Promoting and enhancing gender equality, gender equity and women’s empowerment is an important safeguard for REDD+.
In Solomon Islands, women have restricted roles in leadership and decision-making processes at the family, tribal and community levels. Although there are some matrilineal societies where women inherit customary land, this does not necessarily guarantee that women will be included in decision-making regarding their land, with decisions often being made by men (CEDAW 2013:32). Women also have responsibility for food production, including activities which depend upon the effective management of forest resources such as obtaining water and gardening, and may therefore be exposed to adverse impacts from REDD+ activities unless effective safeguards are in place to ensure gender equity and equality.
The Constitution prohibits domestic laws which discriminate on the basis of sex. It also prohibits people from being treated in a discriminatory manner by others who exercise lawful authority (e.g. magistrates, etc.) (s. 15(1) and (2)). However, this provision does not provide an effective safeguard to prevent discrimination against women as the constitutional protection does not apply to customary laws, or to laws which relate to land or land tenure (Art. 15(5)). This exemption has been interpreted widely by the courts, permitting discriminatory customary laws to have effect (Tanavalu v Tanavalu, [1998] SBHC 4, HC-CC 185 of 1985; upheld by the Court of Appeal).
Solomon Islands ratified the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2002 although its provisions have not yet been incorporated into domestic law. In accordance with Article 5 of the Convention, the Committee on the Elimination of All Forms of Discrimination against Women has recently asked Solomon Islands Government to provide information on the measures it is taking to eliminate discriminatory practices against women which are embedded in customary law, such as traditional forms of inherited male leadership, and the prevalence of men in customary land management (CEDAW, 2014).
Neither the Forest Resources and Timber Utilisation Act nor theProtected Areas Act 2010 contain any provisions to ensure women’s inclusion in consultation and decision-making processes. By contrast, the Environment Act 1998 requires that a gender impact assessment be undertaken as part of an environmental impact statement (Environment Regulations 2008, cl. 5(g)).