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Republic of the Marshall Islands - Universal Periodic Review

UPR 36, November 9, 2020
Recommendations by Canada

Recommendations

Thank you, Madam President.

Canada thanks the Republic of the Marshall Islands for its presentation and commends the Marshall Islands for implementing the Gender Equality Act in 2019 to promote gender equality and non-discrimination through the full and equal enjoyment of all human rights and fundamental freedoms by all.

Canada recommends that Marshall Islands:

1. Strengthen support services for survivors of gender-based violence by establishing and ensuring access to shelters and strengthening the availability of mental health services.
2. Enshrine in domestic law prohibitions on discrimination on the grounds of gender identity, gender expression, or sexual orientation.
3. Strengthen public institutions to combat trafficking in persons, through dedicated resources and training of law enforcement to investigate, prosecute, and convict traffickers.

Canada urges the Marshall Islands to accede to the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime.

Background

The Republic of the Marshall Islands (RMI) is a multiparty democracy with human rights protections outlined in their Bill of Rights. RMI is party to seven of the nine principal human rights covenants. The country was also elected to the Human Rights Council for a three-year term that began in January 2020.

RMI has taken concrete steps to address gender-based violence (GBV) and inequities since its last review. In 2019, the Nitijela (legislature) passed the Gender Equality Act to recognize, protect, promote and enforce full and equal enjoyment of human rights and fundamental freedoms by all women and girls. Furthermore, the National Gender Mainstreaming Policy prioritizes the elimination of GBV as well as protection and care of survivors amongst other priorities.

GBV remains an important issue in RMI as 51% of Marshallese women have experienced physical and/or sexual intimate partner violence during their lifetime. NGOs work to fill gaps in services for survivors of GBV, with the country’s first support centre established in 2016 to provide information and psychosocial support.

LGBTI individuals in RMI face challenges and discrimination. Although consensual same-sex sexual activities were decriminalized in 2005, LGBTI people are not protected from discrimination in education, health care, employment, and property ownership. There are no legal procedures to allow recognition of identified gender in official documents.

RMI’s Prohibition of Trafficking in Persons Act of 2017 increased penalties for trafficking but obstacles remain to combat trafficking, including law enforcement capacity and training. The government has taken some measures to prevent the exploitation of vulnerable persons but since the expiration of the previous national plan in 2017, there has been no other mechanism put in place to ensure the continuity of efforts towards the elimination of trafficking.