Human rights in the Federated States of Micronesia

The Federated States of Micronesia (Abbreviated FSM) is a United States Associated State consisting of 4 states across the Western Pacific Ocean. The estimated population in 2015 was 105,216,[1] the 196th most populous country.[2] Formerly the FSM was a part of the Trust Territory of the Pacific Islands (TTPI) but in 1979 formed its own constitutional government. FSM has a written constitution which took effect in 1979 and has been amended only once in 1990. By virtue of membership in the United Nations, the FSM abides by the UN Declaration of Human Rights (UDHR).[3] Key human rights concerns in FSM include judicial delays, government corruption, discrimination against women, domestic violence and child neglect.[4]

The Constitution of the Federated States of Micronesia

See Constitution of the Federated States of Micronesia

The Federated States of Micronesia formed its own constitutional government on May 10, 1979 and was admitted to the United Nations on September 17, 1991. The FSM Constitution was built around incorporation of the UDHR which has provided for recognition and protection of human rights.[5] Two sections in the Constitution provide for equal protection. Under Art 4 section 3 there is a provision that states that "no one shall be denied the equal protection of the laws." Additionally Art 4 section 4 provides that equal protection of the laws may not be denied or impaired on account of sex, race, ancestry, national origin, language, or social status.[6]

An important provision of the UDHR is article 4 which provides that no one shall be held in slavery or servitude and that slavery and the slave trade are prohibited.[7] Article 4 Section 10 provides that slavery and involuntary servitude are prohibited except to punish crime [8]

Similarly article 5 of the UDHR provides that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."[9] The Federated States of Micronesia have incorporated this significant human right into their constitution under article 4 subsection 8 which provides that a prisoner has a "constitutional right to be free from cruel and unusual punishment and his due process rights."[10]

Article 10 of the UDHR states that "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."[11] These rights are assured by the FSM Constitution under article 4 subsection 3. This provides that "A person may not be deprived of life, liberty, or property without due process of law, or be denied the equal protection of the laws."[12]

LGBT Rights

See LGBT Rights in the Federated States of Micronesia

Homosexual activity is legal in the Federated States of Micronesia but there is little protection in terms of discrimination. The country is very conservative, and the LGBT community are very discreet. Whilst same-sex marriage is not permissible as such, there is no law that prevents same-sex couples from getting married.[13] Similarly no laws prohibit discrimination against LGBT persons in employment, housing, or access to education and health care,[14] however despite there being no reports of violence, official or societal discrimination, or workplace discrimination against the LGBT community, it is "rare for individuals to identify themselves publicly as LGBT persons." [15]

Women's Rights

See Women in the Federated States of Micronesia

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)[16] is a legally binding international human rights treaty in the FSM. This treaty provides leverage for law changes and formation of new legislation to protect Women's rights in the FSM. Despite this Convention being ratified in 2004,[17] a 2004 review indicated that the FSM was non-compliant on 61% of the recognised indicators of legal compliance.[18]

Under the FSM Constitution the legal rights of women are protected,and discrimination on the grounds of sex is prohibited.[19] Although there is no national legislation criminalising sexual assault, FSM has legislation criminalising both sexual assault with penetration and sexual intercourse with girls under 13.[20]

There have been issues in Pohnpei due to the fact that sexual assault is inadmissible if the complainant and offender live together in a voluntary sexual relationship. There is no domestic violence or sexual harassment legislation in place and fault-based divorce is still practiced across the FSM,[21] however there are increasing levels of domestic violence and gender-based being reported in the country.[22] The Government has acknowledged the need for concrete data on the nature and incidence of domestic violence against women.[23]

68% of women in the Pacific Islands are affected by gender based violence.[24] As a result, there are a number of programmes and initiatives being implemented in Pacific Islands such as FSM to improve the level of women's rights, these include:

There have been a number of recommendations by Australia in a recent report to curtail violence against women in the country. These include:[27]

Similarly the Universal Periodic Review in 2010 have made comments regarding recommendations on women's rights in Micronesia. Some states expressed concern over limitations in women's rights, with Algeria, Argentina, and the United States of America identifying a "visible gender gap" still persisting in the areas of health, education and employment.[28] Brazil, Slovakia, and Spain made recommendations which ranged from putting into law a minimal period of maternity leave for women employees, to advising more thorough legislation on marriage issues.[29]

More recently in FSM, women were active and increasingly successful in private business. In 2015 it was reported that a number of women ran successful retail businesses in all four states, and the largest employers were the national and state governments, and female employees received equal pay for equal work.[30]

Methods of Protecting Human Rights

The FSM have acceded to numerous international legal treaties. These include, amongst others, the U.N. Convention on the Rights of the Child,[31] the Optional Protocol on the Involvement of Children in Armed Conflict [32] and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.[33] The delegation stressed that Micronesia's lack of resources made it difficult for them to accede to more international treaties, but nevertheless gave assurances that the country would continue looking into different treaties with the aim of joining more in the future.[34]

The four pillars of the Pacific Plan [35] provide strategies and activities towards protecting Pacific cultural, economic, legal, political and spiritual rights. The Vision of this plan states "We seek a Pacific region that is respected for the quality of its governance, the sustainable management of its resources, the observation of democratic values and for its defense and promotion of human rights."

The Preamble to the Constitution of the Federated States of Micronesia further highlights a desire to protect human rights by stating in the preamble that "(The FSM)...affirm our common wish to live together in peace and harmony; to preserve the heritage of the past, and to protect the promise of the future"[36]

The FSM has been described as a "a source country for women subjected to trafficking in persons, specifically forced prostitution in the US and the US territory of Guam, and has reportedly been a destination country for women from China forced into commercial sexual exploitation. The Government does not fully comply with the minimum standards for the elimination of trafficking, however it is making significant efforts to do so.[37] Responding to the concerns about trafficking, the FSM issued a national task-force to deal with the situation and offer solutions.

In addition, the Millennium Development Goals programme has suggested a three step implementation programme to reduce poverty and maximise human rights in the country, this states that the FSM should be:

Protection of Children

Despite being party to The Convention on the Rights of the Child, Human Rights NGOs have described the "Realisation of Children's Rights Index" as having "noticeable problems."[41] This is due to the fact that whilst attendance is compulsory for children in school from the age of 6, "due to a severe shortage of qualified teachers not all children have the chance to receive an education."[42]

Child abuse in FSM is illegal, however concerns have arisen due to the fact that the Constitution provides for a right of parental discipline, causing many cases of child abuse to go unreported.[43]

However the government has been successful in passing laws against the trafficking and sexual exploitation of children. There is a maximum penalty of 30 years' imprisonment and a $50,000 fine for such an offence. Additionally the Statutory rape laws apply to children 13 years or younger in Yap and Kosrae and 15 years or younger in Pohnpei. Problems have arisen with inconsistencies in legislation concerning filming explicit movies of underage children. The islands of Chuuk and Pohnpei have provisions against filming explicit movies of underage children, but Yap and Kosrae have no such provisions.[44]

Despite high levels of protection in the domestic legal framework, the country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,[45] which provides for an expeditious method to return a child internationally abducted by a parent from one member country to another.

References

  1. ↑ CIA The World Factbook - Population
  2. ↑ CIA The World Factbook - Population
  3. ↑ Universal Declaration on Human Rights (10 December 1948)
  4. ↑ 2010 Human Rights Report - FSM (State.gov)
  5. ↑ The Domestic Application of Human Rights in the Federated States of Micronesia by Dennis K. Yamase
  6. ↑ FSM Constitution Article 4: Constitution of the Federated States of Micronesia, subsections 3 & 4
  7. ↑ UDHR Article 4
  8. ↑ FSM Constitution Article 4: subsection 10
  9. ↑ UDHR Article 5
  10. ↑ FSM Constitution Article 4: Constitution of the Federated States of Micronesia, subsection 8
  11. ↑ UDHR Article 10
  12. ↑ FSM Constitution Article 4: Constitution of the Federated States of Micronesia, subsections 3
  13. ↑ FSM Constitution Marriage in FSM
  14. ↑ Human Rights Report 2015 Section 6: Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
  15. ↑ Human Rights Report 2015 Section 6: Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
  16. ↑ Convention on the Elimination of all Forms of Discrimination Against Women (18 December 1979)
  17. ↑ List of Parties to the Convention on the Elimination of All Forms of Discrimination Against Women
  18. ↑ Millennium Development Goals 2010: Federated States of Micronesia
  19. ↑ Constitution of The Federated States of Micronesia Article 4, Subsection 4.
  20. ↑ UN Women: Federated States of Micronesia
  21. ↑ Convention on the Elimination of all Forms of Discrimination Against Women (18 December 1979)
  22. ↑ Convention on the Elimination of all Forms of Discrimination Against Women (18 December 1979)
  23. ↑ Children in the Federated States of Micronesia An Atlas of Social Indicators at pp.52
  24. ↑ UN Women Ending Violence Against Women
  25. ↑ UN Women Ending Violence against Women, November 5, 2015.
  26. ↑ UN Women Economic Empowerment UN Women, November 5, 2015.
  27. ↑ Federated States of Micronesia: Family Health and Safety Study Australian Aid, October 2014
  28. ↑ UPR: Federated States of Micronesia
  29. ↑ UPR: Federated States of Micronesia
  30. ↑ 2015 Human Rights Report 2015 FSM
  31. ↑ Convention on the Rights of the Child
  32. ↑ Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
  33. ↑ Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others
  34. ↑ UPR: Federated States of Micronesia
  35. ↑ The Pacific Plan For Strengthening Regional Cooperation and Integration
  36. ↑ FSM Constitution
  37. ↑ Trafficking in Persons Report Micronesia 2010
  38. ↑ Millennium Development Goals FSM 2010 Section 5.1 pp.145
  39. ↑ Millennium Development Goals FSM 2010 Section 5.2 pp.145
  40. ↑ Millennium Development Goals FSM 2010 Section 5.3 at pp.145
  41. ↑ Humanium: State of Children Education
  42. ↑ Humanium: State of Children Education
  43. ↑ Human Rights Report 2015 Section 6: Children
  44. ↑ Human Rights Report 2015 Section 6: Children
  45. ↑ State Parties to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
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