| MARSHALL ISLANDS Republic of Marshall Islands Republic of Marshall Islands Joined United Nations: 17 September 1991 Human Rights as assured by their constitution Click here Updated 08/26/10 |
| CAPITAL |
| POPULATION |
| CHIEF OF STATE |
| SELECTION PROCESS |
Majuro
64,522 (July 2010 est.)
President elected by Parliament from among its members for a
four-year term; election last held 7 January 2008 Note: Litokwa
Tomeing was removed as president by no confidence vote on 21
October 2009; legislature elected Zedkaia president on 26 October
2009
Next scheduled election: 2012
four-year term; election last held 7 January 2008 Note: Litokwa
Tomeing was removed as president by no confidence vote on 21
October 2009; legislature elected Zedkaia president on 26 October
2009
Next scheduled election: 2012
HEAD OF GOVERNMENT
SELECTION PROCESS
According to the Marshall Islands Constitution, the President is
both the Chief of State and Head of Government
both the Chief of State and Head of Government
| DECLARATION OF HUMAN RIGHTS |
| ETHNIC GROUPS |
Marshallese 92.1%, mixed Marshallese 5.9%, other 2% (2006)
| RELIGIONS |
Protestant 54.8%, Assembly of God 25.8%, Roman Catholic 8.4%, Bukot nan Jesus 2.8%, Mormon 2.1%, other Christian 3.6%, other
1%, none 1.5% (1999 census)
1%, none 1.5% (1999 census)
| GOVERNMENT STRUCTURE |
Constitutional government in free association with the US; the Compact of Free Association entered into force 21 October 1986 and the
Amended Compact entered into force in May 2004 with 33 municipalities; Legal system is based on adapted Trust Territory laws, acts
of the legislature, municipal, common, and customary laws
Executive: President elected by Parliament from among its members for a four-year term; election last held 7 January 2008 (next to be held
in 2012)
Legislative: Unicameral legislature or Nitijela (33 seats; members elected by popular vote to serve four-year terms)
elections: last held 19 November 2007 (next to be held by November 2011)
Judicial: Supreme Court; High Court; Traditional Rights Court
Amended Compact entered into force in May 2004 with 33 municipalities; Legal system is based on adapted Trust Territory laws, acts
of the legislature, municipal, common, and customary laws
Executive: President elected by Parliament from among its members for a four-year term; election last held 7 January 2008 (next to be held
in 2012)
Legislative: Unicameral legislature or Nitijela (33 seats; members elected by popular vote to serve four-year terms)
elections: last held 19 November 2007 (next to be held by November 2011)
Judicial: Supreme Court; High Court; Traditional Rights Court
| LANGUAGES |
Marshallese (official) 98.2%, other languages 1.8% (1999 census), English (official), widely spoken as a second language
| BRIEF HISTORY |
Little is clearly understood about the prehistory of the Marshall Islands. Researchers agree on little more than that successive waves
of migratory peoples from Southeast Asia spread across the Western Pacific about 3,000 years ago, and that some of them landed
on and remained on these islands. The Spanish explorer Alonso de Salazar landed there in 1529. They were named for English
explorer John Marshall, who visited them in 1799. The Marshall Islands were claimed by Spain in 1874. Following papal mediation
and German compensation of $4.5 million, Spain recognized Germany's claim in 1885, which established a protectorate and set up
trading stations on the islands of Jaluit and Ebon to carry out the flourishing copra (dried coconut meat) trade. Marshallese Iroij
(high chiefs) continued to rule under indirect colonial German administration. At the beginning of World War I, Japan assumed
control of the Marshall Islands. Their headquarters remained at the German center of administration, Jaluit. On January 31, 1944
American forces landed on Kwajalein atoll and U.S. Marines and Army troops later took control of the islands from the Japanese
on February 3, following intense fighting on Kwajalein and Enewetak atolls. In 1947, the United States, as the occupying power,
entered into an agreement with the UN Security Council to administer much of Micronesia, including the Marshall Islands, as the
Trust Territory of the Pacific Islands. From 1946 to 1958 there were 67 nuclear weapon tests on various atolls. A significant radar
installation was constructed on Kwajalein atoll. On May 1, 1979, in recognition of the evolving political status of the Marshall
Islands, the United States recognized the constitution of the Marshall Islands and the establishment of the Government of the
Republic of the Marshall Islands. The constitution incorporates both American and British constitutional concepts. There have been
a number of local and national elections since the Republic of the Marshall Islands was founded, and in general, democracy has
functioned well. The United Democratic Party, running on a reform platform, won the 1999 parliamentary election, taking control of
the presidency and cabinet. The islands signed a Compact of Free Association with the US in 1986 and up to 1999 the islanders
received US $180M for continued American use of Kwajalein atoll, US $250M in compensation for nuclear testing, and $600m in
other payments under the compact. Despite the constitution the government was largely controlled by traditional chiefs. It was not
until 1999 following corruption allegations that the aristocratic government was overthrown, with Imata Kabua replaced by the
'commoner' Kessai Note. He was replaced by Litokwa Tomeing of United Democratic Party or UDP on 7 January 2008 and was
removed as president by no confidence vote on 21 October 2009; legislature elects ZEDKAIA president on 26 October 2009.
Source: Wikipedia: History of Marshall Islands
of migratory peoples from Southeast Asia spread across the Western Pacific about 3,000 years ago, and that some of them landed
on and remained on these islands. The Spanish explorer Alonso de Salazar landed there in 1529. They were named for English
explorer John Marshall, who visited them in 1799. The Marshall Islands were claimed by Spain in 1874. Following papal mediation
and German compensation of $4.5 million, Spain recognized Germany's claim in 1885, which established a protectorate and set up
trading stations on the islands of Jaluit and Ebon to carry out the flourishing copra (dried coconut meat) trade. Marshallese Iroij
(high chiefs) continued to rule under indirect colonial German administration. At the beginning of World War I, Japan assumed
control of the Marshall Islands. Their headquarters remained at the German center of administration, Jaluit. On January 31, 1944
American forces landed on Kwajalein atoll and U.S. Marines and Army troops later took control of the islands from the Japanese
on February 3, following intense fighting on Kwajalein and Enewetak atolls. In 1947, the United States, as the occupying power,
entered into an agreement with the UN Security Council to administer much of Micronesia, including the Marshall Islands, as the
Trust Territory of the Pacific Islands. From 1946 to 1958 there were 67 nuclear weapon tests on various atolls. A significant radar
installation was constructed on Kwajalein atoll. On May 1, 1979, in recognition of the evolving political status of the Marshall
Islands, the United States recognized the constitution of the Marshall Islands and the establishment of the Government of the
Republic of the Marshall Islands. The constitution incorporates both American and British constitutional concepts. There have been
a number of local and national elections since the Republic of the Marshall Islands was founded, and in general, democracy has
functioned well. The United Democratic Party, running on a reform platform, won the 1999 parliamentary election, taking control of
the presidency and cabinet. The islands signed a Compact of Free Association with the US in 1986 and up to 1999 the islanders
received US $180M for continued American use of Kwajalein atoll, US $250M in compensation for nuclear testing, and $600m in
other payments under the compact. Despite the constitution the government was largely controlled by traditional chiefs. It was not
until 1999 following corruption allegations that the aristocratic government was overthrown, with Imata Kabua replaced by the
'commoner' Kessai Note. He was replaced by Litokwa Tomeing of United Democratic Party or UDP on 7 January 2008 and was
removed as president by no confidence vote on 21 October 2009; legislature elects ZEDKAIA president on 26 October 2009.
Source: Wikipedia: History of Marshall Islands
| ECONOMIC OVERVIEW |
Blue with two stripes radiating from the lower hoist-side corner - orange (top) and white; a white star with four large rays and 20
small rays appears on the hoist side above the two stripes; blue represents the Pacific Ocean, the orange stripe signifies the Ralik
Chain or sunset and courage, while the white stripe signifies the Ratak Chain or sunrise and peace; the star symbolizes the cross of
Christianity, each of the 24 rays designates one of the electoral districts in the country and the four larger rays highlight the principal
cultural centers of Majuro, Jaluit, Wotje, and Ebeye; the rising diagonal band can also be interpreted as representing the equator,
with the star showing the archipelago's position just to the north
Source: CIA World Factbook (select Marshall Islands)
small rays appears on the hoist side above the two stripes; blue represents the Pacific Ocean, the orange stripe signifies the Ralik
Chain or sunset and courage, while the white stripe signifies the Ratak Chain or sunrise and peace; the star symbolizes the cross of
Christianity, each of the 24 rays designates one of the electoral districts in the country and the four larger rays highlight the principal
cultural centers of Majuro, Jaluit, Wotje, and Ebeye; the rising diagonal band can also be interpreted as representing the equator,
with the star showing the archipelago's position just to the north
Source: CIA World Factbook (select Marshall Islands)
| POLITICAL CLIMATE |
Citizens of the Marshall Islands live with a relatively new democratic political system combined with a hierarchical traditional culture.
The first two presidents were chiefs. Kessai Note is a commoner.
There have been a number of local and national elections since the Republic of the Marshall Islands was founded, and in general,
democracy has functioned well. There have been some incidents of human rights concern, however, such as undue government
pressure on the judiciary and the press. The United Democratic Party, running on a reform platform, won the 1999 parliamentary
election, taking control of the presidency and cabinet. The new government has publicly confirmed its commitment to an
independent judiciary.
The territorial claim by the Republic of the Marshall Islands on Wake Atoll leaves a certain amount of ambiguity regarding the actual
or hypothetical role of the US military, responsible under agreement for the defence of Marshallese territory, in the event of any
strategic crisis or hostilities involving Wake. The Atoll was formally annexed by the US in the 19th century and is still administered
by the US Department of the Interior.
Source: Wikipedia: Politics of Marshall Islands
The first two presidents were chiefs. Kessai Note is a commoner.
There have been a number of local and national elections since the Republic of the Marshall Islands was founded, and in general,
democracy has functioned well. There have been some incidents of human rights concern, however, such as undue government
pressure on the judiciary and the press. The United Democratic Party, running on a reform platform, won the 1999 parliamentary
election, taking control of the presidency and cabinet. The new government has publicly confirmed its commitment to an
independent judiciary.
The territorial claim by the Republic of the Marshall Islands on Wake Atoll leaves a certain amount of ambiguity regarding the actual
or hypothetical role of the US military, responsible under agreement for the defence of Marshallese territory, in the event of any
strategic crisis or hostilities involving Wake. The Atoll was formally annexed by the US in the 19th century and is still administered
by the US Department of the Interior.
Source: Wikipedia: Politics of Marshall Islands
| INTERNATIONAL DISPUTES |
Claims US territory of Wake Island
| REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS) |
None reported.
| ILLICIT DRUGS |
None reported.
| HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES |
2009 Human Rights Report: Marshall Islands
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
The Republic of the Marshall Islands is a constitutional republic with a population of approximately 65,000. In 2007 voters elected the
parliament (Nitijela) in generally free and fair multiparty elections. On October 21, a vote of no confidence in the parliament removed
Litokwa Tomeing from presidential power. On October 26, the parliament elected speaker Jurelang Zedkaia as president. Civilian
authorities generally maintained effective control of the security forces.
The government generally respected the human rights of its citizens; however, there were areas of concern including:
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
The Republic of the Marshall Islands is a constitutional republic with a population of approximately 65,000. In 2007 voters elected the
parliament (Nitijela) in generally free and fair multiparty elections. On October 21, a vote of no confidence in the parliament removed
Litokwa Tomeing from presidential power. On October 26, the parliament elected speaker Jurelang Zedkaia as president. Civilian
authorities generally maintained effective control of the security forces.
The government generally respected the human rights of its citizens; however, there were areas of concern including:
- prison conditions,
- government corruption,
- violence against women,
- child abuse,
- lack of worker protections .
2 February 2007
ADVANCE UNEDITED
COMMITTEE ON THE RIGHTS OF THE CHILD
Forty-fourth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION
Concluding observations of the Committee on the Rights of the Child:
MARSHALL ISLANDS
Introduction
2. The Committee welcomes the submission of the second periodic report of the Republic of the Marshall Islands. However, the
Committee regrets that the State party did not provide replies to the list of issues (CRC/C/MHL/Q/2). The Committee also deeply regrets
the absence of a delegation from the State party for the second time. Consequently, the Committee could not benefit from the
opportunity of having a constructive dialogue with representatives of the State party. The Committee had to base its recommendations
on information provided in the State party’s report and other reliable information made available to it.
B. Follow up measures and progress achieved
3. The Committee notes with appreciation the enactment of the following legislation:
a) The Adoption Act in 2002 which ensures the protection of children through legal safeguards and the creation of a supervisory agency;
b) The Sale of Tobacco to Minors Act in 2003 (Public Law 2003-101) which prohibits the sale, distribution and use of tobacco products
to persons below the age of eighteen;
c) The amended Birth Registration and Marriage Registration Act which raises the legal age of marriage for girls from sixteen to eighteen
years, bridging the disparity between the minimum legal age for the marriage of boys and that of girls, as recommended by the
Committee in its previous concluding observations (CRC/C/15/Add.139, para. 24), and
d) The amended Criminal Code which prohibits the use of corporal punishment against children as a disciplinary measure in penal
institutions.
Principal areas of concern and recommendations
6. The Committee notes with satisfaction that some concerns and recommendations (CRC/C/15/Add.139 of 16 October 2000) made
upon the consideration of the State party’s initial report have been addressed through legislative measures and policies. However,
recommendations regarding, inter alia, coordination, independent monitoring, data collection, parental responsibilities, child abuse and
neglect, health and health services, adolescent health, education, and the administration of juvenile justice have not been given
sufficient follow-up. The Committee notes that those concerns and recommendations are reiterated in the present document.
7. The Committee urges the State party to take all necessary measures to address those recommendations from the concluding
observations of the initial report that have not yet been implemented and to provide adequate follow-up to the recommendations
contained in the present concluding observations in the next periodic report.
Legislation
8. The Committee notes the measures undertaken by the State party to review its legislation with a view to ensuring its conformity with
the Convention. The Committee is however concerned at fact that not all principles and provisions of the Convention are covered by the
State party’s legislation.
9. The Committee recommends that the State party take effective measures, to harmonize its domestic legislation, which includes
customary law, with the provisions and principles of the Convention.
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ADVANCE UNEDITED
COMMITTEE ON THE RIGHTS OF THE CHILD
Forty-fourth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION
Concluding observations of the Committee on the Rights of the Child:
MARSHALL ISLANDS
Introduction
2. The Committee welcomes the submission of the second periodic report of the Republic of the Marshall Islands. However, the
Committee regrets that the State party did not provide replies to the list of issues (CRC/C/MHL/Q/2). The Committee also deeply regrets
the absence of a delegation from the State party for the second time. Consequently, the Committee could not benefit from the
opportunity of having a constructive dialogue with representatives of the State party. The Committee had to base its recommendations
on information provided in the State party’s report and other reliable information made available to it.
B. Follow up measures and progress achieved
3. The Committee notes with appreciation the enactment of the following legislation:
a) The Adoption Act in 2002 which ensures the protection of children through legal safeguards and the creation of a supervisory agency;
b) The Sale of Tobacco to Minors Act in 2003 (Public Law 2003-101) which prohibits the sale, distribution and use of tobacco products
to persons below the age of eighteen;
c) The amended Birth Registration and Marriage Registration Act which raises the legal age of marriage for girls from sixteen to eighteen
years, bridging the disparity between the minimum legal age for the marriage of boys and that of girls, as recommended by the
Committee in its previous concluding observations (CRC/C/15/Add.139, para. 24), and
d) The amended Criminal Code which prohibits the use of corporal punishment against children as a disciplinary measure in penal
institutions.
Principal areas of concern and recommendations
6. The Committee notes with satisfaction that some concerns and recommendations (CRC/C/15/Add.139 of 16 October 2000) made
upon the consideration of the State party’s initial report have been addressed through legislative measures and policies. However,
recommendations regarding, inter alia, coordination, independent monitoring, data collection, parental responsibilities, child abuse and
neglect, health and health services, adolescent health, education, and the administration of juvenile justice have not been given
sufficient follow-up. The Committee notes that those concerns and recommendations are reiterated in the present document.
7. The Committee urges the State party to take all necessary measures to address those recommendations from the concluding
observations of the initial report that have not yet been implemented and to provide adequate follow-up to the recommendations
contained in the present concluding observations in the next periodic report.
Legislation
8. The Committee notes the measures undertaken by the State party to review its legislation with a view to ensuring its conformity with
the Convention. The Committee is however concerned at fact that not all principles and provisions of the Convention are covered by the
State party’s legislation.
9. The Committee recommends that the State party take effective measures, to harmonize its domestic legislation, which includes
customary law, with the provisions and principles of the Convention.
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Freedom In The World 2010 Report
Political Rights Score: 1
Civil Liberties Score: 1
Status: Free
Overview
Prime Minister Litokwa Tomeing survived his second vote of no confidence in March 2009 after he dismissed the foreign minister for
publicly criticizing him. Another 1,500 residents left the Marshall Islands in 2009 for better work and education opportunities overseas;
approximately one-third of the country’s 54,000 citizens currently works or resides overseas.
Compensation for the victims of nuclear weapons testing conducted at the Bikini and Enewetak atolls more than 50 years ago has been
another point of contention. Bikini remains uninhabitable and Enewetak is partly contaminated. While a $150 million Nuclear Claims Fund
is supposed to provide compensation for past, present, and future RMI claimants, victims argue that this sum is inadequate. The United
States has refused to contribute more, maintaining that this sum is in addition to the $1.5 billion already paid out for personal injury and
property damages under the original compact.
Results of the January 2008 general elections gave no clear majority to any single party. However, the elections were considered free and
fair by international observers. Former speaker and traditional chief Litokwa Tomeing of the Aelon Kein Ad (Our Islands) party was
chosen as the new president by 18 of the 33 parliament members. Tomeing pledged transparency and good governance and assured
Taiwan of continued diplomatic ties. He also promised renegotiation of the amended compact to obtain higher rents, more development
assistance, and full compensation for those affected by weapons tests. In October 2008, Tomeing survived an opposition-led vote of no
confidence. He defeated a second no-confidence vote in March 2009, which had been initiated by his supporters in protest of his
dismissal of Foreign Minister Tony deBrum, a representative for Kwajalein. DeBrum had openly criticized the prime minister for failing to
work with landowners to attain higher rent payments from the United States.
With limited education and employment opportunities, many residents take advantage of special privileges under the compact agreement
and migrate to the United States. In 2009, a record 1,500 residents left the RMI. Approximately one-third of all RMI citizens currently
reside overseas, primarily in the United States.
The RMI is an electoral democracy. The president is chosen for a four-year term by the unicameral House of Representatives (Nitijela),
from among its members. The chamber’s 33 members are directly elected to four-year terms. An advisory body, the Council of Chiefs
(Iroij), consists of 12 traditional leaders who are consulted on customary law. The two main political parties are Aelon Kein Ad and the
United Democratic Party.
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Political Rights Score: 1
Civil Liberties Score: 1
Status: Free
Overview
Prime Minister Litokwa Tomeing survived his second vote of no confidence in March 2009 after he dismissed the foreign minister for
publicly criticizing him. Another 1,500 residents left the Marshall Islands in 2009 for better work and education opportunities overseas;
approximately one-third of the country’s 54,000 citizens currently works or resides overseas.
Compensation for the victims of nuclear weapons testing conducted at the Bikini and Enewetak atolls more than 50 years ago has been
another point of contention. Bikini remains uninhabitable and Enewetak is partly contaminated. While a $150 million Nuclear Claims Fund
is supposed to provide compensation for past, present, and future RMI claimants, victims argue that this sum is inadequate. The United
States has refused to contribute more, maintaining that this sum is in addition to the $1.5 billion already paid out for personal injury and
property damages under the original compact.
Results of the January 2008 general elections gave no clear majority to any single party. However, the elections were considered free and
fair by international observers. Former speaker and traditional chief Litokwa Tomeing of the Aelon Kein Ad (Our Islands) party was
chosen as the new president by 18 of the 33 parliament members. Tomeing pledged transparency and good governance and assured
Taiwan of continued diplomatic ties. He also promised renegotiation of the amended compact to obtain higher rents, more development
assistance, and full compensation for those affected by weapons tests. In October 2008, Tomeing survived an opposition-led vote of no
confidence. He defeated a second no-confidence vote in March 2009, which had been initiated by his supporters in protest of his
dismissal of Foreign Minister Tony deBrum, a representative for Kwajalein. DeBrum had openly criticized the prime minister for failing to
work with landowners to attain higher rent payments from the United States.
With limited education and employment opportunities, many residents take advantage of special privileges under the compact agreement
and migrate to the United States. In 2009, a record 1,500 residents left the RMI. Approximately one-third of all RMI citizens currently
reside overseas, primarily in the United States.
The RMI is an electoral democracy. The president is chosen for a four-year term by the unicameral House of Representatives (Nitijela),
from among its members. The chamber’s 33 members are directly elected to four-year terms. An advisory body, the Council of Chiefs
(Iroij), consists of 12 traditional leaders who are consulted on customary law. The two main political parties are Aelon Kein Ad and the
United Democratic Party.
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5 April 2005
Constitutional prohibitions of the death penalty
One of the most important steps a country can take to secure human rights for everyone under its jurisdiction is to abolish the death
penalty by removing the penalty from its laws. If the country also prohibits the death penalty under its constitution, abolition becomes
even more secure.
Out of the 84 countries in the world which have to date abolished the death penalty for all crimes, at least 42 have prohibited it in their
constitutions. The latest to do so is Belgium, which amended its constitution in February 2005 to prohibit the death penalty under all
circumstances. Five other countries have constitutional provisions which limit the crimes for which the death penalty can be imposed.
Almost all of these prohibitions and restrictions have been on human rights grounds.
Table 1. Constitutions that prohibit the death penalty
MARSHALL ISLANDS Constitution of the Republic of the Marshall Islands (1979)
Section 6(1) states: "No crime under the law of the Republic of the Marshall Islands may be punishable by death." Section 6 is entitled
"Cruel and Unusual Punishment".
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Constitutional prohibitions of the death penalty
One of the most important steps a country can take to secure human rights for everyone under its jurisdiction is to abolish the death
penalty by removing the penalty from its laws. If the country also prohibits the death penalty under its constitution, abolition becomes
even more secure.
Out of the 84 countries in the world which have to date abolished the death penalty for all crimes, at least 42 have prohibited it in their
constitutions. The latest to do so is Belgium, which amended its constitution in February 2005 to prohibit the death penalty under all
circumstances. Five other countries have constitutional provisions which limit the crimes for which the death penalty can be imposed.
Almost all of these prohibitions and restrictions have been on human rights grounds.
Table 1. Constitutions that prohibit the death penalty
MARSHALL ISLANDS Constitution of the Republic of the Marshall Islands (1979)
Section 6(1) states: "No crime under the law of the Republic of the Marshall Islands may be punishable by death." Section 6 is entitled
"Cruel and Unusual Punishment".
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United States Ratification of International Human Rights Treaties
July 24, 2009
Overview
With a new administration and Congress, the United States has an important opportunity to reposition itself as a global leader on human
rights. One means towards that goal is to sign and ratify core human rights treaties. Chief among these are international conventions
relating to children, women, persons with disabilities, torture, enforced disappearance, and the use of anti-personnel landmines and
cluster munitions.
The failure of the US to join with other nations in taking on international human rights legal obligations has undercut its international
leadership on key issues, limiting its influence, its stature, and its credibility in promoting respect for human rights around the world.
Convention on the Rights of the Child Background:
The Convention on the Rights of the Child (CRC) promotes and protects the well-being of all children, and was the first international
treaty to integrate the full range of human rights-civil, political, economic, social and cultural-into a single document. It emphasizes four
key themes: the right of children to survival; to develop to their fullest potential; to protection from abuse, neglect and exploitation; and to
participate in family, cultural and social life.
Key points:
* The Convention on the Rights of the Child is the most widely and rapidly ratified human rights treaty in history. Only the United
States and Somalia, which has no functioning national government, have failed to ratify the treaty.
* The conspicuous absence of the United States among the CRC's states parties undermines the its international leadership role for
children, and consistently raises questions in UN and other international forums regarding the its commitment to children's rights. For
example, for the past seven years, the US (joined by the Marshall Islands in 2002 and 2004) has been in the embarrassing position of
being the only UN member state to vote against the UN General Assembly's resolution on the rights of the child, primarily because of the
resolution's references to the CRC.
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July 24, 2009
Overview
With a new administration and Congress, the United States has an important opportunity to reposition itself as a global leader on human
rights. One means towards that goal is to sign and ratify core human rights treaties. Chief among these are international conventions
relating to children, women, persons with disabilities, torture, enforced disappearance, and the use of anti-personnel landmines and
cluster munitions.
The failure of the US to join with other nations in taking on international human rights legal obligations has undercut its international
leadership on key issues, limiting its influence, its stature, and its credibility in promoting respect for human rights around the world.
Convention on the Rights of the Child Background:
The Convention on the Rights of the Child (CRC) promotes and protects the well-being of all children, and was the first international
treaty to integrate the full range of human rights-civil, political, economic, social and cultural-into a single document. It emphasizes four
key themes: the right of children to survival; to develop to their fullest potential; to protection from abuse, neglect and exploitation; and to
participate in family, cultural and social life.
Key points:
* The Convention on the Rights of the Child is the most widely and rapidly ratified human rights treaty in history. Only the United
States and Somalia, which has no functioning national government, have failed to ratify the treaty.
* The conspicuous absence of the United States among the CRC's states parties undermines the its international leadership role for
children, and consistently raises questions in UN and other international forums regarding the its commitment to children's rights. For
example, for the past seven years, the US (joined by the Marshall Islands in 2002 and 2004) has been in the embarrassing position of
being the only UN member state to vote against the UN General Assembly's resolution on the rights of the child, primarily because of the
resolution's references to the CRC.
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State of the Nation - 31st Constitutional Regular Session
January 04, 2010
Majuro
Mr. Speaker,
The past year we confronted numerous challenges while realizing new accomplishments. I take this opportunity to express our gratitude
to our close bilateral partners and donor agencies in the region and abroad for their ready support and assistance. We thank our close
ally, the United States of America for our mutual friendship. We recognize our unique relationship with the governments of Japan, the
Republic of China (Taiwan), Australia, New Zealand, as well as, member countries of the Pacific Islands Forum, and others and we
thank them for their continuing support towards the development of the Marshall Islands. Likewise, we cannot overlook our well
established connection with those agencies operating in the region and elsewhere and whose assistance continues to provide vital
assurance. I thank SPREP, SOPAC, ADB, IMF, the World Bank, the European Union, United Nations and its affiliated organizations, and
many others for their continuing assistance towards the development of the Marshall Islands.
Our national agenda with respect to economic sustainability and self reliance continues to be our guiding beacon. Our journey onwards
will continue to be riddled with numerous challenges. By their very nature, challenges are problems meant to be overcome. But how, we
may ask ourselves? By diligent and hard work. By genuine cooperation. By honest and sincere reflections. I urge each of us to come
together, to reason together, to march forward together.
Health and education continue to be the government’s top priorities as evident by the level of annual funds poured into these two sectors.
If we should compare the amount of funds that have been devoted to these sectors and the outcome over the years, the result may be
considered dismal. Granted that the issues involved are complex requiring in certain cases, strong intervention. But if the problems
continue to persist, if it advances from bad to worse, I think a different approach, a different perspective, a different mindset, is called
for.
Let’s ask ourselves how can I make a difference in the development of health and education in the country? And don’t stop with the
answer. In fact, don’t share your answer. Just do.
Early childhood education must be strengthened for this is the foundation. Let us enforce the mandatory enrollment of all school children
ages 4 to 18. Let’s make concessions where concessions are needed in order to improve and strengthen our educational sector. I call
upon each of us to set aside that which may delay critical progress. I urge that we move with all the speed at our command. For while ill-
health affects our physical well being, poor education stultifies intellectual growth. Let not today be the mirror-effect of yesterday. No.
Let today be better than yesterday. Let’s all just do.
The fact of the matter is that no matter how high and laudable our economic and future aspirations may be, success cannot be sustained
without a corresponding commitment and development of the nation’s human resources. We cannot and should not accept anymore
mediocre standards for such will not take us to higher levels of development. The government alone cannot carry the weight, but will
need everyone’s active participation.
Let us not judge the development of our nation by our individual wealth and well-being, but rather let the standard be set by the wealth
and well-being of the people.
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January 04, 2010
Majuro
Mr. Speaker,
The past year we confronted numerous challenges while realizing new accomplishments. I take this opportunity to express our gratitude
to our close bilateral partners and donor agencies in the region and abroad for their ready support and assistance. We thank our close
ally, the United States of America for our mutual friendship. We recognize our unique relationship with the governments of Japan, the
Republic of China (Taiwan), Australia, New Zealand, as well as, member countries of the Pacific Islands Forum, and others and we
thank them for their continuing support towards the development of the Marshall Islands. Likewise, we cannot overlook our well
established connection with those agencies operating in the region and elsewhere and whose assistance continues to provide vital
assurance. I thank SPREP, SOPAC, ADB, IMF, the World Bank, the European Union, United Nations and its affiliated organizations, and
many others for their continuing assistance towards the development of the Marshall Islands.
Our national agenda with respect to economic sustainability and self reliance continues to be our guiding beacon. Our journey onwards
will continue to be riddled with numerous challenges. By their very nature, challenges are problems meant to be overcome. But how, we
may ask ourselves? By diligent and hard work. By genuine cooperation. By honest and sincere reflections. I urge each of us to come
together, to reason together, to march forward together.
Health and education continue to be the government’s top priorities as evident by the level of annual funds poured into these two sectors.
If we should compare the amount of funds that have been devoted to these sectors and the outcome over the years, the result may be
considered dismal. Granted that the issues involved are complex requiring in certain cases, strong intervention. But if the problems
continue to persist, if it advances from bad to worse, I think a different approach, a different perspective, a different mindset, is called
for.
Let’s ask ourselves how can I make a difference in the development of health and education in the country? And don’t stop with the
answer. In fact, don’t share your answer. Just do.
Early childhood education must be strengthened for this is the foundation. Let us enforce the mandatory enrollment of all school children
ages 4 to 18. Let’s make concessions where concessions are needed in order to improve and strengthen our educational sector. I call
upon each of us to set aside that which may delay critical progress. I urge that we move with all the speed at our command. For while ill-
health affects our physical well being, poor education stultifies intellectual growth. Let not today be the mirror-effect of yesterday. No.
Let today be better than yesterday. Let’s all just do.
The fact of the matter is that no matter how high and laudable our economic and future aspirations may be, success cannot be sustained
without a corresponding commitment and development of the nation’s human resources. We cannot and should not accept anymore
mediocre standards for such will not take us to higher levels of development. The government alone cannot carry the weight, but will
need everyone’s active participation.
Let us not judge the development of our nation by our individual wealth and well-being, but rather let the standard be set by the wealth
and well-being of the people.
Click here to read more »
The Contemporary Pacific
Volume 22, Number 1, Spring 2010,
The past twelve months in the Republic of the Marshall Islands (RMI) have been characterized both by the breaking of new political
ground—including two votes of no confidence, cabinet shake-ups, and emerging diplomatic prospects—and by the reappearance of
entrenched electoral, fiscal, and demographic challenges.
Certainly the most highly anticipated and watched political events of the last year were the two votes of no confidence filed against the
administration of President Litokwa Tomeing, heading a coalition government led by the Aelon Kein Ad (AKA) majority party, within his
first fifteen months in office. The first no-confidence vote was introduced to the Nitijela (Parliament) by Ebon Senator John Silk of the
opposition United Democratic Party (UDP) on 14 October 2008, the last sitting day of the year's parliamentary session. In addition to
Silk, thirteen other UDP members, including former President and current Jabat Senator Kessai Note, signed the motion, although in
entering the motion they acknowledged that they lacked the minimum seventeen votes needed to unseat Tomeing. Among the list of
reasons for the motion, the United Democratic Party cited deteriorating relations with the United States, the inaction on the part of the
Tomeing government to respond adequately to the recent loss of jobs for Marshallese citizens at the US Army base on Kwajalein, failing
to support a bill in the US Senate that would have ear-marked $4 million per year for the next fifteen years for health services to
Marshallese from nuclear-affected atolls, and the administration's "refusal" to move forward with the newly approved Uliga Elementary
School (Chutaro and Johnson 2008).
According to the RMI constitution, the Nitijela must vote within five to ten days after the submission of a no-confidence motion,
regardless of whether or not Parliament is in session during that time. Sensing that the United Democratic Party did not have the votes
necessary to prevail, Speaker Jurelang Zedkaia, a ruling AKA party member, convened the Nitijela on 21 October; after preliminary
opening remarks, UDPchairman Ailinglaplap Senator Ruben Zachras withdrew the motion. The United Democratic Party was further
embarrassed by the absence of one of the original signers of the motion, Majuro Senator Wilfred Kendall, who later explained that he
failed to attend the meeting as he thought the vote would fail anyway. While significant as only the third no-confidence motion in RMI
[End Page 137] history, this motion was also the first to be withdrawn before a vote was taken (Johnson 2008c; Yokwe Online 2008c).
The fourth no-confidence motion, however, proved to be much more provocative as well as more personal, both for the president and
for a number of his cabinet members. The events leading up to the vote of no confidence of 18 April 2009 began two months earlier,
when Minister of Foreign Affairs and Kwajalein Senator Tony deBrum publicly criticized President Tomeing in an open session of
Parliament on 4 February. Citing a lack of confidence in the president's ability to negotiate successfully with the United States on the
Kwajalein Land Use Agreement (LUA), deBrum also took a swipe at the president's closest political advisers and described a "cancer in
this government" (MIJ, 2009l).
On 25 February, President Tomeing sacked deBrum as minister of foreign affairs in response to the public comments made three weeks
earlier, and the president assumed the foreign affairs portfolio in the interim (Johnson 2009f). That same day, a letter signed by the
fifteen members of the ruling AKA party, including the entire cabinet except for the minister of transportation and communications, Mejit
Senator Dennis Momotaro (who was off-island at the time), was sent to the president's office, fervently calling for deBrum's
reinstatement in the cabinet. As a result of the rift within the ruling party, the Nitijela session was suspended indefinitely, at the request of
the president's office, so that the Speaker could make appropriate seating arrangements reflecting the removal of deBrum as minister
(Johnson 2009b).
When the Nitijela reconvened its session on 10 March, deBrum promptly took his usual ministerial seat next to the president. Prior to the
start of the assembly, however, deBrum was approached by the Nitijela clerk and asked to attend a private meeting with Speaker
Jurelang Zedkaia and Minister in Assistance and Ailinglaplap Senator Christopher Loeak. Reentering the chamber after ten minutes,
deBrum quickly gathered his things and left the Nitijela before the start of the roll call, during which he was addressed as "Senator"
rather than "Minister" (MIJ, 2009e).
After two weeks of political deadlock and internal wrangling in the president's own party, President Tomeing named UDP party member
Senator John Silk as the new minister of foreign affairs on 23 March, marking the first time an opposition member was appointed to the
president's cabinet. Three days later, on 26 March, the Nitijela session was again canceled indefinitely. The next day, a vote of no
confidence was submitted by Kwajalein senators Iroij Mike Kabua and Tony deBrum, along with five other members of the governing
party, forcing Tomeing to cancel an extended trip to Hawai'i and Fiji (Johnson 2009e).
The confusion surrounding the first time a vote of no confidence was filed against a president by members of his own party led to
weeks of public speculation as to who would replace Tomeing as president. Much of this speculation was fueled by the country's only
print media outlet, the Marshall Islands Journal, which reported on several occasions that [End Page 138] the members of the ruling
party had enough votes to topple Tomeing and promptly endorsed Minister of Health and Utrik Senator Amenta Matthew, the
Parliament's only female member, as the next president (MIJ, 2009d). For his part, Senator Mike Kabua was reported to favor Speaker
Zedkaia as the next president (MIJ, 2009h); the AKA party leadership, however, was quick to criticize the "what-if" scenarios the
Journal had been running for three weeks, stating that the party leadership had not yet decided on a replacement for Tomeing (MIJ,
2009a).
By the time of the vote, however, all of the conjecturing as to who would replace Tomeing proved unwarranted, as he rather
convincingly survived the vote. But Tomeing's victory did not come before a minor constitutional crisis was initiated by Speaker
Zedkaia, who set the date for the vote for 22 April, ten "sitting" days after the official motion was filed in Parliament. Since the original
proposal of no confidence was "pre-filed" by the original seven signers of the motion when the Nitijela was not in session on 27 March,
its official submission did not happen until 8 April, after Parliament had reconvened. On the evening of 17 April, the high court chief
justice ruled that the constitution was clear that a vote of no confidence must take place within five to ten calendar days of its
submission—not parliamentary "sitting" days as Speaker Zedkaia had argued—meaning that the last day for the vote was the next day,
Saturday, 18 April (MIJ, 2009g).
The same day of the high court ruling, and one day before the no-confidence vote, Tomeing made a bold move by replacing four more
cabinet ministers with members of the opposition UDP party: Minister in Assistance Christopher Loeak was replaced by Ailinglaplap
Senator Ruben Zachras; Minister of Transportation and Communications Dennis Momotaro was replaced by Rongelap Senator Kenneth
Kedi; Minister of Resources and Development and Ujae Senator Frederick Muller was replaced by Namdrik Senator Mattlan Zachras; and
Minister of Public Works and Mili Senator Kejjo Bien was replaced by Ailuk Senator Maynard Alfred (Johnson 2009a).
On the day of the no-confidence vote, Speaker Zedkaia again tried to delay the proceedings by citing the confusion surrounding the
official seating of the new cabinet ministers. After an hour and forty-five minutes of debating whether or not to proceed with the vote
(which included a discussion of the Speaker's housewarming party that evening as a reason to delay the procedure), the Speaker
announced that the motion would move forward (Johnson 2009a). Once the vote was taken, Tomeing survived by a vote of 18 to 14,
securing his political authority for perhaps the first time in his administration.
The ability of Tomeing to endure and prevail over an unprecedented two votes of no confidence was vital to the ability of his
administration to govern, coming into power as it did after the 2007 election (what many consider to be the worst-run election in RMI
history). As one of his first acts as president, Tomeing had called for the establishment of an independent commission of inquiry to
evaluate the 2007 election and make recommendations for future elections. [End Page 139] On 12 August 2008, the commission's
findings were made public in its report to the Nitijela. The report laid the blame for the electoral mess squarely at the feet of Jaluit
Senator Rien Morris, who had been minister of internal affairs at the time, criticizing him for, among other things, interfering in the
Public Service Commission (PSC) selection committee's hiring process for the position of chief electoral officer. The report argued that
Morris's meddling in PSC affairs led to the appointment of the relatively inexperienced Carl Alik over the selection committee's
comparatively more qualified choice for the position (Johnson 2008d).
Click here to read more »
Volume 22, Number 1, Spring 2010,
The past twelve months in the Republic of the Marshall Islands (RMI) have been characterized both by the breaking of new political
ground—including two votes of no confidence, cabinet shake-ups, and emerging diplomatic prospects—and by the reappearance of
entrenched electoral, fiscal, and demographic challenges.
Certainly the most highly anticipated and watched political events of the last year were the two votes of no confidence filed against the
administration of President Litokwa Tomeing, heading a coalition government led by the Aelon Kein Ad (AKA) majority party, within his
first fifteen months in office. The first no-confidence vote was introduced to the Nitijela (Parliament) by Ebon Senator John Silk of the
opposition United Democratic Party (UDP) on 14 October 2008, the last sitting day of the year's parliamentary session. In addition to
Silk, thirteen other UDP members, including former President and current Jabat Senator Kessai Note, signed the motion, although in
entering the motion they acknowledged that they lacked the minimum seventeen votes needed to unseat Tomeing. Among the list of
reasons for the motion, the United Democratic Party cited deteriorating relations with the United States, the inaction on the part of the
Tomeing government to respond adequately to the recent loss of jobs for Marshallese citizens at the US Army base on Kwajalein, failing
to support a bill in the US Senate that would have ear-marked $4 million per year for the next fifteen years for health services to
Marshallese from nuclear-affected atolls, and the administration's "refusal" to move forward with the newly approved Uliga Elementary
School (Chutaro and Johnson 2008).
According to the RMI constitution, the Nitijela must vote within five to ten days after the submission of a no-confidence motion,
regardless of whether or not Parliament is in session during that time. Sensing that the United Democratic Party did not have the votes
necessary to prevail, Speaker Jurelang Zedkaia, a ruling AKA party member, convened the Nitijela on 21 October; after preliminary
opening remarks, UDPchairman Ailinglaplap Senator Ruben Zachras withdrew the motion. The United Democratic Party was further
embarrassed by the absence of one of the original signers of the motion, Majuro Senator Wilfred Kendall, who later explained that he
failed to attend the meeting as he thought the vote would fail anyway. While significant as only the third no-confidence motion in RMI
[End Page 137] history, this motion was also the first to be withdrawn before a vote was taken (Johnson 2008c; Yokwe Online 2008c).
The fourth no-confidence motion, however, proved to be much more provocative as well as more personal, both for the president and
for a number of his cabinet members. The events leading up to the vote of no confidence of 18 April 2009 began two months earlier,
when Minister of Foreign Affairs and Kwajalein Senator Tony deBrum publicly criticized President Tomeing in an open session of
Parliament on 4 February. Citing a lack of confidence in the president's ability to negotiate successfully with the United States on the
Kwajalein Land Use Agreement (LUA), deBrum also took a swipe at the president's closest political advisers and described a "cancer in
this government" (MIJ, 2009l).
On 25 February, President Tomeing sacked deBrum as minister of foreign affairs in response to the public comments made three weeks
earlier, and the president assumed the foreign affairs portfolio in the interim (Johnson 2009f). That same day, a letter signed by the
fifteen members of the ruling AKA party, including the entire cabinet except for the minister of transportation and communications, Mejit
Senator Dennis Momotaro (who was off-island at the time), was sent to the president's office, fervently calling for deBrum's
reinstatement in the cabinet. As a result of the rift within the ruling party, the Nitijela session was suspended indefinitely, at the request of
the president's office, so that the Speaker could make appropriate seating arrangements reflecting the removal of deBrum as minister
(Johnson 2009b).
When the Nitijela reconvened its session on 10 March, deBrum promptly took his usual ministerial seat next to the president. Prior to the
start of the assembly, however, deBrum was approached by the Nitijela clerk and asked to attend a private meeting with Speaker
Jurelang Zedkaia and Minister in Assistance and Ailinglaplap Senator Christopher Loeak. Reentering the chamber after ten minutes,
deBrum quickly gathered his things and left the Nitijela before the start of the roll call, during which he was addressed as "Senator"
rather than "Minister" (MIJ, 2009e).
After two weeks of political deadlock and internal wrangling in the president's own party, President Tomeing named UDP party member
Senator John Silk as the new minister of foreign affairs on 23 March, marking the first time an opposition member was appointed to the
president's cabinet. Three days later, on 26 March, the Nitijela session was again canceled indefinitely. The next day, a vote of no
confidence was submitted by Kwajalein senators Iroij Mike Kabua and Tony deBrum, along with five other members of the governing
party, forcing Tomeing to cancel an extended trip to Hawai'i and Fiji (Johnson 2009e).
The confusion surrounding the first time a vote of no confidence was filed against a president by members of his own party led to
weeks of public speculation as to who would replace Tomeing as president. Much of this speculation was fueled by the country's only
print media outlet, the Marshall Islands Journal, which reported on several occasions that [End Page 138] the members of the ruling
party had enough votes to topple Tomeing and promptly endorsed Minister of Health and Utrik Senator Amenta Matthew, the
Parliament's only female member, as the next president (MIJ, 2009d). For his part, Senator Mike Kabua was reported to favor Speaker
Zedkaia as the next president (MIJ, 2009h); the AKA party leadership, however, was quick to criticize the "what-if" scenarios the
Journal had been running for three weeks, stating that the party leadership had not yet decided on a replacement for Tomeing (MIJ,
2009a).
By the time of the vote, however, all of the conjecturing as to who would replace Tomeing proved unwarranted, as he rather
convincingly survived the vote. But Tomeing's victory did not come before a minor constitutional crisis was initiated by Speaker
Zedkaia, who set the date for the vote for 22 April, ten "sitting" days after the official motion was filed in Parliament. Since the original
proposal of no confidence was "pre-filed" by the original seven signers of the motion when the Nitijela was not in session on 27 March,
its official submission did not happen until 8 April, after Parliament had reconvened. On the evening of 17 April, the high court chief
justice ruled that the constitution was clear that a vote of no confidence must take place within five to ten calendar days of its
submission—not parliamentary "sitting" days as Speaker Zedkaia had argued—meaning that the last day for the vote was the next day,
Saturday, 18 April (MIJ, 2009g).
The same day of the high court ruling, and one day before the no-confidence vote, Tomeing made a bold move by replacing four more
cabinet ministers with members of the opposition UDP party: Minister in Assistance Christopher Loeak was replaced by Ailinglaplap
Senator Ruben Zachras; Minister of Transportation and Communications Dennis Momotaro was replaced by Rongelap Senator Kenneth
Kedi; Minister of Resources and Development and Ujae Senator Frederick Muller was replaced by Namdrik Senator Mattlan Zachras; and
Minister of Public Works and Mili Senator Kejjo Bien was replaced by Ailuk Senator Maynard Alfred (Johnson 2009a).
On the day of the no-confidence vote, Speaker Zedkaia again tried to delay the proceedings by citing the confusion surrounding the
official seating of the new cabinet ministers. After an hour and forty-five minutes of debating whether or not to proceed with the vote
(which included a discussion of the Speaker's housewarming party that evening as a reason to delay the procedure), the Speaker
announced that the motion would move forward (Johnson 2009a). Once the vote was taken, Tomeing survived by a vote of 18 to 14,
securing his political authority for perhaps the first time in his administration.
The ability of Tomeing to endure and prevail over an unprecedented two votes of no confidence was vital to the ability of his
administration to govern, coming into power as it did after the 2007 election (what many consider to be the worst-run election in RMI
history). As one of his first acts as president, Tomeing had called for the establishment of an independent commission of inquiry to
evaluate the 2007 election and make recommendations for future elections. [End Page 139] On 12 August 2008, the commission's
findings were made public in its report to the Nitijela. The report laid the blame for the electoral mess squarely at the feet of Jaluit
Senator Rien Morris, who had been minister of internal affairs at the time, criticizing him for, among other things, interfering in the
Public Service Commission (PSC) selection committee's hiring process for the position of chief electoral officer. The report argued that
Morris's meddling in PSC affairs led to the appointment of the relatively inexperienced Carl Alik over the selection committee's
comparatively more qualified choice for the position (Johnson 2008d).
Click here to read more »
Marshalls Nuclear Claims Tribunal halts compensation payments
Posted at 22:34 on 14 July, 2009
The Marshall Islands Nuclear Claims Tribunal has halted all compensation payments for the first time since it began paying claims in
1991.
The tribunal owes more than two billion US dollars in compensation, and the US government recently admitted that cancers from
exposure to 67 nuclear weapons tests of the 1950s will continue developing in the future.
The Chairman Gregory Danz says he is halting the small five percent initial payments, as it winds down its operation in the face of
dwindling funds.
He says the Nuclear Claims Fund was down to just over 100 thousand dollars at, the end of May, of the 150 million dollars provided
through a Compact of Free Association.
The Bikini Atoll Local Government official Jack Niedenthal describes the Compact of Free Association’s compensation to the nuclear
victims of the Marshall Islands as a total rip off.
Click here to read more>>
Posted at 22:34 on 14 July, 2009
The Marshall Islands Nuclear Claims Tribunal has halted all compensation payments for the first time since it began paying claims in
1991.
The tribunal owes more than two billion US dollars in compensation, and the US government recently admitted that cancers from
exposure to 67 nuclear weapons tests of the 1950s will continue developing in the future.
The Chairman Gregory Danz says he is halting the small five percent initial payments, as it winds down its operation in the face of
dwindling funds.
He says the Nuclear Claims Fund was down to just over 100 thousand dollars at, the end of May, of the 150 million dollars provided
through a Compact of Free Association.
The Bikini Atoll Local Government official Jack Niedenthal describes the Compact of Free Association’s compensation to the nuclear
victims of the Marshall Islands as a total rip off.
Click here to read more>>
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Jurelang Zedkaia
President since 2 November 2009
President since 2 November 2009
| TRAFFICKING IN PERSONS |
None reported.
Jurelang Zedkaia
President since 2 November 2009
President since 2 November 2009
