SUB-REGIONAL OVERVIEW: THE PACIFIC
SUB-REGIONAL OVERVIEW: THE PACIFIC
to children born within the territory.1757 In 2022,
Peter Kenilorea, Member of Parliament, sought
judicial review on the negative decision made by
the immigration department which denied his
US-born children Solomon Islands citizenship.1758
While the Attorney General Chambers issued an
appeal on his judicial review, the Chambers later
stated that it was wrong in appealing the review
of the negative decision and the High Court made
a decision to grant Kenilorea’s children Solomon
Islands passports.1759 Kenilorea stated that “he
knew of many families facing similar situations,
affected by poor legal advice given to the
Immigration Division”.1760
certificate, passport, or driver’s license and proof
of sustainable income, property, investments or
economic benefit to Solomon Islands are also
required in the application for citizenship, which
may bar stateless persons from being able to
apply.1765
Naturalized citizenship
Solomon Islands has ratified the ICESCR, ICERD,
CRC, CEDAW, and the 1951 Refugee Convention
and its 1967 Protocol with no relevant
reservations. However, the country has yet to
ratify the 1954 Convention relating to the Status
of Stateless Persons, the 1961 Convention on the
Reduction of Statelessness, and the ICCPR.
Dual citizenship
While dual citizenship was previously not allowed
in Solomon Islands, a 2018 amendment to the
Constitution repealed this provision to allow for
dual citizenship.1766
Treaty ratification status
There is a process available to apply for citizenship
in Solomon Islands.1761 In order to apply, one
must pay the application fee as well as meet the
eligibility requirements.1762 There is no simplified
or expedited process for stateless persons or
refugees, but there is a simplified process for
descendents of Solomon Islands birth citizens.1763
To be eligible, applicants must be 18 years of age,
obtain a residence permit for 10 years before date
of application, be conversational in English, Pidgin
or a vernacular of Solomon Islands, and respectful
of the culture of Solomon Islands.1764 A birth
The CRC Committee in its 2018 concluding
observations expressed grave concerns regarding
the delays caused by the absence of a decentralized
birth registration system as well as accuracy of
registration details for children born to unwed
parents or adolescent mothers.1767 By ratifying
the CRC, Solomon Islands is obligated to ensure
that every birth is registered immediately and
ensure that no child is left stateless.1768 Solomon
Islands should build upon its national legislation
on citizenship to provide protections for children
To be eligible, applicants must be 18 years of age,
obtain a residence permit for 10 years before date of
application, be conversational in English, Pidgin or a
vernacular of Solomon Islands, and respectful of the
culture of Solomon Islands.
within its territory who would otherwise be
stateless. As a party to the 1951 Refugee
Convention and its 1967 Protocol, Solomon
Islands is bound to facilitate assimilation and
naturalization of refugees; however, amendments
should be made to its national legislation regarding
naturalization to ensure a simplified process for
stateless persons and refugees.1769
In Solomon Islands’ 39th UPR session, it was
recommended that the country repeal gender
discriminatory provisions in its nationality law as
well as ratifying the 1954 and 1961 Statelessness
Conventions.1770 In the same UPR session,
Germany and Iceland both urged Solomon Islands
to protect gender equality with respect to the
right to nationality.1771 As a party to CEDAW,
Solomon Islands is obligated to ensure gender
equality in its nationality legislation.1772
Population
Ratification of International laws relating to statelessness by the countries the Pacific
Country
Solomon Islands
✅
⛔
158
Stateless 1
⛔
Stateless 2
⛔
Refugee
Signifies that the country is a party to the convention
Signifies that the country is not a party to the convention
✅
ICCPR
⛔
ICESCR
✅
ICERD
✅
CRC
✅
CEDAW
✅
Stateless 1 - 1954 Convention relating to the Status of Stateless Persons
Stateless 2 - 1961 Convention on the Reduction of Statelessness
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Lack of legal safeguards against
childhood statelessness
There is no protection under the citizenship law
of Solomon Islands for foundlings or children
born to stateless and/or foreign parents to gain
citizenship.
Citizenship stripping
Citizenship may be stripped, regardless of how
it was acquired if a person is found guilty of a
terrorist crime.1778 If a person’s citizenship is
decided to be revoked, they can make a written
representation attesting to why their citizenship
should not be revoked.1779 A Review Board made
up of government officials also has the power to
review and amend decisions.1780
Reported stateless persons
Administrative barriers
Solomon Islands has yet to report any stateless
persons to UNHCR.1773 Solomon Islands is not a
major refugee receiving country, despite being a
party to the Refugee Convention and its Protocol,
reporting zero refugees to UNHCR in 2021.1774
Causes of Statelessness
Discriminatory nationality laws
TABLE 44
for naturalization and the woman must renounce
her foreign citizenship.1776 Further, citizenship can
only be applied for by the father in the case of joint
adoption of a child.1777
While the Solomon Islands amended previous
discriminatory provisions in its national
citizenship legislation with the 2018 Citizenship
Act, women still do not have full equality with
regards to nationality.1775 For foreign women
married to a Solomon Islands national, consent
must be gained from the husband in order to apply
In 2007, birth registration rates were reported
to the UN Statistics Department at 80%.1781 An
updated birth registration rate has not yet been
reported. Registration inaccuracy for children
born to unmarried parents and adolescent
mothers is common1782 due to stigma and
discrimination.1783 The new Civil Registration
database system launched in 2013 improved the
rate of birth registration and access in rural areas,
however barriers from limited access outside of
the capital and late registration fees remained.1784
Especially for remote areas, challenges with
infrastructure and geography remain as barriers
to birth registration.1785
In 2007, birth registration rates were reported to the
UN Statistics Department at 80%.
REPORT 2024
159
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