Freedom in the World 2018 - Marshall Islands

Freedom Status: Free

Aggregate Score: 92 (0 = Least Free, 100 = Most Free)
Freedom Rating: 1.0 (1 = Most Free, 7 = Least Free)
Political Rights: 1 (1 = Most Free, 7 = Least Free)
Civil Liberties: 1 (1 = Most Free, 7 = Least Free)

Quick Facts

Population: 60,000
Capital: Majuro
GDP/capita: $3,391
Press Freedom Status: Free

OVERVIEW

The Republic of the Marshall Islands is a stable democracy with regular, competitive elections, an independent judiciary, and a free press. Civil liberties are generally respected. Persistent problems include corruption, gender discrimination, and domestic violence.

Key Developments in 2017:

• In June, the Finance Ministry completed its annual audit of government finances on time for first time since 2011.

• Mattlan Zackhras, minister in assistance to the president and a parliament member since 2004, died of heart failure at age 47 in August. David Paul was named to replace him in the cabinet in October.

POLITICAL RIGHTS: 37 / 40

A. ELECTORAL PROCESS: 12 / 12

The president, who is elected by the unicameral legislature from among its members for four-year terms, nominates fellow lawmakers to serve as cabinet ministers, and they are formally appointed by the parliament speaker.

In January 2016, following legislative elections in November 2015, Casten Nemra was elected president by a narrow margin with support from the governing Aelon Kein Ad (AKA) party. However, he lost a confidence vote only two weeks later after shifts in party affiliation gave the opposition Kien Eo Am (KEA) party a majority. Hilda Heine was chosen to replace Nemra.

Mattlan Zackhras, the minister in assistance to the president, died suddenly of heart failure in August 2017. David Paul was named to replace him in October.

The parliament, known as the Nitijela, consists of 33 members, with 19 directly elected in single-member districts and five in multimember districts with between two and five seats. Elections are officially nonpartisan, and lawmakers are free to form alliances and change party affiliations after taking office.

The 2015 elections featured significant turnover, with 14 of the 33 seats changing hands. The results were a blow to the government of incumbent president Chris Loeak, who saw about half of his cabinet members voted out of office. There were no reports of violence or complaints of fraud or irregularities. Voter turnout was lower than usual at 46 percent, though some observers suggested that the list of registered voters was inflated with deceased citizens, making the turnout figure artificially low.

The constitutional and legal framework provides for democratic elections, and it is implemented impartially.

B. POLITICAL PLURALISM AND PARTICIPATION: 15 / 16

Although political parties compete freely, they tend to function as loose coalitions among lawmakers, and party switching is common. Parliamentary candidates formally run without party affiliations.

The country has an established record of democratic transfers of power between rival party groups. Some governments have been replaced as a result of elections, while others have been toppled by no-confidence votes like that which brought Heine to power in 2016.

There are no significant undue constraints on the political choices of voters or candidates. Traditional chiefs play an influential but gradually waning role in politics.

Naturalized citizens were allowed to run as candidates in the 2015 elections after a court ruling found that a 1980 law requiring parliamentary candidates to have at least one Marshallese parent and traditional land rights was unconstitutional.

Women have full political rights, though traditional gender roles have limited their participation to some extent, and just three women won seats in the 2015 elections. Heine is the country's first woman president.

C. FUNCTIONING OF GOVERNMENT: 10 / 12

There are no undue restrictions on the elected government's ability to form and implement laws and policies. A body of traditional leaders, the Council of Iroij, has an advisory role under the constitution. Its 12 members can offer joint opinions and request reconsideration of any bill affecting customary law, traditional practices, land tenure, and related matters.

The Republic of the Marshall Islands has close relations with the United States under a 1986 Compact of Free Association, which allows the U.S. military to operate in the country in exchange for defense guarantees and development assistance. A component of the compact in force through 2023 calls for the United States to provide about $70 million in annual aid, including contributions to a trust fund for the country.

Corruption has been a chronic problem, though auditing bodies and the independent courts are somewhat effective in detecting abuses and holding officials accountable. A former member of parliament was reportedly convicted in March 2017 for misusing aid funds from Taiwan.

There is not a strong legal mechanism for obtaining access to government information, but documents can often be obtained through the courts. Auditors have repeatedly found invalid or poorly documented spending practices at government ministries, agencies, and state-owned enterprises. Under new leadership, the Finance Ministry in June 2017 completed its annual audit of government finances on time for first time since 2011.

CIVIL LIBERTIES: 55 / 60

D. FREEDOM OF EXPRESSION AND BELIEF: 16 / 16

The government generally respects the freedoms of speech and the press. A privately owned newspaper, the Marshall Islands Journal, publishes articles in English and Marshallese. Broadcast outlets include both government- and church-owned radio stations, and cable television offers a variety of international news and entertainment programs. Internet access is expanding, reaching as much as a third of the population by 2017, but it remains limited due to poor infrastructure and high costs.

Religious freedoms are respected in practice. Religious groups are not required to register with the government, but those that register as nonprofits are eligible for tax exemptions.

There are no significant restrictions on academic freedom.

Citizens are generally free to discuss their political opinions, and there are no reports of improper government surveillance.

E. ASSOCIATIONAL AND ORGANIZATIONAL RIGHTS: 11 / 12

The government upholds constitutional guarantees of freedom of assembly. Protests in recent years have addressed issues including climate change, women's rights, and the legacy of U.S. nuclear weapons tests in the country.

Civil society groups, many of which are sponsored by or affiliated with church organizations and provide social services, are able to operate freely.

Constitutional and legal provisions that protect freedom of association also apply to trade unions. However, there are no laws regulating the right to strike, and few employers are large enough to support union activity among their workers.

F. RULE OF LAW: 15 / 16

The constitution provides for an independent judiciary, and the judiciary generally operates without political interference. Judges are appointed by the cabinet on the recommendation of the Judicial Service Commission, and the legislature confirms the appointments. High Court and Supreme Court judges can only be removed by a two-thirds vote in the Nitijela, for clear failure or inability to perform their duties or for serious crimes or abuses.

The authorities generally observe legal safeguards against arbitrary arrest and detention. The state provides lawyers for indigent defendants, and due process standards for trials are upheld.

Violent street crime and other such threats to physical security are relatively rare, though conditions in the country's few prison and jail facilities are sometimes overcrowded or otherwise below international standards.

Women generally enjoy equal treatment under the law, but there is no explicit ban on discrimination in employment, and women tend face disadvantages in the workplace in practice. While same-sex sexual activity was decriminalized in 2005, discrimination based on sexual orientation and gender identity is not prohibited by law.

G. PERSONAL AUTONOMY AND INDIVIDUAL RIGHTS: 13 / 16

Freedom of movement is generally respected. Marshallese citizens have the right to live and work in the United States and to travel there without a visa.

Individuals have the rights to own property and establish private businesses, and these rights are largely observed in practice.

Personal social freedoms are mostly upheld. However, the minimum age for marriage is 16 for women and 18 for men; about a quarter of women aged 20-24 were married by age 18. While domestic violence remains widespread, reporting of the problem has apparently increased in recent years due to improved processes for obtaining orders of protection.

The government enforces a minimum wage law, though it does not apply to the informal sector. Some local and East Asian women are subjected to forced prostitution in a trade that depends on visiting freight or fishing vessels.

Scoring Key: X / Y (Z)

X = Score Received
Y = Best Possible Score
Z = Change from Previous Year