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US Department of State Country Reports on Human Rights Practices The Marshall Islands Human Rights Practices 1997  |
The Republic of the Marshall Islands, a self-governing nation under the Compact of Free Association with the United States, is composed of 34 atolls in the central Pacific, with a total land area of about 70 square miles. The approximately 56,000 inhabitants are of Micronesian origin and concentrated primarily on Majuro and Kwajalein atolls.
The Constitution provides for free and fair elections, executive and legislative branches, and an independent judiciary. The legislature consists of the Nitijela, a 33-member Parliament, and a Council of Chiefs (Iroij), which serves a largely consultative function dealing with custom and traditional practice. The President is elected by majority Nitijela vote and he appoints his Cabinet from its membership. The Government attempts to influence judicial matters.
Under the Compact of Free Association, the United States is responsible for defense and national security, and the Marshall Islands has no external security force of its own. The national and local police forces have responsibility for internal security. These agencies honor constitutional and legal civil rights protections in executing their responsibilities.
The economy depends mainly on transfer payments from the United States. Coconut oil and copra exports, a small amount of tourism, import and income taxes, and fishing licensing fees generate limited revenues.
The Government generally respected the human rights of its citizens, and the law and judiciary provide effective means of dealing with individual instances of abuse. However, government influence leads to occasional media self-censorship, and also affects judicial matters. There were instances of denial of due process for detainees. Violence against women and child abuse are problems.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom From:
a. Political and Other Extrajudicial Killing
- There were no reports of political or other extrajudicial killings.
- There were no reports of politically motivated disappearances.
- The Constitution expressly forbids such practices, and there were no reports that officials employed them. Prison conditions, while Spartan, meet minimal international standards. The Government permits visits by human rights monitors.
- The Constitution prohibits arbitrary arrest, detention, or exile, and the Government generally observes this prohibition. One case of arbitrary detention resulted in denying a prisoner for 8 months his right to hear charges against him and his right to a prompt judicial determination of the legality of the detention. In 10 other reported cases, each lasting up to 1 month, persons were denied their rights to be charged or released within a period of time, or to be informed of the charges.
- The Constitution provides for an independent judiciary. However,
the Government attempts to influence judicial matters. The legislature,
for example amended the Judiciary Act to resolve any inconsistency
between the rule of the court and an act of the legislature in
favor of acts of the legislature. It also made significant changes
to the country's civil rules and process apparently without counsel
or consideration of the effects on the court system or the populace.
- The Constitution provides for the right to a fair trial, and the
Government generally respects this right.
- The judiciary consists of a Supreme Court with appellate jurisdiction,
a High Court with general jurisdiction in civil and criminal matters
and appellate jurisdiction over subordinate courts at the district
and community levels, and a Traditional Rights Court with jurisdiction
in cases involving matters of customary law and traditional practice.
- There were no reports of political prisoners.
- The Constitution provides for freedom from such practices, government authorities respect these prohibitions, and violations are subject to effective legal sanction.
a. Freedom of Speech and Press
- The Constitution provides for freedom of speech and the press,
and the Government generally honors these rights in practice.
However, government influence leads to occasional self-censorship
by the media in areas of political or cultural sensitivity.
- There is a privately owned weekly with articles and opinions
in both English and the Marshallese language.
- The Government publishes a monthly gazette containing official
news and notices only.
- There are four radio stations, one government owned and three
privately owned. There is a cable television company that normally
shows U.S. programming but occasionally covers local events.
- The Government respects academic freedom.
- The Constitution provides for freedom of peaceful assembly and association, and this is observed in practice.
- The Constitution provides for freedom of religion, and the Government respects this right in practice.
- The Constitution provides for these rights, and the Government
respects them in practice.
- There are no recent reports of refugees. The Government has not formulated a policy regarding refugees, asylees, or first asylum.
The Constitution provides citizens with the right to change their government peacefully, and citizens exercise this right through periodic elections. The Nitijela (Parliament) and mayors are elected by secret ballot every four years with universal suffrage for citizens 18 years of age and older. The President is selected by the Nitijela from among its 33 members. Ten Cabinet Ministers are then selected by the President from among his closes supporters in the Nitijela. Executive power is centralized in the president and his cabinet. This elite group dominates the legislature as well. There are no restrictions on the formation of political parties, but no formal parties exist. Political activity by foreigners is prohibited.
There are no legal impediments to women's participation in government and politics. One woman holds a deputy minister position, and a woman is acting mayor of Majuro. Society is matrilineal, and those men and women who exercise traditional leadership and land ownership powers base their rights either on their own positions in the family, or on relationships deriving from their mother's and sister's lineage. Urbanization, however, and the movement away from the lands they control, is leading to a decline in the traditional authority previously exercised by women. Women's cultural responsibilities and traditionally passive roles are not seen to be managerial or executive in nature, and they remain underrepresented in Parliament and other government positions.
Section 4 Governmental Attitude Regarding International
and Nongovernmental Investigations of Alleged Violations of Human
Rights
While there are no official restrictions, no local nongovernmental human rights organizations have been formed. No international human rights organization has expressed interest or concern or visited the country.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of sex, race, color, language, religion, political or other opinion, national or social origin, place of birth, family status or descent, and the Government generally respects these provisions.
Women
- The Government identifies spousal abuse as increasingly common.
Wife beating is not condoned in society, and most assaults occur
while the assailant is under the influence of alcohol. The Government's
health office provides counseling for reported spouse and child
abuse cases, but advises that many cases go unreported. Assault
is a criminal offense, but women involved in domestic violence
are reluctant to prosecute spouses in the court system. Women's
groups publicize women's issues and attempt to create a greater
awareness of the rights of women. Violence against women outside
the family occurs, and women in the urban centers would assume
a risk by going out alone after dark.
- Inheritance of property and of traditional rank is matrilineal, with women occupying positions of importance within the traditional system. No instances of unequal pay for equal work or sex-related job discrimination were reported. However, while women workers are very prevalent in the private sector, many of them are in low paying jobs with little hope of advancement.
- The Government is committed to children's welfare through its
programs of health care and free education, but these have not
been adequate to meet the needs of the country's sharply increasing
population.
- It is estimated that up to 20 percent of elementary school age
children are not enrolled in school. The Government's enrollment
report indicates that only two-thirds of those completing eighth
grade attend high school. Of that number, 50 percent eventually
graduate.
- Child abuse and neglect are criminal offenses. Although the Government has ratified the Convention on the Rights of the Child, awareness of the Convention and its provisions remain low at the community level. The law requires teachers, caregivers, and other persons to report instances of child abuse and exempts them from civil or criminal liability as a consequence of making such a report. However, there are few reports and few prosecutions. Child abuse and neglect are considered to be on the increase. Apparently contributing to the problem are the influences on family life and traditional values arising from increased urbanization, unemployment, population pressures, two-earner households, and the availability of gambling and alcohol.
- There is no apparent discrimination against disabled persons in employment, education, or in the provision of other state services. There are no building codes, and there is no legislation mandating access for the disabled.
a. The Right of Association
- The Constitution provides for the right of free association in general, and the Government interprets this right as allowing the existence of labor unions, although none has been formed to date. The Constitution does not provide for the right to strike, and the Government has not addressed this issue.
- There is no legislation concerning collective bargaining or trade union organization. However, there are no impediments to the organization of trade unions or to collective bargaining. Wages in the cash economy are determined by market factors in accordance with the minimum wage and other laws.
- The Constitution prohibits involuntary servitude, and there is no evidence of its practice. The law does not specifically prohibit forced and bonded labor by children but such practices are not known to occur.
- The law does not specifically prohibit forced and bonded labor
by children, but such practices are not known to occur (see Section
6.c.).
- The law does not prohibit the employment of children. Children are not typically employed in the wage economy, but some assist their families with fishing, agriculture, and other small-scale domestic enterprises. The law requires compulsory education for children from 6 to 14 years of age; but the Government does not enforce this law due to a lack of classrooms and teachers. There is no law or regulation setting a minimum age for employment of children.
- There is a government-specified minimum wage established by law,
and it is adequate to maintain a decent standard of living in
this subsistence economy where extended families are expected
to help less fortunate members. The minimum wage for all government
and private sector employees is $2.00 per hour. (The U.S. dollar
is the local currency.) The Ministry of Resources and Development
oversees minimum wage regulations, and its oversight has been
deemed adequate. Foreign employees and Marshallese trainees of
private employers who have invested in or established a business
in the country are exempt from minimum wage requirements. This
exemption does not affect a significant segment of the work force.
- There is no legislation concerning maximum hours of work or occupational
safety and health. Most businesses are closed and people generally
refrain from work on Sunday.
- A government labor office makes recommendations to the Nitijela on working conditions, i.e., minimum wage, legal working hours and overtime payments, and occupational health and safety standards in accordance with International Labor Organization conventions. The office periodically convenes board meetings that are open to the public. There is no legislation specifically giving workers the right to remove themselves from situations which endanger their health or safety without jeopardy to their continued employment, and there is no legislation protecting workers who file complaints about such conditions.
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Bibliographic citation for this document
US Department of State (1998) Country Reports on Human Rights Practices. The Marshall Islands Human Rights Practices. 1997. Released by the Bureau of Democracy, Human Rights, and Labor, January 30, 1998.URL: http://marshall.csu.edu.au/Marshalls/html/HumanRights/HumanRights_1997.html
CONTACT:
Dirk H.R. Spennemann, Institute of Land, Water and Society, Charles Sturt University, P.O.Box 789, Albury NSW 2640, Australia.
e-mail: dspennemann@csu.edu.au
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