Stimulating investment in pearl farming in ... - World Fish Center

1. Governance and political stability1.1 Constitutional governmentThe constitution of Solomon Islands was adopted at independence in 1978 after a countrywideconsultation process. Its broad structure is similar to those of other former Britishdependencies. Currently the head of state is the British monarch, represented by agovernor-general elected by the SI parliament. The constitution establishes the nationalgovernment and requires it to make legislative provision for establishment and operationof provincial governments, of which there are currently eight. An elected municipalgovernment of the capital, Honiara, is established under a separate law.A draft replacement constitution now under review by a constitutional congress providesfor a non-executive president as head of state, and for a federal structure with stategovernments replacing the present provincial governments. The draft new constitution isexpected to be ready for adoption by the end of the present parliament in 2010.The fifty-member single-chamber national parliament is elected every four years. Alladult Solomon Islanders are eligible to register as voters and vote in a first-past-the postballot. Elections since Independence have usually produced a substantial turnover inparliamentary membership. Recent governments have been seeking to make their tenureof office more secure by channelling development grants to constituencies throughmembers of parliament, particularly those who support the government.Parliament elects a prime minister who forms a ministerial government from members ofparliament. The need to maintain political support in parliament has led to creation ofmore ministerial posts than efficient administration requires, and the preservation ofsolidarity within the government and its parliamentary supporters is a constantpreoccupation of the prime minister and an inner political caucus.1.2 Judicial systemThe formal judicial system comprises magistrates, courts, the High Court of SI, and aCourt of Appeal. The judiciary is constitutionally independent and is generally thought tobe free of political influence, though at provincial level this may be harder to sustain.Governments have on the whole submitted to the rule of law when required to do so, butnot without visible internal strains. Generally in SI there is a high level of respect for thelegal machinery and the use of due process. Very public controversy over the filling of theAttorney General’s position in 2006-7 by a close friend of the prime minister led to aparliamentary vote of no confidence and change of government in November 2007.The judicial process is generally regarded as slow but fair. The enforceability of civiljudgements is a weak area. The system of native courts that apply customary law todisputes between Solomon Islanders is effective in some areas but not others, dependingon the degree of confidence placed in the traditional system by people of the area. Theinterface between customary law and the statute law enforced by the formal court systemis under strain as monetisation and commerce penetrate more deeply into people’s lives.3