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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Marshall Islands - 9th Session - 2010
5th November, 2.30 to 5.30pm
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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and rejected recommendations
Currently unavailable online.
UN Compilation
1. In 2007, the Committee on the Rights of the Child (CRC) noted that Marshall Islands was party to two of the nine core international human rights treaties. Although the Parliament seemed to have approved the ratification of ICCPR, ICESCR, ICERD and CAT, CRC was concerned at the information that the instruments of ratification for these four treaties had not been submitted to the Secretary-General of the United Nations. It recommended that the Marshall Islands promptly submit the ratification instruments for these treaties to the Secretary-General.
3. In 2007, CRC noted the measures undertaken by Marshall Islands to review its legislation with a view to ensuring its conformity with the Convention. However, it was concerned that not all principles and provisions of the Convention were covered by Marshall Islands’ legislation. It recommended that Marshall Islands take effective measures to harmonize its domestic legislation, which includes customary law, with the provisions and principles of the Convention.
6. In 2007, CRC reiterated its recommendation that Marshall Islands establish a national human rights institution, including the nomination of an ombudsperson for children, provided with adequate human and financial resources to promote and strengthen accessibility for children and to enable children to submit complaints.
7. In 2007, CRC recommended that Marshall Islands develop a comprehensive, rightsbased national plan of action, covering all areas of the Convention. In this exercise, it urged Marshall Islands to allocate sufficient human and economic resources for the implementation of the national plan and to use a participatory approach, involving children and non-governmental organizations (NGOs).
9. In 2007, CRC noted that the Constitution of Marshall Islands prohibits discrimination. However, it remained concerned that the principle of non-discrimination was not fully implemented for children living in the outer islands and in disadvantaged urban communities, especially with regard to their access to adequate health and educational facilities.
11. In 2007, while noting that corporal punishment was prohibited in schools and that it was unlawful as a disciplinary measure, CRC was concerned that it remained lawful in the family and that it was not formally prohibited in alternative care settings. It urged Marshall Islands to, inter alia, explicitly prohibit all forms of corporal punishment in the family and in institutional settings and alternative care systems, sensitize and educate parents, guardians and professionals working with and for children about the harmful impact of corporal punishment, promote positive, non-violent forms of discipline as an alternative to corporal punishment, and provide children with child-sensitive mechanisms to lodge complaints in case they were victims of violence, including corporal punishment.
12. CRC was also concerned at the increase in incidents of child abuse and neglect, especially in urban areas, the absence of a legal system adapted to the needs of young victims of these incidents, the lack of data, appropriate measures, mechanisms and resources for the prevention of and fight against domestic violence, including child sexual abuse, and the absence of public debate and awareness-raising on this issue. It recommended that Marshall Islands take the necessary measures to prevent child abuse and neglect, including by, inter alia, adopting a plan of action to combat any form of violence against children, and taking measures to bring perpetrators to justice. It also recommended that Marshall Islands take all necessary measures to implement the overarching and specific recommendations contained in the report of the independent expert of the United Nations Study on violence against children, while taking into account the outcome and recommendations of the Subregional Consultations for the Pacific, held in Fiji from 26 to 28 September 2005.
13. In 2007, CRC regretted that Marshall Islands had not implemented its previous recommendations on the administration of juvenile justice. It urged Marshall Islands to, inter alia, ensure the full implementation of juvenile justice standards and adopt legislation setting a minimum age (at least 12 years) for criminal responsibility, ensure that persons under 18, who are detained as a measure of last resort, are placed in a setting in which the conditions of deprivation of liberty are in full compliance with international standards, take measures to establish a Juvenile Court and ensure that judges and other professionals working with children in conflict with the law are adequately trained.
16. In 2007, CRC recommended that Marshall Islands strengthen the services of the Ministry of Social Welfare at the local level, by increasing the number of trained professionals working with families in order to assist them in addressing and preventing difficulties that they might encounter, and by ensuring that sufficient financial resources are allocated to these services. It also recommended that Marshall Islands provide support to families to prevent the breakdown of family structures.
17. Regarding parental responsibilities, CRC remained concerned at the number of children in urban areas who are left unattended at home, and noted that, owing to recent and rapid urbanization, assistance from extended family support networks is not always available. It also remained concerned that single and teenage parenthood was common in the country. It recommended, inter alia, that Marshall Islands consider developing comprehensive measures to encourage responsible parenthood and assist families in need with their child-rearing responsibilities.
18. In 2007, CRC noted with satisfaction the enactment of the Adoption Act 2002, which regulates intercountry adoptions, and the establishment of the Central Adoption Authority (CAA). However, it remained concerned at the continued practice of “customary adoptions” by family members, as well as the lack of accompanying measures to prevent illegal intercountry adoptions. It recommended that Marshall Islands disseminate information on the Adoption Act 2002, take measures to criminalize illegal adoption, and implement the provisions of the Act.
19. In 2007, while appreciating the fact that the number of NGOs was increasing in the country, and taking note of the recently established Marshall Islands Council of Non- Governmental Organizations, CRC was of the opinion that the roles of civil society and, in particular, NGOs should be further strengthened in the promotion and implementation of the Convention. It was also concerned at the lack of awareness on rights-based approaches to development among many civil society actors.38 It recommended that Marshall Islands encourage the active and systematic involvement of civil society and NGOs in the promotion of children’s rights, and encourage service-based NGOs, as well as those working in the area of development, to adopt a rights-based approach to their work.
21. The 2007 UNDP/UNIFEM report noted that while discussions with ILO were continuing to encourage the introduction of a comprehensive employment code, Marshall Islands had not yet created legislative mechanisms to protect the employment and labour rights of workers. There were no anti-discrimination provisions, no maternity leave provisions, no protection for dismissal because of pregnancy, no sexual harassment protection, and no breaks for mothers to enable them to nurse young children during work hours. Conversely, women’s employment choices were not restricted, leaving women free to lawfully undertake night work, manual work and work in mines.
22. In 2007, CRC recommended that Marshall Islands develop appropriate regulation of working hours, nature of work and working conditions for children who have not reached the age of 18, in the light of relevant international norms and standards, in particular ILO Conventions No. 138 (1973) concerning the Minimum Age for Admission to Employment, and No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.
23. In 2007, while taking note of the Strategic Development Plan Framework (2003– 2018), Vision 2018, and welcoming the reduction in child mortality, CRC was concerned at, inter alia, the lack of basic health services, and the insufficient resources allocated to health, in particular in the outer islands. It recommended that Marshall Islands strengthen its efforts towards improving the health situation of children, including through reviewing existing policies and practices, allocating adequate financial and human resources and ensuring that health care was provided free of charge and without discrimination to all children of families which cannot afford the fees. It also recommended that Marshall Islands pay close attention to adolescent health in particular, and formulate a rights-based plan of action for the protection of all children, and particularly adolescents, from the dangers of drugs and harmful substances, and involve children in its formulation and implementation.
24. CRC further recommended that Marshall Islands, inter alia, strengthen its efforts to combat the spread of HIV/AIDS, including through awareness-raising campaigns targeting vulnerable groups in particular, increase the availability of confidential, voluntary testing, allocate adequate financial and human resources to the prevention of HIV/AIDS and of other sexually transmitted diseases (STDs), and adopt measures to prevent mother-to-child transmission of HIV and other STDs.
25. While noting the considerable level of foreign aid available in Marshall Islands, CRC was concerned at the low standard of living of children and adolescents, in particular in the outer islands. It was also concerned at the poor provision of basic services, especially safe drinking water and electricity, as well as at overcrowding and low-quality housing, particularly in Majuro and Ebeye. In addition, it was concerned at the absence of policies and programmes to address the increasing level of poverty in Marshall Islands and its impact on children and adolescents. It also took account of the numbers of job-seeking adolescents, and was concerned at the difficulties encountered in the transition from school to the labour market, as experienced, in particular, by children who had dropped out before graduating.
26. In this context, CRC recommended that Marshall Islands ensure that a financial support system is provided to families living under restricted economic conditions, including the provision of school lunches and educational allowances. It further recommended that families, particularly, disadvantaged families, receive adequate assistance with regard to child care and education, adequate and affordable housing, and access to drinking water and sanitation, and that youth unemployment is prevented by assisting adolescents who seek an occupation that is in compliance with the rights enshrined in the Convention.
28. In 2007, while acknowledging the efforts undertaken by Marshall Islands in the field of education, in particular the development of an Education Strategy Development Plan with the United Nations Educational, Scientific and Cultural Organization (UNESCO) since 2000, CRC recommended, inter alia, that Marshall Islands increase budgetary allocation to ensure access to free primary and quality education in all regions and to improve the physical infrastructure of educational facilities, strengthen efforts to bridge the gaps in the provision of education throughout the country, including availability of school materials, drinking water, sanitation and transportation, promote female enrolment and ensure the reduction of the dropout rate for both male and female students; provide assistance to children from disadvantaged families, strengthen vocational programmes for children, including those who did not attend regular school, facilitate access to early childhood education by promoting Head Start Programmes throughout the country, ensure access for children to leisure and cultural activities, improve the training and recruitment of teachers, as well as the monitoring and evaluation of their progress towards achieving national education benchmarks, implement new technology, including e-learning, introduce human rights education in the school curricula.
29. Regarding children with disabilities, CRC recommended that Marshall Islands, inter alia, further encourage the inclusion of children with disabilities into the regular educational system and into society, facilitate their access to specialized educational programmes when required, in particular in the outer islands, including programmes outside the school environment, create partnerships between home, school and the community to address the long-term needs of these children.
35. In 2007, CRC recommended that Marshall Islands seek technical assistance, inter alia, from UNICEF with regard to children with disabilities, as well as violence against children and the implementation of the recommendations of the United Nations Study on Violence against Children. It also recommended that assistance be sought from UNICEF and UNFPA with regard to birth registration, UNICEF and WHO with regard to adolescent health, UNAIDS, UNFPA UNICEF and WHO, among others, with regard to HIV/AIDS, and the Interagency Panel on Juvenile Justice (IPJJ), which includes the United Nations Office on Drugs and Crime (UNODC), OHCHR, UNICEF and NGOs, with regard to juvenile justice.
6. Youth to Youth in Health (YTYIH) recommended enforcing and implementing human rights conventions and relevant laws to protect the rights of the child and young persons.
13. Global Initiative to End All Corporal Punishment of Children (GIEACPC) stated that corporal punishment was lawful in the home. The Criminal Procedure Code and Juvenile Procedure Code make no provision for corporal punishment. GIEACPC further noted that corporal punishment was lawful in alternative care settings.
19. JS1 noted inadequate growth rate, micro-nutrient deficiencies, and common childhood illnesses such as diarrhea, fever and acute respiratory infections. According to JS1, a leading case to early childhood illnesses is the lack of immunization and appropriate treatment. In this connection, JS1 noted a 2007 health survey, which found that only about 34% of children from the age of 12-23 months had been vaccinated.
20. YTYIH noted that young people were vulnerable to many diseases and infections, including tuberculosis, diabetes, heart disease, cancers, influenza, gastroenteritis illnesses, malnutrition, skin disease, dental caries, hearing loss and eye problems. Many were not receiving the care they needed.
22. JS1 recommended that the Government enforce laws that require individuals to attend school at least until the age of 18 years to ensure completion of primary and secondary education.
23. MISPA recommended that the Government develop and strengthen special education training programmes for persons with disabilities through local colleges and schools. MISPA also recommended that the Government improve the provision of sign language, especially in schools.
24. GIEACPC further noted that corporal punishment was prohibited in schools by the 1992 Rules and Regulations of the Ministry of Education.33 According to GIEACPC, in the penal system, corporal punishment is unlawful as a sentence for a crime. It is reportedly prohibited as a disciplinary measure in penal institutions under the amended Criminal Code.
26. JS1 stated that women and children would be most vulnerable to climate change when the sources of their livelihood are depleted and their rights are under threat as they have limited adaptive capacities due to prevailing social inequalities and ascribed roles. Also, as primary care-givers, women may see their responsibilities increase as the family’s health is affected by the diseases caused by impacts of climate change.
Accepted and Rejected Recommendations
The following recommendations were accepted:
56.5. Ratify the main international human rights instruments, particularly ICCPR and ICESCR, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention against Torture and the Optional Protocol thereto, the Convention on the Rights of Persons with Disabilities, the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocols to CEDAW and the Convention on the Rights of the Child (Spain).
56.6. Ratify ICCPR and the two Optional Protocols thereto, ICESCR and the Optional Protocol thereto, ICERD, the Optional Protocol to CEDAW, CAT and the two Optional Protocols to CRC, as well as CRPD (Slovakia).
56.12. Nominate an ombudsperson for children (Hungary).
56.17. Develop and strengthen the domestic legislation and policy on the protection of women and children with the aim of reducing incidences of exploitation of women and children and violence against women (United States).
56.18. Develop transparent and effective mechanisms to prevent violence, particularly violence against women and children, and make sure that such mechanisms are supported by sufficient capacity and resources to address the problem (Mexico).
56.19. Facilitate the active involvement of civil society stakeholders, including human rights non- governmental organizations, in the follow-up to this review, especially to address violence against women and children and child abuse (United Kingdom).
56.20. Strengthen the adoption of necessary measures to implement a national programme aimed at eliminating violence against children (Argentina); adopt all necessary measures to prevent violence against children as well as child abuse and neglect (Slovakia); take all necessary legal and practical measures to prevent child abuse and neglect, and adopt a plan of action to combat any form of violence against children (Hungary).
56.21. Provide children with child-sensitive mechanisms for lodging complaints in case they are victims of violence and sexual exploitation (Slovakia).
56.22. Develop legislation to regulate child labour with a view to abolishing it (Morocco); develop appropriate labour legislation in relation to children, in line with the State's obligations under CRC, ensuring the inclusion of ILO Conventions No. 138, on the Minimum Age for Admission to Employment, and No. 182, on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (United Kingdom).
56.33. Take effective measures to improve the access of children to education (Morocco).
56.34. Seek to improve health outcomes for children, including by improving immunization rates and ensuring that development assistance funding reaches children in the outer islands (New Zealand).
No recomendations were rejected:
The following recommendations were pending:
56.11. Establish a national human rights institution, including the nomination of an ombudsperson for children, provided with adequate human and financial resources to promote and strengthen accessibility for children and to enable children to submit complaints (Germany).