b. Freedom of Peaceful Assembly and Association

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 4 years with universal suffrage for citizens 18 years of age and older. The President is selected by the Nitijela from among its 33 members. The President then selects nine cabinet ministers from among his closest supporters in the Nitijela. Executive power is centralized in the president and his cabinet. This elite group dominates the legislature as well. In September the President and his Cabinet walked out of the legislative session when the Speaker of the Nitijela ruled that there would be a secret ballot on a motion of no confidence. The boycott continued at year's end. The action precipitated a virtual shutdown of the legislature and a constitutional crisis that is under appeal to the Supreme Court. 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 mayor of Majuro. Society is matrilineal, and those men and women who exercise traditional leadership and land ownership powers derive their rights either from their own positions in the family, or from relationships deriving from their mother's and sister's lineage. However, urbanization and the movement of the population away from the lands that they control, is leading to a decline in the traditional authority exercised by women. Women's cultural responsibilities and traditionally passive roles are not seen to be managerial or executive in nature, and women 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 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 of 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 among the general population. 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 alcohol and illegal gambling.

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.

Section 6 Worker Rights

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 typically are not employed in the wage economy, but some assist their families in 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 national 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, such as the 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 that 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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