Solomon Islands is an Oceanian island country located in the Oceania Ocean.. The population of this country is approx 7,34,000 with 28,896 square kilometers area. Ethnically 95% Melanesian. Although all are Melanesian, hostility arises from the island's distinct identity, language, history, and sense of competition, and conflict continued from 1998 to 2003. The official language is English, although only 2% of the population is proficient in English. About 70 languages are spoken, with pidgins being used as the lingua franca. Religiously 97% Christian.
The most interesting aspect of the Constitution is that persons entrusted with important responsibilities of the state must conduct their public or private lives and their relationships with others in such a way that there should not be any ‘conflict of interest’ or obstruction in the proper discharge of public duties. They must not engage in any conduct that calls into question their integrity. They must also not use the power of the office for any personal gain.
Parliament may make laws to provide for the disclosure of personal and business income, assets and financial status of relevant persons and their families and associates; disclose information about interests in contracts with government agencies, directorships or positions such as trustees; provide for the temporary control or seizure of assets or income of relevant persons; determine what acts or omissions shall be considered misconduct; provide for the referral and resolution of complaints to independent courts or tribunals.
These are positive aspects. Now let's discuss the negative aspects.
The constitution recognizes the existence of God. The head of state is the Queen or King of Britain. Is there no one in the entire Solomon Islands who can be their president?
Admirable Articles of Solomon Islands's Constitution
CHAPTER I. THE STATE AND THE CONSTITUTION
2. Constitution is Supreme Law
This Constitution is the supreme law of Solomon Islands and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void.
CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
3. Fundamental rights and freedoms of the individual
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:
● life, liberty, security of the person and the protection of the law;
● freedom of conscience of expression and of assembly and association; and
● protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
CHAPTER VI. THE NATIONAL LEGISLATURE
49. Disqualifications from membership
● No person shall be qualified for election as a member of Parliament who—
● is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
● holds, or is acting in, any public office;
● is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law for the time being in force in any part of the Commonwealth;
● is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Solomon Islands;
● is under sentence of death imposed on him by a court in any part of the world, or is under a sentence of imprisonment (by whatever name called) for a term of, or exceeding, six months, other than a sentence in lieu of a fine, but including a suspended sentence, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;
● is disqualified from membership of Parliament or from registration as an elector or from voting at elections under any law for the time being in force in Solomon Islands relating to offences connected with elections; or
● holds, or is acting in, or within 12 months before the date, prescribed by Parliament, by which nominations of candidates for the election must be received, has held or acted in any office the functions of which involve any responsibility for, or in connection with, the conduct of any election to Parliament or the compilation or revision of any electoral register for that purpose.
● For the purpose of paragraph (e) of the preceding subsection two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms.
CHAPTER VIII. LEADERSHIP CODE
93. Application of this Chapter
The provisions of this Chapter apply to and in relation to—
● the Governor-General;
● the Prime Minister and the other Ministers;
● the Leader of the Opposition and the Leader of the Independent Members;
● all other members of Parliament;
● the Speaker;
● members of any Commission established by this Constitution;
● public officers;
● officers of the government of Honiara City, provincial government officers, members of the Honiara City council and provincial assemblies;
● officers of statutory corporations and Government agencies; and
● such other officers as Parliament may prescribe.
94. Responsibilities of office
● A person to whom this Chapter applies has a duty to conduct himself in such a way, both in his public or official life and his private life, and in his associations with other persons, as not—
● to place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised;
● to demean his office or position;
● to allow his integrity to be called into question; or
● to endanger or diminish respect for and confidence in the integrity of the government of Solomon Islands.
● In particular, a person to whom this Chapter applies shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by the preceding subsection.
● It is the further duty of a person to whom this Chapter applies—
● to ensure, as far as is within his lawful power, that his spouse and children and any other persons for whom he is responsible, including nominees, trustees and agents, do not conduct themselves in a way that might be expected to give rise to doubt in the public mind as to his complying with his duties under this section; and
● if necessary, publicly to dissociate himself from any activity or enterprise of any of his associates, or of a person referred to in paragraph (a) of this subsection, that might be expected to give rise to such a doubt.
● A person to whom this Chapter applies who—
● is convicted of an offence in respect of his office or position or in relation to the performance of his functions or duties;
● fails to carry out the obligations imposed by the preceding subsections of this section; or
● commits any act or omission prescribed under Section 95 of this Constitution as constituting misconduct in office,
● is guilty of misconduct in office.
95. Further provisions
Subject to the provisions of this Constitution, for the purposes of this Chapter, Parliament—
● may make provision for the disclosure of the personal and business incomes and financial affairs of persons to whom this Chapter applies, and of their families and associates, and in particular of interest in contracts with governmental bodies and of directorship and similar offices held by them (including powers to nominate directors, trustees or agents, or similar officers);
● may make provision for the disposal or temporary control of the assets or income of a person to whom this Chapter applies where this seems to be desirable for attaining the objects of this Chapter;
● may prescribe specific acts or omissions consisting misconduct in office;
● may create offences (including offences by persons to whom this Chapter applies and offences by other persons) and prescribe penalties for such offences;
● shall provide for the investigation of cases of alleged or suspected misconduct in office;
● shall provide for the reference of cases of alleged or suspected misconduct in office to such independent courts or tribunals as may be prescribed, and for the investigation and determination by such courts or tribunals of any such cases that may be referred to them in the manner prescribed;
● shall make provision with respect to the powers and procedure of such courts or tribunals as may be prescribed under the preceding paragraph and shall prescribe the penalties or other consequences that may result from a lawful determination by any such court or tribunal that a person to whom this Chapter applies is guilty of misconduct in office; and
● may make such other provision as may appear necessary or expedient for attaining the objects of this Chapter.
Facts of Solomon Islands's Constitution
Preamble (Part of it)
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;
As a basis of our united nation
AND for these purposes we now give ourselves this Constitution.
CHAPTER I. THE STATE AND THE CONSTITUTION
1. The State and Head of State
1. Solomon Islands shall be a sovereign democratic State.
2. Her Majesty shall be the Head of State of Solomon Islands.
