The rights of lesbian, bisexual, transgender, and intersex (LBTI) people are not recognised in the Solomon Islands. Section 160 and 161 of the Penal Code criminalises “buggery” and “attempt to commit unnatural offences” and 162 punishes “gross indecency” in public or private.
The Solomon Islands does not recognise same-sex unions in any form. Intersex and transgender people do not have explicit legal protection.
In its second cycle of Universal Periodic Review (UPR), the Solomon Islands rejected six recommendations regarding decriminalisation and anti-discrimination legislation inclusive of SOGIESC.
The last State party report was submitted in 2011 and contained a mention of LBTI people. The state compared the punishments between men and women engaging in same sex conduct and how women are more vulnerable, and therefore discriminated against. ‘An example is section 162(a) of the Penal Code 1966 which provides: “any person who, whether in public or private, commits any act of gross indecency with another of the same sex commits an offence”. The provision provides a maximum penalty of five years imprisonment. This provision applies to both men and women. It discriminates against women and men in same sex relationships and makes them liable to criminal penalty. Compared to men in same sex relationships, women in same sex relationships are more vulnerable.”
The CEDAW Committee has not provided any SOGIESC-focused recommendations to the Solomon Islands. The Concluding Observations did not have any observations towards the situation of LBTI rights in the State party. The List of Issues also does not contain LBTI-inclusive questions.
The CEDAW Committee provided a few general recommendations to all women under the Convention, and therefore, can be read to include LBTI constituencies. The Committee urged the State party to legalise abortion and improve access of all women to sexual and reproductive health rights; provide access to justice and support towards women who are victims of trafficking, “prostitution” and gender-based violence.