Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/MICRONES.TXT

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TITLE: FEDERATED STATES OF MICRONESIA HUMAN RIGHTS PRACTICES,
       1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995

                 FEDERATED STATES OF MICRONESIA


The Federated States of Micronesia (FSM) is composed of 607
small islands extending over a large area of the Central
Pacific.  Four states--Chuuk (formerly Truk), Kosrae, Pohnpei,
and Yap--comprise the federation.  The population is estimated
to exceed 100,000, mostly of Micronesian origin.  The four
states were part of the Trust Territory of the Pacific Islands,
administered by the United States from 1947 to 1986 pursuant to
an agreement with the United Nations.

Political legitimacy rests on the popular will expressed by a
majority vote through elections in accordance with the
Constitution.  There are three branches of government:  a
president as chief executive and head of state, a unicameral
legislature elected from the four constituent states, and a
judicial system that applies criminal and civil laws and
procedures closely paralleling those of the United States.

Under the Compact of Free Association, the United States is
responsible for defense and national security.  The FSM has no
security forces of its own, aside from local police and other
law enforcement officers, all of whom are firmly under the
control of the civil authorities.

The economy depends heavily on transfer payments from the
United States, fishing, tourism, and subsistence agriculture.

Traditional customs sustain a value system which distinguishes
between people on the basis of social status and sex.  The
continuing breakdown of those customs, including the breakdown
of the extended family, has contributed to violence against
women and child neglect--the principal human rights 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.

     b.  Disappearance

There were no reports of disappearances or abductions.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

There was no known incidence of torture or other cruel,
inhuman, or degrading treatment or punishment.

     d.  Arbitrary Arrest, Detention, or Exile

Legal procedures, for the most part patterned after U.S. law,
provide for due process, which is carefully observed.  There is
no exile.

     e.  Denial of Fair Public Trial

Public trial is provided for in the Bill of Rights, and trials
are conducted fairly.  Juveniles may have closed hearings.  The
Chief Justice of the Supreme Court is appointed by the
President, with the advice and consent of the Congress.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The law prohibits such arbitrary interference, and in practice
there is none.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

These rights are constitutionally assured and observed.  Each
of the four state governments controls a radio station
broadcasting primarily in the local language.  Local television
programming in some states shows videotaped and occasionally
live coverage of local sports and political and cultural
events.  Subscription cable television, showing major U.S.
programming, is available in Chuuk and Pohnpei.  Religious
groups operate private radio stations.  The national Government
and the four states publish newsletters.

     b.  Freedom of Peaceful Assembly and Association

The Bill of Rights provides for freedom of peaceful assembly
and association, and these rights are honored in practice.
During political campaigns, citizens often question candidates
at public meetings.  Formal associations are uncommon in
Micronesia, but student organizations exist.

     c.  Freedom of Religion

The FSM is hospitable to diverse religions, and missionaries of
many faiths work within the nation.  The Bill of Rights forbids
establishment of a state religion and governmental restrictions
on freedom of religion.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

There are no restrictions on freedom of movement.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

The Congress is elected by popular vote from each state;  the
Congress then chooses the President and Vice President from
among its four at-large senators by majority vote.  State
governors, state legislators, and municipal governments are all
elected by direct popular vote.  Political campaigning is
unrestricted and, as there are no established political
parties, political support is generally courted from among
family and allied clan groupings.

Although there are no restrictions on the formation of
political groups, there have been no significant efforts to
form political parties.

For cultural reasons in this male-dominated society, women have
not reached any senior positions in government with one
exception; one of the four state legislatures has a female
member.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

There were no known requests for investigations of alleged
human rights violations.  While there are no official
restrictions, no local groups concern themselves with human
rights.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Although the Constitution provides explicit protection against
discrimination based on race, sex, language, or religion,
societal discrimination and violence against women remain
serious problems.

There are no cultural or institutional barriers to education
for women.  Statistics supplied by the College of
Micronesia-FSM as well as by high schools and grade schools
indicate that the percentage of female graduates at all levels
now nearly equals that of males.  However, women are still at
the early stages of finding jobs beyond the entry level in both
the public and private sectors.

Women's roles within the family as wife, mother, homemaker, and
childrearer remain virtually unchanged from earlier times.
Allegations of violence against women usually stem from
domestic conflict between husband and wife, and wife beating
under certain circumstances is still condoned among more
traditional elements of the population.  Alcohol abuse
increasingly contributes to this problem.  While assault by a
husband or other male relative on women and children within the
family is a criminal offense under law, most women are
reluctant to bring formal charges.  When formal charges are
brought by women against men who assault them, the attitude of
the authorities is that such issues are best left to the
extended family unit to resolve.  At the same time, the
breakdown of the extended family increasingly denies women even
the traditional means of redress.

In 1992 women began to have organizational representation at
the national level with the formation of the National Women's
Advisory Council, made up of the National Women's Interest
Officer (NWIO) and representatives from each of the four
states.  The NWIO position was funded in 1994, but the
incumbent took only tentative steps to increase women's
awareness of their legal rights.

     Children

While children's rights are generally respected, child neglect
has become increasingly common, a byproduct of the continuing
breakdown of the extended family.  The Government has neither
recognized child neglect as a problem nor taken steps to stop
child neglect.

     National/Racial/Ethnic Minorities

Non-Micronesians are prohibited from purchasing land in the
FSM.  For the most part, non-Micronesians share fully in the
social and cultural life of the FSM.  FSM citizenship for
non-Micronesians is granted only by individual acts of the
national Congress.

     People with Disabilities

Neither laws nor regulations mandate accessibility to public
buildings and services for the disabled.  FSM schools have
established special education classes to address problems
encountered by those who exhibit learning disabilities.

Section 6  Worker Rights

     a.  The Right of Association

Citizens have the right to form or join associations, and
national government employees by law may form associations to
"present their views" to the Government.  However, as yet,
neither associations nor trade unions have been formed in this
largely nonindustrial society.

     b.  The Right to Organize and Bargain Collectively

There is no law dealing specifically with trade unions or with
the right to collective bargaining.  Wages are set by
individual employers.  The Government is not a member of the
International Labor Organization.  Micronesia has no export
processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution specifically prohibits involuntary servitude,
and there is no evidence of its practice.

     d.  Minimum Age for Employment of Children

There is no law establishing a minimum age for employment of
children.  While in practice there is no employment of children
for wages, they often assist their families in subsistence
farming activities.  The FSM does have a compulsory education
law which requires that all children begin school at the age
of 6.  Children may leave school when they reach the age of 14
or after completing the eighth grade, whichever comes first.

     e.  Acceptable Conditions of Work

The four state governments have established minimum hourly
wages for government workers:  $1.49 in Kosrae, effective
October 1992;  $1.35 in Pohnpei, effective October 1991;  $0.80
in Yap, effective January 1980; $1.25 in Chuuk, effective
October 1994 (paychecks were sporadic to government workers as
a result of Chuuk's debt crisis in the latter half of 1994).
Pohnpei is the only state that applies its minimum wage rate to
the private sector.  These minimum wage structures and the
wages customarily paid to unskilled workers are sufficient to
provide an acceptable standard of living under local conditions.

There are no laws regulating hours of work (although a 40-hour
workweek is standard practice) or prescribing standards of
occupational safety and health.  A federal regulation requires
that employers provide a safe place of employment.  The
Department of Health has no enforcement capability; working
conditions vary in practice.