Human Rights Committee Act 2015
TITLE 26 - FAMILY
CHAPTER 12 - HUMAN RIGHTS COMMITTEE
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
HUMAN RIGHTS COMMITTEE ACT 2015
Index
Section Page
PART I - PRELIMINARY 3
§1201. Short Title. ............................................................................................................................. 3
§1202. Interpretation. ....................................................................................................................... 3
§1203. Purpose. ................................................................................................................................. 4
PART II - HUMAN RIGHTS COMMITTEE 5
§1204. Establishment of the Human Rights Committee. ............................................................ 5
§1205. Functions of the Committee. ............................................................................................... 6
§1206. Powers to appoint sub-committee; and power to delegate. ........................................... 7
§1207. Functions of the Chairperson. ............................................................................................ 8
§1208. Meetings of the Committee. ................................................................................................ 8
§1209. Working Group of the Committee. .................................................................................... 9
§1210. Functions of the Working Group. .................................................................................... 10
§1211. Functions of the Chairperson of the Working Group. .................................................. 10
§1212. Appointment of complaints sub-committees. ................................................................ 11
§1213. Functions of complaints sub-committees........................................................................ 12
PART III - ADMINISTRATION 12
§1214. Secretariat. ........................................................................................................................... 12
§1215. Confidentiality. ................................................................................................................... 13
PART IV - COMPLAINTS 13
§1216. Complaints about human rights violations. ................................................................... 13
§1217. Decision whether to investigate. ...................................................................................... 14
§1218. Investigation. ....................................................................................................................... 14
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§1219. Settlement. ........................................................................................................................... 15
§1220. Procedure if no settlement. ............................................................................................... 16
§1221. Referral to the Attorney-General. .................................................................................... 16
PART V - OFFENSES AND PENALTIES 17
§1222. Offenses and Penalties. ..................................................................................................... 17
§1223. Protection from liability. ................................................................................................... 18
PART VI - MISCELLANEOUS 18
§1224. Regulations. ........................................................................................................................ 18
§1225. Transitional and Savings. .................................................................................................. 19
§1226. Severability. ........................................................................................................................ 19
§1227. Effective Date. ..................................................................................................................... 19
TITLE 26 - FAMILY
CHAPTER 12 - HUMAN RIGHTS COMMITTEE
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
HUMAN RIGHTS COMMITTEE ACT 2015
AN ACT to create a new Chapter under Title 10 of MIRC in order to establish a
Human Rights Committee; to provide for its membership, functions, powers and
administration; to establish a complaints mechanism for the redress of human rights
violations, and for related purposes.
Commencement: October 19, 2015
Source: P.L. 2015-49
PART I - PRELIMINARY
§1201. Short Title.
This Chapter may be cited as the Human Rights Committee Act 2015.
§1202. Interpretation.
In this Chapter, unless the context otherwise requires:
“Bill of Rights” means the Bill of Rights contained in Article II of the
Constitution of the Republic of the Marshall Islands;
“CEDAW” means the Convention on the Elimination of All Forms of
Discrimination against Women as adopted by the United Nations on
18 December 1979 and entering into force on 3 September 1981;
“Committee” means the Human Rights Committee established Section 1204;
“complainant” means a person who submits a complaint to the Committee
under this Act;
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“CRC” means the Convention on the Rights of the Child as adopted by the
United Nations on 20 November 1989 and entering into force on 2
September 1990;
“CRPD” means the Convention on the Rights of Persons with Disabilities as
adopted by the United Nations on 13 December 2006 and entering
into force on 3 May 2008;
“human rights” means the rights embodied in the Universal Declaration of
Human Rights as adopted by the United Nations on 10 December
1948, the core international human rights treaties, other international
human rights instruments, and the rights and freedoms set forth in
the Bill of Rights;
“human rights treaty bodies” means the United Nations Committees of
independent experts of recognized competence in human rights, who
are nominated and elected by States Parties to monitor
implementation of the core international human rights treaties;
“international human rights treaties” means the CEDAW, CRC and CRPD,
to which the Marshall Islands is a State Party, and any other core or
other international human rights treaties to which the Marshall
Islands may become a State Party;
“Minister” means the Minister in assistance;
“respondent” means the person against whom a complaint is made under
this Act;
“UN Human Rights Council” means the inter-governmental body within
the United Nations responsible for strengthening the promotion and
protection of human rights around the world, addressing and making
recommendations on situations of human rights violations, and
discussing thematic human rights issues and situations that require
its attention;
“UPR” means the Universal Periodic Review;
“Working Group” means the Working Group established under
Section 1209.
§1203. Purpose.
The purpose of this Act is to:
(a) establish a multi stakeholder body to promote the human
rights of all persons living in the Marshall Islands;
(b) promote the implementation of international human rights
standards, including international human rights treaties to
which the Marshall Islands is a State Party;
(c) promote an inclusive and coordinated cross-sectoral approach
to the implementation of human rights reporting
and programs;
(d) promote understanding of and compliance with the Bill of
Rights and legislation promoting human rights, including the
Domestic Violence Protection and Prevention Act 2011, the Child
Protection Act 2015, and the Rights of Persons with Disabilities
Act 2015; and
(e) establish a complaints mechanism for the redress of human
rights violations.
PART II - HUMAN RIGHTS COMMITTEE
§1204. Establishment of the Human Rights Committee.
(1) The Human Rights Committee, formerly known as the Resources
Development Committee, is established.
(2) The Committee comprises multi-stakeholder members from the
following Government offices, private sector, and civil society
organizations:
(a) Chief Secretary, who is the Chairperson;
(b) Secretary of Internal Affairs, who is the Vice Chairperson;
(c) Secretary of Foreign Affairs;
(d) Secretary of Resources and Development;
(e) Secretary of Health;
(f) Secretary of Education;
(g) Secretary of Finance;
(h) Attorney-General;
(i) Public Defender;
(j) Police Commissioner;
(k) Clerk of Nitijela;
(l) Director, Economic Planning Policy and Statistics Office;
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(m) Director, National Training Council;
(n) Director, Women United Together Marshall Islands;
(o) Director, Youth to Youth in Health;
(p) President, Marshall Islands Persons with Disabilities
Organization;
(q) President, Chamber of Commerce.
(3) In addition, the Committee may invite representatives of in-country
development partners, members of professional organizations or
academia, or other persons with specialist knowledge or experience
in human rights to:
(a) provide specialist advice that may be required by the
Committee; and
(b) attend meetings of the Committee.
(4) In inviting persons under subsection (3), the Committee must ensure
gender balance and adequate representation of persons with
disabilities and other Civil Society Organizations.
§1205. Functions of the Committee.
The Committee is responsible for the following:
(a) providing a consultative forum to address human rights
issues;
(b) supporting the development of policy, legislative,
administrative and other measures, including national
strategic plans of action and monitoring tools, to progressively
implement international human rights standards;
(c) monitoring implementation of international human rights
obligations;
(d) providing advice and making recommendations, including
setting out the implications of any proposed law or any
proposed policy, to Cabinet on matters relating to compliance
with human rights standards;
(e) preparing national reports to the UPR and human rights treaty
bodies in a timely manner and according to the relevant
guidelines, and following up on recommendations by all
international human rights mechanisms;
(f) receiving and investigating complaints of human rights
violations, in accordance with the complaints procedure
under Part IV;
(g) resolving complaints by settlement and referring unresolved
complaints to the Attorney General’s Office for further action;
(h) promoting the mainstreaming of the rights of women,
children, persons with disabilities, and other vulnerable
groups, into sectoral development plans and strategies;
(i) coordinating inclusive consultations, including inviting and
receiving representations, on human rights with:
(i) a broad range of stakeholders, including children,
women, persons with disabilities, the elderly, and other
marginalized groups; and
(ii) representative organizations of stakeholders under
paragraph (i).
(j) supporting and strengthening the implementation of existing
human rights programs;
(k) promoting awareness and education programs about human
rights;
(l) directing the work of the Working Group and other sub-
committees;
(m) reporting to the relevant Ministry on the outcome of any
research, investigation, treaty report, complaint hearing, or
other activity conducted by the Working Group or other sub-
committee;
(n) through the Minister, advocating for sufficient human and
financial resources to carry out the above functions;
(o) performing such other functions as are conferred on it by this
Act or any other Act.
§1206. Powers to appoint sub-committee; and power to delegate.
(1) The Committee may appoint one or more sub-committees to deal
with any specific human rights issue in detail.
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(2) A sub-committee appointed under subsection (1) must be gender
balanced and include one or more relevant representative
organization.
(3) The Committee may delegate any of its functions to the Working
Group established under Section 1209 or a sub-committee appointed
under subsection (1).
§1207. Functions of the Chairperson.
The Chairperson, or in his or her absence, the Deputy Chairperson, is
responsible for:
(a) the efficient discharge of the Committee’s functions;
(b) calling meetings and notifying Committee members;
(c) inviting specialists to attend meetings when required by the
Committee;
(d) chairing Committee meetings according to the agenda;
(e) ensuring all discussion items end with a decision, action or
definite outcome;
(f) reviewing and approving the draft minutes of meetings before
distribution;
(g) discussing and tabling with relevant Ministers, decisions taken
by the Committee; and
(h) any related matters.
§1208. Meetings of the Committee.
(1) The Committee must meet on the third week of every other month or
when called by the Chairperson, at a time and place the
Chairperson appoints.
(2) The Chairperson may call a special meeting, on receiving a written
and signed request from at least five members.
(3) At any meeting, a quorum is formed by five members of which at
least two members must not hold positions in Government.
(4) The Chairperson must preside at every meeting at which he or she is
present, and in the absence of the Chairperson, the Deputy
Chairperson must preside.
(5) If the Chairperson and Deputy Chairperson are both absent from a
meeting, other members present must elect one (1) of them to preside
at the meeting.
(6) At every meeting, the Chairperson or other person presiding has a
deliberative vote, and in the case of an equality of votes, the
Chairperson or other person presiding has a casting vote.
(7) Every question arising at a meeting must be put to a vote and
decided by a majority of votes cast by members.
(8) Subject to other provisions of this Act, the Committee may regulate
its procedures in such manner as the Committee considers fit.
(9) The decisions of the Committee on implementation of international
human rights standards and treaties to which the Marshall Islands is
a State Party must be published in the Gazette.
§1209. Working Group of the Committee.
A Working Group of the Committee is established and consists of
the following:
(a) Secretary of Internal Affairs, who is the Chairperson;
(b) Deputy Chief Secretary;
(c) Assistant Secretary for Program Policy and Assessment,
Ministry of Internal Affairs
(d) Assistant Secretary for Multilateral Affairs, Ministry of
Foreign Affairs;
(e) Chief of Trade, Ministry of Resources and Development;
(f) Assistant Secretary for Policy, Planning & Assessment,
Ministry of Health;
(g) Director of Research, Evaluation & Standards, Ministry
of Education;
(h) Assistant Attorney-General;
(i) Assistant Public Defender;
(j) Legislative Counsel, Nitijela
(k) Assistant Police Commissioner, Department of Public Safety;
(l) Chief of Statistics, Economic Planning Policy and
Statistics Office;
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(m) Director, National Training Council;
(n) Director, Women United Together Marshall Islands;
(o) President, Marshall Islands Persons with Disabilities
Organization;
(p) Health Adolescent Development Coordinator, Youth to Youth
in Health;
(q) Any other member appointed by the Committee, as
appropriate.
§1210. Functions of the Working Group.
The functions of the Working Group include the following:
(a) receiving instructions or directions from the Committee for the
implementation of Committee decisions;
(b) developing national strategic plans of action for the
implementation of rights under the core international human
rights treaties to which the Marshall Islands is a State Party;
(c) assisting the Committee in the formulation and dissemination
of human rights policies, practices and procedures, including
consultation with civil society and other stakeholders;
(d) reporting, in writing, to the Committee on progress made with
regards to implementation of Committee decisions, including
providing advice and recommendations;
(e) preparing and coordinating UPR reports to the UN Human
Rights Council and national reports to human rights treaty
bodies;
(f) advising and making recommendations to the Committee on
ratification of international human rights treaties and Optional
Protocols to which the Marshall Islands is a State Party;
(g) researching best practices for implementing human rights
standards;
(h) performing such other functions as are conferred on it by the
Committee, this Act, or any other Act.
§1211. Functions of the Chairperson of the Working Group.
The Chairperson of the Working Group is responsible for:
(a) the efficient discharge by the Working Group of its functions;
(b) calling meetings and notifying Working Group members;
(c) inviting specialists to attend meetings when required by the
Working Group or as requested by the Committee;
(d) reviewing and approving draft minutes before distribution;
(e) chairing Working Group meetings according to the agenda;
(f) ensuring all discussion items end with a decision, action or
definite outcome;
(g) reporting on Working Group meeting outcomes in a timely
manner to the Chairperson of the Committee.
§1212. Appointment of complaints sub-committees.
(1) Upon receipt of a complaint under Part IV, the Chairperson, after
consulting the Committee, may appoint a complaints sub-committee
as follows:
(a) Gender Rights Complaints Sub-Committee to handle
complaints relating to a violation of a right under the CEDAW;
(b) Child Rights Complaints Sub-Committee to handle complaints
relating to a violation of a right under the CRC;
(c) Disability Rights Complaints Sub-Committee to handle
complaints relating to a violation of a right under the CRPD;
(d) any other complaints sub-committee required to deal with a
complaint in any other specific human rights area.
(2) A complaints sub-committee must comprise three members, one of
which must be a legal practitioner.
(3) Members of a complaints sub-committee must:
(a) be independent and have no conflict of interest relating to the
complaint; and
(b) have appropriate qualifications or experience, as prescribed by
the Committee, in the particular area of human rights to which
the complaint relates.
(4) For the purpose of subsection (3) (a), an independent person is a
person who is not employed by Government or does not represent
Government in any capacity.
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(5) Subject to other provisions of this Act, a complaints sub-committee
may regulate its procedures in such manner as it considers fit.
§1213. Functions of complaints sub-committees.
The functions of a complaints sub-committee include -
(a) receiving complaints referred to it by the Committee;
(b) investigating and inquiring into complaints and all related
matters in accordance with the complaints procedure under
Part IV;
(c) seeking assistance or advice, as necessary, from relevant
persons; and
(d) resolving complaints by settlement, where possible, and
recommending to the Committee the referral of unresolved
complaints to the Attorney-General for further action.
PART III - ADMINISTRATION
§1214. Secretariat.
(1) The Community Development Office of the Ministry of Internal
Affairs is the Secretariat of the Committee and the Working Group.
(2) The functions of the Secretariat include the following:
(a) organize meetings of the Committee, Working Group, and
other sub-committees;
(b) prepare agendas and other necessary documents for the
Committee, Working Group, and other sub-committees;
(c) issue notices for meetings at least one week in advance and
ensure agendas and documents are attached;
(d) prepare minutes and summary records of meetings of the
Committee, Working Group, and other sub-committees;
(e) distribute minutes and summary records to members of the
Committee, Working Group, and other sub-committees no
more than 7 working days after each meeting;
(f) ensure that Committee decisions and developments (or other
related matters, as instructed by the Chairperson) are
published in the Gazette once approved by the Committee;
(g) undertake other functions as directed by the Chairperson of
the Committee, Working Group, or other sub-committees,
respectively.
§1215. Confidentiality.
Unless otherwise authorized by this Act or any other Act, all information
obtained through the Committee, Working Group, complaints sub-
committee, or other sub-committee, must be kept confidential.
PART IV - COMPLAINTS
§1216. Complaints about human rights violations.
(1) A person may make a complaint, including a representative
complaint on behalf of other persons with a similar cause of
complaint, to the Committee about an alleged violation of
human rights.
(2) Subject to subsection (3), a complaint must be made in writing, within
six months of the date of the alleged violation.
(3) The Committee may extend the period under subsection (2) if the
complainant shows that he or she:
(a) was not aware, within the six month period, of the alleged
violation; or
(b) was unwilling or unable to make a complaint, within the six
month period, due to the nature of the violation.
(4) Upon receipt of a complaint, the Chairperson of the Committee, after
consulting the Committee, must appoint a complaints sub-committee
in accordance with Section 1212 to handle the complaint.
(5) Subject to subsection (6), all proceedings of a complaints sub-
committee are confidential and must not be made public, unless
parties to the complaint agree in writing.
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(6) The outcome agreed and duly signed by the parties and the
complaints sub-committee may be published if the parties to the
complaint and the complaints sub-committee agree in writing.
§1217. Decision whether to investigate.
A complaints sub-committee must investigate any complaint received by it,
unless before commencing or during the investigation it decides not to do
so because:
(a) the complaint is not within the jurisdiction of the Committee;
(b) the complaint is manifestly ill-founded or not sufficiently
substantiated;
(c) the complainant, or a person acting on his or her behalf, has
brought proceedings relating to the same matter in a court or
tribunal;
(d) the complainant has available another remedy or channel of
complaint that the complainant could reasonably be expected
to use;
(e) the complainant has not a sufficient interest in the complaint;
(f) the person alleged to be aggrieved does not desire that the
complaint be investigated or withdraws the complaint; or
(g) the complaint has been delayed too long to justify any
investigation.
§1218. Investigation.
(1) A complaints sub-committee, after receipt of a complaint, must
decide as soon as reasonably practicable what further evidence it
requires, if any, and invite the respondent to respond to the
complaint in writing.
(2) If the complaints sub-committee considers that the complaint is
manifestly ill-founded or not sufficiently substantiated, or that in all
the circumstances of the complaint, it is unnecessary to take further
action, the complaints sub-committee may decide to take no
further action.
(3) If the complaints sub-committee decides not to proceed, it must
advise the complainant of the decision in writing, giving reasons for
the decision.
(4) If the complaints sub-committee decides to proceed to investigate the
complaint, it must advise the complainant, any other person claiming
to be aggrieved, and the respondent, that the complaints sub-
committee intends to investigate the complaint, and must:
(a) give details of the complaint;
(b) invite the respondent to respond to the complaint within a
specified period (being not less than 21 days);
(c) advise the parties that upon receipt of any response or upon
expiration of the time allowed, the complaints sub-committee
may seek any further information in relation to the complaint
or response; and
(d) advise the parties that in the absence of any response, the
complaints sub-committee may make a recommendation in
respect of the complaint.
§1219. Settlement.
(1) At any time after receipt of a complaint, and any time during
investigation of a complaint, a complaints sub-committee may assist
the parties to reach a settlement.
(2) A settlement means an agreement between the parties on actions that
will settle the matter and includes:
(a) the payment of compensation;
(b) the tendering of an apology; or
(c) any other response to the complaint that the complaints sub-
committee recommends or to which the parties agree.
(3) As part of a settlement, the complaints sub-committee may request a
satisfactory assurance by the respondent of the non-repetition of the
conduct that was the subject matter of the complaint or any
similar conduct.
(4) If the parties reach a settlement, the complaints sub-committee must
record the settlement in writing and supply a copy to the
complainant and respondent.
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§1220. Procedure if no settlement.
(1) If the parties are unable to reach a settlement, the complaints sub-
committee must make a preliminary recommendation for resolving
the complaint, which may:
(a) be based on information already held;
(b) be based on any further information requested and supplied
by the complainant or the respondent; or
(c) follow a hearing or any other reasonable procedure the
complaints sub-committee specifies.
(2) The complaints sub-committee must:
(a) advise the parties of the preliminary recommendation, and
what further action, if any, the complaints sub-committee
proposes should be taken by either or both parties; and
(b) provide the parties with a reasonable opportunity to advise
acceptance or rejection of the recommendation and proposal
for further action, if any.
(3) After receiving views or representations of the parties, or having
provided a reasonable opportunity to provide views or
representations, the complaints sub-committee may, if the parties
have reached a settlement, issue a recommendation that is to be final
between the parties, and the complaints sub-committee must advise
the parties accordingly.
§1221. Referral to the Attorney-General.
(1) The Committee may take appropriate legal action if it decides that:
(a) a person or group of persons is engaged in a practice that is in
violation of this Act;
(b) there is a significant violation of human rights which raises
issues of public interest;
(c) no other method of dealing with an issue or complaint is likely
to be successful; or
(d) it does not have the competency or resources to investigate the
complaint or the complaint is outside its jurisdiction.
(2) On the direction of the Committee, the Chairperson of the Committee
may refer to the Attorney-General, with a view to prosecution, any
suspected offense under this Act or any other Act.
(3) Upon the application of any of the parties to a complaint or on the
direction of the Committee, the Chairperson of the Committee may
refer the complaint to the Attorney-General if:
(a) a complaints sub-committee is unable to make a final
recommendation on the complaint; or
(b) the respondent to the complaint has not complied with the
terms of a final recommendation within 30 days or any longer
time the Committee allows.
(4) The Attorney-General must decide, in a timely manner, whether a
complaint received under subsection (3) should proceed by way of
prosecution for an offence under this Act or any other Act.
(5) No evidence is admissible in any court of any information, statement
or admission disclosed or made during the course of any proceedings
of the complaints sub-committee during any attempt to reach a
settlement.
(6) The Attorney-General may dismiss a matter brought before it which
it considers manifestly ill-founded or not sufficiently substantiated.
PART V - OFFENSES AND PENALTIES
§1222. Offenses and Penalties.
(1) A person must not:
(a) provide false or misleading information to the Committee, a
complaints sub-committee, or other sub-committee in the
exercise of its functions under this Act;
(b) assault, obstruct, or hinder a person acting on the authority of
the Committee, a complaints sub-committee, or other sub-
committee; or
(c) obstruct or hinder, in any other way, the work of a complaints
sub-committee.
(2) A representative of a member of the Committee, Working Group,
complaints sub-committee, or other sub-committee, must not:
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(a) contravene Section 1215 by releasing, without authorization,
confidential information; or
(b) use, for personal gain (or the gain of any other person), any
information obtained through the Committee, Working Group,
complaints sub-committee, or other sub-committee.
(3) A person who contravenes subsection (1) or (2) commits an offense,
and on conviction is liable to a fine not exceeding $5,000 or to
imprisonment for a term not exceeding one year, or both.
(4) In addition to the offenses and penalties specified under this Act,
offenses and corresponding penalties relating to violations of human
rights in the Bill of Rights and other legislation, including the
following, apply:
(a) Domestic Violence Protection and Prevention Act 2011;
(b) Child Protection Act 2015;
(c) Rights of Persons with Disabilities Act 2015;
(d) Criminal Code.
§1223. Protection from liability.
No action lies against the following in respect of an act or omission done in
good faith in the performance of a function under this Act:
(a) the Committee;
(b) the Working Group;
(c) a complaints sub-committee;
(d) any other sub-committee;
(e) a person acting under an authority conferred by the
Committee.
PART VI - MISCELLANEOUS
§1224. Regulations.
(1) The Minister, with the approval of Cabinet, may make regulations
necessary or expedient for giving full effect to this Act and its
administration.
(2) The Minister must consult with the Committee before making
regulations.
§1225. Transitional and Savings.
At the commencement of this Act:
(a) all actions, proceedings, and decisions of the Committee
lawfully taken by or on behalf of the Resources Development
Committee, continue in effect as if taken by the Committee;
(b) any agreement or other business arrangement lawfully entered
into by the Resources Development Committee, continues as if
entered into by the Committee; and
(c) persons acting in a supportive or advisory capacity to the
Resources Development Committee continue in such capacity
for the Committee.
§1226. Severability.
If any provision of this Act is deemed to be unconstitutional, the other
provisions remain in full force and effect.
§1227. Effective Date.
This Act comes into force in accordance with Article V, Section 21, of the
Constitution and the Rules of Procedures of the Nitijela.