Human rights in the Marshall Islands

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Lua error in package.lua at line 80: module 'strict' not found. The Marshall Islands is a country in the Pacific spread over 29 coral atolls, with 1,156 islands and islets. It has an estimated population of 68,480[1] and is one of the sixteen member states of the Pacific Islands Forum. Since 1979, the Marshall Islands has been self-governing.

While the Marshall Islands has a Bill of Rights guaranteeing fundamental rights and freedom from discrimination, it is home to a number of human rights issues. According to the Marshall Islands 2015 Human Rights Report, the "most significant human rights problems included prison conditions, chronic government corruption, and chronic domestic violence" and other human rights problems included "child abuse, sex trafficking, and lack of legal provisions protecting workers' rights."[2]

Legal framework

International obligations

As a member state of the United Nations[3] the Marshall Islands is subject to the Universal Periodic Review (UPR), a process that involves a review of human rights records. By the time of its UPR, the Marshall Islands, among other states in the Asia Pacific, was reluctant to form a National Human Rights Institution despite recommendations for its establishment from the Human Rights Council.[4] However, in 2015 the Marshall Islands passed legislation to set up a Human Rights Committee and related procedures.[5]

The Marshall Islands has ratified the following agreements:

However, no treaty has force in law until it is approved.[6]

Although the Marshall Islands intends to ratify the outstanding human rights conventions, its resource constraints have made full implementation of human rights conventions difficult in the past.[7]

Constitution

The Constitution of the Republic of the Marshall Islands sets out the powers and functions of the executive, legislative and judicial branches of Government.[8]

Article II of the constitution contains a Bill of Rights which outlines the basic rights afforded to people in the Marshall Islands. These rights include equal protection to men and women and freedom from discrimination, personal autonomy and privacy, access to health education and legal services, ethical government and other rights retained by the people.

Jean Zorn says that the rights expressed and explained in Article II "tend to follow American models closely, with no particular modifications to make them applicable to the special circumstances and culture of the Marshalls".[9] Additionally, the Bill of Rights has been criticised for being of "such liberality that its practical application by [the Courts] would serve to defeat the purposes of the criminal justice system taking into account the circumstances now prevailing in the Republic."[10]

Legislation

In 2015, the Nitijela (Parliament) enacted the Human Rights Committee Act 2015 in order to establish a Human Rights Committee and to provide for its "membership, functions, powers and administration" as well as to "establish a complaints mechanism for the redress of human rights violations".[11]

Human rights issues

Right to life

The death penalty was abolished by the constitution when the small Pacific archipelago became independent in 1986.[12]

Electoral rights

Legislative power is vested in the Nitijela (Parliament).[13] The Nitijela has 33 seats which are elected under a system of universal suffrage.[14] Access to electoral processes is protected by sections 14(2) and (3) of the Bill of Rights.[15]

A citizen of the Marshall Islands is not qualified to be registered as an elector if he or she:

  • is under the age of 18[16]
  • is certified to be insane[17]
  • is serving a sentence of imprisonment or is released on parole or probation in respect of his or her conviction for a felony[18]

Absentee voting is allowed. Since many Marshallese reside in the US, the majority of votes are cast by people who are not experiencing life in the Marshall Islands.[19]

Access to justice

Access to judicial process is protected by section 14 of the Bill of Rights. According to subsection 1, "[e]very person has the right to invoke the judicial process as a means of vindicating any interest preserved or created by law, subject only to regulations which limit access to courts on a non-discriminatory basis."[20]

Furthermore, section 4 of the Bill of Rights entitled, "Due Process and Fair Trials", expresses that "no person shall be deprived of ... liberty, or property without due process of law."[21]

Freedom of religion

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Main article: Religion in the Marshall Islands

The constitution expressly provides for freedom of thought, conscience and belief.[22] This seems to have been adhered to as there have been no reports of major societal actions affecting religious freedom.[23] While the majority (around 52 percent) of the population belongs to the United Church of Christ, there are also a number of other religions practised and there is no one particular religion enforced in public schools. Rather, most schools merely begin and end certain events with an interdenominational Christian prayer.[24]

Freedom of expression

Freedom of expression is guaranteed by section 1(2)(c) of the Bill of Rights, which states that no-one will be penalised merely on the basis of disagreement with the ideas or beliefs expressed.[25]

Labour law

The Government is the main employer in the Marshall Islands. There is no legislation relating to collective bargaining, trade union organisation or striking.[26]

The current minimum wage is USD2.00 but a 2016 Amendment Bill intends to increase the amount to USD3.00.[27] The minimum wage is lower than in the US. This, along with the fact that the Compact of Free Association entitles Marshallese citizens to live, work and study in the US visa-free as "non-immigrant residents", has resulted in many Marshallese citizens migrating to the US for its higher wages and standards of living.[28]

The Marshall Islands has been a member of the International Labor Organisation (ILO) since 2007, although, its involvement has been limited.[29]

Racial discrimination

Section 12 of the Bill of Rights headed, "Equal protection and Freedom from Discrimination", guarantees protection against discrimination on the basis of race, among other factors.[30]

Women's rights

Women's rights are a significant issue in the Marshall Islands "given the absence in the over-arching freedom from discrimination clause of sex or gender as a prohibited ground of discrimination." [31] Furthermore, while the constitution guarantees equal protection of the law, the CEDAW Legislative Compliance Review noted the constitution does not guarantee equal benefits or outcomes as required by [CEDAW].[32]

Despite this, the Marshall Islands achieved its 2015 targets relating to gender equality and women's empowerment set by the Millennium Development Goals.[33]

LGBT rights

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Main article: LGBT rights in the Marshall Islands

Equal age of consent has also existed since 2005.

Children's rights

While the Marshall Islands has ratified the Convention on the Rights of the Child, it does not yet have force of law.[34] However, "national law is interpreted where possible in a manner consistent with the CRC and other international human rights obligations."[35]

Other than sections 119-113 of the Domestic Relations Act 1980, there are no laws or official procedures for adoption. As such, section 119 has free reign, giving the courts the room to create their own rules and procedures relating to adoption. Jack Jorban says this is contrary to the Bill of Rights which is contained in the Constitution of the Republic of the Marshall Islands.[36]

Although the constitution prohibits discrimination on certain grounds, the Committee on the Rights of the Child stated in its concluding observation in 2007, that it remained concerned that the principle of non-discrimination was not fully implemented for children living in the outer islands and in disadvantaged urban communities, "especially with regard to their access to adequate health and educational facilities."[37]

Rights of persons with disabilities

In addition to ratifying the Convention on the Rights of Persons with Disabilities (CRPD) in 2015, the Marshall Islands passed into law the Human Rights Committee Act 2015, the Domestic Violence Protection Prevention Act 2011, the Child Protection Act 2015 and the Rights of Persons with Disabilities Act 2015.[38]

The constitution does not include disability in its listing of specific prohibited grounds of discrimination. Additionally, the Marshall Islands National Policy on Disability Inclusive Development – 2014-2018 states that "attitudes towards PWD [persons with disabilities] are typically negative with teasing and mocking commonplace, reinforcing stigma and stereotypes."[39]

Human trafficking

File:Marshall Islands Tier Ranking by Year from the Trafficking in Persons Report 2015.png
Marshall Islands Tier Ranking by Year. Source: Trafficking in Persons Report 2015 at 240.

The Trafficking in Persons Report 2015 categorised the Marshall Islands as a Tier 3 country in regards to human trafficking which means it does not fully comply with the minimum standards and is not making significant efforts to do so.[40] This categorisation occurred automatically because any country that has been rated Tier 2 Watch List for two consecutive years, will receive Tier 3 ranking in the third year. Additionally, the RMI does not have a written plan for bringing itself into compliance with the minimum standards for the elimination of trafficking and consequently its automatic Tier 3 status cannot be waived.

It is both a source and destination country for RMA women and girls and women from East Asia subjected to sex trafficking.[41]

Human rights projects

There have been several human rights initiatives that have aimed at improving various human rights issues in the Marshall Islands. For instance, United Nations Women has a Marshall Island project[42] which was completed in 2010, aimed at enabling Marshallese women to fully participate in democratic processes and address gender imbalance at all levels of decision-making.

Human rights in the news

Nuclear testing

Human rights in the Marshall Islands have been violated, particularly as a result of US nuclear testing. During the Cold War, the Marshall Islands was used as a testing site for the US's expanding nuclear arsenal. For instance, between 1946 and 1958, 67 nuclear tests were conducted at the islands. The Castle Bravo test of March 1954 is particularly poignant because it released thirty times more radioactive iodine than the 2011 Fukushima and 1986 Chernobyl leaks combined.[43]

In 2012 the Marshall Islands Minister of Foreign Affairs Phillip H Miller said that "much more remains to be done to address the past, present, and future such impacts on the basic human rights" of the Marshallese communities affected by the US's nuclear weapons testing program.[44]

References

  1. ↑ Nitijela Home Page https://rmiparliament.org/cms/
  2. ↑ Marshall Islands 2015 Human Rights Report at 1. Available online at http://www.state.gov/documents/organization/252991.pdf. Accessed: 29 April 2016.
  3. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ Sonia Cardenas Chains of Justice: The Global Rise of State Institutions for Human Rights (University of Pennsylvania Press, Philadelphia, 2014) at 248.
  5. ↑ Human Rights Committee Act 2015 (The Marshall Islands)
  6. ↑ Jean Zorn "The Republic of the Marshall Islands" in Michael Ntumy (ed) South Pacific Islands Legal Systems (University of Hawaii Press, United States of America, 1993) at 104.
  7. ↑ Marshall Islands, National Report Submitted in accordance with Paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1, 9th less., UN Doc. A/HRC/WG.6/9/MHL/1/Rev.1 (9 November 2010) at paras 48 and 86.
  8. ↑ Constitution of the Republic of the Marshall Islands, Art 6.
  9. ↑ Jean Zorn "The Republic of the Marshall Islands" in Michael Ntumy (ed) South Pacific Islands Legal Systems (University of Hawaii Press, United States of America, 1993) at 115.
  10. ↑ Nitijela Bill No: 7ND1, 2005 at 5.
  11. ↑ Human Rights Committee Act 2015 (The Marshall Islands)
  12. ↑ Constitution of the Republic of the Marshall Islands 1979, section 6(1):"No crime under the law of the Republic of the Marshall Islands may be punishable by death."
  13. ↑ The Constitution of the Republic of the Marshall Islands, Article IV, Section 1.
  14. ↑ The Constitution of the Republic of the Marshall Islands, Article IV, Section 3.
  15. ↑ The Constitution of the Republic of the Marshall Islands, Article II, Section 14(2) and (3).
  16. ↑ The Constitution of the Republic of the Marshall Islands, Article IV, Section 3(1).
  17. ↑ The Constitution of the Republic of the Marshall Islands, Article IV, Section 3(2)(a).
  18. ↑ The Constitution of the Republic of the Marshall Islands, Article IV, Section 3(2)(b).
  19. ↑ Jon Fraenkel "The Marshall Islands: a high proportion of external voters" in The International IDEA Handbook (2007) at 108. Available online at http://www.idea.int/publications/voting_from_abroad/upload/chap4-marsh.pdf Accessed on: 30 April 2016.
  20. ↑ The Constitution of the Republic of the Marshall Islands, Article II, Section 14(1) and (3).
  21. ↑ The Constitution of the Republic of the Marshall Islands, Article II, Section 4(1).
  22. ↑ The Constitution of the Republic of the Marshall Islands, Article II, Section 1
  23. ↑ International Religious Freedom Report for 2014, Bureau of Democracy, Human Rights and Labour. Available online at http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm#wrapper Accessed: 29 April 2016.
  24. ↑ International Religious Freedom Report for 2014, Bureau of Democracy, Human Rights and Labour. Available online at http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm#wrapper Accessed: 29 April 2016.
  25. ↑ The Constitution of the Republic of the Marshall Islands, Article II, Section 2(c).
  26. ↑ House (US) Committee on Foreign Affair, Senate Committee on Foreign Regulations "Country Reports on Human Rights Practices for 2007" (2008) Vol.1 110th Congress 2nd Session at 903.
  27. ↑ Minimum Wage (Amendment) Act 2016 - Nitijela BILL No:16Index Available online at http://rmiparliament.org/cms/images/LEGISLATION/BILLS/20/2016-16/MinimumWageAmendmentAct2016.pdf
  28. ↑ "2012 Investment Climate Statement - Marshall Islands" (June 2012) U.S. Department of State http://www.state.gov/e/eb/rls/othr/ics/2012/191946.htm Accessed: 25 April 2016
  29. ↑ "2012 Investment Climate Statement - Marshall Islands" (June 2012) U.S. Department of State http://www.state.gov/e/eb/rls/othr/ics/2012/191946.htm Accessed: 25 April 2016
  30. ↑ The Constitution of the Republic of the Marshall Islands, Article II, Section 12.
  31. ↑ Natalie Baird The Universal Periodic Review: building a bridge between the Pacific and Geneva? in Hilary Charlesworth and Emma Larking (ed) Human Rights and the Universal Periodic Review (Cambridge University Press, Cambridge, 2015) at 194 Available from: Cambridge Books Online <http://dx.doi.org.ezproxy.canterbury.ac.nz/10.1017/CBO9781316091289.014> Accessed 29 April 2016.
  32. ↑ Marshall Islands CEDAW Legislative Compliance Review Available online at http://iknowpolitics.org/sites/default/files/chapter_marshall20islands.pdf Accessed on 1 May 2016
  33. ↑ MDG Track: Marshall Islands Available online at http://www.mdgtrack.org/popup-country.php?t=popup&c=MHL Accessed 2 May 2016.
  34. ↑ Constitution of the Marshall Islands, Article V, Section 1(4), available at http://www.paclii.org/mh/legis/consol_act/cotmi363/("No treaty or other international agreement which is finally accepted by or on behalf of the Republic on or after the effective date of this Constitution shall, of itself, have the force of law in the Republic").
  35. ↑ https://www.crin.org/sites/default/files/marshallislands_access_to_justice.pdf
  36. ↑ Jack Jorban "Baby Business for Agencies? Adoption in the Marshall Islands" in Anono Lieom Loeak, Veronica Kiluwe and Linda Crowl (ed) Life in the Republic of the Marshall Islands (University of Pacific Studies, Suva, 2004) at 58.
  37. ↑ Committee on the Rights of the Child Distr. GENERAL 44, CRC/C/MHL/CO/2 (2007) at 6. Available online at: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fMHL%2fCO%2f2&Lang=en Accessed 25 April 2016.
  38. ↑ United Nations Human Rights Office of the High Commissioner "Republic of the Marshall Islands: Discussion on the gender-related dimensions of disaster risk reduction and climate change". Available online at: http://www.ohchr.org/EN/PublicationsResources/Pages/Publications.aspx Accessed: 30 April 2016.
  39. ↑ Amy Riklon "Marshall Islands: Developing Policy for Persons with Disabilities" (2015) 80 Asia-Pacific Human Rights Information Center: FOCUS 5. Available online at http://www.hurights.or.jp/archives/focus/section1/Focus80.pdf Accessed 1 May 2016.
  40. ↑ "Marshall Islands", Trafficking in Persons Report 2015 at 240. Available online at http://www.state.gov/documents/organization/243560.pdf Accessed: 25 April 2016.
  41. ↑ "Marshall Islands", Trafficking in Persons Report 2015 at 240. Available online at http://www.state.gov/documents/organization/243560.pdf Accessed: 25 April 2016.
  42. ↑ http://www.unwomen.org.nz/marshall-islands-project
  43. ↑ Elizabeth Peet "The Tragic Confusion of Adoption from the Marshall Islands" (25 June 2015) The Wilson Quarterly http://wilsonquarterly.com/stories/the-tragic-confusion-of-adoption-from-the-marshall-islands/ Accessed: 25 April 2016
  44. ↑ Barbara Rose Johnston "Nuclear Betrayal in the Marshall Islands" CounterPunch 2012 Available online at: https://alethonews.wordpress.com/tag/marshall-islands/ Accessed: 1 May 2016

External links

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