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There appears to be no legislation in Micronesia that addresses forced marriage.
There appears to be no legislation in Micronesia that requires consent to marriage.
There appears to be no legislation in Micronesia that prohibits servile matrimonial transactions.
Provisions related to marriage trafficking in Micronesia are found in the REVISED CODE OF THE FEDERATED STATES OF MICRONESIA, TITLE 11 CRIMES, which prohibits practices similar to slavery, including forced marriage, at article 615 and 617, with a potential penalty of imprisonment for not more than 15 years or fined not less than $5,000 but not more than $25,000, or both.
There appears to be no minimum age for marriage in Micronesia. However, Articles 1005 and 1021 of the 2001 Draft Version of the Chuuk State Code recognises that the minimum age for marriage without parental consent is 18, without differentiation by gender. However, marriages of females below this age may be permitted with the consent of the parents. Marriage of females is allowed under exceptions as early as 16, as set out on Article 1021 of the 2001 Draft Version of the Chuuk State Code.
Asia-Pacific
Not party to a court
Mixed
Article 4. Declaration of Rights
Section 1.
No law may deny or impair freedom of expression, peaceable assembly, association, or petition.
Section 3.
A person may not be deprived of life, liberty, or property without due process of law, or be denied the equal protection of the laws.
Section 10.
Slavery and involuntary servitude are prohibited except to punish crime.
Section 12.
A citizen of the Federated States of Micronesia may travel and migrate within the Federated States.
Section 13.
Imprisonment for debt is prohibited.
CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (REV. 1990) (PDF)
SUBCHAPTER II Trafficking in Persons
§ 611. Citation.
This Act shall be known and may be cited as “Trafficking in Persons Act of 2012.”
§ 612. Definitions.
(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.
§ 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.
Source: PL 17-38 § 9.
§ 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.
Source: PL 17-38 § 10.
§ 619. Consent of trafficked or smuggled person irrelevant.
Consent to the act or acts constituting an offense on the part of a smuggled person under sections 613 and 614 of this chapter, or a trafficked person under sections 616, 617, and 618 of this chapter, is not a legal defense.
§ 701. Deprivation of rights.
(1) A person commits a crime if he or she willfully, whether or not acting under the color of law, deprives another of, or injures, oppresses, threatens, or intimidates another in the free exercise or enjoyment of, or because of his or her having so exercised any right, privilege, or immunity secured to him by the Constitution or laws of the Federated States of Micronesia, the laws of the Trust Territory of the Pacific Islands, or the Constitution or laws of the United States of America which are applicable to the Federated States of Micronesia.
(2) A person convicted under this section shall be imprisoned for not more than ten years.
(3) A person who deprives another of any right or privilege protected under this section shall be civilly liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, without regard to whether a criminal case has been brought or conviction obtained. In an action brought under this section, the court may award costs and reasonable attorney’s fees to the prevailing party.
§ 167. Penalties for violation of chapter.
(1) Any employer who willfully violates any of the provisions of this chapter or any of the rules and regulations issued pursuant thereto shall, upon conviction thereof, be fined not more than $2,000, or imprisoned for not more than six months, or both.
(2) Any nonresident worker who fails to comply with the provisions of section 138(3) of this chapter shall, upon conviction thereof, be fined not more than $50, or imprisoned for not more than five days, or both.
SUBCHAPTER II Trafficking in Persons
(1) “Child” means any person below the age of 18 at the time of the commission of an offense under this chapter.
(2) “Commercial carrier” means a legal or a natural person that engages in international or interstate transportation of goods or people for commercial gain.
(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.
(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.
(5) “Practices similar to slavery” include debt bondage, serfdom, and forced marriage.
(6) “Prostitution” means illicit sexual services performed for financial or material benefit
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.
Source: PL 17-38 § 9.
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.
Source: PL 17-38 § 10.
619. Consent of trafficked or smuggled person irrelevant.
Consent to the act or acts constituting an offense on the part of a smuggled person under sections 613 and 614 of this chapter, or a trafficked person under sections 616, 617, and 618 of this chapter, is not a legal defense.
Nothing contained in this title, except for the provisions of Section 1004 of this Chapter, shall apply to any annulment, divorce, or adoption effected in accordance with local custom, nor shall any restrictions or limitations be imposed upon the granting of annulments, divorces, or adoptions in accordance with local custom.
1005. Age of majority.
All persons, whether male or female, residing in the State of Chuuk Trust Territory, who shall have attained the age of 18 eighteen years shall be regarded as of legal age and their period of minority to have ceased.
1021. Marriage between two noncitizens or noncitizen and citizen; requisites of marriage contract.
In order to make valid the marriage contract between two noncitizens or between a noncitizen and a citizen of the Federated States of Micronesia Trust Territory, it shall be necessary that:
(1) The male at the time of contracting the marriage be at least 18 eighteen years of age and the female at least 16 sixteen years of age, and if the female is less than 18 eighteen years of age she must have the consent of at least one of her parents or her guardian;
(2) neither of the parties has a lawful spouse living; and
(3) a marriage ceremony be performed by a duly authorized person as provided in this chapter.
1024. Marriage between citizens.
Marriage contracts between parties, both of whom are citizens of the Federated States of Micronesia Trust Territory, solemnized in accordance with recognized custom, shall be valid. A notice of such marriage, showing the names and addresses of the persons married, their ages and the date of marriage, shall be sent to the Clerk of Courts, who shall, upon receipt thereof, record the same in the marriage register.
1061. Authorized; grounds.
A decree annulling a marriage may be rendered on any ground existing at the time of the marriage which makes the marriage illegal and void or voidable. A court may, however, refuse to annul a marriage which has been ratified and confirmed by voluntary cohabitation after the obstacle to the validity of the marriage has ceased, unless the public interest requires that the marriage be annulled.
Section 6.3204. Annulment.
The Court may issue a decree annulling a marriage on a ground, existing at the time of the marriage, which renders the marriage illegal and void or voidable. The Court may refuse to annul a marriage which the parties have ratified and confirmed by voluntary cohabitation after the obstacle to the marriage’s validity has ceased to exist, unless the public interest requires annulment of the marriage.
Section 16.101. Requisites of marriage contract.
(1) A marriage performed in the State is valid, if:
(a) The male at the time of marriage is at least eighteen years of age and the female at least sixteen years of age, and, if the female is less than eighteen years of age, the marriage has the consent of at least one of the female’s parents or her guardian;
(b) Neither party has a lawful living spouse; and
(c) An ordained minister performs a marriage ceremony in the presence of at least two witnesses.
(2) The parties may pay a fee to the person performing the marriage ceremony.