31/4 Report of the Working Group on the Universal Periodic Review - Federated States of Micronesia
Document Type: Final Report
Date: 2015 Dec
Session: 31st Regular Session (2016 Feb)
Agenda Item:
Human Rights Council Thirty-first session
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Federated States of Micronesia
* The annex is being circulated in the language of submission only.
Contents
Page
Introduction ...................................................................................................................................... 3
I. Summary of the proceedings of the review process ......................................................................... 3
A. Presentation by the State under review .................................................................................... 3
B. Interactive dialogue and responses by the State under review ................................................. 5
II. Conclusions and/or recommendations .............................................................................................. 11
Annex
Composition of the delegation ......................................................................................................... 18
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-third session from 2 to 13
November 2015. The review of the Federated States of Micronesia was held at the 1st
meeting on 2 November 2015. The delegation of the Federated States of Micronesia was
headed by the Permanent Representative of the Federated States of Micronesia to the
United Nations, Jane J. Chigiyal. At its 10th meeting, held on 6 November 2015, the
Working Group adopted the report on the Federated States of Micronesia.
2. On 13 January 2015, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of the Federated States of Micronesia: China,
Côte d’Ivoire and Estonia.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of the Federated States of Micronesia:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/23/FSM/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/23/FSM/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/23/FSM/3).
4. A list of questions prepared in advance by Germany, Lichtenstein, Mexico, Slovenia
and the United Kingdom of Great Britain and Northern Ireland was transmitted to the
Federated States of Micronesia through the troika. These questions are available on the
extranet of the Working Group.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The head of the delegation of the Federated States of Micronesia, Permanent
Representative of the Federated States of Micronesia, Jane J. Chigiyal, welcomed the
opportunity to appear before the Working Group of the Universal Periodic Review to share
the progress the Federated States of Micronesia had made and the challenges it faced in
improving the livelihoods of its people and in addressing the many recommendations made
in the previous review cycle.
6. She stressed that, in preparation for the second review, the Government had created
an interdepartmental task force, which included civil society, to take up the review and
analysis of the recommendations and pledges made in the first review. The task force
undertook wide consultations in the development of the second national report for the
review. A number of national and State consultations had been held, laying the groundwork
for the establishment of the task force in 2015. A matrix had been developed to assess the
work done and work needed to move the country towards its commitments. In that regard,
she thanked development partners, regional agencies and the United Nations entities that
had provided public awareness activities, guidance, advice and funding support in the
drafting and completion of the second national report.
7. The head of the delegation noted that the Federated States of Micronesia was a
federation comprised of four autonomous States: Chuuk, Kosrae, Pohnpei and Yap, with
Pohnpei State being the seat of the Government.
8. She stated that the Constitution was the supreme law of the land, which guaranteed
the rights to life, liberty, equal protection and due process of the law. It also guaranteed
non-discrimination, especially on the basis of sex, race, ancestry, national origin, language
or social status, as well as the right to property. It provided for freedoms of expression,
peaceful assembly, association, petition, non-establishment of religion and its free exercise.
It protected the rights of persons with disabilities, the rights of defendants through the
presumption of innocence, and the right against self-incrimination and double jeopardy. It
also prohibited capital punishment.
9. She emphasized that the Federated States of Micronesia was a young nation with a
population estimated to be 102,000. There were 607 islands in total, 76 inhabited islands
and 531 uninhabited islands spread over a longitudinal distance of approximately 1,549
nautical miles, just north of the equator. The widely dispersed islands presented a unique
challenge to governance and service delivery.
10. She emphasized that since the previous review, the Government had made every
effort to review the remaining core human rights treaties. The treaty ratification and
implementation process continued to be a challenge for the Government, not only with
human rights treaties but with any treaty deemed important to the nation. The reporting and
financial obligations would continue to command the attention of the Federated States of
Micronesia; the country had learned from experience about the importance of a bottom-up
approach, which was naturally slow but ensured that the work was comprehensive and
inclusive.
11. She informed the Council that the Federated States of Micronesia had completed the
ratification process for the Optional Protocol to the Convention on the Rights of the Child
on the involvement of children in armed conflict and had submitted its report under the
Convention on the Elimination of All Forms of Discrimination against Women. Part of the
reservation to that Convention concerning maternity leave had been addressed through
Public Law 16-15, which provided that the national Government granted paid maternity
leave of up to six weeks. The Family Health and Safety Study had been completed, the
Child Protection Baseline Report had been launched, Chuuk State had passed the Age of
Consent Law, the Nationwide Integrated Disaster Risk Management and Climate Change
Policy and the Trafficking in Persons Act had been adopted and the Convention on the
Rights of Persons with Disabilities had been signed.
12. She highlighted the fact that the role of women in society continued to evolve. The
Federated States of Micronesia had seen a number of women in the highest positions in the
public service and thus involved in decision-making. Women continued to be prominent in
the private sector. Women were more visible at the state and municipal levels, where the
direct impacts of their positive influence were felt at the grass-roots level.
13. She added that in 2015, a number of women had contested seats in the national
Congress. Temporary special measures had become a topic of discussion at the biannual
Women’s Conferences and among the members of the national Congress in public hearings
at which the issue had first been introduced, then taken up in subsequent years. The issue
would continue to be a topic of much debate among the women of the Federated States of
Micronesia. Public awareness campaigns about the importance of women’s participation
and contribution to decision-making in all branches and at all levels of government and
society would be an ongoing activity.
14. She noted that in September 2015, the international community had adopted the
2030 Agenda for Sustainable Development, envisioned to be transformative and to leave no
one behind. The National Strategic Development Plan continued to guide the social and
economic development efforts of the Federated States of Micronesia. The Federated States
of Micronesia was of the view that human rights were central to any effort to achieve
sustainable development. The Government was working towards building on the unfinished
work of the Millennium Development Goals and updating, mainstreaming and harmonizing
the National Strategic Development Plan. In that regard, it was worth noting that a number
of national policies, such as the Youth Policy and the Disability Policy, would expire in
2015 or 2016 and that the Federated States of Micronesia would start preparing its second
report under the Convention on the Rights of the Child that month.
15. She emphasized that the Federated States of Micronesia believed that that approach
would ensure ownership and accountability and that it looked to international development
partners for their technical and financial assistance in its effort to collect and analyse data,
advocacy work on human rights and appropriate policy and legislative reforms.
16. She stated that the Fifth Assessment Report of the Intergovernmental Panel on
Climate Change had confirmed that climate change was a result of human-induced
activities. She emphasized that climate change had created frequent and intensified
typhoons in the region, noting that early in 2015, typhoons Maysak and Dolphin had hit
three out of four States in the Federation — Chuuk State, Yap State and Pohnpei State in
late March, early April and May respectively. The typhoons had affected 30,000 people,
threatened food and water security, and destroyed infrastructure. There had been a number
of casualties, and families had had to be relocated so that students could finish their
education during the school year. That had set back the Government’s efforts to continue to
improve the livelihood of its people. For a small island country like the Federated States of
Micronesia, it was difficult to talk about human rights without touching on the link between
the adverse impacts of climate change and the right to develop, live and exist as a nation.
B. Interactive dialogue and responses by the State under review
17. During the interactive dialogue, 38 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
18. The Philippines noted with appreciation the adoption of the Trafficking in Persons
Act and the commitment of the Federated States of Micronesia to intensifying its efforts to
protect women and children from domestic violence. It noted that the Federated States of
Micronesia had been vulnerable to the adverse impacts of climate change, which presented
a challenge to the realization of the human rights of its people.
19. Poland commended the Government for the progress made in the coverage of
sanitation and for reducing infant and under-five mortality. It noted the efforts to reduce the
risk posed by sexually transmitted infections and HIV through preventive health services.
Poland was concerned about the high rate of human trafficking and the lack of federal
legislation on domestic violence.
20. Portugal welcomed the enactment of an anti-trafficking law. However, it remained
concerned at the prevalence of cases of violence against women. It welcomed the
ratification of the Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography.
21. Sierra Leone commended the Federated States of Micronesia for the adoption of the
Trafficking in Persons Act and for guaranteeing gender parity in access to education. It
encouraged the Government to put in place legislation ensuring that the minimum age of
consent for marriage was the same for boys and girls, and to increase the access of women
to reproductive health-care services, especially in all rural communities. It also encouraged
the Government to submit its overdue report under the Convention on the Rights of the
Child and to seek further technical assistance in order to meet its obligations under the
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography.
22. Slovenia acknowledged the efforts to eliminate discrimination and all forms of
violence against women and children, including through the national plan of action to
promote gender equality and strategies to address gender-based violence. Nonetheless,
Slovenia noted with concern that domestic violence continued to be one of the primary
human rights issues facing the country.
23. Spain recognized the challenges faced and efforts made by the Federated States of
Micronesia to overcome the effects of climate change on the enjoyment of human rights,
noting the Nationwide Integrated Disaster Risk Management and Climate Change Policy. It
highlighted the ratification of the Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution and child pornography and congratulated
Micronesia for initiatives such as the Family Health and Safety Study.
24. Timor-Leste acknowledged the efforts and commitments set forth in the National
Strategic Development Plan 2004-2023, which outlined key development sectors, including
climate change awareness programmes and mitigation strategies.
25. The United Kingdom acknowledged the capacity and resource challenges facing the
Government, especially given the impact of climate change. It welcomed efforts to
eliminate violence against women and children and the ratification of the Optional Protocol
to the Convention on the Rights of the Child on the sale of children, child prostitution and
child pornography. The United Kingdom noted with concern increasing instances of
transnational crime, including forced labour and human trafficking, and encouraged the
Government to seek technical assistance from the United Nations bodies in tackling those
issues.
26. The United States of America recognized the advances made by the Government to
combat trafficking in persons, including the passage of national and state anti-trafficking-
in-persons laws. It stressed the need to enforce those laws, including by prosecuting and
convicting those engaged in trafficking within its maritime borders, as well as the need to
enact laws against domestic violence.
27. Uruguay highlighted the ratification of the Optional Protocol to the Convention on
the Rights of the Child on the sale of children, child prostitution and child pornography and
the completion of the process for the ratification of the Optional Protocol to the Convention
on the Rights of the Child on the involvement of children in armed conflict. It welcomed
the fact that the Government was considering the ratification of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families and the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.
Uruguay commended the Government for its efforts to develop a national gender policy.
28. The Bolivarian Republic of Venezuela noted the efforts of the Federated States of
Micronesia to comply with its human rights obligations, despite the numerous challenges it
faced owing to the geographical dispersion of the islands and to climate change. It
highlighted the ratification of several international instruments and the adoption in 2012 of
the Trafficking in Persons Act. It appreciated the efforts made to implement the review
recommendations, which required technical assistance and international cooperation, as
requested by the country.
29. Algeria congratulated the Federated States of Micronesia for the adoption in 2012 of
the Trafficking in Persons Act. It expressed appreciation for the national policies,
particularly the National Strategic Development Plan, the national policy for gender
equality, and the policy on persons with disabilities. Algeria highlighted the efforts made in
the framework of the Nationwide Integrated Disaster Risk Management and Climate
Change Policy.
30. Argentina thanked the Federated States of Micronesia for its national report and
recognized the progress made since the last review.
31. Australia congratulated Kosrae State on establishing its Family Protection Act in
2014, the first law to criminalize domestic violence in the Federated States of Micronesia,
and welcomed the commitment to fostering gender equality. Australia was pleased to be
working in partnership with the Federated States of Micronesia through the Pacific Women
Shaping Pacific Development programme, which aimed to improve the political, economic
and social opportunities for Pacific women.
32. Brazil welcomed the ratification of the Optional Protocol to the Convention on the
Rights of the Child on the sale of children, child prostitution and child pornography, along
with continuing improvements in statistical data concerning the protection of children. It
encouraged the Federated States of Micronesia to ratify the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed conflict.
Brazil commended increased national efforts to promote gender equality. It particularly
appreciated the publication of the first report on violence against women. Brazil remained
concerned, nonetheless, that no women had ever been elected to the Congress of the
Federated States of Micronesia.
33. Canada welcomed the ratification of the Optional Protocol to the Convention on the
Rights of the Child on the sale of children, child prostitution and child pornography. It
encouraged the Federated States of Micronesia to continue to build its capacity to address
human rights issues, specifically discrimination against women, domestic violence and
child neglect. It welcomed the commitment to the principles of equality and non-
discrimination. However, Canada noted that legal and social discrimination persisted,
particularly in the area of sexual orientation. It encouraged the Federated States of
Micronesia to adopt measures to address remaining gaps.
34. China noted with appreciation that the Government had put in place a strategic plan
for economic development, attached great importance to the protection of the rights of
children, young people and women, and had taken measures to combat human trafficking.
It noted the adoption of preventive measures against disaster risks and climate change.
35. Costa Rica recognized the leadership of the Federated States of Micronesia in the
abolition of the death penalty. It noted challenges faced owing to climate change, and
encouraged the Federated States of Micronesia to strengthen its capacity in that area,
highlighting the importance of taking into account human rights concerns in its responses to
the issue. It urged the Federated States of Micronesia to put in place a programme for
human rights education that would facilitate efforts to tackle the cultural obstacles that
could affect women’s equal enjoyment of rights in society.
36. Cuba noted that the Federated States of Micronesia consisted of 607 islands, which
had suffered the negative consequences of climate change. It highlighted progress in human
rights, in particular the policy on disabilities, the ratification of several international human
rights instruments and the adoption of the Trafficking in Persons Act. Cuba urged the
international community to respond positively to the request for assistance from the
Federated States of Micronesia to coordinate its human rights initiatives at the national and
state levels.
37. Cyprus commended the Government for its efforts to ensure the enjoyment of
human rights. In particular, it welcomed the adoption of the Trafficking in Persons Act, as
well as the ratification of the Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution and child pornography.
38. Denmark noted that the Federated States of Micronesia had supported the
recommendations from the first review cycle to ratify the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and requested information
on the specific steps that had been taken to honour that commitment. Denmark also
highlighted the fact that the Convention against Torture Initiative stood ready to explore
avenues to assist the Government in making progress in that regard.
39. Djibouti welcomed the efforts made by the Government to strengthen the protection
of human rights, as well as the measures taken to implement the recommendations received
during the first review cycle.
40. Estonia commended the Federated States of Micronesia for meeting its obligations
through the incorporation of human rights principles into national policies. Estonia
welcomed the first research efforts taken by the Federated States of Micronesia to develop
comprehensive information on violence against women, and encouraged it to translate the
collected data and findings into national legislation in order to better protect women and
children from violence, including gender-based violence. Estonia also encouraged the
Federated States of Micronesia to continue its efforts to become party to all the main
international human rights instruments and to cooperate with the special procedures by
issuing a standing invitation.
41. Fiji noted the work of the Federated States of Micronesia towards the adoption of a
national gender policy, and the completion of the 2014 Family and Health and Safety Study
on the prevalence of gender-based violence. Fiji stated that its experience had been similar
to that of the Federated States of Micronesia in relation to the intersection between custom,
customary attitudes and gender inequality, and that its own approach had been to
mainstream gender and to ensure that legislation removed barriers to reporting on gender-
based violence. Fiji also recognized that domestic violence and the abuse of children within
the family remained largely unreported as a result of social, cultural and institutional
barriers.
42. With respect to the issue of ratification of the remaining core human rights
instruments, the head of the delegation reiterated that the Federated States of Micronesia
had prepared a matrix on implementation that aimed to identify responsible government
departments or agencies for such implementation and focus areas.
43. Regarding submission of the report to the Committee on the Rights of the Child, she
confirmed that the Federated States of Micronesia would be starting to prepare its second
report under the Convention on the Rights of the Child in November 2015. There was a
need to focus resources on the Child Protection Baseline Report, which would help identify
the key areas on which the Federated States of Micronesia needed to focus and to which it
needed to direct resources.
44. With respect to the issue of violence against women, she stated that, in order to
implement the provisions of the Convention on the Elimination of All Forms of
Discrimination against Women, the Federated States of Micronesia believed that the Family
Health and Safety Study that had been completed in October would help the country to
gather information and focus attention and resources on the relevant areas.
45. With regard to areas requiring constitutional amendment, the head of the delegation
stated that constitutional amendments would be made subject to the national constitutional
amendment process.
46. The head of delegation also highlighted the need for technical cooperation, which
would enable the Federated States of Micronesia to address its weaknesses in public
education and advocacy work on human rights issues.
47. France commended the Federated States of Micronesia for acceding to the Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography. It welcomed the adoption of an action plan to combat
trafficking in persons.
48. Georgia commended the Government for introducing the Nationwide Integrated
Disaster Risk Management and Climate Change Policy and the climate change law. It
welcomed the adoption of the Trafficking in Persons Act of 2012, as well as the ratification
of the Convention on the Elimination of All Forms of Discrimination against Women and
the Convention on the Rights of the Child.
49. Germany noted the progress made, such as the ratification of the Optional Protocol
to the Convention on the Rights of the Child on the sale of children, child prostitution and
child pornography, the protection afforded to victims of human trafficking and the
protection of the rights of persons with disabilities. Germany also appreciated the
Government’s commitment to combat domestic and sexual violence at the national and
state levels.
50. Indonesia commended the Federated States of Micronesia for signing the
Convention on the Rights of Persons with Disabilities and adopting the Trafficking in
Persons Act and the Nationwide Integrated Disaster Risk Management and Climate Policy.
Indonesia welcomed the submission in June 2015 of the report of Micronesia under the
Convention on the Elimination of All Forms of Discrimination against Women. Indonesia
noted the measures taken to address violence against women and the increased
representation of women in leadership and decision-making positions at the local and
national levels. Indonesia supported the development of a national gender policy. Indonesia
acknowledged the challenges faced by the Federated States of Micronesia, including the
effects of climate change and the risk of disaster.
51. Ireland commended the Federated States of Micronesia for ratifying the Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography and for completing its national procedures for the
ratification of the Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict. It urged the Government to ratify the other core
international human rights instruments, particularly the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights.
Ireland appreciated the efforts being made to tackle violence against women, including the
2014 Family Health and Safety Study. Ireland encouraged the Federated States of
Micronesia to use the recommendations made in the Study to formulate a comprehensive
national policy to tackle violence against women. Ireland urged the Federated States of
Micronesia to amend its laws to ensure the equal protection of all citizens from
discrimination on the grounds of gender, sexual orientation, gender identity and disability.
Ireland regretted that progress had not yet been made on implementing the
recommendations that had been accepted from the previous review cycle to establish a
national human rights institution.
52. Israel congratulated the Federated States of Micronesia for the progress made since
the last review, including the launching and planning of several national policies, such as
the National Youth Policy, the National Policy on Disability and the National Policy on
Gender. Israel commended the Federated States of Micronesia for the important research
initiatives it had taken, such as the Child Protection Baseline Report and the Family Health
and Safety Study. Israel also commended the Federated States of Micronesia for signing the
Convention on the Rights of Persons with Disabilities, adopting the Trafficking in Persons
Act of 2012, and ratifying the Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution and child pornography.
53. Maldives commended the Federated States of Micronesia for adopting the 2012
Trafficking in Persons Act and various State policies, as well as for the progress made in
reducing infant and under-5 mortality. Maldives also took note of the strategic plan for
improving education in the country, expressing the hope that efforts would be made to
improve the quality of education and the resources available. Maldives urged the Federated
States of Micronesia to seek technical support and advice on best practices from the United
Nations and the international community for the promotion and protection of human rights
in the country.
54. Montenegro welcomed the efforts made to strengthen the institutional and legislative
framework for human rights, including the adoption of the Trafficking in Persons Act and
the plans to review and update both the National Youth Policy and the National Disability
Policy. Montenegro expressed the hope that the Federated States of Micronesia would
introduce federal legislation criminalizing violence against women. Montenegro
commended the Federated States of Micronesia for its ratification of the Optional Protocol
to the Convention on the Rights of the Child on the sale of children, child prostitution and
child pornography and the plan to finalize the ratification of the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed conflict.
Montenegro remained concerned, however, that most of the core human rights treaties had
not been ratified.
55. Morocco highlighted the fact that the Federated States of Micronesia had developed
several sectoral policies, including the National Strategic Development Plan and the
national policy for gender equality. Morocco welcomed the legislative reforms that had
been made, such as the adoption in 2012 of the Trafficking in Persons Act. It appreciated
the action the Federated States of Micronesia had taken on its national policy on disability
and its national youth policy and its engagement in the fields of education, health and child
protection.
56. Namibia noted the impacts of climate change on the enjoyment of human rights in
the Federated States of Micronesia. It also noted the launch of the Child Protection Baseline
Report in October 2014, accompanied by the Atlas of the 2013 Child Equity Social
Indicators. Namibia commended the Federated States of Micronesia on the 2014 Family
Health and Safety Study, the first research effort to gather comprehensive information on
violence against women in the country.
57. The Netherlands welcomed the positive steps taken towards equal rights for women,
notably efforts to promote the participation of women in political and decision-making
positions. The Netherlands noted that, while the Federated States of Micronesia had
accepted the recommendations regarding reservations to the Convention on the Elimination
of All Forms of Discrimination against Women that had been made during the first review,
the reservations remained in place.
58. New Zealand noted the accession in 2011 to the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime. New Zealand remained concerned at the rate of domestic violence, stating that increased efforts were required to
counter it. New Zealand noted that OHCHR had urged the Federated States of Micronesia
to introduce federal legislation criminalizing violence against women. It also noted that the
Federated States of Micronesia had accepted the recommendation from the first review to
ratify the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights, but had not yet done so.
59. Panama highlighted the adoption in 2012 of the Trafficking in Persons Act and the
creation of a multidisciplinary universal periodic review task force through a presidential
order. It noted that training was being carried out on gender-awareness in 2015 in
preparation for the national policy on gender, that measures had been put in place to
implement laws on trafficking in persons and that procedures had been developed to
identify victims of trafficking.
60. Mexico expressed appreciation for the adoption in 2012 of the Trafficking in
Persons Act and the submission in 2014 of a bill to Congress for the creation of an office of
gender affairs. Mexico congratulated the Government for giving priority to developing a
national gender policy and submitting its national report under the Convention on the
Rights of the Child.
II. Conclusions and/or recommendations
61. The recommendations formulated during the interactive dialogue/listed below
have been examined by the Federated States of Micronesia and enjoy the support of
the Federated States of Micronesia:
61.1 Engage with the United Nations and development partners when
technical support is required (Timor-Leste);
61.2 Continue to engage multilateral, regional and bilateral partners with
a view to build its capacity and its resources for the effective implementation of
its anti-human trafficking programmes as well as disaster risk reduction
measures and climate change adaption and mitigation programmes
(Philippines).
62. The following recommendations will be examined by the Federated States of
Micronesia, which will provide responses in due time, but no later than the thirty-first
session of the Human Rights Council, in March 2016:
62.1 Ratify the remaining core international human rights treaties, in
particular 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, the Convention against
Torture and its Optional Protocol and the Convention on the Rights of Persons
with Disabilities (Portugal);
62.2 Ratify the International Covenant on Civil and Political Rights and
the other core international human rights instruments, as well as their optional
protocols (Sierra Leone);
62.3 Continue its engagement by ratifying other international
instruments, in particular the International Convention on the Elimination of
All Forms of Racial Discrimination (Algeria);
62.4 Strengthen its legal framework by acceding to the international
human rights promotion and protection instruments to which it is not yet
party, notably the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights (France);
62.5 Continue its engagement by ratifying other international
instruments, in particular the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families (Algeria);
** The conclusions and recommendations have not been edited.
62.6 Ratify the International Covenant on Civil and Political Rights
(Poland) (Montenegro);
62.7 Ratify the International Covenant on Civil and Political Rights and
its two optional protocols (Estonia);
62.8 Ratify the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights and their
corresponding optional protocols (Spain);
62.9 Redouble its efforts for the ratification process of the International
Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights (Indonesia);
62.10 Consider ratification of the International Covenant on Economic,
Social and Cultural Rights and the International Covenant on Civil and
Political Rights as soon as possible (Namibia);
62.11 Ratify the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights (New
Zealand);
62.12 Pursue and complete accession to core human rights covenants,
including in particular the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights,
the International Convention on the Elimination of All Forms of Racial
Discrimination and the Convention against Torture, as previously
recommended (Germany);
62.13 Ratify the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, as well as the
Convention against Torture (Costa Rica);
62.14 Ratify the International Covenant on Civil and Political Rights also
with a view to help ensure equal rights of, and end discrimination against
lesbian, gay, bisexual, transgender and intersex persons (Netherlands);
62.15 Ratify the International Covenant on Economic, Social and Cultural
Rights (Poland);
62.16 Withdraw its reservations to the Convention on the Elimination of
All Forms of Discrimination against Women (Portugal) (Netherlands);
Withdraw all reservations to the Convention on the Elimination of All Forms of
Discrimination against Women (France); Lift the reservations of the Federated
States of Micronesia to the Convention on the Elimination of All Forms of
Discrimination against Women (Fiji);
62.17 Review the reservations made to the Convention on the Elimination
of All Forms of Discrimination against Women with the objective of
withdrawing them, in particular those that are incompatible with the object
and purpose of the said international instrument (Uruguay);
62.18 As a follow-up to recommendations Micronesia accepted in the
course of the first universal periodic review cycle, put forward a concrete plan
with regard to the withdrawal of all reservations made to the Convention on
the Elimination of All Forms of Discrimination against Women (Germany);
62.19 Consider removing all reservations under the Convention on the
Elimination of All Forms of Discrimination against Women and take all
necessary measures to ensure full implementation of the provisions of the
Convention on the Elimination of All Forms of Discrimination against Women
(Namibia);
62.20 Intensify efforts to ratify the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (Denmark);
62.21 Sign and ratify the Convention against Torture, the International
Convention for the Protection of All Persons from Enforced Disappearance, the
International Convention on the Elimination of All Forms of Racial
Discrimination (Uruguay);
62.22 Ratify the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and its Optional Protocol, and prohibit
all corporal punishment of children in all settings, including at home
environment (Estonia);
62.23 Ratify the Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict (France);
62.24 Ratify the Optional Protocol to the Convention on the Rights of the
Child on a communications procedure (Spain);
62.25 Harmonize the national legislation with the Convention on the Rights
of the Child and article 16 (2) of the Convention on the Elimination of All
Forms of Discrimination against Women by passing a legislative amendment to
raise the minimum age of consent to marriage for girls to 18 years
(Montenegro);
62.26 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance (Argentina);
62.27 Ratify the Convention on the Rights of Persons with Disabilities
(Spain); Ratify the Convention on the Rights of Persons with Disabilities at the
earliest opportunity (Australia);
62.28 Continue its efforts in order to ratify the Convention on the Rights of
Persons with Disabilities (Israel);
62.29 Ratify the Convention on the Rights of Persons with Disabilities and
incorporate it into national law (New Zealand);
62.30 Urge the Federated States of Micronesia to ratify the Convention on
the Rights of Persons with Disabilities and its Optional Protocol, and
incorporate them into its domestic legislation (Panama);
62.31 Ratify the Convention on the Rights of Persons with Disabilities and
repeal any legislative provision that limits the full enjoyment of the rights of
this sector of the population (Mexico);
62.32 Take all necessary measures towards acceding to the Rome Statute of
the International Criminal Court (Cyprus);
62.33 Align its national legislation with the Rome Statute of the
International Criminal Court and ratify the Rome Statute and the Agreement
on Privileges and Immunities of the International Criminal Court (Estonia);
62.34 Accede to the Rome Statute of the International Criminal Court
(France);
62.35 As appears in its second national report, urge the Federate States of
Micronesia to continue studying the possibility of applying for membership of
the International Labour Organization (ILO), with a view to ratifying its
fundamental conventions (Panama);
62.36 Continue to improve domestic laws in order to ensure international
legal obligations in accordance with international norms and principles (Timor-
Leste);
62.37 Continue efforts towards bringing national laws related to women
and children in line with its obligations under international human rights law
(Georgia);
62.38 Take immediate steps, including if necessary by requesting
appropriate technical assistance to establish an independent national human
rights institution in accordance with the Paris Principles (Ireland);
62.39 Establish a national human rights institution in compliance with the
Paris Principles (Portugal);
62.40 Strengthen its efforts in establishing a national human rights
institution in accordance with the Paris Principles (Indonesia);
62.41 Develop human rights education and training and include the aspects
of women’s and children’s rights in education curricula (Slovenia);
62.42 Encourage pursuing efforts to overcome the backlog in the
submission of periodic reports (Djibouti);
62.43 Extend a standing invitation to special procedures, as previously
recommended (Portugal);
62.44 Analyse the possibility of issuing an open invitation so that the special
procedures of the Human Rights Council can visit the country (Mexico);
62.45 Ensure equality of all persons before the law, by including gender,
sexual orientation and disability as grounds for non-discrimination in relevant
constitutional or legal provisions (United Kingdom of Great Britain and
Northern Ireland);
62.46 Continue working towards the creation of a national gender policy
(Cuba);
62.47 That the proposed National Gender Policy should incorporate gender
mainstreaming policies in all aspects of Federated States of Micronesia
domestic law and policy (Fiji);
62.48 Speed up the finalization and implementation of the National Gender
Policy (Maldives);
62.49 Strengthen its advocacy measures to educate and empower women,
especially those who are in rural or hard-to-reach communities (Philippines);
62.50 Eliminate all laws and practices that discriminate against women and
promote equal treatment of girls and boys (Cyprus);
62.51 Take the necessary measures to review its domestic legislation so as to
guarantee the prohibition and sanction of discrimination in all its forms,
especially on the basis of gender, sexual orientation and disability (Argentina);
62.52 Design and implement policies to prevent and combat discrimination
on any grounds, including based on sexual orientation and gender identity
(Brazil);
62.53 Include sexual orientation in non-discrimination laws and equality
initiatives (Canada);
62.54 Prohibit discrimination on the basis of gender, disability and sexual
orientation in the Constitution (Mexico);
62.55 Introduce federal legislation criminalising violence against women
(Portugal);
62.56 Establish federal legislation criminalizing violence against women in
all four states (Sierra Leone);
62.57 Improve data collection regarding domestic violence and gender-
based violence (Slovenia);
62.58 Undertake awareness-raising and education on violence against
women (Slovenia);
62.59 Deepen legislative endeavours in the fight against gender-based
violence, within as well as outside of marriage (Spain);
62.60 Develop awareness raising programmes against the scourge of
gender-based violence amongst public officials, law enforcement personnel and
members of the judiciary (Spain);
62.61 Enact federal and state laws criminalising domestic violence (United
States of America);
62.62 That the other States of Micronesia, including Yap, Chuuk and
Pohnpei, introduce legislation criminalizing domestic violence, to ensure that
there is a consistent approach in protecting families and criminalizing domestic
violence across the whole of the Federated States of Micronesia (Australia);
62.63 Strengthen awareness and prevention measures to address violence
against women (Australia);
62.64 Implement effective measures against domestic violence, including
spousal rape, bring perpetrators to justice, and develop public education
campaigns in this area (Canada);
62.65 Adopt measures to reduce violence against women (China);
62.66 Introduce comprehensive legislation criminalizing violence against
women, including marital rape (Germany);
62.67 Following the completion of the Family Health and Safety Study,
continue its actions to eradicate domestic violence (Israel);
62.68 Develop a national action plan to combat domestic violence against
women and children (New Zealand);
62.69 Ensure adequate protection and sheltering of women and children in
need (Slovenia);
62.70 Ensure that federal legislation provides adequate protection for
women and children, including by criminalizing violence in line with
obligations under international human rights law (United Kingdom of Great
Britain and Northern Ireland);
62.71 Strengthen measures to combat violence against women, as well as to
prohibit corporal punishment of children and to set out the minimum age to
work (Brazil);
62.72 Consider passing a domestic violence law which makes reporting of
violence within the family and especially against women and children
mandatory, and which creates a regime of family violence restraining orders
designed to protect the family against further violence (Fiji);
62.73 Put in place a follow-up and evaluation mechanism on the situation of
protection of children and strengthen the institutions working in that area
(Morocco);
62.74 Take legislative measures to prohibit all forms of corporal
punishment of children in all settings (Namibia);
62.75 Expand education and awareness campaigns on the issue of
trafficking in persons and make efforts to study human trafficking in the
country (United States of America);
62.76 Adopt procedures to better identify victims of trafficking among
vulnerable groups such as foreign workers and those engaged in prostitution
(United States of America);
62.77 Adopt a law on access to information in accordance with the
international standards on the issue (Mexico);
62.78 Adopt domestic laws to promote and guarantee women’s political
representation in decision making positions (Costa Rica);
62.79 Take steps, including by implementation of gender quotas for
candidates presented for election by political parties to increase women’s
representation in public and political life (Ireland);
62.80 Pursue efforts to increase women’s representation and leadership in
the decision making bodies both at the political and economic levels (Morocco);
62.81 Put in place labour laws which would include a minimum age of
employment, and which protect children from commercial exploitation (Sierra
Leone);
62.82 Adopt comprehensive laws against child labour (Spain);
62.83 Continue strengthening its social policies in order to raise the quality
of life of its people, in particular of those sectors most in need (Bolivarian
Republic of Venezuela);
62.84 Continue efforts to improve conditions for girls, particularly with
respect to the quality of nutrition, health care and education, and to their civil
rights, including equitable heritable rights (Canada);
62.85 Encourage putting in place a broader social safety net designed to
cover all segments of society, notably persons working in the informal sectors
as well as vulnerable persons (Djibouti);
62.86 Combat malnutrition and micronutrient deficiencies by ensuring the
right to adequate and healthy food (Maldives);
62.87 Continue applying the measures necessary to reduce the risks of
contracting infectious sexually transmitted diseases and HIV, through its
preventive health care services (Panama);
62.88 Continue to combat maternal and child mortality (Djibouti);
62.89 Adopt concrete measures to prevent discrimination against persons
with disabilities in the private sector and in access to services such as health
and education (Spain);
62.90 Grant the Health Department with the human and material resources
to enable it to offer adequate services to persons with disabilities (Spain);
62.91 Encourage the Government to develop a child-friendly centre for
disaster risk protection (Timor-Leste);
62.92 Incorporate human rights considerations in the measures that are
adopted to counter climate change (Costa Rica);
62.93 Continue its fight against the negative consequences of climate
change (Cuba).
63. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of the Federated States of Micronesia was headed by the Permanent
Representative of the Federated States of Micronesia to the United Nations, H.E. Mrs. Jane
J. Chigiyal and composed of the following members:
• Ms. Stacy Yleizah, Acting Deputy Assistant Secretary for Multilateral Affairs,
Department of Foreign Affairs.