A/HRC/16/12
8.
The Marshall Islands noted that, with a population of more than 60,000 people, its
territory consisted of low-lying coral atolls (29) and islands (5) in the central Pacific, with a
total land area of approximately 181 square kilometres, scattered over an exclusive
economic zone of 2 million square kilometres of ocean.
9.
After the Second World War, the Marshall Islands had been administered by the
United States of America under a United Nations-mandated Pacific Islands Trust Territory.
It was during this Trust Territory period, from 1946 to 1958, that 67 atmospheric, land and
underwater atomic and thermonuclear weapons had been detonated in the Marshall Islands,
namely, the atolls of Bikini and Enewetak, for the 12 years of the United States Nuclear
Testing Programme. One of those tests, known as the Bravo shot, had irradiated the people
of Rongelap and Utrik. Outstanding issues related to the legacy of the Nuclear Testing
Programme had yet to be resolved.
10.
The Marshall Islands had adopted its Constitution in 1979 and had entered a
Compact of Free Association with the United States in 1986. An amended version of the
Compact had been signed in 2003.
11.
Compact financial assistance was the mainstay of the Marshall Islands’ economy.
Agricultural production was primarily subsistence and was concentrated on small farms.
The most important commercial crops were coconuts and breadfruit. Small-scale industry
was limited to handicrafts, tuna processing and copra. The tourist industry was a small
source of foreign exchange, employing less than 10 per cent of the labour force, although
there was potential for growth. The Marshall Islands had few natural resources, and imports
far exceeded exports. The official languages were Marshallese and English.
12.
The Marshall Islands noted that its Government operated under a mixed
parliamentary-presidential system. The Marshall Islands had a bicameral Parliament,
comprising the Council of Iroij (upper house) and the Nitijela (lower house). The President,
who was the Head of State and Government, and the Cabinet were elected by the Nitijela.
Legislative authority rested with the Nitijela, which comprised 33 elected Senators. The
Council of Iroij, which comprised 12 chiefs, had an advisory role, particularly in the review
of legislation affecting customary law and practices, including with regard to land tenure.
13.
It was against that backdrop and the vulnerability of the Marshall Islands to external
shocks such as the global financial crisis, as well as many other challenges, that the human
rights of the Marshallese people needed to be considered. Although there were generally no
clear violations of human rights on the part of the Government, issues had arisen whereby
the Marshall Islands had difficulty in fulfilling its human rights obligations towards its
people.
14.
The Bill of Rights contained in article II of the Constitution guaranteed basic rights
such as freedom from discrimination, freedom of religion, freedom of speech and
association, freedom from slavery and servitude, the right to personal autonomy and
privacy, the right to health, education and legal services, and the right to an ethical
Government. The Constitution further provided that the Attorney General was to act in the
name of any person directly affected by any alleged violation of the Constitution.
Moreover, the Nitijela had adopted legislation supporting the Bill of Rights and
criminalizing any violations thereof. The Marshall Islands had acceded to only two core
human rights conventions thus far, and, although no specific implementing legislation had
been adopted, a number of obligations were covered under the above-mentioned legislation.
15.
In promoting and protecting human rights, the Constitution, as the supreme law of
the land, guaranteed the separation of the three branches of the Government and the
independence of the judicial branch. Rights related to arrest, detention and fair trial were
also provided under the Constitution. Freedom of speech and of the press was also
expressly guaranteed under the Constitution. Furthermore, the Constitution expressly
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