📋 Tender Overview
1. Overview of the human rights and democracy situation: Regular democratic elections, combined with an independent judiciary and media ensure that basic human rights are respected in the Federated States of Micronesia (FSM). FSM will return to the polls on 7 March 2023 to elect all 14 members of the unicameral national Congress, as well as for referenda on nine proposed constitutional amendments — including establishing an Office of the Independent Prosecutor for corruption, and enshrining a Constitutional right to a healthy environment. FSM’s judiciaries are independent, and civil liberties are generally respected.
The legislative framework assures women equal rights in FSM, including with regard to property ownership and employment. FSM’s National Constitution, as well as the four State constitutions, all prohibit sexual discrimination. Despite of this, socio-economic discrimination and violence against women continue to be the most prevalent human rights problems facing the country, with no national legislation criminalising spousal rape. Domestic violence offenders usually receive light sentences in the rare instances of prosecution. Cultural factors in the male-dominated society limit women’s representation in government and politics.
FSM remains a source country for human trafficking, including forced labour and sex trafficking. Climate change continues to present significant human rights issues in FSM, particularly for women. As a country with many low-lying atolls, FSM is particularly vulnerable to the effects of climate change, notably sea-level rise, changing weather patterns and increased frequency and intensity of storms and disasters.
An independent National Human Rights Institution in line with the Paris Principles has not yet been established, although a scoping study was completed in 2019.
2. EU action - key focus areas: Human rights concerns in FSM regarding domestic violence, sex discrimination and human trafficking (as well as exploitation of migrant workers) continue to demand attention. EU actions focus inter alia on supporting the ratification of or accession to the remaining core human rights instruments, promoting gender equality and women rights, and supporting the engagement of civil society organisations (CSOs) in FSM society. Upholding and promoting citizens’ protections and rights in these areas is in line with the EU’s objective of protecting and empowering individuals as well as of building inclusive and democratic societies.
3. EU bilateral political engagement: Through policy dialogues and a number of different financial instruments, the EU continues to promote human rights, gender equality and the increased participation of women in decision making. In 2022, the EU Delegation for the Pacific carried out demarches and outreach activities inviting the Pacific island countries, including FSM, to support EU human rights initiatives and priorities at the UN level.
4. EU financial engagement: The EU remains committed to supporting and raising awareness of civil society and non-state actors in FSM as an essential element of the implementation of the regional roadmap for CSOs in the Pacific. The EU works closely with government and civil society actors, as well as other regional organisations and donor partners to this end. Through the 11th European Development Fund, a EUR 1 million grant contract was signed with the Micronesia Conservation Trust to support increasing the participation of women and CSOs in the energy sector.FSM ratified the Convention on the Rights of Persons with Disabilities and completed consultations and reporting for the Convention on the Rights of the Child with support received through EU-funded projects. FSM is currently working on its new Disability Policy after the previous policy expired in 2018. FSM benefits from the EU-funded regional Spotlight Initiative promoting gender equality and the fight against gender-based violence.
5. Multilateral context: The Federated States of Micronesia underwent their third Universal Periodic Review in January 2021. FSM received 154 recommendations, of which it supported 141 and noted 13, mostly relating to ratification of international instruments and LGBTI rights. Recommendations pointed to challenges such as human trafficking, addressing gender discrimination, gender-based violence and women’s rights, establishing a National Human Rights Institution, as well as the rights of children, including their access to health and education.
FSM has condemned in international fora Russia’s war in Ukraine, having supported all five Ukraine-related resolutions in the UN General Assembly, and been a co-sponsor in all resolutions but one at the UN General Assembly, Human Rights Council and Security Council. FSM is not party to the Rome Statute of the International Criminal Court.
