National and State laws
8. Since the last UPR Report, the FSM has enacted the Family Protection Law- Kosrae 2014; Domestic Violence Law – Pohnpei 2017; Age of Consent Law – Pohnpei 2019; Age of Consent Law – Chuuk 2019; Pohnpei Disabilities Act of 2019; and Prohibition of one-time-use Plastic items.
9. Section 4 of the CCA incorporated into the FSM Code a special provision regarding
“Mainstreaming of obligations” where eight executive departments and offices – including the Department of Health and Social Affairs that houses the National Machinery for Women (NMW) – were mandated to prepare such plans and policies on climate change that are consistent with the national Climate Change Policy (2013). Also an important component of this national law is the mainstreaming of climate change obligations into other sectors of development. The legislation further requires DECEM to report to Congress on the progress of sectoral mainstreaming on an annual basis, the last report from DECEM being made in 2013. In Section 5 of the CCA, there is an accountability mechanism stipulating that for every year starting with fiscal year 2015, the President of the FSM shall submit a report to Congress in the April 1st submission regarding the national budget on the implementation of the CCA.
In addition to this, the President may recommend additional legislation if deemed necessary.
The President may as necessary “request funding to specific line items for the implementation of the CC Policy”. Both Sections 4 and 5 of the FSM CCA, if realised, are strategic entry points for GESI, youth and HR mainstreaming and inclusion in climate change related initiatives undertaken at FSM National and States’ level. Congress Special committee on climate change was established in 2019.
National measures and policies
10. National Strategic Development Plan (2004-2023) The FSM SDP was developed in 2004 when the FSM entered a new phase of the amended CFA with the United States. The SDP comes in two volumes. It is the country’s primary national planning economic mechanism. The first volume covers the major components of the Plan and presents an overview of the FSM’s economy, policies and development strategies for each sector of the economy. The second volume contains the sector planning matrices. They are complementary of each other and should be used in cross-reference with each other.
11. FSM National Gender Policy was endorsed by the FSM President in 2018. This National Gender Policy builds from the strategic goals for gender equality agreed to as part of the FSM’s SDP 2004-2023, and consultations during 2016 on the policy objectives with the FSM states and the FSM National Women’s Conference held in Yap in November 2016.
The FSM Government has taken significant steps to meet its international commitments through the ratification of the CRC in 1993, the CEDAW in 2004, the PLGED in 2012, and the CRPD in 2016. The FSM government presented its CEDAW report in 2018 and the CRC report in 2019. FSM is making substantive progress towards meeting the goals of the SDGs.
12. Standard operational procedures on clinical management of rape and assault. Pohnpei state completed their first training on SOP for health workers. Pohnpei state also drafted a referral network action plan through consultation with stakeholders in the area of GBV. The referral network guidelines for implementation of the national gender policy and include a
number of key international and regional policy frameworks. Containing commitments to gender equality such as the CEDAW, the 1995 Beijing Platform for Action, the Revised Pacific Platform for Action on the Advancement of Women and Gender Equality 2005-2015, and the 2012 Pacific Leaders Declaration on Gender Equality.
13. FSM Disability Policy (2009-2016) The National Policy on Disability is the result of a wide stakeholder consultation throughout the states of the FSM in March 2006. The consultations were coordinated and managed through the FSM Department of Health and Social Affairs. The outcome of these discussions represents the conclusions reached throughout the state and national consultation processes. Civil society, including faith-based groups, grass-roots organizations and community organizations involving persons with disabilities, the private sector and professional associations have important roles to play in promoting human rights and supporting and delivering services to persons with disabilities.
14. FSM Youth Policy (2017-2023) is the result of a wide stakeholder consultation throughout the states of the FSM in 2016. The Policy is a vision formulated to give the young men and women of the FSM faith in the future. It offers them opportunities to shape their own future, assume responsibility and play an active role in the life of their communities. To ensure its effectiveness as a tool for promoting positive youth development, the policy has been aligned with the national priorities. Its monitoring mechanism allows for periodic updating in order for it to remain relevant throughout its implementation. This monitoring will also provide opportunities for effectively responding to emerging trends relating to young people.
15. FSM Nationwide Disaster Risk Management and Climate Change Policy (June 2013).
This policy which complements the FSM’s Strategic Development Plan (2004-2023), was developed to respond to the need to safeguard while sustainably developing the resources, economy and health of the people of the FSM for present and future generations, against the backdrop of climate change impacts and risks. To ensure successful implementation of this policy, there needs to be awareness of the climate change issues that our islands face, complemented by proactive responses such as climate change adaptation and mitigation efforts, disaster risk reduction strategies. The Nationwide Integrated Disaster Risk Management and Climate Change Policy was developed as a national guiding tool as well as a means to meet FSM’s obligations under regional and international treaties, in particular, obligations and objectives pursuant to the UNFCCC. At the state level, there are four state action plans for Disaster Risk Management and Climate Change, which are linked to the FSM Nationwide Disaster Risk Management and Climate Change Policy and the Sendai Framework.
16. Federated States of Micronesia Agriculture Policy 2012-2016 The results of the 2016 Integrated Agriculture Census is being used to update the agriculture policy. The FSM Agriculture Policy provides the basis for action by everyone in the public and private sectors in the FSM to strengthen sustainable agricultural growth. The FSM faces multiple challenges in achieving national food security and sustaining livelihoods due to national dependence on USA aid and CFA funding. However, there is developmental potential in fisheries and agriculture, and the policy recognizes the important role played by traditional farming (e.g.
agroforestry) and its impact on social and cultural livelihoods in the FSM.
17. FSM National Energy Policy of 2012 The development of the FSM National Energy Policy started in 2008 when FSM leaders agreed on having a policy on energy which will incorporate the states’ action plans on becoming less dependent on fossil fuels and more prepared with alternative and renewable energy sources to cope with wildly fluctuating energy prices. To implement this policy the FSM Government developed the FSM Energy Master plans in 2018. In the last five years, FSM Government has made a lot of progress towards its national energy policy goals and continues to move forward with international financing towards achieving greater renewable energy into the energy pie of the nation.
Example of recent projects include ADB REDP, SEDAP combined financing through grants of USD 45 million. In addition, the SEAM-REEE amounting to EURO 11.6 million launched by the EU and the SPC in August 2020 aims to improve access to sustainable energy security for the FSM.
18. Official authorities and government organizations concerned with human rights The following government agencies and organizations actively address human rights issues in the FSM: the Office of the President, DFA, DHSA, DOJ, DR&D, NACH, NDOE, TC&I, and DECEM. The national government collectively addresses human right issue as a whole which these departments and offices are the representative of the UPR/Human Rights Taskforce through an executive order by the president.
Promotion and protection of human rights on the ground
Implementation of international human rights obligations identified in the “basis of review,” national legislation and voluntary commitments, national human rights institutions activities, public awareness of human rights, cooperation with human rights mechanisms
19. National Human Rights Institution Report (NHRI): In 2017 and 2019, the FSM in partnership with SPC, Asia Pacific Forum conducted rounds of extensive consultations with the State governments and Civil Society Organizations to conduct the NHRI scoping for FSM with recommendations. The National Human Rights scoping Report is with the FSM government for further review to discuss for a collective way forward.
20. Voluntary National Review of the Implementation of the Sustainable Development Goals. In July 2016, the FSM established the SDG Working Group (WG).which comprises of all Departments and associated agencies within the government soliciting input from civil society actors and the chambers of commerce. A critical component of the SDG WG is the establishment of State Focal Points (SFPs) for effective implementation and reporting. This SDG working group focus is on the localization and alignment of appropriate SDG targets within FSM’s development framework. In July 2020, FSM presented its first Voluntary FSM national review of the sustainable development goals with the leadership of the SDG working Group.
21. The Office of Environment and Emergency Management (OEEM) was elevated to The Department of Environment, Climate Change and Emergency Management (DECEM) in 2018 to address FSM’s obligations and commitments at national, regional, and international levels including UNFCCC, national climate issues, and central and existential to our survival.
22. Nationally Determined Contributions (NDCs): The FSM’s intended Nationally Determined Contributions has an unconditional target of 28% reduction of greenhouse gas emissions by the year 2025 and a conditional target of up to 35%. FSM is working on the updated NDCs through financial support from Italy so the report should be completed before the Conference of Parties (COP26) in Glasgow, Scotland in 2021.
23. Climate Change and Disaster Risk Finance Assessment: The FSM Climate Change and Disaster Risk Finance Assessment 2019 in collaboration with the Secretariat of the Pacific Community (SPC), Pacific Island Forum Secretariat and the USA Aid Climate Ready Project. The assessment reviews FSM’s climate change program against seven pillars including 1) Policies and plans 2) Funding sources, 3) Public financial management and expenditure, 4) Institutions, 5) Human Capacity, 6) Gender and Social Inclusion and 7) Development effectiveness.
24. In 2016, the FSM Government deposited the instrument of ratification of the Paris Agreement with the United Nations Framework for the Convention on Climate Change (UNFCCC). The First/Initial National Communication-Biennial Update Report was done in October 1999 and The Second National Communication-Biennial Updated Report (TNC-BUR) was done in 2016 and now FSM is its Third National Communication-Biennial Updated Report for the United Nations Framework for the Convention on Climate Change (UNFCCC) which has activities that include the Green House Gas (GHG) Inventory which is underway, the Gender specialist who has been hired to address gender issues and, the Gender action plan has been completed in November, 2020.