One of the goals of the peace process is to enhance social justice for women and men.
The Solomon Islands government has made significant progress on gender inclusion through the development and endorsement of several key policies acknowledging the contribution and the need to fully include women.
Even though 48 percent of the population are women, there is a clear gap that exists in terms of their access to justice services which is primarily linked to their geographical isolation and associated costs.
The 2019 Access to Justice Study, confirmed that women who live in far flung provinces, do not have the full ability to access the formal justice system. For a country that utilises the formal (through the courts) and informal (through the chiefs) justice systems, women, youth, and people with disabilities were found to not want to engage as often as the men in it the predominant informal process.
Similar to patriarchal communities in the Pacific, reporting domestic violence is low, as this form of assault is not understood as a crime but a private domestic matter.
However, Solomon Islands has made huge strides.
Majority of the male respondents (92 percent) in the study agreed that men were not allowed to use violence against women to resolve disputes, and 87 percent agreed that if violence was used, the perpetrator should be punished. .
In the same study, women and younger people show considerable support for formal justice options, primarily in terms of police showcasing less confidence in justice outcomes administered by chiefs.
Tasked with helping the more than 600,000 Solomon Islanders, the Public Solicitor’s Office (PSO), with its 29 lawyers, is tasked with facilitating the right of citizens to access legal services and representation.
Deployed in 2020 through the United Nations Development Programme (UNDP), Community Legal Advocates (CLAs) and Provincial Paralegals (paralegals) are extending the reach of the PSO to remote communities, targeting those who would generally fall through the cracks. Most of whom include women, children, and people with disabilities.
As a consequence of the isolation of many villages, women are often limited to local customary structures to report transgressions, and in some of these, women often cannot speak for themselves.
During the course of their deployment, CLAs and paralegals have met with women from rural communities who have shared their varied experiences with the formal justice system.
Vulnerabilities for women in remote locations
Francisca, who had been abused by her husband for years, did not speak about her situation to anyone, not even the village elders. But her cries as a result of the abuse at the hands of her intoxicated husband would abruptly fill the air of the village.
It was not until 2021, when she left home and travelled to a nearby village. Once there, she asked someone to speak with the area CLA for her.
As the ‘eyes and ears’ of the PSO in communities, CLAs receive training aimed at helping women like Francisca access justice in their communities either through the police or the courts.
The CLA met with Francisca and explained the options available to her. She accompanied Francisca to the police post and recommended she file a report. She walked Francisca through the process of requesting a Police Safety Notice (PSN), which gives her abuser a set of rules valid for 21 days and outlines serious consequences for further violent behavior.
The next day, the police traveled to Francisca's village and spoke with her husband. They made it clear that he was breaking the law by abusing his wife. He would be arrested if it happened again.
CLAs have helped over 9000 Solomon Islanders in 2021, highlighting an increasing political will towards ensuring every member of the public has the means to seek justice for their problems.
Francisca’s appreciation of the formal justice system was renewed. She explained that after seeking support from the CLA, her husband’s behaviour has changed. She has seen a marked improvement.
Access to Justice in Solomon Islands
“Access to Justice is about ensuring that every member of the public has the ability and the means to be able to seek justice for their problems, whether it be land rights, right to safety or right to life,” said Public Solicitor, George Gray.
He added, “Access to justice is important and helps to make the lives of people safe. It is a much better alternative to violence in resolving personal and political disputes.”
“The formal justice system presents a much better, much greater alternative for aggrieved parties because of its independence and impartiality in dealing with disputes. In addition, international standards and practices are integrated into the rule of law, and in the principle of justice to ensure equitable outcomes for all,” said Gray.
Justice for women is one of the primary accelerators for achieving the 2030 Agenda for Sustainable Development. Not only does investing in justice for women help to achieve gender equality and advance women’s empowerment, it also creates a foundation for long-term growth and peaceful and inclusive societies.
Women's access to justice is an important pillar for peace, security, and prosperity. It empowers women to protect themselves from violence and discrimination as well as equips them with the tools they need to solve conflict peacefully.
The Solomon Islands Access to Justice Project is implemented by UNDP in partnership with the Ministry of Justice and Legal Affairs through the Public Solicitor’s Office and is funded by the Government of Australia.