Human Rights Council
Working Group on the Universal Periodic Review Thirty-seventh session
18–29 January 2021
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Federates States of Micronesia
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
A/HRC/WG.6/37/FSM/1
Advance Version Distr.: General 5 January 2021 Original: English
Contents
Page
I. Background ... 6
II. Introduction ... 6
III. Methodology and consultations process ... 6
IV. Developments of normative and institutional framework for human rights ... 7
National and State laws ... 7
National measures and policies ... 7
Promotion and protection of human rights on the ground ... 9
V. Actions taken to respond to recommendations arising from the third UPR round ... 10
Thematic area: International human rights treaties ... 10
Right or area: 2.1. Acceptance of international norms ... 10
Right or area: 2.2. Reservations ... 11
Right or area: 3.1. Cooperation with treaty bodies ... 11
Rights or area: 3.2. Cooperation with special procedures ... 11
Right or area: 3.3. Cooperation with other international mechanisms and institutions Right ... 11
Right or area: 5.1. Constitutional & legislative framework ... 12
Right or area: 5.2. Institution and policies ... 14
Right or area: 6. Human rights education and training ... 15
Right or area: 7.1. Context, Statistics, budget, cooperation with civil society ... 15
Right or area: 8. Non-discrimination ... 16
Right or area: 12.7. Prohibition of slavery, trafficking ... 16
Right or area: 18. Right to participate in Public affairs and right to vote ... 16
Right or area: 19. Rights related to marriage & family ... 16
Right or area: 22.1. Right to an adequate standard of living – general ... 17
Right or area: 22.2. Right to food ... 17
Right or area: 23.1. Right to work ... 17
Right or area: 24. Right to health ... 17
Right or area: Right to education ... 18
Right or area: 29.1. Discrimination against women ... 18
Right or area: 29.2. Gender-based violence ... 19
Right or area: 30.1. Children: definition, general principles, protection ... 20
Right or area: 37. Right to development – general measures of implementation ... 20
Acronyms
ADB Asian Development Bank
AF Adaptation Fund
AHT Anti-Human Trafficking
AIDS Auto Immune Deficiency Syndrome
APF Asia Pacific Forum
CCA Climate Change Act
CCDRM Climate Change Disaster Risk Management
CC&SDC Climate Change and Sustainable Development Council
CEDAW Convention on the Elimination of Discrimination Against Women CFA Compact of Free Association (as amended) Between the FSM and the US CHC Community Health Center
CMR Clinical Management of Rape CONCON Constitutional Convention COP26 Conference of Parties 26 COVID-19 Coronavirus Disease 2019 CPBR Child Protection Baseline Report CPR Contraceptives with the Prevalence Rate CRC Convention on the Rights of the Child
CRPD Convention on the Rights of Persons with Disability
DECEM Department of Environment, Climate Change, and Emergency Management
DFA Department of Foreign Affairs DHS Demographic and Health Survey DHSA Department of Health and Social Affairs DOJ Department of Justice
DR&D Department of Resources and Development EDCR Enhancing Disaster and Climate Resilience EPA Environmental Protection Agency
EpiNet Epidemiology Network
EU European Union
FHSS Family Health and Safety Study FSM Federated States of Micronesia GESI Gender Equality and Social Inclusion GBV Gender Base Violence
GHG Green House Gas
HIV Human Immunodeficiency Virus
HR Human Rights
IAC Inter-Agency Conference
IDDR International Day for Disaster Reduction ILO International Labor Organization IMF International Monetary Fund
IOM International Organization for Migration
ISACC Institutional Strengthening to Assist Pacific Island Countries (PICs) to Adapt to Climate Change
JSAPs Joint State Action Plans MedEvac Medical Evacuation
NCCHAP National Climate Change Health Action Plan
NCD Non-Communicable Diseases
NDC Nationally Determined Contributions NDOE Department of Education
NGOs Non-Governmental Organizations NHRI National Human Rights Institution NMW National Machinery for Women
NMRIF National Mechanisms for implementation, Reporting and Follow up NSDS National Strategy for Development of Statistics
NSIS National Social Indicator Survey NWC National Women’s Conference
OEEM Office of Environment and Emergency Management
OHCHR Office of the United Nations High Commissioner for Human Rights ONACHP Office of National Archives, Culture and Historic Preservation PIFS Pacific Island Forum Secretariat
PLGED Pacific Leaders Gender Equality Declaration PPE Personal Protective Equipment
REDP Renewable Energy Development Program
SEAM-REEE Sustainable Energy and Accompanying Measures Renewable Energy &
Energy Efficiency SEDAP Sustainable Energy Plan SFPs State Focal Points SD Sustainable Development SDP Strategic Development Plan SDG Sustainable Development Goals SOP Standard Operational Procedures SPC Secretariat of the Pacific Community SUPA Scaling-Up Adaptation
TC&I Department of Transportation, Communications and Infrastructure TNC-BUR The Second National Communication-Biennial Updated Report UNCAC United Nations Conventions Against Corruption
UNDP United Nation Development Program
UNFCCC United Nations Framework Convention on Climate Change UNFPA United Nations Population Fund
UNICEF United Nations Children's Fund
UNESCAP United Nations Economic and Social Commission for Asia and the Pacific UNESCO United Nations Educational, Scientific and Cultural Organization
UNODC United Nations Office on Drugs and Crime
UNWOMEN United Nations Entity for Gender Equality and Women's Empowerment UPR Universal Period Review
USA United States of America
EVAW Ending Violence Against Women VNR Voluntary National Review
WB World Bank
WHO World Health Organization
I. Background
1. The FSM is an independent, sovereign nation located in the North Pacific Ocean. It consists of 607 islands dispersed over one million square miles in the Pacific Ocean. It has a total land area is 271 square miles. Each of the four major states (Chuuk, Kosrae, Pohnpei and Yap) is centered on one or more main high islands, and all but Kosrae include numerous outlying islands and atolls.
2. The FSM was governed by Spain, Germany, and Japan in the 19th century and the first half of the 20th century and was administered as a United Nations strategic trusteeship by the United States of America after World War II. The FSM adopted a Constitution by plebiscite in 1979 and entered into the CFA with the United States in 1986 as an independent and sovereign State. To date, the FSM has its own government and leadership similar to the structure and system of the United States government.
3. Chuuk, Kosrae, Pohnpei and Yap have their own state constitutions, elected officials, and policies, in part because of the dispersed geographic make-up of the FSM. However, the FSM Constitution is the supreme law of the land, with which the laws and regulations of the four states must comply. Additionally, the FSM Government has exclusive competence in certain legal and regulatory matters that are expressly reserved to the national government.
For instance, the conduct of foreign affairs is an exclusive power that is expressly delegated to the national government that is beyond the legal competence of a state government. The capital of the FSM is Palikir, Pohnpei. The National Government, located in Pohnpei, is the entity that represents all the four states of the FSM in international relations. The President of the FSM is the Head of State. The President governs the nation with the assistance of a Vice-President and a Cabinet comprised of Secretaries of eight executive departments and Directors of four executive offices established by the FSM Congress. The FSM has a unicameral Congress comprised of 14 members, referred as Senators, representing the four states of Chuuk, Kosrae, Pohnpei and Yap. Ten Members are elected into office every two years, while four are elected every four years. The FSM Supreme Court is the highest judicial body in the country, with a Chief Justice presiding and up to five Associate Justices.
Presently, there are only two sitting Associates Justices. Each of the four states in the FSM has a State Court system.
4. While the people of FSM are ethnically Micronesian, each person in the FSM is known as Chuukese, Kosraean, Pohnpeian or Yapese depending on which of the four states the person is from. The official working language of the FSM is English, but each state has its own native language(s). The population of the FSM is over 100,000. The population lives partly on a subsistence basis – particularly farming and fishing – but the FSM economy is largely dependent on annual financial assistance from the United States of America pursuant to CFA between the two countries. Under the CFA, FSM citizens can enter and live in the United States indefinitely and without visas. FSM citizens immigrate to the United States in particular for education, employment and health reasons. The currency utilized in the FSM is the USA Dollar.
II. Introduction
5. Following the last UPR cycle in 2016, the FSM Government continues to work towards improving the human rights issues in country, and offers a response to the recommendations made at the second reporting cycle of the UPR through this report.
III. Methodology and consultation process
6. This report is the result of extensive departmental meetings and consultations. The UPR Task Force was created by a presidential order in May of 2015 and comprised of representatives from the DFA, DHSA, DOJ, DR&D, NDOE, DECEM, and NACH.
7. Thematic stakeholder consultations were led by national departments and offices with technical support from the SPC Human Rights Social Development Division and the UNDP.
A memo was sent out to all national departments and offices, which assigned focal persons to participate in the compilation of the report. The UPR Taskforce conducted meetings to validate and respond to the recommendation from the UPR Committee. The UPR Taskforce planned visits to the states was impacted by the COVID-19 travel restrictions and preventive measures. (The UPR Taskforce gathered as much information as possible from the respective departments that have links to the state counterparts.)
IV. Developments of normative and institutional framework for human rights
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.
V. Actions taken to respond to recommendations arising from the third UPR round
Thematic area: International human rights treaties Right or area: 2.1. Acceptance of international norms
Recommendations 62.1–62.31
25. Recommendation 62.27, 62.28, 62.29, 62.30, 62.31: FSM ratified the CRPD on December 7, 2017. All four State Governments endorsed by legislative resolutions for FSM to ratify this convention. In 2017, the FSM Congress took action by passing the appropriate resolution to ratify for this purpose. After the ratification of the CRPD, the national government conducted workshops to develop the States CRPD implementation plans. A Disability Forum was held in July 2018 to review and update the FSM Disability. The FSM government is consulting on a national position to the Optional Protocol of the CRPD.
26. The Pohnpei State Law No. 9L-128-19 (Pohnpei Disability Act) was enacted in 2019 following consultation by Pohnpei Disability Organization, the FSM National Government, the SPC, and other Non-Governmental Organizations (NGOs). In Yap, Yap State Law No.
9-63 was passed for the purpose of addressing the special needs and accessibility provisions for the Yap State building codes. In Kosrae, State Law No. 8-24 was amended to provide persons with disabilities better accesses to government facilities and for other purposes. At the state level, the FSM states are working closely and collaboratively with non- governmental organizations including Chuuk-Kich-Able, which is a registered Disability People’s Organization in Chuuk.
27. The FSM Government will continue to review all existing laws to ensure that they are CRPD and HR compliant.
28. Recommendation 62.1, 62.2, 62.3, 62.4, 62.6, 62.7, 62.8, 62.9, 62.10, 62.11, 62.12, 62.13, 62.14, 62.15, 62.21, 62.22, 62.26: The FSM Government is working towards the ratification of the other core human rights treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination and its Optional Protocol, the International Covenant on Civil and Political Rights and its Optional Protocols, Convention against Torture and its Optional Protocol, and the International Covenant on Economic, Social, and Cultural Rights. The FSM Government will continue to consider and consult on a national position as to these and other remaining human rights treaties and protocols.
29. With respect to the International Convention Against Torture was submitted to the FSM Congress for possible ratification, but no final action has been taken so far. The FSM government is considering the reintroduction of this convention.
30. The FSM government is consulting on a national position as to the optional protocols.
31. Recommendation 62.32, 62.33, 62.34: The FSM Government will continue to consider and consult on a national position with respects to the Rome Statute of International Criminal Court.
32. Recommendation 62.35: The FSM Government acknowledges with appreciation this recommendation and will continue to review a national position to becoming a member of International Labor Organization (ILO).
33. Recommendation 62.24: The FSM Government acknowledges with appreciation this recommendation and will continue to review possible ratification of this optional protocol.
34. Recommendation 62.23: The FSM Government has ratified the Optional Protocol to the Convention on Rights of the Child on the involvement of Children in armed conflicts on October 26, 2015.
Right or area: 2.2. Reservations
35. Recommendation 62.16, 62.17, 62.18, 62.19: The FSM is actively working closely with the States on the withdrawal of the reservations to the CEDAW. The reservations are the following: Under the CEDAW Article 11 (1(d)) to enact the compatible worth article 11 (2(b)) to enacting maternity leave with pay or with comparable benefits pay, the FSM National Government maternity leave is allowed up to six paid weeks in connection with the birth of a child. Under the CEDAW Article 2(f), Article 5 and Article 16: Succession to well established traditional titles, traditional customs on marriage that divide tasks, customs that divide decision making and under CEDAW Article 29(1) interpretation or application of the convention may only be submitted to the international court of justice with the agreement of all parties.
36. The resolution on the removal of the reservations was introduced by the Speaker of the FSM Congress in 2016 for further actions, the FSM National Government will continue to consider and consult with the State Governments on a national position.
Right or area: 3.1. Cooperation with treaty bodies
37. Recommendation 62.42: The FSM Government put in place measures and structural improvement to address the reporting requirements. For instance, a division under the Department of Health & Social Affairs is given the mandate to monitor and facilitate the writing of state reports with respect to human rights treaties (CEDAW, CRC, and CRPD). In June 2020, the FSM Government endorsed the Pacific Principles of Practice of National Mechanisms for implementation, Reporting and Follow up (NMRIF). Draft terms of reference developed for the FSM Human Rights taskforce to facilitate reporting for all treaties.
Rights or area: 3.2. Cooperation with special procedures
38. Recommendations 62.43, 62.44: The FSM Government is considering extending an invitation for a special rapporteur and acknowledges that the option of a standing invitation is available to the Government.
Right or area: 3.3. Cooperation with other international mechanisms and institutions Right
39. Recommendation 61.1: The FSM Government continues to have ongoing partnership with the multilateral partners such as IMF, World Bank, ADB, SPC, PIFS, Asia Pacific Forum (APF), the various UN agencies such as WHO, UNFPA, IOM, UNICEF, UNDP, UNWOMEN, UNODC, FAO, UNESCO, OHCHR, and UNESCAP, to name a few and the bilateral partners such as the Government of United States of America (USA), the Government of the People’s Republic of China, the Government of Australia, the Government of Japan, and the Canadian Government. The Canadian funding for local initiative project supports the awareness raising on human rights and gender equality and CEDAW through the assistance state interest offices, civil society groups and non- governmental organization. This initiative reached close to four thousand persons throughout the whole country. The India-UN development partnership fund is a dedicated fund to support the strengthening of FSM’s national gender machinery to mainstream gender in national and state programs.
40. The various technical support addresses the various areas including legislation and policies, EVAW policy, domestic violence law in Pohnpei (S.L. 9L-56-17), Family Protection Act in Kosrae (S.L. No.10 - 105), reporting obligations to international treaties ratified by FSM, develop response on protection issues affecting women, children and vulnerable groups following the COVID 19 pandemic and the national human rights institution (NHRI) scoping mission.
Right or area: 5.1. Constitutional & legislative framework
41. Recommendation 62.51, 62.54: The FSM constitution article IV, section 4 ensures equal protection, which guarantees fundamental rights and freedom regardless of gender, sexual orientation, race, ancestry, national origin, religion, language and social status. Kosrae State passed its Family Protection Act in 2014 and Pohnpei State passed its Domestic Violence Act in 2017 and Disability Act in 2019. In 2019, Chuuk State Government raise the age of consent from age of 13 to 18 (C.S.L No. 6-66). In 2019, Pohnpei State Government raise the age of consent from age 16 to 18 (S.L. No. 9L-105-19).
42. In 2017–18, training on the domestic violence act was conducted for the health workers, judges, lawyers and public safety officers. In addition, more facilities in the FSM States will need to be built – as has been done in Chuuk (see further discussion on this point in the chapter on SDG16.
43. Recommendation 62.36: The FSM Government has taken substantive steps towards compliance with international legal obligation. For example, all the four FSM states have passed legislation governing child protection, age of consent, family safety, protection of human rights, criminalizing domestic violence and human trafficking.
44. The FSM became a party to the Optional Protocol on the sale of children child prostitution and child pornography in 2012 and to the Optional Protocol on the involvement of children in armed conflict in 2015.
45. FSM government endorsed the national End Violence against Women (EVAW) Policy in 2018. State and National implementation plan of the EVAW policy (2018) are currently being developed. Standard operational procedures on clinical management of rape and assault. Pohnpei state completed their first training on Standard Operational Procedures (SOP) for health workers. Pohnpei state also drafted a referral network action plan through consultation with stakeholders in the area of Gender Base Violence (GBV). The referral network guidelines for implementation of the national gender policy and include a number of key international and regional policy frameworks.
46. The FSM Government continues to review and update its domestic legislations and policies with a view towards compliance with international legal obligations. Among the major challenges encountered in updating domestic policies and raising awareness about these policies are the various levels of governments and jurisdictions involved in the process.
While the national government is generally responsible for treaty ratification, several key elements and programs required from treaties need practical implementation and initiatives at state and local levels.
47. Recommendation 62.45: The FSM constitution article 4, section 4 ensures equal protection, which guarantees fundamental rights and freedom regardless of gender, sexual orientation, race, ancestry, national origin, religion, language and social status. Kosrae State passed its Family Protection Act in 2014 and Pohnpei State passed its Domestic Violence Act in 2018 and Disability Act in 2019.
48. FSM ratified the CRPD in 2016. Consultations on the ratification was carried out in all the FSM States.
49. Recommendation 62.77: There are ongoing work and study towards adopting a national law on access to public information. The FSM Government has websites for public information for example congress bills, resolutions and major court decisions (www.cfsm.fm), (www.fsmsupremecourt.org), (fsmlaw.org), and (gov.fm). The FSM Government has committed that the current administration will be transparent, open, and accountable. Dissemination of information from public information division to a new level, and continues to ensure that the public is informed on the Governments programs, policies, and activities.
50. Recommendation 62.25: On February 18, 2019, Pohnpei state legislature passed the State law 9L-105-19 to raise the age of consent from 16 years to 18 years. The Pohnpei legislature also increased the marriageable age to 18 years. Chuuk state law 12-14-18 also
increases the age of consent to 18 years. All the remaining States of Yap and Kosrae are working on increasing the age of consent.
51. Recommendation 62.57: FSM has identified data collection as a key constraint including the lack of a national-representative household survey, such as the Demographic and Health Survey that has been undertaken in several other Pacific Island countries similarly administrative data sources also need to be improved. As a result of this recognition the FSM Congress in 2020, approved the National Social Indicator Survey (NSIS) under public law 21-185. The NSIS collects information on the situation for Women and Children including gender-based violence. Planning in progress for social indicator survey with United Nations Children’s Fund (UNICEF) and United Nations Population Fund (UNFPA).
52. Pohnpei State is currently working with public safety institution for collection of GBV and sexual assault and rape victim data collection.
53. The FSM Government has developed a National Strategy for Development of Statistics (NSDS 2020-2024) to strengthen statistical capacity for coordination resource mobilization and better decision making. The FSM NSDS will serve to provide a platform for collaboration, coordination and consultation between stakeholders across the national statistical system including the administrative data sources for GBV.
54. Recommendation 62.55, 62.56, 62.59, 62.60, 62.61, 62.62, 62.66, 62.68, 62.69, 62.70, 62.71, 62.72 62.73, 62.91: With regards to Gender Based Violence (GBV), the referral pathway for the States has been put in place along with a Standard Operation Procedures (SOPs) for health workers and first responders to assist victims of violence. There are ongoing coordination and training between relevant offices to put in place the necessary social workers (e.g. counselors, case managers and social workers), training of first line responders and other service providers (e.g. public safety, health workers, counselors, lawyers, judges), development and maintenance of GBV case statistics registry that is accessible.
55. The FSM Government conducts an annual police academy training for all four states that integrates safety, including response to gender based violence. In 2019, Chuuk Women Council opened the Tongen Inepwinew Counseling center, translates to love of the family center. The FSM Government has an Anti-Human Trafficking center and victim shelter located in Chuuk State.
56. Standard operational procedures on clinical management of rape and assault. Pohnpei state completed their first training on Standard Operational Procedures (SOP) for health workers. Pohnpei state also drafted a referral network action plan through consultation with stakeholders in the area of Gender Base Violence (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 Convention on the Elimination of All Forms of Discrimination Against Women (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.
57. Recommendation 62.74, 62.71, 62.22: FSM CRC report on the FSM Title 41, Section 502 protects children from child abuse, where “abuse” is defined as “any case in which a child exhibits evidence of skin bruising, bleeding, sexual molestation, burns, fracture of any bone, subdural hematoma, soft-tissue swelling, and such condition or death is not justifiably explained, or the history given concerning such condition or death is at variance with the degree of type of such condition or death, or the circumstances indicate that such condition or death may not be the product of an accidental occurrence”. This protects children from severe corporal punishment that can cause physical injury, however, there remains significant challenges with respect to providing adequate protection to victims of physical and psychological abuse.
58. The FSM government in partnership with UNICEF is in the process of developing a child protection policy which will address among others corporal punishment, child labor, violence, and child abuse in homes and schools for FSM. The Pohnpei State Government
legislative bill no.: LB-113 on offensive communication is under consideration. The Pohnpei State Government has a legislation on corporal punishment.
59. Recommendations 62.82. The FSM Government is working towards establishing a comprehensive legislation on child labor.
60. Recommendations 62.92: The FSM Government developed the FSM Nation Wide Integrated Disaster Risk Management and Climate Change Policy 2013 to address climate change impacts, risks and disasters. In addition the FSM Government worked in partnership with all four states to develop four Joint State Action Plans (JSAPs). The FSM Nation Wide Integrated Disaster Risk Management and Climate Change Policy 2013 and the JSAPs are linked to the Sendai Framework for Disaster Risk and Reduction. Mechanisms with mandates for managing and coordinating of efforts on CCDRM have also been established. These structures include the Congress Climate Change Committee, the Climate Change and Sustainable Development Council (CC&SDC), the Department of Environment, Climate Change, and Emergency Management (DECEM), the States’ Environmental Protection Agency (EPA) , the Climate Change Country Team including the Joint Resource Management Network. A workshop on Gender Equality and Social Inclusion (GESI) in Disaster and Climate Change was conducted in collaboration with the United Nations Development Program (UNDP) in October 2020.
61. 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. Building Disaster Risk Resilience for FSM – Yap, Outer Island 2017.
Right or area: 5.2. Institution and policies
62. Recommendations 62.38, 62.39, 62.40: In 2017 and 2019, the FSM Government with the support of Pacific Community undertake a scoping work on the establishment of a National Human Rights Institution (NHRI) in the Country. The team conducted two rounds of extensive consultations, meeting with all the relevant partners. The final report of the scoping work is now with the Government for further review and to discuss the collective agreement on the way forward.
63. Recommendation 62.46, 62.47, 62.48, 62.78: The FSM gender policy was signed in 2018. The National Gender Policy was built from strategic goals for goals for gender equality to be part of the FSM’s Strategic Development Plan 2004-2023 (FSM SDP). It was part of the 2016 consultations during the biannual Women’s Conference help in Yap in 2016. There are six goals to be addressed in the gender policy recommendations which include better representation of women in decision-making, elimination of gender based violence, equitable education outcomes, address barriers facing women in the workforce, women have better health care and improved choices over their fertility, and FSM and State Governments mainstream gender.
64. At the moment, the FSM Government does not have any domestic laws to protect and guarantee women’s political representation in decision making positions, however, the FSM Gender Policy 2018 goal 1 of the six goals covered in the gender policy, titled Better Representation of Women in Decision Making outlines indicative activities for 2019–2023 period outlining actions such as consideration of temporary special measures of state legislatures and FSM Congress, mock congress for potential women candidates six months prior to elections, achieving gender balanced in all FSM Government advisory committees, state and FSM boards, awareness raising campaigning and collection of baseline information on sex and age of legislate voters and actual voters by state.
65. Recommendation 62.57, 62.67, 62.68: FSM government endorsed the national End Violence Against Women (EVAW) Policy in 2018. State and national implementation plan of the EVAW policy (2018) are developed and awaiting endorsement from national and each
state. The draft form includes addressing these areas such as, (i) increase access to safe and effective response services including remote islands and reaching the most vulnerable (ii) prevention of violence against women to be strengthened through consistent messaging, safe and effective services, increase coordinated outreach services to break the cycle of violence (iii) creation of, or strengthen, coordination structure at the national and state level to support the implementation of the EVAW policy (iv) decreased attitudes in religious, cultural, traditional, institution and process that justify, excuse, minimize, hide or shift blame for violence against women to provide a safe living environment. The FSM Government now has put in place a position that is solely responsible for Elimination of Violence Against Women, EVAW Coordinator, to implement the action plan under the EVAW policy.
66. With regards to Gender Based Violence (GBV), the referral pathway for the States has been put in place along with a Standard Operation Procedures (SOPs) for health workers and first responders to assist victims of violence. There are ongoing coordination and training between relevant offices to put in place the necessary social workers (e.g. counselors, case managers and social workers), training of first line responders and other service providers (e.g. public safety, health workers, counselors, lawyers, judges), development and maintenance of GBV case statistics registry that is accessible.
67. The FSM Government conducts an annual police academy training for all four states that integrates safety, including response to gender based violence. In 2019, Chuuk Women Council opened the Tongen Inepwinew Counseling center, translates to love of the family center. The FSM Government has an Anti-Human Trafficking center and victim shelter located in Chuuk State.
68. The Pohnpei Domestic Violence Act of 2017 provides for a “Special revolving funds”
established to support rehabilitation and counseling programs for victims, witnesses and perpetrators of family violence.
Right or area: 6. Human rights education and training
69. Recommendation 62.41: Develop human rights education and training and include the aspects of women’s and children’s rights in education curricula Extract from SPED inputs and refer to CRC report Introduce human rights awareness raising campaigns including school outreach, training of trainers for teachers in the area of human rights, children safety, building respectful relationships, and gender equity and empowerment. FSM is keen to explore funding and technical assistance in these areas.
70. Recommendation 62.60: Develop awareness raising programs against the scourge of gender-based violence amongst public officials, law enforcement personnel and members of the judiciary. There are ongoing awareness on the gender based violence. In 2017, a training for the Public Safety was conducted. The purposed of the training is understand roles and responsibilities of the Police under the Pohnpei Domestic Violence Act.
Right or area: 7.1. Context, Statistics, budget, cooperation with civil society
71. Recommendations 62.57: The FSM Government intends to address the following areas for the purpose of improving the data collection, analysis and use: disaggregated data on crimes and law enforcement, administrative data from office of public safety, health services providers. Capacity building for gender base violence data, funding for dedicated gender base violence survey.
Right or Area: 8. Non-discrimination
72. Recommendation 62.52, 62.53, 62.54: FSM notes with appreciation recommendations made regarding non-discrimination on account of gender, disability and sexual orientation. FSM took these recommendations on board, and in December 2018, the FSM Congress passed Congressional Act No. 20-150, which was signed by the FSM
President into Public Law No. 20-153 prohibiting any discrimination based on sexual orientation. In particular, this law provides that there shall not be any law enacted which discriminates any person on account of race, sex, sexual orientation, language, or religion, nor shall the equal protection of the laws be denied.
Right or area: 12.7. Prohibition of slavery, trafficking
73. Recommendation 61.2, 62.75, 62.76 The FSM has also passed a human trafficking law (17-38, 2012) which seeks to protect the most vulnerable. The DOJ also reorganized itself by establishing a separate Division of AHT within the National Government. The AHT established SOP with respect to the proper handling of human trafficking cases that requires essential services to be provided to victims, including psychological care and monitoring.
Some of the successful prosecutions involve the defendants to pay restitutions and sub-jail time. The nation as a whole has intensified its efforts towards combating human trafficking, and these efforts include investigation, prosecution and sentencing. Chuuk State opened an Anti-Human Trafficking center. Annual conference on antihuman trafficking started in 2019 with the second one held in 2020 virtually. A 24 hour hotline for Human Trafficking started in 2018 and is accessible to all four states The FSM Government in collaboration with the World Bank is considering addressing the GBV and trafficking-in persons in the marine sector in all four states.
74. FSM government established the DECEM, with a Division of Climate Change within it, that has two units: Mitigation Action Unit addressing issues involving climate change, and Adaptation Unit addressing the reduction of the vulnerability of people from the impacts of climate change while reducing disaster risks.
Right or area: 18. Right to participate in Public affairs and right to vote
75. Recommendations 62.79, 62.80: Article XIV of the FSM constitution provides three ways to amend the constitution and one of the ways is through the constitutional convention that is held every ten years to revise and/or amend the constitution.
76. The 4th FSM Constitutional Convention election was held in 2019, which included representatives from all four states, eleven delegates from Chuuk State, seven delegates from Pohnpei State, and three delegates each from the States of Kosrae and Yap, totaling to a number of twenty member delegates and out of the twenty four elected delegates are two females, one from the State of Chuuk and one from the State of Kosrae.
77. In 2020, three women were successful in getting elected to the Pohnpei State legislature and currently in Chuuk State, there is one female member in the legislative body who is also running for lieutenant governorship for the upcoming election in 2021.
Right or area: 19. Rights related to marriage & family
78. Recommendations 62.67: There is ongoing awareness and action to implement the finding of the FSM Family Health and Safety Study. The result of the study has been distributed to the FSM States. Awareness of the Study was also carried out the FSM National Women’s Conference, Chuuk State Family Bill Consultations and also the training for the Police.
Right or area: 22.1. Right to an adequate standard of living – general
79. Recommendations 62.83, 62.85: The FSM government continues to implement the FSM Strategic Developments plans. Sector plan have also been developed to raise the quality of life of its people.
80. The FSM Government in partnership with the ADB developed social protection programs that address severe challenges and vulnerabilities facing the zero and low-income households, the elderly, persons with disabilities, and survivors of GBV during the COVID-
19 crisis. These measures include cash transfers, food security, awareness raising on COVID 19, services for GBV cases, persons with disabilities, elderly and other vulnerable groups.
Right or area: 22.2. Right to food
81. Recommendations 62.86–62.84: The FSM Government is undertaking continuous awareness raising community outreach on NCDs which remain a vast and pervasive issue for the FSM, accounting for more than 70% of deaths NCDs account for more than 80% of off- island referrals for medical treatment, adding a huge financial burden on the healthcare system in FSM (FSM MiCare data).
Right or area: 23.1. Right to work
82. Recommendations 62.81: The FSM became a party to the Optional Protocol on the sale of children child prostitution and child pornography in 2012 and to the Optional Protocol on the involvement of children in armed conflict in 2015.
83. The FSM has also passed a human trafficking law (Public Law No. 17-38, 2012), which seeks to protect the most vulnerable. The DOJ is the main implementer of this law, and has a separate Division of AHT that monitors human trafficking cases, provides protective services to witnesses and victims of human trafficking, and coordinates AHT activities throughout the nation, in partnership with international organizations and partners, such as IOM and the US Embassy. The AHT Division has SOP that guides in handling AHT cases in delivering essential services to be provided to victims, including psychological care and monitoring. The nation as a whole has intensified its efforts towards combating human trafficking, and these efforts include investigation, prosecution and sentencing. Some of the successful prosecutions involved the defendants to pay restitution and serve jail time.
Right or area: 24. Right to health
84. Recommendations 62.87: The Pohnpei State government has expanded health facilities such as dispensaries and CHC to reach all municipalities (includes outer islands) of Pohnpei. This has resulted in the reduction of sexually transmitted diseases access.
85. The health facility readiness and services availability assessment was conducted in 2018 that highlighted the availability of family planning services including contraceptives issued by states in the FSM.
86. In the last five years, around 10% of health funds are spent on public health and prevention. Climate change and health is a growing concern for FSM this is particular true for water-, vector-, and food- borne disease. Consequently, the FSM has developed a NCCHAP, which aims at mainstreaming climate change consideration in the health sector.
87. Recommendations 62.88. The FSM has increased its skilled birth attendance to an estimated 85%. In 2016, the maternal mortality ratio declined to 43/100,000 live births from 161/100,000 live births in 2010.
88. The FSM government has increased the availability of contraceptives with the prevalence rate (CPR) from 49.5% in 2009 to 51.3% in 2017, while the fertility rate decreased from 3.5 to 3.13 children per woman according the FSM 2017 Reproductive Health Needs Assessment.
89. The FSM Government has made significant progress in reducing infant and under- five mortality but child mortality remains relatively high compared to other Pacific Island countries. The Pohnpei State government has expanded health facilities such as dispensaries and Community Health Center (CHC) to reach all municipalities (includes outer islands) of Pohnpei. This is intended to combat some of the leading causes of death among young children under one year of age such as pneumonia, sepsis and diarrhea. Kosrae State government has achieved the country’s domestic target of fully immunizing 90 per cent of young children. The first quarter of 2020, a national measles immunization campaign was
