U.S. Department of State Country Report on Human Rights Practices 2000 - Micronesia
|Publisher||United States Department of State|
|Publication Date||26 February 2001|
|Cite as||United States Department of State, U.S. Department of State Country Report on Human Rights Practices 2000 - Micronesia , 26 February 2001, available at: http://www.refworld.org/docid/3ae6aa9610.html [accessed 22 October 2014]|
|Comments||This report is submitted to the Congress by the Department of State in compliance with sections 116(d) and 502(b) of the Foreign Assistance Act of 1961 (FAA), as amended, and section 504 of the Trade Act of 1974, as amended. The law provides that the Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by February 25 "a full and complete report regarding the status of internationally recognized human rights, within the meaning of subsection (A) in countries that receive assistance under this part, and (B) in all other foreign countries which are members of the United Nations and which are not otherwise the subject of a human rights report under this Act." We have also included reports on several countries that do not fall into the categories established by these statutes and that thus are not covered by the congressional requirement.|
The Federated States of Micronesia (FSM) is composed of 607 small islands extending over a large area of the central Pacific. Four states – Chuuk (formerly Truk), Kosrae, Pohnpei, and Yap – make up the federation. The population is estimated at 130,000, mostly of Micronesian origin. The four states were part of the Trust Territory of the Pacific Islands and were administered by the United States from 1947 to 1986 pursuant to an agreement with the United Nations. Political legitimacy rests on the popular will expressed by a majority vote through elections in accordance with the Constitution. There are three branches of government: An executive branch led by a president who also serves as head of state; a unicameral legislature elected from the four constituent states; and an independent judicial system that applies criminal and civil laws and procedures that closely paralleling those of the United States. Traditional leaders retain considerable influence.
Under the Compact of Free Association, the United States is responsible for the islands' defense. The FSM has no security forces apart from national police, who operate under the office of the Secretary of Justice, and public safety officers, who operate under the authority of the attorney generals of the individual state governments.
The economy depends heavily on transfer payments from the United States, fishing, tourism, and subsistence agriculture.
The Government generally respects the human rights of its citizens, and the law and judiciary provide effective means of dealing with individual instances of abuse. Traditional customs distinguish between persons on the basis of social status and sex. There is growing evidence of increased spousal abuse and child neglect, and government agencies often ignore such problems due to the constraints imposed by traditional society. Neither the Government nor other organizations successfully have filled the role of the traditional extended family in protecting and supporting its members.
RESPECT FOR HUMAN RIGHTS
1. Respect for the Integrity of the Person, Including Freedom From:
a. Political and Other Extrajudicial Killing
There were no reports of political killings. There was a suspicious death of a prisoner in custody early in the year, and a March 1999 prisoner suicide (see Section 1.c.). Both cases remain open but are not known to be under active investigation.
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There was no pattern of torture or other cruel, inhuman, or degrading treatment or punishment. In August two off-duty policemen reportedly beat a foreign national at a bar in Pohnpei. Both officers were dismissed from the police force, and the case was referred to the Attorney General for prosecution.
Prison conditions meet minimum international standards. There was a suspicious death of a prisoner in custody early in the year, and a March 1999 suicide of a prisoner (see Section 1.a.). Both cases remain open but are not known to be under active investigation.
No local organizations concern themselves solely with human rights, and the question of prison visits by human rights monitors did not arise during the year.
d. Arbitrary Arrest, Detention, or Exile
Legal procedures, for the most part patterned after U.S. law, provide for due process, which is carefully observed.
The Government does not use forced exile.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and it is independent in practice.
The Chief Justice of the Supreme Court is appointed by the President, with the advice and consent of the legislature.
Public trial is provided for in the Bill of Rights, and trials are conducted fairly. Juveniles may have closed hearings. Despite these provisions, cultural resistance to litigation and incarceration as methods of maintaining public order has allowed some persons to act with impunity. Serious cases of sexual and other assault and even murder have not gone to trial, and suspects routinely are released indefinitely. Bail, even for major crimes, usually is set low.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law prohibits such arbitrary interference, and in practice privacy rights are respected.
2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for these rights, and the Government generally respects them in practice. A new biweekly newspaper, Rohng En Pohnpei, published its first issue on November 30 in Pohnpei State.
The national Government and the four states publish newsletters. Each of the four state governments controls a radio station that broadcasts primarily in the local language. One religious group operates a private radio station. The population of Pohnpei has increasing access to live satellite-televised information from around the world and tape-delayed broadcasts of programming by the major U.S. networks. However, none of the other three states has a television receiver station, and few residents have individual satellite dishes.
There is an increasing level of open public discussion of social and governmental issues on various Internet sites. The Internet plays an important role in allowing citizens in the four states, as well as those residing outside the country, an opportunity to share views and opinions.
Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
The Bill of Rights provides for freedom of peaceful assembly, and the Government respects this right in practice. During political campaigns, citizens often question candidates at public meetings and social gatherings.
The Bill of Rights provides for freedom of association, and the Government respects this right in practice. Formal associations are uncommon, but organizations for students and women exist.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government respects this right in practice. The Bill of Rights forbids the establishment of a state religion and governmental restrictions on freedom of religion. Missionaries of many faiths work in the country without hindrance.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement within the country. It is silent on foreign travel, emigration, and repatriation, but in practice none of these are restricted.
The three Vietnamese who fled a U.N. High Commissioner for Refugees camp in Indonesia and sailed to Yap state in 1998 remain there. The Government has not found another country willing to accept them.
The Government has not formulated a policy regarding refugees, asylees, or first asylum. To date there has never been a request for asylum in the country.
3. Respect for Political Rights: The Right of Citizens to Change Their Government
Citizens have the right to change their government. The Congress is elected by popular vote from each state; the Congress then chooses the President and Vice President from among its four at large senators by majority vote. State governors, state legislators, and municipal governments are elected by direct popular vote. Political campaigning is unrestricted. There are no established political parties, and political support generally is sought from family and allied clan groupings, as well as religious groups.
There are no restrictions on the formation of political groups, but there have been no significant efforts to form political parties.
Cultural factors in the male-dominated society have limited women's representation in government and politics. Although women hold midlevel positions at both the federal and state level, women are severely underrepresented in leadership roles at the highest government levels. The first woman to hold a national government cabinet position was appointed in 1999; she continues to serve as Public Defender.
4. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
There were no known requests for investigations of alleged human rights violations. While there are no official restrictions, no local groups concern themselves exclusively with human rights. However, there are groups that address problems concerning the rights of women and children.
5. Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status
Although the Constitution provides explicit protection against discrimination based on race, sex, language, or religion, there is extensive societal discrimination, notably discrimination and violence against women. Government enforcement of these constitutional protections is weak.
Most violence against women occurs in the family context. In the traditional Micronesian extended family unit, spouses and children were accorded strong protections from violence, abuse, and neglect. Such actions were deemed offenses against the family, not just the individuals within them, and were addressed by a complex system of familial sanctions. However, with increasing urbanization and monetarization of the economy, greater emphasis has been placed on the nuclear family, and the traditional methods of coping with family discord are breaking down. No government agency, including the police, has succeeded in replacing the extended family system or in addressing the problem of family violence directly.
Incidents of spousal abuse, often of increasing severity, continue to rise. There are no laws against domestic abuse, and there are no governmental or private facilities to shelter and support women in abusive situations. Effective prosecution of such offenses is rare. In many cases, the victim decides against initiating legal charges because she is pressured by family, is fearful of further assault, or is convinced that the police will not involve themselves actively in what is seen as a private family problem. The number of cases of physical and sexual assaults against women outside the family context also is growing. Such assaults are perpetrated against both citizens and foreigners. Unmarried women sometimes are considered to have invited such violence by living or traveling alone.
Women have equal rights under the law, and there are no cultural or institutional barriers to education and employment. Women receive equal pay for equal work and are well represented in the lower and middle ranks of government. Women are active and increasingly successful in private business and enterprises. A National Women's Advisory Council has existed since 1992, and several small nongovernmental groups are interested in women's issues, particularly those associated with spousal and family violence and abuse.
The Government is committed to children's welfare through its programs of health care and education; however, these programs have been inadequate to meet the needs of the country's rapidly growing population, in an environment in which the extended family is breaking down. In November there were at least five suicides of youths in Pohnpei. Health officials and religious leaders have proposed starting peer support and family care groups to address the factors that may be leading to this increase in suicides.
A compulsory education law requires that all children begin school at the age of 6. Children may leave school when they reach the age of 14 or after completing the 8th grade, whichever comes first (see Section 6.d.).
People With Disabilities
Neither laws nor regulations mandate accessibility to public buildings and services for the disabled. The school system has established special education classes to address problems encountered by those who exhibit learning disabilities, although such classes are completely dependent on nongovernment funding. Some private businesses provide handicap parking spaces and ramps for wheelchair access.
The law prohibits noncitizens from purchasing land, and the national Congress grants citizenship to non-Micronesians only in rare individual cases (an authority that was exercised during 1998, following a lapse of almost 20 years). However, for the most part, noncitizens share fully in the social and cultural life of the country.
6. Worker Rights
a. The Right of Association
Under the Bill of Rights, citizens have the right to form or join associations, and national government employees by law may form associations to "present their views" to the Government. However, for a variety of reasons, including the fact that most private sector employment is in small-scale family-owned business and that Micronesians are not accustomed to collective action. There are neither associations nor trade unions. The country is not a member of the International Labor Organization.
b. The Right to Organize and Bargain Collectively
No law deals specifically with trade unions or with the right to collective bargaining. Individual employers, the largest of which are the national and state governments, set wages. There were no reports of strikes, labor disputes, or collective bargaining agreements in the country's history.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution specifically prohibits involuntary servitude, and there is no evidence of its practice. Children are not cited specifically in this prohibition, but forced and bonded labor by children is not known to occur.
d. Status of Child Labor Practices and Minimum Age for Employment
There is no law establishing a minimum age for employment of children. While in practice there is no employment of children for wages, they often assist their families in subsistence farming activities. A compulsory education law requires all children to begin school at the age of 6. Children may leave school when they reach the age of 14 or after completing the 8th grade, whichever comes first. Neither the Constitution nor the law specifically prohibits forced and bonded labor by children, but such practices are not known to occur (see Section 6.c.).
e. Acceptable Conditions of Work
The four state governments have established minimum wage rates for government workers. Pohnpei has a minimum hourly wage rate of $2.00 for government and $1.35 for private workers. The other three states have established minimum hourly rates only for government workers: $1.25 for Chuuk; $1.49 for Kosrae; and $0.80 for Yap. The minimum hourly wage for employment with the national Government is $1.68. These minimum wage structures and the wages customarily paid to skilled workers are sufficient to provide a decent standard of living for a worker and family. The minimum wage is enforced through the tax system, and this mechanism is believed to be effective.
There are no laws regulating hours of work (although a 40-hour workweek is standard practice) or prescribing standards of occupational safety and health. A federal regulation requires that employers provide a safe workplace. The Department of Health has no enforcement capability; working conditions vary in practice.
Two states permit foreign laborers to work in garment manufacturing enterprises. The foreign laborers are paid at a lower rate than citizens who work at the factories, work longer hours per day, and work a 6-day week in contrast to the 5-day week for citizens.
There is no law for either the public or private sector that would permit workers to remove themselves from dangerous work situations without jeopardy to their continued employment.
f. Trafficking in Persons
The law does not specifically address the subject of trafficking in persons; however, there were no reports that persons were trafficked to, from, within or through the country.