SOLOMON ISLANDS

THE CONSTITUTION (AMENDMENT) ACT 2001
(NO. 2 OF 2001)

Passed by the National Parliament this fifth day of April 2001.

Assented to in Her Majesty's name and on Her Majesty's behalf this twenty-third day of May 2001.

Rev John Ini Lapli
Governor General

Date of commencement: date of publication in the gazette.

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No. 2 of 2001

AN ACT TO AMEND THE CONSTITUTION IN ORDER TO ENABLE THE GRANTING OF AMNESTY, PARDON OR IMMUNITY TO CERTAIN PERSONS WHO MAY BE LIABLE TO CRIMINAL PROSECUTION FOR CERTAIN ACTS DONE COMMENCING FROM 1ST JANUARY 1998 TO THE SIGNING OF THE TOWNS VILLE PEACE AGREEMENT ON THE 15TH DAY OF OCTOBER 2000, OR 7TH DAY OF FEBRUARY 2001, THE DATE OF SIGNING OF THE MARAU PEACE AGREEMENT, AS THE CASE MAY BE.

BE IT ENACTED by the National Parliament of Solomon Islands.

WHEREAS section 91(4) of the Constitution provides that the Director of Public Prosecutions shall have power in any case in which he considers desirable to do so -

"(a) to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person;

(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by himself or any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority:"

AND WHEREAS it is further provided by section 91(7) of the Constitution subject to the proviso therein, that in the exercise of the powers conferred upon the Director of Public Prosecutions under section 91 that he shall not be subject to, the direction or control of any other person or authority:

AND WHEREAS it is expedient for the purposes of peace and harmony and in the national interest to grant amnesty or immunity in terms of the Townsville Peace Agreement and Marau Peace Agreement to -

(a) leaders, members and other civilian advisers associated with the militant group known as the Malaita Eagle Force;

(b) officers of the Solomon Islands Police Force and the Prison Services;

(c) leaders, members and other civilian advisers associated with the militant group known as the Isatambu Freedom Movement; and

(d) leaders, members and other civillian advisers associated with the militant group known as the Marau Eagle Force,

from criminal prosecution for or on account of or in respect of certain acts, matters or things done or purported to be done during the period commencing 1st January 1998 to 15th October 2000 or 7th February 2001, in connection with the armed conflict on Guadalcanal; or in connection with the Marau conflict, as the case may be:

Short title

1. This Act may be cited as the Constitution (Amendment) Act 2001.

Amendment of section 91(4) of the Constitution

2. Section 91(4) of the Constitution of Solomon Islands (hereinafter referred to as the "Constitution") is hereby amended by inserting at the end of that subsection the following proviso -

“Provided however, where any person may be liable for criminal prosecution in respect of any acts done in connection with the armed conflict on Guadalcanal from the 1st day of January 1998 to the 15th day of October 2000; or the 7th day of February 2001, as the case may be, such person shall not be prosecuted for such offence but shall be granted amnesty or immunity from prosecution in the manner and to the extent provided for by the Amnesty Act 2000 or by any other Act of Parliament providing for the grant of such amnesty in connection with the Marau conflict.”

(No. 8 of 2000)

Insertion of new section 12A

3. The Constitution is hereby further amended by inserting therein immediately after section 125 the following as section 125A thereof -

“Amnesty or immunity from disciplinary proceedings

125A. Notwithstanding the provisions of section 121 or 124, members of the Solomon Islands Police Force and the Prison Services who may be liable for disciplinary action in connection with their participation in the Para-Military operations conducted on the 5th day of June 2000 and the Joint Para-Military/Malaita Eagle Force security operations carried on thereafter until the 15th day of October, 2000, shall not be subjected to the powers of disciplinary control of the Police and Prison Services Commission".

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