Solomon Islands

Overview

Self-government from the United Kingdom was achieved in Solomon Islands in 1976 and independence two years later. Ethnic violence, government malfeasance, and endemic crime have undermined stability and civil society. In June 2003, then Prime Minister Sir Allen Kemakeza sought the assistance of Australia in re-establishing law and order; the following month, an Australian-led multinational force arrived to restore peace and disarm ethnic militias. The Regional Assistance Mission to the Solomon Islands (RAMSI) has generally been effective in restoring law and order and rebuilding government institutions.

The capital of Solomon Islands is Honiara.

Government

Solomon Islands is a parliamentary democracy with H.M Elizabeth II as head of state. The head of state is represented by Governor General Nathaniel Waena. The Cabinet consists of 20 members appointed by the governor general on the advice of the prime minister from among the members of Parliament. The Solomon Islands has a unicameral National Parliament with 50 seats. Members are elected from single-member constituencies by popular vote to serve four-year terms.

On 5 April 2006, Solomon Islands held its first national elections since RAMSI's arrival. On 18 April 2006, former Deputy Prime Minister, Snyder Rini, was elected Prime Minister by the newly-constituted Solomon Islands parliament. The announcement of Rini as Prime Minister triggered an outbreak of civil unrest in Honiara. The unrest resulted in significant destruction of property, including the burning and looting of shops, hotels and vehicles. Police and military from Australia and other regional partners in RAMSI worked together with the SIPF to restore calm in the capital. On 26 April 2006, Snyder Rini resigned as Prime Minister. On 4 May 2006, Manasseh Sogavare was elected and sworn in as Prime Minister. He defeated the Caretaker Government’s candidate, Fred Fono. On 5 May, Manasseh Sogavare announced his Cabinet.

Demography

The population of Solomon Islands is 566,842. Forty-one per cent of the population is aged fourteen or less. The median age is nineteen years. The main language of Solomon Islands is Melanesian pidgin. English is the official language but is spoken by only one to two per cent of the population. There are 120 indigenous languages.

Economy

In 2005 the GDP per capita was US $600. The majority of the population depends on agriculture, fishing, and forestry for at least part of its livelihood. Most manufactured goods and petroleum products are imported. The islands are rich in undeveloped mineral resources such as lead, zinc, nickel, and gold. Prior to the arrival of the RAMSI, the severe ethnic violence, closure of key businesses, and an empty government treasury led to an economic collapse. RAMSIs efforts to restore law and order and economic stability have led to modest growth as the economy rebuilds.

Legal System

Court structure and the legal system

The hierarchy of the courts follows the standard model of inferior court, superior court, and appeal court. Separate courts deal with customary land and minor local disputes. The Customary Land Appeal Court may receive appeals from the Local courts. Appeals from the Customary Land Appeal Court to the High Court are allowed on points of law only.

Judiciary

The Court of Appeal is constituted by a President and Justices of Appeal together with the Chief Justice and the puisne judges of the High Court. The High Court consists of the Chief Justice and puisne judges. Magistrates’ courts are constituted by a principal magistrate or magistrate of the relevant class sitting alone. The Local courts are established by the Chief Justice’s warrant under the Local Courts Act [Cap 19]. The customary land appeal court consists of a President, Vice-President and not less than three other members of whom at least one is a Magistrate. Members of the Customary Land Appeal Court are appointed by the Chief Justice.

Custom and the influence on the legal system

The Constitution of Solomon Islands explicitly recognizes customary law and states that it will have effect as part of the law of Solomon Islands.

The Customary Land Appeal Court is established to deal with appeals from the Local courts regarding appeals regarding customary land as determined by its jurisdiction pursuant to the Land and Titles Act [Cap 133].