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citizenship While dual citizenship was previously not allowed in Solomon Islands, a 2018 amendment to the Constitution repealed this provision to allow for dual citizenship.1766 Treaty ratification status There is a process available to apply for citizenship in Solomon Islands.1761 In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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