LEGAL REVIEW ON THE LAWS OF SOLOMON ISLANDS RELATING TO TRAFFICKING IN PERSONS

LEGAL REVIEW ON THE LAWS OF SOLOMON ISLANDS RELATING TO TRAFFICKING IN PERSONS FEBRUARY 2013 Family Support Centre 1

ACKNOWLEDGEMENT Much effort has been undertaken by Family Support Centre ( FSC ) in this project. However, it would not have been possible without the kind support and help of many individuals and organizations. FSC would like to extend its sincere thanks to all of them. First and foremost, FSC would like to generously thank the United States Department of State for funding assistance. Secondly, FSC would like to thank the American Bar of Association Rule of Law Initiative ( ABA ROLI ) team for providing FSC the necessary technical assistance. FSC is highly indebted to Anika Kingmele (Child Protection Officer, UNICEF) and Melanie Philips (Legal Adivsor, Ministry of Provincial Government) for guidance and support as well as for providing necessary information regarding the review & also for taking the time to edit this review. Finally, FSC would like to express its special gratitude and thanks to Inspector Perry Tovavaki, TCU/RSIPF; Pionie Boso and Vaela Devesi from the Ministry of Women, Youth, Children and Family Affair and Jeremiah Akoeasi, Social Welfare Department, for giving much information, attention and time. This publication was funded (in part) by a grant from the United States Department of State. The opinions, findings, and conclusions stated herein are those of the author(s) and do not necessarily reflect those of the United States Department of State. 2

INTRODUCTION Solomon Island government is not yet a party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children ( the Protocol ) however, it has taken some significant steps to address trafficking in person in the country. On 10 February 2012, the government passed the Immigration Bill 2012 1 which makes provision for trafficking in persons however, this Act has not yet commenced. There have been public awareness programs such as the 3 provincial tours done by the Royal Solomon Islands Police to logging camps 2 around the country. These awareness programs have, to date, focused mainly on child sexual exploitation 3. In addition, the American Bar of Association Rule of Law Initiative (ABA ROLI) is supporting non state actors such as Solomon Islands Churches Association ( SICA ) and Family Support Centre ( FSC ) to combat trafficking in persons by conducting workshops 4 for various stakeholders on trafficking in persons, funding surveys (carried out by SICA), and providing financial support for an in-house legal adviser for the FSC. There is no stand alone anti-trafficking legislation in the Solomon Islands however, trafficking in person offences can be prosecuted under the existing law of Solomon Islands. Likewise, relief or damage claims for victims/survivors may also be sought under the current existing laws. PART A: DEFINITIONS Trafficking in persons ( TIP ) is the violation of a citizen s fundamental human rights. All persons should be protected from TIP and should be able to exercise their rights without any restrictions. INTERNATIONAL DEFINITION Definition from Trafficking Protocol 5, article 3(a) Trafficking in persons shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.. [My bolding.] 1 http://www.parliament.gov.sb/files/legislation/acts/2012/immigration%20act%202011.pdf 2 Interview with Inspector Perry Tovavaki, TCU 3 Ibid 4 In 2010 the first TIPS was held at Iron Bottom Sound Hotel and followed up by other 3 workshop in 2011 and 2 days workshop in June 2012 5 Protocol To Prevent, Suppress and Punish Trafficking in persons, especially women and children, supplementing the United Nations Convention Against Transnational Organized Crime 2000 3

Definition from Smuggling Protocol 6, article 3(a) Smuggling of migrants shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident. NATIONAL DEFINITION Section 70 of the Immigration Act 2012 defines TIP as follows: People trafficking: a person engages in people trafficking if the person recruits, transports, harbours or receives another person (the trafficked person) for the purposes of exploitation. People smuggling: a person engages in people smuggling if the person arranges or assists another person s (the smuggled person s) illegal entry into any country, including Solomon Islands, of which the smuggled person is not a citizen or permanent resident, knowing that, or reckless as to whether, the smuggled person s entry is an illegal entry. PART B: OFFENCES UNDER SOLOMON ISLANDS LAW RELATING TO TRAFFICKING NB: 1. All penalties shall be expressed in penalty units as provided under s 50A of the Interpretation and General Provisions Act (Cap 85). The value of one penalty unit is one dollar as in s50a (3). 2. Some sections of the Penal Code states an offence as "misdemeanor" however s41 of the Penal Code provides that where punishment is not specifically provided for a misdemeanor, the general penalty is 2 years. Furthermore, s 25 provides that where a fine is imposed but provides no specified sum, the amount to be imposed is unlimited but shall not be excessive. A. FORCED LABOUR AND SLAVERY (and similar practices) CONSTITUTION Slavery, forced labour and in-human treatment S6 of the Constitution protects individual from slavery and forced labour. S6 (2) states that no person shall be required to perform forced labour. Furthermore, s7 of the Constitution protects a person from inhuman treatment. 6 Protocol Against the Smuggling of Migrants by land, sea and air, supplementing the United Nations Convention Against Transnational Organized Crime 4

Exploitation of the prostitution of children (plus other forms of sexual exploitation) Prostitution of children or other forms of sexual exploitation is in- human treatment which contravenes s7 of the Constitution. Habouring of a child for exploitation A trafficker can be sued for breaching a child s right to personal liberty by harbouring the child for exploitation as provided for under s5 of the Constitution. PENAL CODE [Cap 26] Compulsory labour Under s256 of the Penal Code, it is a misdemeanor act to compel a person to perform labour against his or her will. Cruelty to children Section 233 of the Penal Code protects a child from cruelty which can be used for child labour claims. If found guilty the penalty is up to 5 years. LABOUR ACT [Cap 73] Power of Inspection and Enquiries Section 7 of the Labour Act gives authority for the Commissioner or Health Officer to carry out inspection and make inquiries in any place believed to be a place of employment or to any accommodation provided by the employers for the workers. Exceptions: Commissioner or Health Inspector cannot enter a private dwelling house without the consent of the owner Reasonable notification to be given to the employer or representatives before a visit or inspection is carried out. However, if upon reasonable grounds the notification is prejudicial to performing duties of the Commissioner or Health Officer then notice is not required. Power of summons and institution of proceedings Section 9 of the Labour Act provides that the Commissioner has power to summon a person in respect to subject matter of enquiry and for the person summoned to answer questions by Commissioner. The Commissioner can institute proceeding he deems fit. Offences Obstructing, hindering, refusing to produce documents or information, or producing false documents, or refusing to comply with summons are offences under s10 of the Labour Act. Penalty provided under s10 is 1000 penalty units or 6 months. 5

Returns by employers and inspection of documents The employer is required to submit returns or forms prescribed under s8 of the Labour Act. The Commissioner or may call for and examine all contracts, registers, books of accounts or other documents concerning workers or relating to their employment. Liability of worker for advances and loans According to s11 of the Labour Act, any advance or loans shall not exceed the monthly salary of the worker unless by prior approval from the Commissioner. Nor should the worker be held liable for any excess amount of loan or advances 7. In addition to that, s23 provides that the employer shall not make any charges (e.g. discount, interest or other charges) against the loan or advance of wage of any worker. Records to be kept by employers Section 15 of the Labour Act requires employers to keep records of workers terms and condition, keep a register with the names of the workers, nature of employment, rate of wages, rations, amount earned, advances, deductions, net amount due, amount paid and any bonus due. Definition of workers under this section also covers domestic servants. Exemption of employer if not actual offender Section 27 of the Labour Act provides for the exemption of an employer to be sued if he is not the actual offender. Failure to comply with section 28 of the Labour Act Where an employer: Fails to pay wages; or Gives remuneration for services in contravention to the Labour Act or makes deductions to the wages of any worker or receives payment from any worker contrary to the provision of s28; or Trades with his workers or keeps a shop contrary with the provision of s28; or Contravenes or fails to comply with orders from the Commissioner the employer is guilty of an offence and liable to a fine of 1000 penalty units or 6 months. Failure to pay minimum rate of wage required under the Labour Act Section 31 of the Labour Act provides that an employer who does not comply with minimum wage rate provided under this Act will be guilty of an offence and can be penalized 500 penalty units and a fine of 20 penalty units for each day the offence continued after the conviction. Work permit requirement All non-indigenous workers are required under s37 of the Labour Act to hold a valid work permit. Any application for work permit must comply with conditions and requirements 7 S11 (b) of the Labour Act 6

subscribed under s37 (4) and any failure of s37 (4) is a fine of 1000 penalty units. Failure to work without valid permit is an offence and the penalty is 500 penalty units. Prohibition of employment of women at night Under s39 of the Labour Act, no women can be employed during the night unless the job has to do with materials which are subject to rapid deterioration or it is an emergency which is unforeseeable and is not recurring, or the woman holds a responsible position of management and is not engaged in manual work, or is a nurse, health and welfare worker, or works in the theatre, or works in a hotel, guest house, bar, restaurant or club, or is a registered pharmacist, or is not prohibited by an international convention applicable to Solomon Islands and the Minister has declared it to be work women can be employed in. Restriction to women working in mines Section 40 restricts women working underground in mines however not restricted to women holding management position or women employed in health or welfare services. Penalty for contravening Part VI Employment of Women Section 44 of the Labour Act provides that any persons who fails to comply with provisions of Part VI of the Labour Act that person has committed an offence and is liable to a fine of 500 penalty units. Prohibition on employment of child under 12 Section 46 of the Labour Act restricts a child who is under 12 years of age to be employed unless in company with the parents or guardian on work approved by the Commissioner. Prohibition on employment of persons under 15 Children under 15 years of age are prohibited to work: (a) In any industrial undertaking unless approved by the Minister (s47(1)(a) (b) In any ship (s47 (1) (b)) Exception: A child under 15 years of age can work in a school ship, training ship or in a technical school or college provided such work is approved and supervised by a public authority. Prohibition on employment of child under 16 Section 48 of the Labour Act prohibits the employment of children less than 16 years of age underground in any mine. Employment of children under 18 Section 49 children under 18 years of age are prohibited to work: (a) underground in any mine unless the child is 16 and has a medical certificate (b) on any ship as a trimmer or stoker except on a ship mainly propelled by means other than steam Exception: Unless the child has a medical certificate saying the child is fit for such work if aged between 14 and 16, or unless the Commissioner has so permitted in urgent cases the 7

employment of a child without a medical certificate the employment of a child in which the employer may medically examine the worker. Register of young persons Section 50 requires each employer in an industrial undertaking and every master of a ship to keep a register of all person under 18 who are being employed by them. Presumption of age The magistrate may determine the age of any employee in a proceeding in respect of any offence as provided under s51 of the Labour Act. It is a defense to any charge against an employer or master of a ship if they had reasonable cause to believe the child employed was of age eligible to be employed. Penalty A person who contravenes or fails to comply with Part VII Employment of children and other young persons (ss45-52) of the Labour Act is guilty of an offence and the penalty of 500 penalty units. Employment of persons over 14 and under 16 A parent or guardian of a child over age of 14 or under age of 16 may with consent of such child, apprentice him or her to an employer to train the child for trade or employment which art or skill is required for any term not exceeding 5 years as provided under s54 of the Labour Act. Employment of persons over 16 Section 56 provides that a child over age of 16 may apprentice himself to an employment in which art or skill is required provided the term does not exceed 5 years. Powers of Commissioner Under s61 provides that the powers of the Commissioner with regards to termination and cancellation of contracts shall also apply to contract of apprenticeship. Ration An employer must provide ration on the prescribed scale if required by the Commissioner as provided under s65 of the Labour Act. Protection of workers from malaria Section 66 of the Labour Act provides that an employer must protect its workers and their dependants from malaria. Workers to be supplied with water Every employer shall, at his own expense, provide for the use of such workers and their dependants living with them on the employer's property, an adequate and easily accessible supply of wholesome water in cases where no public water supply is readily available to his workers. This is provided for under s67 of the Labour Act. Sanitary arrangements 8

Section 68 of the Labour Act provides that every employer must provide sufficient and proper sanitary arrangement to their workers and their dependants. Provision of housing Every employer is required to provide adequate and proper housing (or housing allowance) to their employees as provided for under s69 of the Labour Act. Medical care and treatment Section 70 of the Labour Act provides that an employer is required to provide medical care and treatment to its employees. Hospital maintained by employers Where the Commissioner or Health in writing requires, an employer must maintain a hospital for its workers as provided under s71 of the Labour Act. Directions in regards to housing and sanitation Every employer required under s72 of the Labour Act, to observe all reasonable directions given to him by the Commissioner or a Health Officer in regard to the housing of workers and the sanitation. Reporting of deaths An employer is required under s73 of the Labour Act, to report the death of a person in his employment to the Commissioner and such report shall whenever possible be accompanied by a medical certificate stating the cause of death. Penalty Section 74 of the Labour Act provides that any person who does not comply with Part IX Care of Workers (ss64-73) is guilty of an offence and the penalty is a fine of 1000 penalty units or 6 months or both fine and. Criminal Proceedings It is provided under s75 of the Labour Act that the Commissioner may institute and conduct any prosecution in any proceedings for an offence against the provisions of this Act. SAFETY AT WORK ACT [Cap 74] General duty of employers to their employees Section 4 of the Safety at Work Act ("SWA") provides that each employer has the duty to ensure the health and safety at work to all his employees. This also includes toxic hazards under Schedule 1 of the SWA. B. CHILD SEXUAL EXPLOITATION (a) Recruitment of a child for exploitation PENAL CODE OFFENCE PENALTY 9

SECTION s144 (1) (a) s144 s145 Procuring a girl under 18 years of age to have unlawful sexual intercourse Procuring a girl to become a prostitute or inmate of a brothel Procurement by threats, fraud or administering drugs s149 Disposing of minors under 15 years for immoral purposes ( e.g. prostitution) s153 Living on the earnings of prostitution or aiding prostitution Up to 2 years Up to 2 years Up to 2 years Up to 2 years A misdemeanor s253 Child stealing Up to 7 years s169 False pretence of marriage Up to 10 years s171 Fraudulent marriage Up to 5 years (b) Transportation and transfer of a child for exploitation PENAL CODE OFFENCE PENALTY SECTION s254; s139 Abduction of a girl under 15 and Guilty of misdemeanor a woman of any age against her will s140 Abduction of a girl under 18 with Guilty of misdemeanor intent for sexual relations s151 Unlawful detention of a girl for Guilty of misdemeanor immoral purposes s148 Detention of a girl in any Up to 2 years premises with intent for her to perform unlawful sexual intercourse or detain in a brothel s249 Kidnapping Up to 7 years s250 Kidnapping to confine Up to 7 years s251 Kidnapping to cause grievous harm or to enslave Up to 10 years s252 Wrongfully concealing kidnapped Up to 7 years person s253 Child stealing Up to 7 years s341 (3) Forgery of any passport Guilty of misdemeanor (c) Habouring of a child for exploitation ACT SECTION OFFENCE PENALTY Penal Code S151 Unlawful detention of a Guilty of girl for immoral purposes misdemeanor 10

Penal Code S250 Confinement of kidnapped Up to 7 years person Penal Code S255 Wrongful confinement Up to 1 year or a fine of four hundred penalty units Constitution 1978 S5 (d) Receipt of a child for exploitation Protection of right to personal liberty ACT SECTION OFFENCE PENALTY Penal Code S150 Obtaining a minor for prostitution or unlawful sexual intercourse Up to 2 years Penal Code S337(3)(l) Forgery of documents that supposed to be made by or under the authority of Customs Penal Code S337(3) (m) Forgery of any other certificates Penal Code S343(1) Uttering forged documents Penal Code S344 Uttering cancelled document Up to 7 years Up to 7 years Up to 7 years Up to 7 years 11

C. OTHER FORMS OF COMMERCIAL SEXUAL EXPLOITATION OFFENCES AGAINST GIRLS/WOMEN ACT SECTION OFFENCE PENALTY Penal Code S136 Rape 8 Life 9 S141 Indecent assault Up to 5 years S163 Incest by males Up to 7 years S164 Incest by females Up to 7 years S160 Buggery Up to 14 years S142 Defilement of a girl under Life the age of 13 S143 Defilement of a girl Up to 5 years ss146 and 147 s154 between ages of 13 to 15 Householder/occupier of premises permitting defilement of a girl on their premises Suspicious premises/brothels Life (under 13 years of age) Up to 2 years (under 15 years of age) Magistrate issues a warrant to enter, search and arrest s155 Brothel owners Guilty of misdemeanor ss157-159 Abortion and forced S 157 & 158 Life abortion s381 Soliciting or inciting other to commit an offence S159 5 years OFFENCES AGAINST BOYS/MEN ACT SECTION OFFENCE Penalty Penal Code s162 Buggery and indecent Up to 5 years practices between persons of the same sex 8 Note: consent cannot be obtained by force; there must be two willing partners. 9 S137, Penal Code 12

D. FORCED COMMERCIAL MARRIAGE TIP can be present in marriages as well. An example of this is forced commercial marriage which is a form of TIP. Forced commercial marriages should not be confused with arranged marriages. A forced commercial marriage is where the victim is forced to marry for the benefit of the third party through money or gifts given to the third party by the trafficker. Whereas in an arranged marriage, both parties consents to the marriage and bride price is paid according to the custom of the parties. The important element is consent, whether both parties of marriage consented to that marriage or is the consent obtained by force. ISLANDERS MARRIAGE Act [Cap 171] Valid marriage Section 4 of the IMA provides that valid marriage must be celebrated before a Minister of religion or District Registrar. Exception is for marriage celebrated in accordance to custom or in accordance with the Pacific Islands Civil Marriages Order in Council 1907. Age if parties and consents Section 10 of IMA provides that parties to a marriage must be of 15 years of age. Furthermore any person under age of 18 must obtain consent of father, mother, guardian or magistrate before getting married. Objection to marriage According to s11 of IMA, any person who has reason or cause to object to a marriage may do so by giving notice orally or in writing and state reasons why the marriage should not take place. It is an offence to give object without sufficient and proper cause. The penalty is a fine of 20 penalty units and in default of payment, 2 months. Penalty for celebrating marriage without being authorised Section 12 provides the penalty of 100 penalty units and in default of payment a six month. Evidence of marriage Section 13 of the IMA provides that every marriage certificate to be duly filed and copies thereof to be signed and certified by the District Registrar in order to be admissible in any court as evidence of valid marriages. Dissolution of custom marriage As per s4 of the Islander s Divorce Act ( the IDA ), where marriage is perform in accordance to custom but is not registered and the parties wishes dissolution of that customary marriage, they may do so in accordance to custom. ISLANDERS DIVORCE ACT [Cap 170] Decree of nullity in respect of void marriage Section 12 of IDA provides that a marriage void and the court shall pronounce a decree of nullity if it is proved that: 13

One of the parties was already married; The marriage was induced by duress and mistake; One of the parties was insane; The parties are within prohibited degrees of consanguinity or affinity; Or the marriage was not celebrated in due form Decree of nullity in relation to voidable marriage A marriage is voidable and the court shall pronounce a decree of nullity as according to s13 of IDA if it is proved that: Marriage has not been consummated due to incapacity or willful refusal; One of the party is of unsound mind at the time of the marriage; The respondent was suffering a venereal disease in communicable form; The respondent was already married to another party. Evidence in nullity proceedings According to s15 of the IDA, if in a nullity of marriage proceeding the evidence on question sexual capacity is raised then such shall be heard in camera unless determined in the interest of justice then it shall be heard in open court. Custody and maintenance (of wife and children) Section 21 of the IDA provides that in proceedings for divorce, nullity or judicial separation, the court may make orders for custody and maintenance for children and wife accordingly. Bigamy According to s14 of IMA where a person who is married in accordance to this Act marries another person commits bigamy and is liable to a 5 years. Failure to forward certificate for registration As per s16 of the IMA, a minister of religion who fails to forward certificate for registration is guilty of an offence and is liable to a fine of 50 penalty units. Registration of customary marriage Section 18 of IMA provides parties to any customary marriage may voluntarily apply to the District Registrar to register their marriage. Penalty for false declaration It is an offence to make false declaration as provided by s22 of IMA. Penalty is a fine of 1000 penalty units or 6 months. Recognition of common law and customary law Section 76 of the Constitution provides recognition of customary law as part of the law of Solomon Islands, provided that customary law is not inconsistent the Constitution or any Act of Parliament. 14

PART C: IMMIGRATION ACT 2012 The recently passed Immigration Act 2012 makes provisions for trafficking in person offences. This Act has made a major distinction between "people smuggling" and "people trafficking". Furthermore it provides that offences for smuggling are lesser than offences for trafficking. This Act is yet to be in force. A. TRAFFICKING OFFENCES According to the Immigration Act, ss76 78 and 80 cover offences of trafficking. They are as follows: Section 76 provides that it is an offence if a person engages in people trafficking by one or more of the following means: (a) Threats; (b) Use of force or other coercion (c) Abduction; (d) Fraud; (e) Deception; (f) Abuse of power or of a position of vulnerability; (g) Giving or receiving payments or benefits to obtain the consent of a person who has control over another person. If a person is convicted under this offence, the penalty is a fine not exceeding 45,000 penalty units or for not more than 5 years or both. ecsection 77 provides that a person commits an offence of trafficking in children if the trafficked person is under 18 years of age. The penalty for this offence is either a fine of up to 90,000 penalty unit or up to 10 years or both. Section 78 provides that it is an offence if a person engages in or profits from the exploitation of a trafficked person. The penalty for this offence is either a fine up to 45,000 penalty units or up to 5 years or both. Section 80 provides that it is an offence to give false travel or identity documents for the purpose of enabling people trafficking. The penalty is a fine not exceeding 20,000 penalty units or up to 2 years or both. B. OTHER ADDITIONAL PROVISIONS Consent of trafficked person not relevant Section 79 provides that consent of a trafficked person is not relevant nor can it be used by the trafficker as a defence. Immunity from prosecution for trafficked person Section 81 states that a trafficked person is immune to any prosecution for illegal entry, illegal residence, procuring or having possession of false travel or identity document. 15

Money laundering, extradition and mutual assistance The Money Laundering Act (No. 5 of 2002) ( MLA ) can be relied on for offences under the Immigration Act that are predicated offences for the purposes of MLA 10. As for Extradition Act (No. 3 of 2010) it can be used for extraditable offences 11 and Mutual Assistance in Criminal Matters Act (No. 4 of 2002) can be used for offences in respect of which mutual assistance can be granted 12. C. COURT PROCEDURES IN RELATION TO VICTIM ACT SECTION OFFENCE EVIDENCE ACT S41 Special arrangements for vulnerable people of crimes against morality S42(1) Court may intervene if a witness ability to testify is likely to be affected from cross-examination by accused S42(4) Vulnerable witness may be cross examined (if consent is given) S42 (2) Court may appoint another person to ask questions S52 Evidence may be given by audio visual link S58 Evidence in relation to sexual experience in offences against morality may not be given unless with permission of the court S68 Court may order communication assistance to be given to the accused S69 Court may order communication assistance to be given to the witnesses S36 Former spouses compellable to give evidence D. COMPENSATION TO VICTIM 13 CONSTITUTION Compensation for contravention of rights and freedoms Section 17 states that a person whose rights and freedoms has been violated is entitled to compensation from the person or authority who commits the violation. 10 Section 82, Immigration Act 11 Ibid 12 Ibid 13 Victim/Survivor may sought relief or damages under this area. 16

Enforcement of protective provisions Section 18 provides that a person whose rights and freedoms have been violated may apply to the High Court for redress. MONEY LAUNDERING AND PROCEEDS OF CRIME ACT 14, EXTRADICTION ACT 15 OR MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 16 Tort and civil action could be brought under the above Acts. Therefore proceeds of crime can be seized under the Money Laundering Act and Proceeds of Crime Act or extradition proceedings made under the EA. PART D: RELEVANT ORGANISATIONS Trans-National Crimes Unit (Royal Solomon Islands Police Force and Immigration Department) ("TCU") The TCU has received reports on possible trafficking offences mainly from the logging camp however there is lack of evidence 17 to push cases forward. Some problems faced are the reluctance of victim and family to speak out and custom issues. Apart from the successful passing of the Immigration Act 2012 18, there are bills and regulations that have been drafted in relation to TIP which are not yet passed by the parliament. They are: Immigration Regulations 2011 Passport Regulations 2011 Refugees Status Determination Bill 2011 Refugees Status Determination Regulations 2011 Smuggling and Trafficking Bill 2010 In addition the RSIPF has adopted a no-drop policy called the Victim Protection Policy. This policy means that once a report is made to the Police, that report cannot be dropped or discontinued if the victim chooses not to continue on. Should the victim wishes to discontinue that can only happen at the discretion of a magistrate. Ministry of Youth, Women and Children This Ministry has not received any reports to TIP. There is a proposed Family Protection Bill which is currently being drafted. However it has been agreed to include trafficking within the definition of domestic violence. On the other hand, like the current laws of Solomon Islands, parts of the EVAW Policy 19 can be used to address TIP. 14 Money Laundering and Proceeds of Crime Act 2002 15 Extradition Act 2010 16 Mutual Assistance in Criminal Matters Act 2002 17 Inspector Perry Tovavaki, interviewed on 28 June 2012 18 Passport Act 2012 19 Solomon Islands National Policy on Elimination of Violence Against Women 17

There are 4 main principles and values of the EVAW policy 20 (a) Zero tolerance of violence; (b) Recognition of women s rights; (c) The shared responsibility for eliminating violence against women; and (d) Achieving gender equality. Social Welfare/UNICEF The Social Welfare Department ( SWD ) has not received any TIP cases yet. Alternatively SWD in partnership with UNICEF has drafted the Child and Family Welfare Bill which is still yet to be passed 21. This Bill mainly focus on the welfare approach to victims as such it does not specifically make reference to TIP. An advisory committee has been set up for the Social Welfare Department called the National Advisory Committee on Children (NACC) and there is also a taskforce, Taskforce Against Commercial Sexual Exploitation on Children (TACSEC) which focuses on addressing child commercial sexual exploitation in the country. Trafficking in Persons Advisory Committee (TIPAC) TIPAC is a newly formed committee in 2012 and backed by the American Bar of Association Rule of Law program. It is a TIP information sharing and coordination network made up of various ministries and civil society. 20 EVAW Policy pp 10-11 21 Interviews with Jeremiah, Social Welfare Office and Anika Kingmele, National Child Protection Officer, UNICEF 18