MICRONESIA, FEDERATED STATES OF: Tier 2
The Federated States of Micronesia (FSM) is a source, transit, and, to a limited extent, a destination country for
men, women, and children subjected to forced labor and sex trafficking.The groups most vulnerable to trafficking in
FSM include foreign migrant workers and Micronesian women and girls who allegedly engage in prostitution at
restaurants frequented by crew members of docked Asian fishing vessels. FSM women are recruited with promises of
well-paying jobs in the United States and its territories, but are subsequently forced into prostitution or
domestic labor upon arrival. Local authorities claim many sex trafficking cases are unreported due to victims’ fear
of embarrassment in FSM’s insular communities. Foreign migrants from Southeast Asian countries report working in
conditions indicative of human trafficking on Asian fishing vessels in FSM or its territorial waters.
The Government of the Federated States of Micronesia does not fully comply with the minimum standards for the
elimination of trafficking; however, it is making significant efforts to do so. During the reporting period, the
FSM government continued a prosecution initiated in 2013 involving one alleged Micronesian offender and eight
Micronesian victims. It also continued to coordinate efforts across four states to implement the national plan of
action.The government did not, however, identify any trafficking victims, despite evidence of trafficking in
investigations involving foreign crew on fishing vessels.The government did not initiate new prosecutions against
suspected traffickers. It continued to lack a formal system to identify or refer victims to appropriate
services.The government did not allocate specific budgetary funding for victim protection and assistance, but
provided protection and assistance for eight Chuukese victims identified in a previous reporting period.
RECOMMENDATIONS FOR THE FEDERATED STATES OF MICRONESIA:
Develop and implement procedures for the proactive identification
of trafficking victims among vulnerable populations, such as people on fishing vessels in FSM or its territorial
waters, women and girls in prostitution, and FSM nationals migrating to the United States for work; increase
efforts to investigate and prosecute trafficking offenses, and convict and punish traffickers; develop and
implement a victim referral system and establish specialized protective services for trafficking victims; continue
to implement the national plan of action; and continue to collaborate with traditional leaders to raise awareness
of trafficking and to break away from customary practices that render Micronesians vulnerable to trafficking.
PROSECUTION
The government maintained anti-trafficking law enforcement efforts. The national anti-trafficking law prohibits all
forms of trafficking, and prescribes penalties of up to 15 years’ imprisonment for adult trafficking, 30 years’
imprisonment for child trafficking, and fines up to $50,000; these penalties are sufficiently stringent and
commensurate with penalties prescribed for other serious offenses, such as rape. FSM’s four states have laws that
implement the national law. Pohnpei state’s law prohibits sex trafficking of children and forced labor of adults,
but not sex trafficking of adults; it prescribes penalties for these crimes of up to 10 years’ imprisonment, fines
up to $10,000, or both. Chuuk state’s law includes the same prohibitions, but prescribes penalties of up to 15
years’ imprisonment for forced labor, 25 years’ imprisonment for child trafficking, fines up to $10,000, or both.
Kosrae state’s law prohibits all forms of trafficking and prescribes penalties of 10 years’ imprisonment, fines up
to $20,000, or both.Yap state’s law prohibits all form of trafficking and prescribes penalties of up to 15 years’
imprisonment, fines up to $1,000,000, or both. Penalties in each of these four states are sufficiently stringent
and commensurate with penalties prescribed for other serious offenses.
The government initiated two new investigations, compared with three in 2013, of suspected trafficking offenses
involving more than 50 Indonesian and Vietnamese men serving as the crew of six different boats. Both cases were
treated as smuggling cases despite evidence of human trafficking, such as confiscation of crew members’ passports,
exploitative working conditions onboard the vessels, and the crew’s severe malnutrition. Three investigations of
suspected sex trafficking offenses initiated last year remained pending at the end of the reporting year. One
prosecution, a case from 2009 against a Micronesian man for the exploitation of eight Chuukese females, had its
first hearing in February 2015; the case remained pending at the end of the reporting period. The government
provided $20,852 to the Yap and Kosrae State Police for training on anti-trafficking investigation and reporting
procedures. The government did not report any investigations, prosecutions, or convictions of government employees
complicit in human trafficking offenses.
PROTECTION
The government demonstrated inadequate efforts to identify and protect trafficking victims. It did not identify any
new trafficking victims, even in cases in which elements of forced labor were present, and did not develop or
implement a system to identify trafficking victims among vulnerable groups, such as foreign workers, women and
children in prostitution, or men stranded on boats in the FSM waters or ports. Two cases involving six boats were
seen as smuggling cases; however, the government provided food and general medical care to the men found onboard
during the investigation and prosecution of the case and
coordinated with their respective embassies to repatriate them. The government made no efforts to refer potential
trafficking victims to specialized trafficking services or allocate resources to provide such services.The
government continued to provide hotel accommodation, food, security, and flights between Chuuk and Pohnpei for the
eight Chuukese victims identified in a 2009 trafficking case. The government reported that any identified
trafficking victims would have access to limited social services, such as the mental health program at a hospital
in Kosrae state and legal assistance provided to victims of general crime through the public defenders offices at
the national and state level. FSM officials did not provide legal alternatives to the removal of foreign
trafficking victims to countries where they may face hardship or retribution, or incentives to participate in
trials. There were no reports of potential trafficking victims being punished for crimes committed as victims of
trafficking; however, the government identified no victims.
PREVENTION
The government maintained efforts to prevent trafficking. As part of the January 22 National Trafficking Day, the
government launched a trafficking awareness campaign in all four states. National Trafficking Day activities
included remarks by President Mori, other high ranking officials, members of civil society, and students.The
government spent $92,500 for its anti-trafficking efforts in 2014, an increase from $75,000 in 2013. The government
continued to provide $190,000 for the two migrant resource centers in Pohnpei and Chuuk, where representatives of
national and state law enforcement, local churches, and women’s groups received anti- trafficking training.The
government did not develop or disseminate campaigns aimed at reducing the demand for commercial sex acts; it met
with agents and owners of foreign fishing companies to discuss implications of labor trafficking. The government
did not provide anti-trafficking training for its diplomatic personnel.
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