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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 195 constitutions from around the world. Experience its wealth and depth of information by starting your search now.

About 56 results

Affirmative Action (Broadly)

Solomon Islands, English

(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.

(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 persons of another such description.
(5) Subsection (1) of this section shall not apply to any law so far as that law makes provision-

(f) for the advancement of the more disadvantaged members of the community; or
(g) where 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 any other such description, is reasonably justifiable in a democratic society.
… (Sec. 15)

Customary Law

Solomon Islands, English

We the people of Solomon Islands, proud of the wisdom and the worthy customs of our ancestors, mindful of our common and diverse heritage and conscious of our common destiny, do now, under the guiding hand of God, establish the sovereign democratic State of Solomon Islands; …
Agree and pledge that –
...
(d) we shall cherish and promote the different cultural traditions within Solomon Islands;
... (Preamble)

Customary Law

Solomon Islands, English

(1) Parliament shall make provision for the application of laws, including customary laws.
(2) In making provision under this section, Parliament shall have particular regard to the customs, values and aspirations of the people of Solomon Islands. (Sec. 75)

Customary Law

Solomon Islands, English

(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.

(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 persons of another such description.
(5) Subsection (1) of this section shall not apply to any law so far as that law makes provision-

(d) for the application of customary law3;
… (Sec. 15)

Customary Law

Solomon Islands, English

(1) Notwithstanding anything contained in the Solomon Islands Independence Order 1978(a) Solomon Islands shall be divided into Honiara city and provinces.
(2) Parliament shall by law -
(a) prescribe the number of provinces, and the boundaries of Honiara city and the provinces after considering the advice of the Constituency Boundaries Commission;
(b) make provision for the government of Honiara city and the provinces and consider the role of traditional chiefs in the provinces. (Sec. 114)

Customary Law

Solomon Islands, English

Until Parliament makes other provision under the preceding section, the provisions of Schedule 3 to this Constitution shall have effect for the purpose of determining the operation in Solomon Islands -
(a) of certain Acts of the Parliament of the United Kingdom mentioned therein;
(b) of the principles and rules of the common law and equity;
(c) of customary law; and
(d) of the legal doctrine of judicial precedent. (Sec. 76)

Customary Law

Solomon Islands, English

(1) Subject to this paragraph, the principles and rules of the common law and equity shall have effect as part of the law of Solomon Islands, save in so far as:-

(c) in their application to any particular matter, they are inconsistent with customary law applying in respect of that matter.
… (Schedule 3, Sec. 2)

Customary Law

Solomon Islands, English

(1) Subject to this paragraph, customary law shall have effect as part of the law of Solomon Islands.
(2) The preceding subparagraph shall not apply in respect of any customary law that is, and to the extent that it is, inconsistent with this Constitution or an Act of Parliament.
(3) An Act of Parliament may:-
(a) provide for the proof and pleading of customary law for any purpose;
(b) regulate the manner in which or the purposes for which customary law may be recognised; and
(c) provide for the resolution of conflicts of customary law.
… (Schedule 3, Sec. 3)

Property, Inheritance and Land Tenure

Solomon Islands, English

Parliament shall provide, in relation to any compulsory acquisition of customary land or any right over or interest in it, that:-
(a) before such land is compulsorily acquired, there shall be prior negotiations with the owner of the land, right or interest;
(b) the owner shall have a right of access to independent legal advice; and
(c) so far as practicable the interest so acquired shall be limited to a fixed-term interest. (Sec. 112)

Property, Inheritance and Land Tenure

Solomon Islands, English

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 the rights and freedoms of others and for the public interest, to each and all of the following, namely:-

(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
… (Sec. 3)