Marshall Islands

Detains migrants or asylum seekers?

Yes

Has laws regulating migration-related detention?

Yes

International Migrants

3,300

2020

Population

41,996

2023

International Migrants as % of Population

4.23%

2020

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

29 March 2021 – Marshall Islands

The Marshall Islands, an archipelago in the Pacific Ocean located between Papua New Guinea and Hawaii, had recorded only four COVID-19 cases as of 17 March 2021. The country has also grappled with another infectious disease, dengue fever, having experienced three outbreaks since 2019. As of March 2021, two deaths and 3,884 cases of dengue-like […]

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A quarantine centre in Majuro. Photo: Giff Johnson (RNZ,

01 September 2020 – Marshall Islands

The Marshall Islands are not signatory to the Refugee Convention, there is no system in place for providing protection to refugees, and there is little information available regarding the country’s treatment of migrants and asylum seekers in immigration enforcement procedures. As of early September 2020, there were no confirmed cases of Covid-19. […]

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United States Department of State, “2016 Country Reports on Human Rights Practices - Marshall Islands”, Refworld, 3 March 2017, https://www.refworld.org/docid/58ec8a0013.html
Last updated:

DETENTION STATISTICS

Total Migration Detainees (Entries + Remaining from previous year)
Not Available
2019

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

Criminal Prison Population (Year)
35
2014
Prison Population Rate (per 100,000 of National Population)
66
2014

POPULATION DATA

Population (Year)
41,996
2023
77,917
2020
International Migrants (Year)
3,300
2020
3,296
2019
International Migrants as Percentage of Population (Year)
4.23
2020

SOCIO-ECONOMIC DATA & POLLS

LEGAL & REGULATORY FRAMEWORK

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Yes
2024
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2024
Legal Tradition(s)
Common law
2017

GROUNDS FOR DETENTION

LENGTH OF DETENTION

DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

COSTS & OUTSOURCING

COVID-19 DATA

TRANSPARENCY

MONITORING

NATIONAL HUMAN RIGHTS MONITORING BODIES

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

NON-GOVERNMENTAL ORGANISATIONS (NGOs)

GOVERNMENTAL MONITORING BODIES

INTERNATIONAL DETENTION MONITORING

INTERNATIONAL TREATIES & TREATY BODIES

International Treaties Ratified
Ratification Year
Observation Date
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
2019
2019
ICESCR, International Covenant on Economic, Social and Cultural Rights
2018
2018
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2018
2018
ICCPR, International Covenant on Civil and Political Rights
2018
2018
CRPD, Convention on the Rights of Persons with Disabilities
2015
2017
CRC, Convention on the Rights of the Child
1993
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
2006
2017
VCCR, Vienna Convention on Consular Relations
1991
2017
Ratio of relevant international treaties ratified
Ratio: 8/19
Ratio of Complaints Procedures Accepted
Observation Date
0/3
2017
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child § 10. "With reference to its general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child, the Committee recalls its previous recommendation (CRC/C/MHL/CO/2, para. 19) that the State party: (a) Expeditiously establish an independent national human rights institution, in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), including a specific mechanism for monitoring children ’ s rights that is able to receive, investigate and address complaints by children in a child-sensitive and confidential manner; (b) Ensure that such a monitoring mechanism is allocated sufficient human, technical and financial resources; (c) Seek technical assistance from, among others, OHCHR and the United Nations Children ’ s Fund (UNICEF)." 2018
2018

> UN Special Procedures

> UN Universal Periodic Review

Relevant Recommendations or Observations from the UN Universal Periodic Review
Observation Date
No 2015
2017
No 2011
2017
No 2020

> Global Compact for Migration (GCM)

GCM Resolution Endorsement
Observation Date
2018

> Global Compact on Refugees (GCR)

GCR Resolution Endorsement
Observation Date
2018

REGIONAL HUMAN RIGHTS MECHANISMS

HEALTH CARE PROVISION

HEALTH IMPACTS

COVID-19

Country Updates
The Marshall Islands, an archipelago in the Pacific Ocean located between Papua New Guinea and Hawaii, had recorded only four COVID-19 cases as of 17 March 2021. The country has also grappled with another infectious disease, dengue fever, having experienced three outbreaks since 2019. As of March 2021, two deaths and 3,884 cases of dengue-like illness were recorded, of which 1,987 have been lab-confirmed. An associated state of the United States, the Marshall Islands has benefited from US good ties by receiving enough vaccine doses to be able to vaccinate its entire adult population, who make up around 40-50 percent of its 70,000-80,000 inhabitants, no later than June 2021. The Marshall Islands has experienced significant emigration, as approximately one third of the population has relocated to the United States. The IOM has argued that the labour migration from the islands to the United States is symptomatic of the increasing strain that climate change and environmental disasters are putting on local economies and livelihoods in the Pacific islands. According to the U.S. Department of State, Marshall Islands prison conditions, government corruption, and domestic violence have constituted the main human rights challenges. Other human rights violations included lack of legal provisions protecting workers’ rights, child abuse, and sex trafficking. Foreign workers make up about a third of the workforce (excluding agroforestry). Prison conditions have been described as harsh and at times degrading — infrastructure at Majuro jail was lacking proper ventilation, lighting, and sanitation. Another jail in Ebeye has been described by observers as degrading for detainees due to its cramped cells. The GDP has been unable to establish whether foreigners are detained in the Marshall Islands, for immigration-related reasons. According to the Immigration and Emigration (Amendment) Act of 1991, detention for up to 14 days may be ordered for anyone facing deportation measures. The country also has no asylum or refugee protection legislation or programmes in place.
The Marshall Islands are not signatory to the Refugee Convention, there is no system in place for providing protection to refugees, and there is little information available regarding the country’s treatment of migrants and asylum seekers in immigration enforcement procedures. As of early September 2020, there were no confirmed cases of Covid-19.