Human Rights Law at Guam (US)
Guam, as an unincorporated territory of the United States, is subject to U.S. federal law but also has its own local laws. The Human Rights Law in Guam includes a mix of protections under the U.S. Constitution, federal statutes, and territorial laws that provide rights and protections to its residents. However, being a U.S. territory presents unique legal challenges and limitations.
1. U.S. Constitutional Rights
While Guam is not a state, it is under the sovereignty of the U.S., and many rights protected under the U.S. Constitution apply to residents of the territory. Key constitutional provisions that protect human rights in Guam include:
First Amendment: Freedom of speech, press, religion, and assembly.
Fifth Amendment: Protection against self-incrimination and double jeopardy, and the right to due process.
Fourteenth Amendment: Equal protection under the law (though this is sometimes debated regarding full applicability in U.S. territories).
Eighth Amendment: Protection against cruel and unusual punishment.
Sixth Amendment: Right to a fair trial, which applies to individuals in Guam.
However, some constitutional rights are not fully extended to U.S. territories like Guam, including the right to vote in presidential elections and full representation in Congress. Guam sends a non-voting delegate to the U.S. House of Representatives, and its residents do not vote in presidential elections.
2. Local Laws and the Guam Human Rights Commission
Guam has its own local laws and a Guam Human Rights Commission (GHRC), which was established to investigate and address human rights violations within the territory. The Commission has the authority to:
Investigate allegations of discrimination or violations of human rights.
Promote awareness of human rights issues and advocate for policy changes.
Provide services for individuals whose rights may have been violated based on race, gender, disability, religion, and other factors.
The Guam Code Annotated includes provisions prohibiting discrimination in employment, housing, and public accommodations. The Guam Civil Rights Act of 1969 was a significant law designed to ensure that individuals’ civil rights are protected in a similar manner to federal civil rights protections.
3. International Human Rights Treaties
Although Guam is a U.S. territory, it is subject to the international treaties the U.S. is a party to. For example:
International Covenant on Civil and Political Rights (ICCPR): The U.S. ratified this treaty, which provides a range of civil and political rights such as the right to life, liberty, and security of person, freedom of speech, and equality before the law.
Convention on the Elimination of All Forms of Racial Discrimination (CERD): The U.S. ratified this treaty, which commits to eliminating racial discrimination.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): The U.S. signed the convention, though it has not ratified it, and thus its provisions are not legally binding on Guam.
Guam residents, therefore, have access to some international human rights protections, but enforcement is influenced by both U.S. federal law and local Guam law.
4. Challenges in Human Rights
While Guam’s residents enjoy many of the same rights as U.S. citizens, the territory faces challenges unique to its status:
Voting rights: Guam residents cannot vote in U.S. presidential elections, though they can vote in local elections and for their delegate to the U.S. House of Representatives. This has led to discussions about territorial representation and self-determination.
Discrimination: Although Guam has laws prohibiting discrimination, racial and ethnic tensions, especially between the Chamorro people (the indigenous people of Guam), other Pacific Islanders, and U.S. migrants, can sometimes manifest in discrimination or unequal treatment.
Criminal justice system: While Guam follows U.S. law, including protections against inhumane treatment, overcrowding and the treatment of incarcerated individuals have been persistent issues. The local prison system faces overcrowding, leading to concerns about humane conditions.
5. Native Rights and Chamorro People
The Chamorro people, as the indigenous population of Guam, have specific rights and concerns under human rights law. The Chamorro Land Trust Act ensures that Chamorro people have access to land for residential and agricultural purposes. However, there are concerns about the preservation of Chamorro culture, self-determination, and the protection of indigenous land rights.
6. Recent Developments
Political Status and Self-Determination: There has been ongoing advocacy for greater political autonomy or even statehood for Guam. Many residents feel that their lack of voting rights in federal elections is a violation of their civil rights, and there is a push for self-determination regarding the future status of the territory.
Environmental and Health Issues: Issues such as the health impacts of military presence on the island, including concerns over contamination from military bases and the potential for land expropriation, have raised human rights concerns.
LGBTQ+ Rights: Like in many parts of the U.S., there have been increasing legal and social movements toward protecting the rights of the LGBTQ+ community in Guam, including anti-discrimination laws and the legalization of same-sex marriage following the U.S. Supreme Court’s decision in Obergefell v. Hodges (2015).
7. Human Rights Advocacy in Guam
Organizations such as the Guam Coalition Against Sexual Assault and Family Violence and the Guam Women’s Chamber of Commerce are active in addressing issues related to gender equality, domestic violence, and other social justice concerns. Additionally, groups advocating for indigenous rights are pushing for more recognition and respect for Chamorro sovereignty and autonomy.
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