Compact of Free Association
The Compacts of Free Association (COFA) are international agreements establishing and governing the relationships of free association between the United States and the three Pacific Island sovereign states of the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the Republic of Palau. As a result, these countries are sometimes known as the Freely Associated States (FASs). All three agreements next expire in 2043.
These countries, together with the
The compacts came into being as an extension of the US–UN territorial trusteeship agreement, which obliged the federal government of the United States "to promote the development of the people of the Trust Territory toward self-government or independence as appropriate to the particular circumstances of the Trust Territory and its peoples and the freely expressed wishes of the peoples concerned".[1] Under the compacts, the US federal government provides guaranteed financial assistance over a 15-year period administered through its Office of Insular Affairs in exchange for full international defense authority and responsibilities.
The Compacts of Free Association were initiated by negotiators in 1980 and signed by the parties in the years 1982 and 1983.
States in Compacts of Free Association
Associated State [note 1] | Associated since | Level of association | International status |
---|---|---|---|
Marshall Islands | 21 October 1986 | United States provides defense, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association.[5] | UN member state |
Federated States of Micronesia | 3 November 1986 | United States provides defense, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association.[6] | UN member state |
Palau | 1 October 1994 | United States provides defense, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association.[7] | UN member state |
Economic provisions
Each of the associated states actively participates in all Office of Insular Affairs technical assistance activities. The US gives only these countries access to many US domestic programs,
Most citizens of the associated states may live and work in the United States, and most US citizens and their spouses may live and work in the associated states.[11][12] In 1996, the US Personal Responsibility and Work Opportunity Act removed Medicaid benefits for resident foreigners from the states, even after the five-year waiting period that most other resident aliens have.[13] However, in December 2020, Congress restored Medicaid for Compact of Free Association communities.[14]
Military provisions
The COFA allows the United States to operate armed forces in Compact areas and to demand land for operating bases, subject to negotiation, and excludes the militaries of other countries without US permission. The US in turn becomes responsible for protecting its affiliate countries and responsible for administering all international defense treaties and affairs, though it may not declare war on their behalf. It is not allowed to use nuclear, chemical, or biological weapons in Palauan territory.[15] In the territories of the Marshall Islands and the Federated States of Micronesia it is not allowed to store such weapons except in times of national emergency, state of war, or when necessary to defend against an actual or impending attack on the US, the Marshall Islands, or the Federated States of Micronesia.[16]
Citizens of the associated states may serve in America's armed forces, and there is a high level of military enlistment by Compact citizens. For example, in 2008, the Federated States of Micronesia had a higher per-capita enlistment rate than any US state, and had more than five times the national per-capita average of casualties in Iraq and Afghanistan: nine soldiers out of a population of 107,000.[17]
21st-century renewal and updates
In 2003, the compacts with the RMI and FSM were renewed for 20 years. These new compacts provided US$3.5 billion in funding for both countries. US$30 million will also be disbursed annually among
The renewed compact, commonly called "Compact II", took effect for FSM on June 25, 2004,[20] and for RMI on June 30, 2004.
The economic provisions of the Compact for Palau which provided $18 million in annual subsidies and grants, expired on September 30, 2009, and the renewal talk was concluded in late 2010.[21] US financial support for Palau is based on a continuing resolution passed by the US Congress.[22] The Compact Trust Fund set up to replace US financial aid underperformed because of the Great Recession.[23] The military and civil defense provisions remained until 2015.[24]
An amended Compact, enacted December 17, 2003, as Public Law 108-188, provided financial assistance to the Marshall Islands and Micronesia through 2023. The Compact of Free Association agreement with the Republic of Palau, enshrined in US Public Law 99-658, was followed by a Compact Review Agreement signed between the US and Palau in 2018, extending certain financial provisions through September 30, 2024.[25]
In March 2022, President
Palau Finance Minister Kaleb Udui Jr. and U.S. Ambassador Yun signed Palau's COFA extension on May 22, 2023, with the island government previously requesting to advance their date more in line with the other two countries.[29] On May 23, 2023, FSM negotiator Leo Falcam and a State Department representative signed Micronesia's extension at the U.S. embassy in Pohnpei.[30] Marshall Islands' Minister of Foreign Affairs and Trade, Jack Ading alongside Ambassador Yun signed RMI's agreement on October 16, 2023.[31] Approval by each legislature, to include a funding mechanism in Congress, is the final step to bring each agreement into force. Legislation implementing the new agreements was enacted by the U.S. Congress in March 2024.
Other potential CFA states
The former government of the United States
In Puerto Rico, the soberanista movement advocates for the territory to be granted a freely associated status. The 2017 status referendum presented "Independence/Free Association" as an option; if the majority of voters had chosen it, a second round of voting would have been held to choose between free association and full independence. In 2022, the US Congress introduced the Puerto Rico Status Act, which would hold a federally-sponsored referendum on the territory's status, with a free association status expected to be presented as an option.[34]
US fulfillment of commitments
The United States' administration of the former trust territories now covered under the Compacts of Free Association has been subject to ongoing criticism over the past several decades. A 1961 United Nations mission report initially noted deficiencies in "American administration in almost every area: poor transportation, failure to settle war damage claims; failure to adequately compensate for land taken for military purposes; poor living conditions[;] inadequate economic development; inadequate education programs; and almost nonexistent medical care."[35] In 1971, congresswoman Patsy Mink further noted that "[A]fter winning the right to control Micronesia, [the US] proceeded to allow the islands to stagnate and decay through indifference and lack of assistance. . . . [T]he people are still largely impoverished and lacking in all of the basic amenities which we consider essential – adequate education, housing, good health standards, modern sanitation facilities."[36]
After the compacts, criticism was also received by the
Questions regarding US responsibility have also been raised regarding the issue of numerous derelict war ships and oil tankers abandoned or destroyed by the US military in atolls and islands throughout the compact area.[41]
Health care issues
In 2009, the state of Hawaii, under the administration of then-Governor Linda Lingle, attempted to restrict health care access for Compact citizens by eliminating all Compact residents of Hawaii from Med-QUEST, the state's comprehensive Medicaid coverage plan.[42] COFA residents were instead subject to Basic Health Hawaii, a limited health care plan under which "transportation services are excluded and patients can receive no more than ten days of medically necessary inpatient hospital care per year, twelve outpatient visits per year, and a maximum of four medication prescriptions per calendar month. . . . BHH covers dialysis treatments as an emergency medical service only, and the approximate ten to twelve prescription medications dialysis patients take per month are not fully covered. BHH . . . caus[es] cancer patients to exhaust their allotted doctors' visits within two to three months".[43]
Noting that such a policy likely constituted unlawful discrimination in violation of the
See also
Footnotes
- ^ Arranged by date of free association.
References
Citations
- ^ "About the Compact of Free Association". uscompact.org. United States Department of the Interior; Honolulu Field Office. Archived from the original on 2017-05-01.
- ISBN 0-7923-0069-6.
- ^ Compact of Free Association in the Micronesian States of Palau, the Federated States of Micronesia and the Marshall Islands: Environmental Impact Statement. 1984. pp. 62–.
- ^ "Compact of Free Association". www.fsmlaw.org. Archived from the original on 8 October 2017. Retrieved 6 May 2018.
- ^ CIA (15 July 2010). "Marshall Islands at the CIA's page". CIA. Retrieved 2010-07-15.
- ^ CIA (15 July 2010). "FSM at the CIA's page". CIA. Retrieved 2010-07-15.
- ^ CIA (15 July 2010). "Palau at the CIA's page". CIA. Retrieved 2010-07-15.
- ^ "Prime Award Spending Data by Location". USASpending.gov. Archived from the original on March 8, 2021.
- ^ Palau COFA 1986, Title 1
- ^ Palau COFA 1986, Sections 241–242
- ^ Palau COFA 1986, Section 141
- ^ Federated States of Micronesia COFA, Section 141.
- ^ "House Health Bill Would Help Pacific Island Migrants". NPR.org. 6 January 2010. Archived from the original on 3 March 2016. Retrieved 2 January 2016.
- ^ "COVID-19 Relief Bill Restores Medicaid Access for COFA Community". APIAHF. 2020-12-21. Retrieved 2023-12-19.
- ^ Patterson, Carolyn Bennett, et al. "At the Birth of Nations: In the Far Pacific." National Geographic Magazine, October 1986 page 498. National Geographic Virtual Library, Accessed 17 May 2018. "The problem? The Palauans had voted for a constitution that banned nuclear devices. Salii then initial a compact agreement with the US allowing American ships and planes of all types to operate in Palau. A court ruling held the compact illegal without a 75 percent referendum vote, a constitutional stipulation. Salii dissented, arguing for a more flexible interpretation of the constitution: "It does not say we cannot allow nuclear-powered ships if they are in transit." The Palau compact also allows the American military the option of using the nation's big island of Babelthuap for bases if the US should lose those in the Philippines."
- ^ "FSM COFA, Section 324" Archived 2009-10-10 at the Wayback Machine.
- ^ The Christian Science Monitor (5 May 2010). "Uncle Sam wants Micronesians for US military". The Christian Science Monitor. Archived from the original on 28 February 2016. Retrieved 2 January 2016.
- ^ BUSH SIGNS $3.5 BILLION PACIFIC COMPACT – December 18, 2003 Archived January 3, 2006, at the Wayback Machine at archives.pireport.org
- ^ USPS Postal News: USPS Delivers in the Pacific Archived 2007-11-28 at the Wayback Machine at www.usps.com
- ^ "Compact of Free Association". Archived from the original on 26 January 2016. Retrieved 2 January 2016.
- ^ "Compact of Free Association with the Republic of Palau: Assessing the 15-year Review". US Department of State. Archived from the original on 5 April 2017. Retrieved 2 January 2016.
- ^ "The Continued Free Association with the Republic of Palau Act of 2012". US Department of State. Archived from the original on 15 February 2020. Retrieved 2 January 2016.
- ^ "Compact Trust Fund underperforms". Archived from the original on December 13, 2011.
- ^ "Compact of Free Association with the Republic of Palau". Archived from the original on 4 March 2016. Retrieved 2 January 2016.
- ^ "Compacts of Free Association". US Department of the Interior Office of Insular Affairs. April 2, 2022.
- ^ Blinken, Anthony (March 22, 2022). "Announcing the Special Presidential Envoy for Compact Negotiations" (Press release). US Department of State.
- ^ Legislative Proposal and Memorandums of Understanding (2023-10-25). "Cost breakdown of proposed Compact of Free Association Amendment Act of 2023" (PDF). U.S. House of Representatives. Retrieved 2023-10-25.
- ^ "Memorandum: House Committee on Natural Resources Indo-Pacific Oversight Hearing" (PDF). U.S. House of Representatives. 2023-07-18. pp. 4–5. Retrieved 2023-10-25.
- ^ Admin (2023-05-22). "US-Palau Compact awaits congressional approval". pactimes. Retrieved 2023-10-25.
- ^ "U.S. signs agreement to continue Micronesia assistance under strategic pact". Reuters. 2023-05-23. Retrieved 2023-10-25.
- ^ Blair, Chad (2023-10-18). "US, Marshall Islands Renew COFA Treaty For Another 20 Years". Honolulu Civil Beat. Retrieved 2023-10-25.
- ^ Post, Kevin Kerrigan and Gaynor D. Daleno | The Guam Daily. "GovGuam hopes for favorable decision on plebiscite". The Guam Daily Post. Archived from the original on 2019-10-07. Retrieved 2019-10-09.
{{cite web}}
: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link) - ^ Sinco Kelleher, Jennifer (October 12, 2018). "Guam pushes for native-only vote on US relationship". Navy Times.
- ^ Acevedo, Nicole (May 19, 2022). "Lawmakers reach consensus on Puerto Rico status bill, call for plebiscite". NBC News.
- ISBN 0-87003-000-0.
- ^ Mink, Patsy T. (1970–71). "Micronesia: Our Bungled Trust". Texas Int'l Law Forum. 6: 181–208. Archived from the original on March 4, 2016. Retrieved December 12, 2011.
- ^ Oversight on the Compact of Free Association with the Republic of the Marshall Islands (RMI): Medical Treatment of the Marshallese People, U.S. Nuclear Tests, Nuclear Claims Tribunal, Forced Resettlement, Use of Kwajalein Atoll for Missile Programs and Land Use Development Archived 2012-04-26 at the Wayback Machine
- PMID 16281703. Archived from the original(PDF) on April 26, 2012. Retrieved December 12, 2011.
- from the original on 2017-08-14.
- ^ The Hawaii Independent. "Hawaii lawmakers ask feds to front Medicaid costs of COFA citizens - Pasifika Media Association". Archived from the original on 6 March 2016. Retrieved 2 January 2016.
- ^ Trevor Gilbert; Sefania Nawadra; Andy Tafileichig; Leonard Young (April 2003). Response to an Oil Spill from a Sunken WWII Oil Tanker in Yap (PDF). 2003 International Oil Spill Conference. Vancouver. Archived from the original (PDF) on April 26, 2012. Retrieved December 12, 2011.
The problem of more than 1000 WWII shipwrecks, amounting to over 3 million tons sunk across the pacific, has been with us for 60 years and will not fade away by continuing to ignore the issue
; see also WWII wrecks ‘threaten Micronesia’ Archived 2011-11-15 at the Wayback Machine; Assessing potential oil spills from WWII Wrecks Archived 2012-04-26 at the Wayback Machine - PMID 20539993.
- ^ Korab v. Koller, 2010 WL 4688824 (D. Haw Dec 10, 2010).
- ^ Id. ("Defendants fail to show any particular State interest that is advanced by their decision to exclude COFA residents from the Old Programs. . . . [W]hile the court recognizes that BHH was created in response to the State's budget crisis, when applying strict scrutiny, the 'justification of limiting expenses is particularly inappropriate and unreasonable when the discriminated class consists of aliens'")
- ^ Id.; see also Judge Dismisses Hawaii’s Request for Dismissal of Suit against Basic Health Hawaii Archived 2012-02-04 at the Wayback Machine ("Micronesian community representatives reported that elimination of medical benefits has impacted many, including 27 who have died since Sept. 1, 2009")
- PMID 22235150.
- ^ "Korab v. Koller, Civ. No. 10-c00483-JMS-KSC (Jan. 10, 2011)" (PDF). lejhawaii.org. Archived from the original (PDF) on 4 March 2016. Retrieved 6 May 2018.
- from the original on 2017-08-30.
- PMID 25713965.
- ^ "U.S restores Medicaid for Marshall Islands, exposing longtime injustice, experts say". NBC News.
Bibliography
- "Compact of Free Association" (PDF). Republic of Palau. 10 January 1986. Archived from the original (PDF) on 6 October 2011. Retrieved 29 March 2012.
- "Micronesia, Marshall Islands and Palau" is found at: 48 U.S.C. ch. 19
External links
- USCompact.org, USDOI Honolulu Field Office
- 1986 Compact of Free Association between RMI and FSM
- Proclamation by Ronald Reagan about the 1986 COFA between RMI and FSM Archived 2006-03-24 at the Wayback Machine
- Pacific Islands Report: Compacts of Free Association Renegotiations (includes the text of the 2003 RMI and FSM COFAs)