SOLOMON ISLANDS, Disability Country Profile
 CONSTITUTION The Solomon Islands were constituted as a sovereign democratic state in 1968. HUMAN RIGHTS The Constitution provides for the protection of fundamental rights and freedoms but does not specifically mention disability. The Constitution states that no law shall make any provision that is discriminatory, either of itself or in its effect. Discrimination is defined to mean "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, and suffers a disability because of these factors." There is no direct ground of discrimination relating to physical, mental or intellectual disability, but there is a qualification that a law that may appear discriminatory will not be considered as such if it is for "the advancement of the more disadvantaged members of the community". It is said that draft legislation is in the process of being prepared to afford greater protection of rights and to create a greater awareness of needs of persons with a disability. The Immigration Act contains a prohibition against a person entering the country if a Government Medical Officer certifies that the person is suffering from a mental disorder, or is a mental defective and that his presence in the Solomon Islands would be a danger to the community. A person can be naturalised as a citizen if he "is of full age and capacity". The Solomon Islands have provision for an Ombudsman in its Constitution, Chapter IX. The actions or inaction of governmental bodies may be reviewed at the discretion of the Ombudsman who may make recommendations for corrective action. The jurisdiction includes reviews of actions which are manifestly unreasonable. Further operative provisions exist. SIGNATORY TO THE UNESCAP PROCLAMATION ON THE FULL PARTICIPATION AND EQUALITY OF PEOPLE WITH DISABILITIES IN THE ASIAN AND PACIFIC REGION Signed in 1994 FOCAL POINT ON DISABILITY WITHIN GOVERNMENT To be determined DISABILITY SPECIFIC LEGISLATION NATIONAL COORDINATION COMMITTEE OR NATIONAL DISABILITY COUNCIL This will be formed when the draft national policy is finalised NATIONAL DISABILITY POLICY AND ACTION-PLAN Draft national policy ahs been prepared by the Ministry of Health through the CBR program, in consultation with persons with disabilities and with technical assistance provided by EPOC, Vanuatu office. DISABILITY STATISTICS AND DATA COLLECTION The 1999 census identified 11,107 persons with disabilities, 80 per cent of whom live in rural areas. More recent data indicate that 85% of the population lives in rural areas in over 5000 villages, and 90% of persons with a disability live in the provinces and rural villages. SELF-HELP ORGANISATIONS There are 2 registered self-help organizations of persons with disabilities. There is a Disabled Persons Association, active in preparation of draft national policy on disability. The Disabled Persons Rehabilitation Association (DPRA) was formed in 1993, was a member of DPI and was active for an extended period before dissolving. It is currently being regenerated under the dynamic leadership of a disabled woman leader, and with support from the CBR programme of the Ministry of Health. FDPA of Fiji has assisted in the process of regeneration and ahs provided technical assistance for this purpose. The Red Cross provides significant assistance, particularly in the area of education. The CBR (Community Based Rehabilitation) under the Ministry of Health receives an annual grant to meet salary costs for workers. WOMEN WITH DISABILITIES A woman from DPRA attended two workshops held for WWD in Fiji in 2003 and 2004. She has since become the President of DPRA. The Solomon islands signed the CRC in 1995 and CEDAW in 2002.A Child Policy and National Plan of Action was formulated in 1994, followed by a National Youth policy in 2000. EARLY DETECTION, EARLY INTERVENTION AND EDUCATION The Red Cross run a Special School for children with disabilities in Honiara. This programme has also had an Early Intervention programme. But it has very limited capacity and resources and government support is very small. There are no educational provisions for children in rural areas. The Education Act establishes an Education Board, and system for registration of schools. The age of entry into schools is 6 up to 9, but there is not a provision making education compulsory. There is nothing in the education law about provision for pupils with a disability, or establishment of special schools or services for pupils with a disability. An Education Strategic Plan 2002-2004 was completed, with the objectives of basic education for all school-aged children in an equitable and non-discriminatory basis. The plan also required studies of the educational needs of persons with a disability and resources required to provide education. The Ministry of Health is charged with providing primary health care services, and the Minister must provide hospitals for persons attending for treatment for illness. Illness is defined to include psychiatric illness, or mental retardation or injury or disability requiring services or treatment. Psychiatric illness is separately defined to be in relation to a person suffering from a mental disorder. The Ministry of Health and Medical Services has a Community Based Rehabilitation programme, intended to operate throughout the Solomons. A study by the Save the Children Fund in 1991 estimated that most of the prevalent disabilities were preventable. More recent evidence shows that the incidence of disability as a result of diabetes and heart disease is increasing, particularly in the over 40 sector of the population. Limited rehabilitation services are delivered at the Central hospital in Honiara The Mental Treatment Act 1970 makes provision for persons suffering from mental disorder or mental defect. This act makes provision for voluntary patients, temporary treatment, or reception on Court order. TRAINING AND EMPLOYMENT There are some income generating activities in rural communities through the CBR programme. Employment law includes provision for maternity leave. There is a Safety at Work Act, where an employer has a duty "to ensure as far as it is reasonably practicable, the health and safety at work of all his employees". The Solomon Islands have a statutory scheme for compensation for employees injured at work, whereby an employer must pay compensation for personal injury by accident in the course of employment, or earnings related compensation for total or partial incapacity, or compensation upon death. These provisions include provision for compensation following occupational diseases. The Solomon Islands have a statutory scheme for compensation for employees injured at work, and to provide for health and safety at work. ACCESS TO BUILT ENVIRONMENTS AND PUBLIC TRANSPORT The Environmental Health Act contains a Part relating to building and housing, but it does not refer to access for persons with a disability. ACCESS TO INFORMATION AND COMMUNICATIONS POVERTY ALLEVIATION There is no social security system or Act. An Asian Development Bank report from 2001 indicates that the Solomons has the second highest rate of poverty in the Pacific states. CRIMINAL LAW Criminal Codes. Under the Criminal Procedure Code, the Court may make an enquiry if it appears an accused is of unsound mind so as is incapable of making his defence. There is a presumption of sanity until proved otherwise. It is a defence if a person under a disease of the mind is labouring under a defect of reason, or is incapable of understanding his act or omission. There is an offence to have sexual intercourse with "any female idiot or imbecile woman or girl…" There is a duty to provide necessaries of life to a person unable to care for themselves by reason of age, sickness, unsoundness of mind…" The Solomon Islands have an Office of the Public Solicitor. The duties include provision of legal aid to persons in need, or at the direction of the High Court, or subject to means testing. OTHER LAW Estates and Administration. The Wills, Probate and Administration Act provides that where a person leaves a Will "without making therein adequate provision for the proper maintenance and support of his spouse or children, the Court may in its discretion order that such provision as the Court thinks just shall be made out of the estate of the testator for the spouse or children." On intestacy, distribution is to spouse and issue equally. Property. Under the Mental Treatment Act, the High Court may make orders for the guardianship and management of the estate of persons of an unsound mind or in a mental hospital. Much of the information in this section was taken from a report prepared in 2002 by Alistair Wilkinson on behalf of UNESCAP, and is acknowledged accordingly. Return to Disability Country Profiles homepage | Disability homepage | Top of Page |
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