Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Sexual assault of women or men, including rape, is a crime. There is no specific law against spousal rape. Sexual assault involving a dangerous weapon or serious physical or psychological harm to the victim is punishable by a maximum nine years’ imprisonment in Chuuk and 10 years’ imprisonment in the other three states, and a fine. If neither a dangerous weapon nor serious physical harm is involved, the assault is punishable in all states by a maximum five years’ imprisonment and a fine. Due in part to social stigma, family pressure, fear of further assault, or the belief that police would not involve themselves in what is often seen as a private family matter, such crimes were underreported, and authorities prosecuted few cases. According to police and women’s groups, there were several reports of physical and sexual assaults against women, both citizens and foreigners, outside the family context.
Reports of domestic violence, often severe, continued during the year. Although assault is a crime, effective prosecution of offenses was rare. Pohnpei State police stated they would not arrest anyone in a domestic violence scenario if the parents of both individuals involved in the altercation were present. The traditional extended family unit deemed violence, abuse, and neglect directed against spouses or children as offenses against the entire family, not just the individual victims, and addressed them by a complex system of culturally defined familial sanctions. Traditional methods of coping with family discord were breaking down with increasing urbanization, monetization of the economy, and greater emphasis on the nuclear family in which victims were isolated from traditional family support. No institution, including police, has succeeded in replacing the extended family system or in addressing directly the problem of family violence.
The national government operates a shelter available to all victims of sexual, domestic, and human trafficking crimes in Chuuk. The Pohnpei Department of Public Safety’s program against domestic violence included a hotline to handle domestic violence cases. The national government hotline to handle possible cases of human trafficking also reported receiving domestic and sexual assault calls.
Sexual Harassment: The law does not prohibit sexual harassment, and anecdotal reports suggested it occurred.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children. All individuals have the right to manage their reproductive health, and they had access to the information and means to do so, free from discrimination, coercion, or violence. Access to contraception, prenatal care, skilled attendance at delivery, and postpartum care were widely available at public medical facilities and private clinics.
The government provided support to survivors of sexual violence in the form of counseling and legal and medical assistance, including in partnership with nongovernmental organizations.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Women have equal rights under the law, including the right to own property, and there were no institutional barriers to education or employment for women. The government enforced the law effectively. The largest employers were the national and state governments, and they paid female employees equal pay for equal work although this is not mandated by law. Societal discrimination against women continued, however, and cultural mores encouraged discriminatory treatment for women. Examples of discrimination against women included many instances of women being pressured to stop their higher educational pursuits once they become pregnant. Women were also discouraged from returning to school once the child was born.
Birth Registration: A child acquires citizenship if at least one parent is a citizen. Individual states maintain birth records. Kosrae State requires registration within two weeks after a birth. In the other three states, registration takes place for hospital births, but on remote outer islands there are no hospitals, and authorities do not register children until and unless they come to a main island for education.
Education: By law education is free and compulsory for children from ages six through 14, or upon completion of eighth grade; however, many students left school before that.
Child Abuse: Child abuse is illegal, although the constitution provides for a right of parental discipline. Cultural attitudes regarding parental discipline limited reporting of abuse, and there were anecdotal reports of child abuse and neglect. The government made no efforts to combat child abuse or neglect. There are no shelters for child victims of domestic abuse. Traditional mediation usually involved agreement among male elders and provided no support for child victims.
Child, Early, and Forced Marriage: The minimum legal age for marriage is 18 for both boys and girls.
Sexual Exploitation of Children: The law sets a maximum penalty of 30 years’ imprisonment and a substantial fine for child trafficking. The states’ statutory rape laws apply to children age 13 or younger in Yap and Kosrae, 15 or younger in Pohnpei, and 17 or younger in Chuuk. Maximum penalties vary by state. In Chuuk and Pohnpei, it is five years’ imprisonment and a fine, while in Kosrae and Yap it is 10 years’ imprisonment and a fine. Only Pohnpei has a statute prohibiting child pornography. Both Chuuk and Pohnpei have provisions against filming explicit movies of underage children, but Yap and Kosrae have no such provisions. Both Chuuk and Pohnpei impose a penalty of six months’ imprisonment for violations.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at .
There is a very small Jewish community, and there were no reports of anti-Semitic acts.
Trafficking in Persons
The law prohibits discrimination against persons with physical disabilities in public service employment; no cases of such discrimination were reported. The National Disability Policy mandates accessibility to public buildings or services for persons with disabilities and provides for access to information and communications for persons with disabilities. The law protects access to health services and education for persons with disabilities.
By law students with disabilities have the right to separate education and training until they are age 21; however, there are no separate education facilities. The government provided children with disabilities, including learning disabilities, separate education in mainstream schools and instruction at home if necessary and if foreign funding was available. Separate education programs faced difficulties serving all eligible children.
Due to a lack of facilities and community-based support services for treating persons with mental disabilities, the government housed some persons with mental disabilities but no criminal background in jails. Authorities continued to provide separate rooms in jails for persons with mental disabilities, and state health departments provided medication and other treatment free to all incarcerated persons with mental disabilities.
The Department of Health and Social Affairs is responsible for protecting the rights of persons with disabilities but did not provide significant services.
Each of the country’s four states has a different language and culture. Traditionally Yap State had a caste-like social system with high-status villages, each of which had an affiliated low-status village. In the past those who came from low-status villages worked without pay for those with higher status in exchange for care and protection by those of higher status. The traditional hierarchical social system has gradually broken down, and capable persons from low-status villages may rise to senior positions in society. Nonetheless, the traditional system affected contemporary life. Authorities sometimes continued to underserve low-status communities.
The national and state constitutions prohibit noncitizens from owning land, and foreign investment laws limit the types of businesses they can own and operate.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
The law does not criminalize consensual same-sex sexual conduct between adults; nor does it prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There were no reports of violence or discrimination against LGBTI persons. The culture stigmatized public acknowledgement or discussion of certain sexual matters, including sexual orientation and gender identity. Persons rarely publicly identified as LGBTI.