Data Dashboards

Micronesia, Federated States of
Measurement
Measuring the Change

using prevalence data providing the widest temporal coverage of the most complete and comparable measures available by ICLS standards.

Due to lack of nationally representative data, there is no change to report.

%
Best Target 8.7 Data: Child Labour Rate

No data available

Data Availability
  • Child labour: No ILO/UNICEF data
  • Forced labour: No nationally representative data
  • Human trafficking: No nationally representative data
Context
Human Development

Human Development Index Score: 0.614 (2018)

Mean School Years: 7.7 years (2018)

Labour Indicators

Vulnerable Employment: No data available

Working Poverty Rate: No data available

Government Efforts
Key Ratifications
  • ILO Protocol of 2014 to the Forced Labour Convention, P029: Not Ratified
  • ILO Worst Forms of Child Labour Convention, C182: Not Ratified
  • UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol): Accession 2011
National Strategies
Social Protection Coverage

General (at least one): No data

Unemployed: No data

Pension: No data

Vulnerable: No data

Children: No data

Disabled: No data

Poor: No data

Measurement of child labour prevalence has evolved considerably over the past two decades. Estimates of child labour incidence are more robust and exist for more countries than any other form of exploitation falling under SDG Target 8.7.

No nationally representative data is available on child labour prevalence in Micronesia.

Visit the How to Measure the Change page for information on ILO-SIMPOC methods and guidelines for defining, measuring and collecting data on child labour.

Measuring the incidence of forced labour is a much more recent endeavour and presents unique methodological challenges compared to the measurement of child labour.

No nationally representative data is available on forced labour prevalence in Micronesia.

Visit the How to Measure the Change page for information on new guidelines presented by the International Labour Organization and adopted by the International Conference of Labour Statisticians.

The challenges in estimating human trafficking are similar to those of estimating forced labour, though recent innovations in estimation have begun to produce prevalence estimates in developed countries.

No nationally representative data is available on human trafficking prevalence in Micronesia.

Visit the How to Measure the Change page to learn about measuring human trafficking prevalence, including information on collecting data through national referral mechanisms and producing prevalence statistics using Multiple Systems Estimation (MSE).

Case Data: International and Non-Governmental Organizations

Civil society organizations (CSOs) focused on human trafficking victim assistance can serve as crucial sources of data given their ability to reach a population that is notoriously difficult to sample.

Counter Trafficking Data Collaborative (CTDC): The International Organization for Migration (IOM), Polaris and Liberty Asia have launched a global data repository on human trafficking, with data contributed by counter-trafficking partner organizations around the world. Not only does the CTDC serve as a central repository for this critical information, it also publishes normed and harmonized data from various organizations using a unified schema. This global dataset facilitates an unparalleled level of cross-border, trans-agency analysis and provides the counter-trafficking movement with a deeper understanding of this complex issue. Equipped with this information, decision makers will be empowered to create more targeted and effective intervention strategies.

Prosecution Data

UNODC compiles a global dataset on detected and prosecuted traffickers, which serves as the basis in their Global Report for country profiles. This information is beginning to paint a picture of trends over time, and case-specific information can assist investigators and prosecutors.

Key aspects of human development, such as poverty and lack of education, are found to be associated with risk of exploitation. Policies that address these issues may indirectly contribute to getting us closer to achieving Target 8.7.

Human Development Index (Source: UNDP)

The Human Development Index (HDI) is a summary measure of achievements in three key dimensions of human development: (1) a long and healthy life; (2) access to knowledge; and (3) a decent standard of living. Human development can factor into issues of severe labour exploitation in multiple ways.

The chart displays information on human development in Micronesia, Federated States of between 2000 and 2018. Only certain sample years have data disaggregated by sex. 

The most recent year of the HDI, 2018, shows that the average human development score in Micronesia, Federated States of is 0.614. This score indicates that human development is medium. 

 

HDI Education Index (Source: UNDP)

Lack of education and illiteracy are key factors that make both children and adults more vulnerable to exploitive labour conditions.

As the seminal ILO report Profits and Poverty explains:

“Adults with low education levels and children whose parents are not educated are at higher risk of forced labour. Low education levels and illiteracy reduce employment options for workers and often force them to accept work under poor conditions. Furthermore, individuals who can read contracts may be in a better position to recognize situations that could lead to exploitation and coercion.”

The bars on the chart represent the Education Index score and the line traces the mean years of education in Micronesia, Federated States of over time.

 

Decent work, a major component of SDG 8 overall, has clear implications on the forms of exploitation within Target 8.7. Identifying shortcomings in the availability of equitable, safe and stable employment can be a step in the right direction towards achieving Target 8.7.

Research to date suggests that a major factor in vulnerability to labour exploitation is broader social vulnerability, marginalization or exclusion.

Groups Highly Vulnerable to Exploitation (Source: UNHCR)

Creating effective policy to prevent and protect individuals from forced labour, modern slavery, human trafficking and child labour means making sure that all parts of the population are covered, particularly the most vulnerable groups, including migrants.

According to the 2016 Global Estimates of Modern Slavery: “Almost one of every four victims of forced labour were exploited outside their country of residence, which points to the high degree of risk associated with migration in the modern world, particularly for migrant women and children. “

As IOM explains: “Although most migration is voluntary and has a largely positive impact on individuals and societies, migration, particularly irregular migration, can increase vulnerability to human trafficking and exploitation.” UNODC similarly notes that: “The vulnerability to being trafficked is greater among refugees and migrants in large movements, as recognized by Member States in the New York declaration for refugees and migrants of September 2016.”

The chart displays UNHCR’s estimates of persons of concern in Micronesia.

Achieving SDG Target 8.7 will require national governments to take direct action against the forms of exploitation through policy implementation.

Official Definitions
Forced Labour

Constitution of the Federated States of Micronesia, 1978

“ARTICLE IV
Declaration of Rights
Cross reference: The statutory provisions on Bill of Rights are found in chapter 1 of title 1 of this code.”

“Section 10. Slavery and involuntary servitude are prohibited except to punish crime.
Case annotation: Slavery and involuntary servitude are prohibited except to punish crime. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 384 (App. 2003).
While the Constitution’s prohibition of slavery and involuntary servitude may have had its source in the Trust Territory Bill of Rights and the U.S. Constitution, it has particular meaning within the FSM’s historical context of forced labor by former foreign administering authorities. Some still-living citizens of this nation have experienced firsthand the evils of slavery and involuntary servitude, and the constitutional provision was meant to ban those types of atrocities forever. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 384 (App. 2003).
Since the words “”involuntary servitude”” are subject to various definitions, the constitutional provision is not clear and does not permit only one possible result. A court may consult the constitutional convention journal to ascertain the framers’ intent in drafting this language. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 385 (App. 2003).
The determination of what constitutes ‘involuntary servitude’ or what is regarded as “”badges of slavery”” is to be made in the context of well established Micronesian customs. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 385 (App. 2003).
Absent a violation of a criminal statute, the court cannot compel a person to labor for the liquidation of a debt to another with the threat of punishment for failure to perform. Involuntary servitude thus has been held to encompass peonage, where a person is bound to the service of a particular employer until an obligation to that person is satisfied. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 385 (App. 2003).
When a person claiming involuntary servitude is simply expected to seek and accept employment, if available, and is free to choose the type of employment and employer, and is also free to resign that employment if conditions are unsatisfactory or to accept other employment, none of the aspects of “”involuntary servitude”” are present. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 385 (App. 2003).
While the trial court does not violate the Constitution’s involuntary servitude provision when it orders a judgment-debtor to seek immediate employment, when the judgment-debtor has presented evidence that he is unable to work, the trial court must make specific findings with regard to his fitness for work before it orders him to seek immediate employment. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 386 (App. 2003).”

Consolidated Code 2014, Title II Crimes

Ҥ 612. Definitions.
(4) “Forced labor or services” means work or services, the solicitation of financial or material benefits, or the donation of body parts or organs, exacted under the threat of any penalty and for which the person concerned has not offered himself or herself voluntarily. It does not include the performance of reasonable and lawful work or services by a child at the behest of a parent or legal guardian.”

Human Trafficking

Trafficking in Persons Act, Public Law 17-38, 2012

“AN ACT

To further amend title 11 of the Code of the Federated States of Micronesia, as amended by Public Law No. 11-72, by creating a subchapter I under chapter 6 consisting of existing sections 601 through 610, creating a new subchapter II under chapter 6 defining crimes relating to trafficking in persons and related offenses, and prescribing appropriate penalties for their violation, and for other purposes.”

Consolidated Code 2014, Title 11 Crimes

Ҥ 612. Definitions.
(1) “Child” means any person below the age of 18 at the time of the commission of an offense under this chapter.
(3) “Exploitation” means:

(a) the obtaining of financial or other material benefit from the prostitution of another person;
(b) the exaction of forced labor or services, or the obtaining of labor or services through deceit, fraud, or by means of a material misrepresentation;
(c) slavery or practices similar to slavery.”

Slavery

Constitution of the Federated States of Micronesia,

“ARTICLE IV
Declaration of Rights
Cross reference: The statutory provisions on Bill of Rights are found in chapter 1 of title 1 of this code.”

“Section 10. Slavery and involuntary servitude are prohibited except to punish crime.
Case annotation: Slavery and involuntary servitude are prohibited except to punish crime. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 384 (App. 2003).
While the Constitution’s prohibition of slavery and involuntary servitude may have had its source in the Trust Territory Bill of Rights and the U.S. Constitution, it has particular meaning within the FSM’s historical context of forced labor by former foreign administering authorities. Some still-living citizens of this nation have experienced firsthand the evils of slavery and involuntary servitude, and the constitutional provision was meant to ban those types of atrocities forever. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 384 (App. 2003).
Since the words “”involuntary servitude”” are subject to various definitions, the constitutional provision is not clear and does not permit only one possible result. A court may consult the constitutional convention journal to ascertain the framers’ intent in drafting this language. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 385 (App. 2003).
The determination of what constitutes ‘involuntary servitude’ or what is regarded as “”badges of slavery”” is to be made in the context of well established Micronesian customs. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 385 (App. 2003).
Absent a violation of a criminal statute, the court cannot compel a person to labor for the liquidation of a debt to another with the threat of punishment for failure to perform. Involuntary servitude thus has been held to encompass peonage, where a person is bound to the service of a particular employer until an obligation to that person is satisfied. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 385 (App. 2003).
When a person claiming involuntary servitude is simply expected to seek and accept employment, if available, and is free to choose the type of employment and employer, and is also free to resign that employment if conditions are unsatisfactory or to accept other employment, none of the aspects of “”involuntary servitude”” are present. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 385 (App. 2003).
While the trial court does not violate the Constitution’s involuntary servitude provision when it orders a judgment-debtor to seek immediate employment, when the judgment-debtor has presented evidence that he is unable to work, the trial court must make specific findings with regard to his fitness for work before it orders him to seek immediate employment. Rodriguez v. Bank of the FSM, 11 FSM Intrm. 367, 386 (App. 2003).”

Annotated Code, 2014 Title 1

§ 102. Slavery and involuntary servitude.
Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist in the Trust Territory.

Consolidated Code 2014, Title 11 Crimes

Ҥ 612. Definitions.
(5) “Practices similar to slavery” include debt bondage, serfdom, and forced marriage.”

 

International Commitments
International Ratifications

ILO Forced Labour Convention, C029, – Not member of ILO

ILO Abolition of Forced Labour Convention, C105, – Not member of ILO

ILO Minimum Age Convention, C138, – Not member of ILO

ILO Worst Forms of Child Labour Convention, C182, -Not member of ILO

Slavery Convention 1926 and amended by the Protocol of 1953, Not signed

UN Supplementary Convention on the Abolition of Slavery, Not signed

UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), Accession 2011

UN Convention on the Rights of the Child, Accession 1993

UN Optional Protocol to the Convention on the Rights of the Child: Involvement of Children in Armed Conflict, Ratification 2015

UN Optional Protocol to the Convention on the Rights of the Child: Sale of Children, Child Prostitution and Child Pornography, Ratification 2012

National Action Plans, National Strategies

National Action Plan

“Additional information provided by the Federated States of Micronesia in connection with the consideration of its initial to third periodic reports under Article 18 of the Convention on the Elimination of All Forms of Discrimination Against Women
B. On National Action Plan on anti-human trafficking
(12) With respect to the National Action Plan (NAP) on combatting human trafficking, this plan is in a draft form, therefore, it cannot be shared with the committee until it is finalized and approved. Nonetheless, some of the key elements of this are explained below.
(13) The NAP defines human trafficking as the trade of an individual for sexual, labor and/or commercial exploitation, against their will, for the economic benefit of the trafficker or exploiter, which has reached our shores. In fact, according to the United States of America’s three tier system that it established based on the Trafficking Victims Protection Act (TVPA) whereby each government is ranked according to the action and efforts maintained to combat human trafficking, FSM is in the inclusion of governments that do not fully comply with the minimum standards of the TVPA but are making significant efforts to do so placing FSM on Tier 2.
(14) The NAP is structured to address the four pillars of human trafficking:

a. Prevention: by dismantling human trafficking networks, building awareness and creating deterrence;
b. Protection: through rescue, services, and victim-centered criminal justice response;
c. Prosecution: of perpetrators and continue monitoring offenders; and
d. Partnership: between government departments/offices (customs, immigration, labor, police, and others), state governments, non-governmental organizations, faith-based organizations, women’s groups, health professionals/services, legal services, traditional leadership, and others.

(15) The last portion of the NAP outlines an action matrix where objectives are proposed under each of the four pillars of human trafficking with corresponding actions required to progress towards the respective objectives and the identification of lead agency or agencies responsible for these actions with specific indicators guiding the monitoring of these achievements.”

Governments can take action to assist victims and to prevent and end the  perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in wider societal efforts to reduce prevalence and move towards eradication of these forms of exploitation.

 

Programs and Agencies for Victim Support

Policies for Assistance
Policies for Assistance, General

Annotated Code 2014 Title 12: Criminal Procedure

Ҥ 1516. Execution of sentences imposing an obligation to make restitution or reparations.
If in a sentence issued in a penal proceeding of a transferring country an offender transferred to the Federated States of Micronesia has been ordered to pay a sum of money to the victim of the offense for damage caused by the offense, that penalty or award of damages may be enforced as though it were a civil judgment rendered by a Federated States of Micronesia court. Proceedings to collect the moneys ordered to be paid may be instituted by the Attorney General in the appropriate Federated States of Micronesia court. Moneys recovered pursuant to such proceedings shall be transmitted through diplomatic channels to the treaty authority of the transferring country for distribution to the victim.”

Policies for Assistance, Human Trafficking

Consolidated Code 2014, Title 11 Crimes

Ҥ 620. Rights of victims.
(1) A trafficked person shall not be subject to criminal prosecution with respect to:

(a) the act of human trafficking;
(b) that person’s entry into the receiving country;
(c) that person’s unlawful residence in the receiving country; and
(d) that person’s procurement or possession of any fraudulent travel or identity document.

(2) The Secretary of the Department of Justice shall establish national guidelines and procedures for providing assistance to victims of trafficked persons and witnesses of trafficking in persons, including but not limited to:

(a) ensuring that victims, witnesses, and their families are provided adequate protection if their safety is at risk, including measures to protect them from intimidation and retaliation by traffickers and their associates;
(b) providing victims with the opportunity to present their views, needs, interests and concerns for consideration at appropriate stages of any judicial or administrative proceedings relating to the offense, either directly or through their representative, without prejudice to the rights of the defense;
(c) where the victim is an unaccompanied child, providing for the appointment of a legal guardian to represent the interests of the child, taking all necessary steps to establish his or her identity and nationality, and making every effort to locate his or her family when this is in the best interest of the child;
(d) where the victim is a national of the Federated States of Micronesia, facilitating and accepting the return of the victim without undue or unreasonable delay and with due regard for his or her rights and safety;
(e) where the victim is not a national of the Federated States of Micronesia and requests to return to his or her country of origin or the country in which he or she had the right of permanent residence at the time he or she was trafficked, facilitating such return, including arranging for the necessary travel documents, without undue delay and with due regard for his or her rights and safety;
(f) providing information to all victims on the nature of protection, assistance and support to which they are entitled and the possibilities of assistance and support by nongovernmental organizations and other victim agencies, as well as information on any legal proceedings related to them. Such information shall be provided in a language and form that the victim understands.”

Penalties
Penalties, Human Trafficking

Consolidated Code 2014, Title 11 Crimes

Ҥ 615. Offense of human trafficking.
A person who knowingly recruits, transports, transfers, harbors or receives another person for the purpose of exploitation, by threat, use of force, abduction, fraud, deception, abuse of power or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person shall be guilty of human trafficking. Upon conviction, a person guilty of this offense shall be imprisoned for not more than 15 years, or fined not less than $5,000 but not more than $25,000, or both.

§ 616. Offense of trafficking in children.
A person who knowingly recruits, transports, transfers, harbors, or receives a child by any means for the purpose of exploitation shall be guilty of child trafficking. Upon conviction, a person guilty of this offense shall be imprisoned for not more than 30 years, or fined not less than $5,000 but not more than $50,000, or both.

§ 617. Offense of aggravated human trafficking.
A person who engages in human trafficking as defined under section 615 of this chapter or trafficking in children as defined in section 616 of this chapter shall be guilty of aggravated human trafficking if any of the following circumstances are present:

(1) the offense involves serious injury or death of the victim or another person;
(2) the offense involves a victim who is particularly vulnerable, including a pregnant woman;
(3) the offense exposed the victim to a life threatening illness, including HIV/AIDS;
(4) the victim is physically or mentally handicapped;
(5) the offense involves more than one victim;
(6) the crime was committed as part of the activity of an organized criminal group;
(7) drugs, medications or weapons were used in the commission of the crime;
(8) a child was adopted for the purpose of trafficking;
(9) the offender has been previously convicted for the same or similar offenses;
(10) the offender is a public official;
(11) the offender is a spouse or the conjugal partner of the victim;
(12) the offender is in a position of responsibility or trust in relation to the victim;
(13) the offender is in a position of authority concerning a child victim.
Upon conviction, a person guilty of this offense shall be imprisoned for not more than 30 years, or fined not less than $5,000 but not more than $50,000, or both.”

Ҥ 618. Offense of exploiting a trafficked person.
A person who knowingly engages or participates in or profits from the exploitation of a trafficked person shall be guilty of an offense. Upon conviction, a person guilty of this offense shall be imprisoned for not more than ten years, or fined not less than $5,000 but not more than $20,000, or both.”

Data Commitments

A Call to Action to End Forced Labour, Modern Slavery and Human Trafficking, Not signed

1.ii. Take steps to measure, monitor and share data on prevalence and response to all such forms of exploitation, as appropriate to national circumstances;

Programs and Agencies for Enforcement

Measures to address the drivers of vulnerability to exploitation can be key to effective prevention. A broad range of social protections are thought to reduce the likelihood that an individual will be at risk of exploitation, especially when coverage of those protections extends to the most vulnerable groups.

Delta 8.7 has received no Official Response to this dashboard from the Federated States of Micronesia. If you are a representative of the Federated States of Micronesia and wish to submit an Official Response, please contact us here.