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.CIA The World Factbook - Population 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).Universal Declaration on Human Rights (10 December 1948) Key human rights concerns in FSM include judicial delays, government corruption, discrimination against women, domestic violence and child neglect.2010 Human Rights Report - FSM (State.gov)
The 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.The Domestic Application of Human Rights in the Federated States of Micronesia by Dennis K. Yamase 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.FSM Constitution Article 4: Constitution of the Federated States of Micronesia, subsections 3 & 4
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.UDHR Article 4 Article 4 Section 10 provides that slavery and involuntary servitude are prohibited except to punish crime FSM Constitution Article 4: subsection 10
Similarly article 5 of the UDHR provides that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."UDHR Article 5 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."FSM Constitution Article 4: Constitution of the Federated States of Micronesia, subsection 8
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."UDHR Article 10 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."FSM Constitution Article 4: Constitution of the Federated States of Micronesia, subsections 3
LGBT rights
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.FSM Constitution Marriage in FSM Similarly no laws prohibit discrimination against LGBT persons in employment, housing, or access to education and health care,Human Rights Report 2015 Section 6: Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity 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."Human Rights Report 2015 Section 6: Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Women's rights
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)Convention on the Elimination of all Forms of Discrimination Against Women (18 December 1979) 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,List of Parties to the Convention on the Elimination of All Forms of Discrimination Against Women a 2004 review indicated that the FSM was non-compliant on 61% of the recognised indicators of legal compliance.Millennium Development Goals 2010: Federated States of Micronesia
Under the FSM Constitution the legal rights of women are protected, and discrimination on the grounds of sex is prohibited.Constitution of The Federated States of Micronesia Article 4, Subsection 4. 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.UN Women: Federated States of Micronesia
There have been issues in Pohnpei because 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,Convention on the Elimination of all Forms of Discrimination Against Women (18 December 1979) however there are increasing levels of domestic violence and gender-based being reported in the country.Convention on the Elimination of all Forms of Discrimination Against Women (18 December 1979) The Government has acknowledged the need for concrete data on the nature and incidence of domestic violence against women.Children in the Federated States of Micronesia An Atlas of Social Indicators at pp.52
68% of women in the Pacific Islands are affected by gender based violence.UN Women Ending Violence Against Women 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: Ending Violence Against Women (EVAW) Programme:UN Women Ending Violence against Women, November 5, 2015. providing knowledge for strengthened EVAW legislation Women's Economic Empowerment Programme:UN Women Economic Empowerment UN Women, November 5, 2015. providing support and increased knowledge for decision makers on the economic situation for women in FSM.
There have been a number of recommendations by Australia in a recent report to curtail violence against women in the country. These include:Federated States of Micronesia: Family Health and Safety Study Australian Aid, October 2014 Providing social services, particularly counselling services to women suffering from violence Create shelters and other social services institutions with health, counseling, and security staff adequately trained to serve abused women and children. Locate shelters for abused women and their children close by a respected local leader to provide them with further security from the abusers. Strengthen the health system through the development of medical protocols and capacity building programs for medical staff to better respond to VAW.
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.UPR: Federated States of Micronesia 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.UPR: Federated States of Micronesia
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.2015 Human Rights Report 2015 FSM
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,Convention on the Rights of the Child the Optional Protocol on the Involvement of Children in Armed Conflict and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others 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.UPR: Federated States of Micronesia
The four pillars of the Pacific PlanThe Pacific Plan For Strengthening Regional Cooperation and Integration 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"FSM Constitution
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.Trafficking in Persons Report Micronesia 2010 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: Using GIS technology, map the three components of poverty defined by the ADB (poverty of services, poverty of opportunity, and poverty of expenditures/income). This will identify communities and geographic areas at greatest risk of poverty.Millennium Development Goals FSM 2010 Section 5.1 pp.145 Using the results of the mapping exercise, develop population specific strategies to address hardship and need by combining macro-economic interventions with targeted anti-poverty interventions and involving the communities/households most affected in planning.Millennium Development Goals FSM 2010 Section 5.2 pp.145 Develop a formal National Poverty Alleviation Strategy to be integrated into the National Sustainable Development Plan that links macro-economic interventions with population specific economic and non-economic interventions.Millennium Development Goals FSM 2010 Section 5.3 at pp.145
Protection of children