in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
5.Protection of right to personal liberty.
(1)No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say-
(a)in consequence of his unfitness to plead to a criminal charge;
(b)in execution of the sentence or order of a court, whether established for Solomon Islands or some other country, in respect of a
criminal offence of which he has been convicted;
(c)in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it;
(d)in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(e)for the purpose of bringing him before a court in execution of the order of a court;
(f)upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Solomon
Islands;
(g)in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent
or guardian, for the purpose of his education or welfare;
(h)for the purpose of preventing the spread of an infectious or contagious disease;
(i)in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the
purpose of his care or treatment or the protection of the community;
(j)for the purpose of preventing the unlawful entry of that person into Solomon Islands, or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from Solomon Islands or for the purpose of restricting that person while he is being
conveyed through Solomon Islands in the course of his extradition or removal as a convicted prisoner from one country to another; or
(k)to such extent as may be necessary in the execution of a lawful order of a court requiring that person to remain within a specified
area within Solomon Islands or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for
the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably
justifiable for restraining that person during any visit that he is permitted to make to any part of Solomon Islands in which, in
consequence of any such order, his presence would otherwise be unlawful.
(2)Any person who is arrested or detained shall be informed as soon as reasonably practicable, and in a language that he understands,
of the reasons for his arrest or detention.
(3)Any person who is arrested or detained-
(a)for the purpose of bringing him before a court in execution of the order of a court; or
(b)upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Solomon
Islands,
and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable
suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without
prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for
proceedings preliminary to trial.
6.Protection from slavery and forced labour.
(1)No person shall be held in slavery or servitude.
(2)No person shall be required to perform forced labour.
(3)For the purposes of this section, the expression “forced labour” does not include-
(a)any labour required in consequence of the sentence or order of a court;
(b)any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of
a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c)any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has
conscientious objections to service as a member of a naval, military or air force, any labour that person is required by law to perform
in place of such service;
(d)any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life
and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any
situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with the
situation; or
(e)any labour reasonably required as part of reasonable and normal communal or other civic obligations.
7.Protection from inhuman treatment.
No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
8.Protection from deprivation of property.
(1)No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any
description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-
(a)the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public
morality, public health, town or country planning or the development or utilisation of any property in such a manner as to promote the
public benefit; and
(b)there is reasonable justification for the causing of any hardship that may result to any person having as interest in or right over the
property; and
(c)provision is made by a law applicable to that taking of possession or acquisition-
(i)for the payment of reasonable compensation (the valuable consideration of which may take the form of cash or some other form
and may be payable by way of lump sum or by instalments) within a reasonable period of time having due regard to all the relevant
circumstances; and
(ii)securing to any person having an interest in or right over the property a right of access of access to the High Court, whether direct
or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or
acquisition of the property, interest or right, and the reasonableness of the compensation and the period of time within which it shall be
paid.
(2)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section-
(a)to the extent that the law in question makes provision for the taking of possession or acquisition of any property-
(i)in satisfaction of any tax, rate or duty;
(ii)by way of penalty for breach of the law or forfeiture in consequence of a breach of the law;
(iii)as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv)in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
(v)in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of
human beings, animals or plants;
(vi)in consequence of any law with respect to the limitation of actions or acquisitive prescription; or
(vii)for so long only as may be necessary for the purposes of any examination, investigation, trial or enquiry or, in the case of land, the
carrying out thereon-
(A)of work of soil conservation or of conservation of other natural resources; or
(B)of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has
without reasonable excuse refused or failed, to carry out,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society; or
(b)to the extent that the law in question makes provision for the taking of possession or acquisition of-
(i)enemy property;
(ii)property of a deceased person, a person of unsound mind, a person who has not attained the age of twenty-one years or a person
who is absent from Solomon Islands, for the purpose of its administration for the benefit of the persons entitled to the beneficial
interest therein;
(iii)property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit
of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial
interest in the property; or
(iv)property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating
the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3)Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession
in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property,
where that property, interest or right is held by a body corporate established for public purposes by any law and in which no moneys
have been invested other than moneys provided by the Government.
9.Protection for privacy of home and other property.
(1)Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his
premises.
(2)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision-
(a)in the interests of defence, public safety, public order, the prevention and investigation of breaches of the law, public morality,
public health, town or country planning, the development and utilisation of mineral resources, or the development or utilisation of any
other property in such a manner as to promote the public benefit;
(b)for the purpose of protecting the rights or freedoms of other persons;
(c)for the purpose of authorising an officer or agent of the Government, a provincial government authority or a body corporate
established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon
for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises
and that belongs to the Government, that authority or that body corporate, as the case may be;
(d)for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the
judgment or order of a court in any proceedings; or
(e)for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences,
and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
10.Provisions to secure protection of law.
(1)If any person is charged with a criminal offence, then, unless the charge is withdrawn, that person shall be afforded a fair hearing
within a reasonable time by an independent and impartial court established by law.
(2)Every person who is charged with a criminal offence-
(a)shall be presumed to be innocent until he is proved or has pleaded guilty;
(b)shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence
charged;
(c)shall be given adequate time and facilities for the preparation of his defence;
(d)shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;
(e)shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the
court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same
conditions as those applying to witnesses called by the prosecution; and
(f)shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of
the charge,
and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the
continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in
his absence.
(3)When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so
requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment
a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4)No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is severe in degree or description that than
maximum penalty that might have been imposed for that offence at the time when its was committed.
(5)No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall
again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence,
save upon the order of a superior court in the course of a appeal or review proceedings relating to the conviction or acquittal.
(6)No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7)No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8)Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or
obligation shall be established or recognised by law and shall be independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court or other adjudicating authority, that person shall be given a fair hearing
within a reasonable time.
(9)Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the
existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision
of the court or other authority, shall be held in public.
(10)Nothing in the preceding subsection shall prevent the court or other adjudicating authority from excluding from the proceedings
persons other than the parties thereto and their legal representatives to such extent as the court or other authority-
(a)may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the
interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age
of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
(b)may by law be empowered or required so to do in the interests of defence, public safety or public order.
(11)Nothing contained in or done under the authority of any law shall beheld to be inconsistent with or in contravention of-
(a)subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the
burden of proving particular facts;
(b)subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if
witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c)subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a
criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so,
however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any
punishment awarded him under that disciplinary law.
11.Protection of freedom of conscience.
(1)Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of
this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either
alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship,
teaching, practice and observance.
(2)Every religious community shall be entitled, as it own expense, to establish and maintain places of education and to manage any
place of education which it wholly maintains.
(3)No religious community shall be prevented from providing religious instruction for persons of that community in the course of an
education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.
(4)Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no
person attending any place of education shall be required to receive religious instruction or take part in or attend any religious
ceremony or observance if that instruction, or observance relates to a religion other than his own.
(5)No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is
contrary to his religion or belief.
(6)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision which is reasonably required-
(a)in the interests of defence, public safety, public order, public morality or public health; or
(b)for the purpose of protecting the rights and freedoms of other persons, including the right to practise and observe any religion
without the unsolicited intervention of members of any other religion,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
(7)Nothing in this section shall affect the power of Parliament to prescribe the curriculum and related matters in all places of education
within Solomon Islands.
(8)References in this section to a religion shall be construed as including references to a religious denomination, and cognate
expressions shall be construed accordingly.
12.Protection of freedom of expression.
(1)Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of
this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information
without interference, freedom to communicate ideas and information without interference and freedom from interference with his
correspondence.
(2)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or incontravention of this section
to the extent that the law in question makes provision-
(a)in the interest of defence, public safety, public order, public morality or public health;
(b)for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the
courts, or regulating the administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television;
or
(c)that imposes restrictions upon public officers,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
13.Protection of freedom of assembly and association.
(1)Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to
say, his right to assembly freely and associate with other persons and in particular to form or belong to political parties or to form or
belong to trade unions or other associations for the protection of his interests.
(2)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision-
(a)in the interests of defence, public safety, public order, public morality or public health;
(b)for the purpose of protecting the rights or freedoms of other persons; or
(c)that imposes restrictions upon public officers,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
14.Protection of freedom of movement.
(1)No person shall be deprived of his freedom of movement, and for the purposes of this section the sad freedom means the right to
move freely throughout Solomon Islands, the right to reside in any part of Solomon Islands, the right to enter Solomon Islands and
immunity from expulsion from Solomon Islands.
(2)Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with
or in contravention of this section.
(3)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision-
(a)for the imposition of restrictions on the movement or residence within Solomon Islands of any person or on any person's right to
leave Solomon Islands that are reasonably required in the interests of defence, public safety or public order;
(b)for the imposition of restrictions on the movement or residence within Solomon Islands or on the right to leave Solomon Islands of
persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public
morality or public health;
(c)for the imposition of restrictions on the movement or residence within Solomon Islands of any person who is not a citizen of
Solomon Islands or the exclusion or expulsion from Solomon Islands of any such person;
(d)for the imposition of restrictions on the acquisition or use by any person of land or other property in Solomon Islands;
(e)for the imposition of restrictions upon the movement or residence within Solomon Islands of public officers;
(f)for the removal of a person from Solomon Islands to be tried or punished in some other country for a criminal offence under the
law of that other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a
criminal offence under the law in force in Solomon Islands of which he has been convicted; or
(g)for the imposition of restrictions, by order of a court, on the movement or residence within Solomon Islands of any person or on
any person's right to leave Solomon Islands either in consequence of his having been found guilty of a criminal offence under the law
in force in Solomon Islands or for the purpose of ensuring that he appears before a court at a later date for trial or for proceedings
relating to his extradition or lawful removal from Solomon Islands,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
(4)If any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in subsection (3)
(a) or (b) of this section so requests at any time during the period of that restriction not earlier than six months after he last made such
a request during that period, his case shall be reviewed by an independent and impartial tribunal presided over by a person, qualified to
be admitted to practise in Solomon Islands as an advocate or as a barrister and solicitor, appointed by the Chief Justice.
(5)On any review by a tribunal in pursuance of the preceding subsection of the case of a person whose freedom of movement has
been restricted, the decision of the tribunal concerning the necessity or expediency of continuing the restriction shall be binding on the
authority by which it was ordered.
15.Protection from discrimination on grounds of race, etc.
(1)Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory
either of itself or in its effect.
(2)Subject to the provisions of subsections (7), (8) and (9) of this section, no person shall be treated in a discriminatory manner by
any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3)Subject to the provisions of subsection (9) of this section, no person shall be treated in a discriminatory manner in respect of
access to shops, hotels, lodging-houses, public restaurants, eating-houses or places of public entertainment or in respect of access to
places of public resort maintained wholly or partly out of public funds or dedicated to the use of the general public.
(4)In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or
mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such
description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are
accorded privileges or advantages which are not accorded to person of another such description.
(5)Subsection (1) of this section shall not apply to any law so far as that law makes provision-
(a)for the imposition of taxation or the appropriation of revenue by the Government or any provincial government or assembly for
local purposes;
(b)with respect to persons who are not citizens of Solomon Islands;
(c)for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons
connected with such person), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other
like matters that is the personal law applicable to persons of that description;
(d)for the application of customary law;
(e)with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes;
(f)for the advancement of the more disadvantaged members of the community; or
(g)whereby persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or
restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to
those persons or to persons of nay other such description, is reasonably justifiable in a democratic society.
(6)Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent
that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race,
place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public
service, any office in a disciplined force, any office in the service of a provincial government or any office in a body corporate
established directly by any law for public purposes, or who wishes to engage in any trade or business.
(7)Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by
any such provision of law as is referred to in subsection (5) or (6) of this section.
(8)Subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under this Constitution or any other law.
(9)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (4) of
this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14 of this
Constitution, being such a restriction as is authorised by section 9(2), 11(6), 12(2), 13(2) or 14(3), as the case may be.
16.Provisions for periods of public emergency.
(1)In this Chapter "period of public emergency" means any period during which-
(a)Solomon Islands is at war; or
(b)there is in force a declaration made under the provisions of this section.
(2)The Governor-General may at any time by proclamation declare that a state of public emergency exists and as soon as practicable
shall publish such proclamation in the Gazette.
(3)A declaration made under subsection (2) of this section shall cease to have effect on the expiration of a period of seven days
commencing with the day on which the declaration is made unless before the expiration of that period it has been approved by a
resolution of Parliament supported by the votes of at least two-thirds of all the members thereof;
Provided that, if a declaration is made during any period when Parliament is not sitting, Parliament shall be convened not later than two
weeks after the day on which the declaration is made and the period of seven days referred to in this subsection shall commence on
the day on which Parliament convened.
(4)A declaration made under subsection (2) of this section may at any time before it has been approved by a resolution of Parliament
be revoked by the Governor-General by a proclamation published in the Gazette.
(5)A declaration made under subsection (2) of this section and approved by a resolution of Parliament under subsection (3) shall
continue in force until the expiration of a period of four months commencing with the day on which the declaration is made or until
such earlier date as may be specified in the resolution.
(6)Notwithstanding the provisions of subsection (5) of this section, a declaration made under subsection (2) and approved by a
resolution of Parliament under subsection (3) may at any time be revoked by a resolution of Parliament supported by the votes of a
majority of all the members thereof.
(7)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention f section 5, 6
(2), 9, 11, 12, 13, 14 or 15 of this constitution to the extent that the law in question makes in relation to any period of public
emergency provision, or authorises the doing during any such period of any thing, that is reasonably justifiable in the circumstances of
any situation arising or existing during the period for the purpose of dealing with that situation.
(8)Where a person is detained by virtue of a law authorises the taking during a period of public emergency of measures that are
reasonably justifiable for the purpose of dealing with the situation that exists in Solomon Islands during that period, the following
provisions shall apply, that is to say-
(a)he shall, as soon as reasonably practicable, be furnished with a statement in writing, in a language that he understands, specifying in
detail the grounds upon which he is detained;
(b)the announcement of his detention shall be made as soon as possible, and not more than fourteen days after the commencement of
his detention a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of
law under which his detention is authorised;
(c)not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than
six months, his case shall be reviewed by an independent and impartial tribunal established by law consisting of a Chairman appointed
by the Chief Justice and two other persons appointed by the Judicial and Legal Service Commission;
(d)he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make
representations to the tribunal; and
(e)at the hearing of his case by the tribunal he shall be permitted to appear in person or by a legal representative of his own choice.
(9)On any review by a tribunal in pursuance of subsection (8) of this section of the case of a detained person, the decision of the
tribunal concerning the necessity or expediency of continuing his detention shall be binding on the authority by which it was ordered.
(10)Nothing contained in paragraph (d) or (e) of subsection (8) of this section shall be construed as entitling a person to legal
representation at public expense.
17.Compensation for contravention of rights and freedoms.
Any person any of whose rights or freedoms under this Chapter has been contravened shall be entitled to compensation for the
contravention thereof from the person or authority which contravened it.
18.Enforcement of protective provisions.
(1)Subject to the provisions of subsection (6) of this section, if any person alleges that any of the provisions of sections 3 to 16
(inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is
detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to nay other action
with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2)The High Court shall have original jurisdiction-
(a)to hear and determine any application made by any person in pursuance of the preceding subsection;
(b)to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection,
and may make such orders, issue such writs and give such directions, including the payment of compensation, as it may consider
appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 16 (inclusive) of this
Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress
for the contravention alleged are or have been available to the person concerned under any other law.
(3)If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 3 to
16 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer
the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(4)Any person aggrieved by any determination of the High Court under this section may appeal therefrom to the Court of Appeal:
Provided that no appeal shall lie from a determination of the High Court under this section dismissing an application on the ground that
it is frivolous or vexatious.
(5)Parliament may confer upon the High Court powers additional to those conferred by this section for the purpose of enabling that
court more effectively to exercise the jurisdiction conferred upon it by this section.
(6)Rules of court making provision with respect to the practice and procedure of the High Court in relation to the jurisdiction
conferred on it by or under this section (including rules with respect to the time within which any application or reference shall or may
be made or brought) may be made by the person or authority for the time being having power to make rules of court with respect to
the practice and procedure of that court generally.
19.Interpretation and savings.
(1)In this Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be
construed accordingly;
"court" means any court of law having jurisdiction in Solomon Islands, other than a court established by a disciplinary law, and
includes in sections 4 and 6 of this Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
(a)any naval, military or air force;
(b)the Solomon Islands Fire Service;
(c)the Prisons Service;
(d)the Marine Division;
(e)the Police Force;
(f)the Special Constabulary; or
(g)any other constabulary or police force established by Parliament;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to
that discipline.
(2)Nothing contained in sections 12, 13 and 14 of this Constitution shall be construed as precluding inclusion in the terms and
conditions of service of public officers of reasonable requirements as to their communication or association with other persons or as
to their movements or residence.
(3)In relation to any person who is a member of a disciplined force of Solomon Islands, nothing contained in or done under the
authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this
Chapter other than sections 4, 6, 7, 8 and 15.
(4)In relation to any person who is a member of a disciplined force that is not a disciplined force of Solomon Islands and who is
present in Solomon Islands in pursuance of arrangements made between the Government of Solomon Islands and another Government
or an international organisation, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this Chapter.
(5)No measure taken in relation to a person who is a member of a disciplined force of a country with which Solomon Islands is at war
and no law, to the extent that it authorises the taking of any such measures, shall be held to be inconsistent with or in contravention of
any of the provisions of this Chapter.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
3.Fundamental rights and freedoms of the individual.
Whereas every person in Solomon Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right,
whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for rights and freedoms of others and
for the public interest, to each and all of the following, namely:-
(a)life, liberty, security of the person and the protection of the law;
(b)freedom of conscience, of expression and of assembly and association; and
(c)protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such
limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said
rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
4.Protection of right to life.
(1)No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence
under the law in force in Solomon Islands of which he has been convicted.
(2)A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use,
to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-
(a)for the defence of any person from violence or for the defence of property;
(b)in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c)for the purpose of suppressing a riot, insurrection or mutiny; or
(d)in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
5.Protection of right to personal liberty.
(1)No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say-
(a)in consequence of his unfitness to plead to a criminal charge;
(b)in execution of the sentence or order of a court, whether established for Solomon Islands or some other country, in respect of a
criminal offence of which he has been convicted;
(c)in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it;
(d)in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(e)for the purpose of bringing him before a court in execution of the order of a court;
(f)upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Solomon
Islands;
(g)in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent
or guardian, for the purpose of his education or welfare;
(h)for the purpose of preventing the spread of an infectious or contagious disease;
(i)in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the
purpose of his care or treatment or the protection of the community;
(j)for the purpose of preventing the unlawful entry of that person into Solomon Islands, or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from Solomon Islands or for the purpose of restricting that person while he is being
conveyed through Solomon Islands in the course of his extradition or removal as a convicted prisoner from one country to another; or
(k)to such extent as may be necessary in the execution of a lawful order of a court requiring that person to remain within a specified
area within Solomon Islands or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for
the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably
justifiable for restraining that person during any visit that he is permitted to make to any part of Solomon Islands in which, in
consequence of any such order, his presence would otherwise be unlawful.
(2)Any person who is arrested or detained shall be informed as soon as reasonably practicable, and in a language that he understands,
of the reasons for his arrest or detention.
(3)Any person who is arrested or detained-
(a)for the purpose of bringing him before a court in execution of the order of a court; or
(b)upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Solomon
Islands,
and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable
suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without
prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for
proceedings preliminary to trial.
6.Protection from slavery and forced labour.
(1)No person shall be held in slavery or servitude.
(2)No person shall be required to perform forced labour.
(3)For the purposes of this section, the expression “forced labour” does not include-
(a)any labour required in consequence of the sentence or order of a court;
(b)any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of
a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c)any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has
conscientious objections to service as a member of a naval, military or air force, any labour that person is required by law to perform
in place of such service;
(d)any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life
and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any
situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with the
situation; or
(e)any labour reasonably required as part of reasonable and normal communal or other civic obligations.
7.Protection from inhuman treatment.
No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
8.Protection from deprivation of property.
(1)No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any
description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-
(a)the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public
morality, public health, town or country planning or the development or utilisation of any property in such a manner as to promote the
public benefit; and
(b)there is reasonable justification for the causing of any hardship that may result to any person having as interest in or right over the
property; and
(c)provision is made by a law applicable to that taking of possession or acquisition-
(i)for the payment of reasonable compensation (the valuable consideration of which may take the form of cash or some other form
and may be payable by way of lump sum or by instalments) within a reasonable period of time having due regard to all the relevant
circumstances; and
(ii)securing to any person having an interest in or right over the property a right of access of access to the High Court, whether direct
or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or
acquisition of the property, interest or right, and the reasonableness of the compensation and the period of time within which it shall be
paid.
(2)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section-
(a)to the extent that the law in question makes provision for the taking of possession or acquisition of any property-
(i)in satisfaction of any tax, rate or duty;
(ii)by way of penalty for breach of the law or forfeiture in consequence of a breach of the law;
(iii)as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv)in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
(v)in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of
human beings, animals or plants;
(vi)in consequence of any law with respect to the limitation of actions or acquisitive prescription; or
(vii)for so long only as may be necessary for the purposes of any examination, investigation, trial or enquiry or, in the case of land, the
carrying out thereon-
(A)of work of soil conservation or of conservation of other natural resources; or
(B)of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has
without reasonable excuse refused or failed, to carry out,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society; or
(b)to the extent that the law in question makes provision for the taking of possession or acquisition of-
(i)enemy property;
(ii)property of a deceased person, a person of unsound mind, a person who has not attained the age of twenty-one years or a person
who is absent from Solomon Islands, for the purpose of its administration for the benefit of the persons entitled to the beneficial
interest therein;
(iii)property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit
of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial
interest in the property; or
(iv)property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating
the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3)Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession
in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property,
where that property, interest or right is held by a body corporate established for public purposes by any law and in which no moneys
have been invested other than moneys provided by the Government.
9.Protection for privacy of home and other property.
(1)Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his
premises.
(2)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision-
(a)in the interests of defence, public safety, public order, the prevention and investigation of breaches of the law, public morality,
public health, town or country planning, the development and utilisation of mineral resources, or the development or utilisation of any
other property in such a manner as to promote the public benefit;
(b)for the purpose of protecting the rights or freedoms of other persons;
(c)for the purpose of authorising an officer or agent of the Government, a provincial government authority or a body corporate
established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon
for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises
and that belongs to the Government, that authority or that body corporate, as the case may be;
(d)for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the
judgment or order of a court in any proceedings; or
(e)for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences,
and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
10.Provisions to secure protection of law.
(1)If any person is charged with a criminal offence, then, unless the charge is withdrawn, that person shall be afforded a fair hearing
within a reasonable time by an independent and impartial court established by law.
(2)Every person who is charged with a criminal offence-
(a)shall be presumed to be innocent until he is proved or has pleaded guilty;
(b)shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence
charged;
(c)shall be given adequate time and facilities for the preparation of his defence;
(d)shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;
(e)shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the
court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same
conditions as those applying to witnesses called by the prosecution; and
(f)shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of
the charge,
and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the
continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in
his absence.
(3)When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so
requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment
a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4)No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is severe in degree or description that than
maximum penalty that might have been imposed for that offence at the time when its was committed.
(5)No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall
again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence,
save upon the order of a superior court in the course of a appeal or review proceedings relating to the conviction or acquittal.
(6)No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7)No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8)Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or
obligation shall be established or recognised by law and shall be independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court or other adjudicating authority, that person shall be given a fair hearing
within a reasonable time.
(9)Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the
existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision
of the court or other authority, shall be held in public.
(10)Nothing in the preceding subsection shall prevent the court or other adjudicating authority from excluding from the proceedings
persons other than the parties thereto and their legal representatives to such extent as the court or other authority-
(a)may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the
interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age
of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
(b)may by law be empowered or required so to do in the interests of defence, public safety or public order.
(11)Nothing contained in or done under the authority of any law shall beheld to be inconsistent with or in contravention of-
(a)subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the
burden of proving particular facts;
(b)subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if
witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c)subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a
criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so,
however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any
punishment awarded him under that disciplinary law.
11.Protection of freedom of conscience.
(1)Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of
this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either
alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship,
teaching, practice and observance.
(2)Every religious community shall be entitled, as it own expense, to establish and maintain places of education and to manage any
place of education which it wholly maintains.
(3)No religious community shall be prevented from providing religious instruction for persons of that community in the course of an
education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.
(4)Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no
person attending any place of education shall be required to receive religious instruction or take part in or attend any religious
ceremony or observance if that instruction, or observance relates to a religion other than his own.
(5)No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is
contrary to his religion or belief.
(6)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision which is reasonably required-
(a)in the interests of defence, public safety, public order, public morality or public health; or
(b)for the purpose of protecting the rights and freedoms of other persons, including the right to practise and observe any religion
without the unsolicited intervention of members of any other religion,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
(7)Nothing in this section shall affect the power of Parliament to prescribe the curriculum and related matters in all places of education
within Solomon Islands.
(8)References in this section to a religion shall be construed as including references to a religious denomination, and cognate
expressions shall be construed accordingly.
12.Protection of freedom of expression.
(1)Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of
this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information
without interference, freedom to communicate ideas and information without interference and freedom from interference with his
correspondence.
(2)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or incontravention of this section
to the extent that the law in question makes provision-
(a)in the interest of defence, public safety, public order, public morality or public health;
(b)for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the
courts, or regulating the administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television;
or
(c)that imposes restrictions upon public officers,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
13.Protection of freedom of assembly and association.
(1)Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to
say, his right to assembly freely and associate with other persons and in particular to form or belong to political parties or to form or
belong to trade unions or other associations for the protection of his interests.
(2)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision-
(a)in the interests of defence, public safety, public order, public morality or public health;
(b)for the purpose of protecting the rights or freedoms of other persons; or
(c)that imposes restrictions upon public officers,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
14.Protection of freedom of movement.
(1)No person shall be deprived of his freedom of movement, and for the purposes of this section the sad freedom means the right to
move freely throughout Solomon Islands, the right to reside in any part of Solomon Islands, the right to enter Solomon Islands and
immunity from expulsion from Solomon Islands.
(2)Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with
or in contravention of this section.
(3)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision-
(a)for the imposition of restrictions on the movement or residence within Solomon Islands of any person or on any person's right to
leave Solomon Islands that are reasonably required in the interests of defence, public safety or public order;
(b)for the imposition of restrictions on the movement or residence within Solomon Islands or on the right to leave Solomon Islands of
persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public
morality or public health;
(c)for the imposition of restrictions on the movement or residence within Solomon Islands of any person who is not a citizen of
Solomon Islands or the exclusion or expulsion from Solomon Islands of any such person;
(d)for the imposition of restrictions on the acquisition or use by any person of land or other property in Solomon Islands;
(e)for the imposition of restrictions upon the movement or residence within Solomon Islands of public officers;
(f)for the removal of a person from Solomon Islands to be tried or punished in some other country for a criminal offence under the
law of that other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a
criminal offence under the law in force in Solomon Islands of which he has been convicted; or
(g)for the imposition of restrictions, by order of a court, on the movement or residence within Solomon Islands of any person or on
any person's right to leave Solomon Islands either in consequence of his having been found guilty of a criminal offence under the law
in force in Solomon Islands or for the purpose of ensuring that he appears before a court at a later date for trial or for proceedings
relating to his extradition or lawful removal from Solomon Islands,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
(4)If any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in subsection (3)
(a) or (b) of this section so requests at any time during the period of that restriction not earlier than six months after he last made such
a request during that period, his case shall be reviewed by an independent and impartial tribunal presided over by a person, qualified to
be admitted to practise in Solomon Islands as an advocate or as a barrister and solicitor, appointed by the Chief Justice.
(5)On any review by a tribunal in pursuance of the preceding subsection of the case of a person whose freedom of movement has
been restricted, the decision of the tribunal concerning the necessity or expediency of continuing the restriction shall be binding on the
authority by which it was ordered.
15.Protection from discrimination on grounds of race, etc.
(1)Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory
either of itself or in its effect.
(2)Subject to the provisions of subsections (7), (8) and (9) of this section, no person shall be treated in a discriminatory manner by
any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3)Subject to the provisions of subsection (9) of this section, no person shall be treated in a discriminatory manner in respect of
access to shops, hotels, lodging-houses, public restaurants, eating-houses or places of public entertainment or in respect of access to
places of public resort maintained wholly or partly out of public funds or dedicated to the use of the general public.
(4)In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or
mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such
description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are
accorded privileges or advantages which are not accorded to person of another such description.
(5)Subsection (1) of this section shall not apply to any law so far as that law makes provision-
(a)for the imposition of taxation or the appropriation of revenue by the Government or any provincial government or assembly for
local purposes;
(b)with respect to persons who are not citizens of Solomon Islands;
(c)for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons
connected with such person), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other
like matters that is the personal law applicable to persons of that description;
(d)for the application of customary law;
(e)with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes;
(f)for the advancement of the more disadvantaged members of the community; or
(g)whereby persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or
restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to
those persons or to persons of nay other such description, is reasonably justifiable in a democratic society.
(6)Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent
that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race,
place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public
service, any office in a disciplined force, any office in the service of a provincial government or any office in a body corporate
established directly by any law for public purposes, or who wishes to engage in any trade or business.
(7)Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by
any such provision of law as is referred to in subsection (5) or (6) of this section.
(8)Subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under this Constitution or any other law.
(9)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (4) of
this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14 of this
Constitution, being such a restriction as is authorised by section 9(2), 11(6), 12(2), 13(2) or 14(3), as the case may be.
16.Provisions for periods of public emergency.
(1)In this Chapter "period of public emergency" means any period during which-
(a)Solomon Islands is at war; or
(b)there is in force a declaration made under the provisions of this section.
(2)The Governor-General may at any time by proclamation declare that a state of public emergency exists and as soon as practicable
shall publish such proclamation in the Gazette.
(3)A declaration made under subsection (2) of this section shall cease to have effect on the expiration of a period of seven days
commencing with the day on which the declaration is made unless before the expiration of that period it has been approved by a
resolution of Parliament supported by the votes of at least two-thirds of all the members thereof;
Provided that, if a declaration is made during any period when Parliament is not sitting, Parliament shall be convened not later than two
weeks after the day on which the declaration is made and the period of seven days referred to in this subsection shall commence on
the day on which Parliament convened.
(4)A declaration made under subsection (2) of this section may at any time before it has been approved by a resolution of Parliament
be revoked by the Governor-General by a proclamation published in the Gazette.
(5)A declaration made under subsection (2) of this section and approved by a resolution of Parliament under subsection (3) shall
continue in force until the expiration of a period of four months commencing with the day on which the declaration is made or until
such earlier date as may be specified in the resolution.
(6)Notwithstanding the provisions of subsection (5) of this section, a declaration made under subsection (2) and approved by a
resolution of Parliament under subsection (3) may at any time be revoked by a resolution of Parliament supported by the votes of a
majority of all the members thereof.
(7)Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention f section 5, 6
(2), 9, 11, 12, 13, 14 or 15 of this constitution to the extent that the law in question makes in relation to any period of public
emergency provision, or authorises the doing during any such period of any thing, that is reasonably justifiable in the circumstances of
any situation arising or existing during the period for the purpose of dealing with that situation.
(8)Where a person is detained by virtue of a law authorises the taking during a period of public emergency of measures that are
reasonably justifiable for the purpose of dealing with the situation that exists in Solomon Islands during that period, the following
provisions shall apply, that is to say-
(a)he shall, as soon as reasonably practicable, be furnished with a statement in writing, in a language that he understands, specifying in
detail the grounds upon which he is detained;
(b)the announcement of his detention shall be made as soon as possible, and not more than fourteen days after the commencement of
his detention a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of
law under which his detention is authorised;
(c)not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than
six months, his case shall be reviewed by an independent and impartial tribunal established by law consisting of a Chairman appointed
by the Chief Justice and two other persons appointed by the Judicial and Legal Service Commission;
(d)he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make
representations to the tribunal; and
(e)at the hearing of his case by the tribunal he shall be permitted to appear in person or by a legal representative of his own choice.
(9)On any review by a tribunal in pursuance of subsection (8) of this section of the case of a detained person, the decision of the
tribunal concerning the necessity or expediency of continuing his detention shall be binding on the authority by which it was ordered.
(10)Nothing contained in paragraph (d) or (e) of subsection (8) of this section shall be construed as entitling a person to legal
representation at public expense.
17.Compensation for contravention of rights and freedoms.
Any person any of whose rights or freedoms under this Chapter has been contravened shall be entitled to compensation for the
contravention thereof from the person or authority which contravened it.
18.Enforcement of protective provisions.
(1)Subject to the provisions of subsection (6) of this section, if any person alleges that any of the provisions of sections 3 to 16
(inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is
detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to nay other action
with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2)The High Court shall have original jurisdiction-
(a)to hear and determine any application made by any person in pursuance of the preceding subsection;
(b)to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection,
and may make such orders, issue such writs and give such directions, including the payment of compensation, as it may consider
appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 16 (inclusive) of this
Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress
for the contravention alleged are or have been available to the person concerned under any other law.
(3)If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 3 to
16 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer
the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(4)Any person aggrieved by any determination of the High Court under this section may appeal therefrom to the Court of Appeal:
Provided that no appeal shall lie from a determination of the High Court under this section dismissing an application on the ground that
it is frivolous or vexatious.
(5)Parliament may confer upon the High Court powers additional to those conferred by this section for the purpose of enabling that
court more effectively to exercise the jurisdiction conferred upon it by this section.
(6)Rules of court making provision with respect to the practice and procedure of the High Court in relation to the jurisdiction
conferred on it by or under this section (including rules with respect to the time within which any application or reference shall or may
be made or brought) may be made by the person or authority for the time being having power to make rules of court with respect to
the practice and procedure of that court generally.
19.Interpretation and savings.
(1)In this Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be
construed accordingly;
"court" means any court of law having jurisdiction in Solomon Islands, other than a court established by a disciplinary law, and
includes in sections 4 and 6 of this Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
(a)any naval, military or air force;
(b)the Solomon Islands Fire Service;
(c)the Prisons Service;
(d)the Marine Division;
(e)the Police Force;
(f)the Special Constabulary; or
(g)any other constabulary or police force established by Parliament;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to
that discipline.
(2)Nothing contained in sections 12, 13 and 14 of this Constitution shall be construed as precluding inclusion in the terms and
conditions of service of public officers of reasonable requirements as to their communication or association with other persons or as
to their movements or residence.
(3)In relation to any person who is a member of a disciplined force of Solomon Islands, nothing contained in or done under the
authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this
Chapter other than sections 4, 6, 7, 8 and 15.
(4)In relation to any person who is a member of a disciplined force that is not a disciplined force of Solomon Islands and who is
present in Solomon Islands in pursuance of arrangements made between the Government of Solomon Islands and another Government
or an international organisation, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this Chapter.
(5)No measure taken in relation to a person who is a member of a disciplined force of a country with which Solomon Islands is at war
and no law, to the extent that it authorises the taking of any such measures, shall be held to be inconsistent with or in contravention of
any of the provisions of this Chapter.
In 1893, the United Kingdom established a protectorate over the Solomon Islands. During
World War II the Japanese occupied the Solomon Islands which saw some of the heaviest
combat in the Pacific. After World War II, the British returned, establishing a constitution in
1974 creating a parliamentary democracy framework. On 2 January 1976 the Solomon
Islands became self-governing and declared its independence 7 July 1978. Civil unrest
broke out in June 2002 forcing the resignation of the prime minster. Further unrest broke out
in the capital in 2006. The present constitution conforms to the 1948 Universal Declaration of
Human Rights of which the Solomon Islands is a signatory. Those passages specifically
relating to human rights are detailed below. An initiative is currently underway to severe the
Solomon Islands from the Commonwealth and to evolve into a republic. The draft
constitution of that initiative can be found here. For a full English translation of Solomon
Islands' current constitution, click here.
World War II the Japanese occupied the Solomon Islands which saw some of the heaviest
combat in the Pacific. After World War II, the British returned, establishing a constitution in
1974 creating a parliamentary democracy framework. On 2 January 1976 the Solomon
Islands became self-governing and declared its independence 7 July 1978. Civil unrest
broke out in June 2002 forcing the resignation of the prime minster. Further unrest broke out
in the capital in 2006. The present constitution conforms to the 1948 Universal Declaration of
Human Rights of which the Solomon Islands is a signatory. Those passages specifically
relating to human rights are detailed below. An initiative is currently underway to severe the
Solomon Islands from the Commonwealth and to evolve into a republic. The draft
constitution of that initiative can be found here. For a full English translation of Solomon
Islands' current constitution, click here.