MARSHALL ISLANDS CONSTITUTIONAL REFORM PROCESS CONSTITUTIONAL MANDATE FOR

MARSHALL ISLANDS CONSTITUTIONAL REFORM PROCESS

CONSTITUTIONAL MANDATE FOR PERIODIC REVIEW �Const. Provides for Periodic Review Every 10 Years. �Parliament (“Nitijela”) – Duty to Report at least once every 10 years – whether to amend Constitution or not. (Art. XII, s. 6)

“A Constitution cannot take root in the hearts and minds of the people who live under it unless they are kept fully informed about the process of making it, and take part in the process as much as possible. ” �Alison Quentin-Baxter

2 Main Constitutional Amendment Processes 1. Parliament – Referendum. 2. Parliament – Constitutional Convention - Referendum

The process depends on the type of Amendments Art. XII s. 2 �Apportionment of Constituency (Districts) �Abolishing or altering of any institution or office of government must be by Parliament – Constitutional Convention – Referendum. �Any other (minor) amendments is by Parliament – Referendum.

1. NITIJELA - REFERENDUM • Report to Nitijela Pre. Consultation Nitijela • Make provisions (Bill) 2/3 of total membership 2 nd & 3 rd Readings • By 2/3 of registered voters Referendum 60 days (Grace period) between the 1 st and 2 nd Reading.

II. NITIJELA – CONSTITUTIONAL CONVENTION - REFERENDUM • Report to Nitijela Pre. Consultation Nitijela • Make provisions (Bill) 2/3 of total membership 2 nd & 3 rd Reading Ref • 45 Con Members Elected • By 2/3 o registere voters Constitutional Convention not to consider any other Amendments than those referred by Nitijela

PETITION BY 2/3 OF QUALIFIED VOTERS • 2/3 of Qualified Registered Voters By Petition Nitijela • Make provisions (Bill) 2/3 of total membership 2 nd & 3 rd Reading R • 43 Con Members Elected Constitutional Convention Regardless of the type of Amendment – Must be voted by Referendum • By 2 regis vote

CONSTITUTION MAKING AND AMENDMENTS - Background �The Marshall Islands & other Micronesian Islands under the Trusteeship of the United States 1947 � 1978, the Constitutional Convention constitutional referendum in 1979 Marshall Islands Constitution � 1 st CONSTITUTIONAL CONVENTION – Establishes a Unicameral Parliamentary System for the Marshall Islands.

�“the Marshall Islanders were looking for a more unified system. ” They opted for a “Westminster-type system rather than a US-style Presidential system”. (Baxter) �President – the Head of State & the Govt – Elected by 33 Members of the Parliament

�Since 1 st 1979 Convention, 2 other constitutional conventions held, 1990 and 1995.

1990 Constitutional Convention �Total of 5 proposals – 4 passed at Referendum

1995 Constitutional Convention � 41 proposals considered – only 1 passed at Referendum

2017 Constitutional Convention �So far - 21 proposals currently considered. �Major Proposals are: �Direct election of the President & V. President. �Elimination of vote of no confidence replace with impeachment.

Other Major proposals: � qualification for candidacy, must have land rights and have customary jowi, (have a father or mother of a Marshallese decent). � Matters relating to traditional rights of land tenure including the prohibition on sale of land to nonmarshallese citizens, and to provide traditional mechanisms in dealing with disputes relating to land. � 7 reserved seats from the existing 33 seats exclusive for women candidates: 2 from Majuro, 1 from Kwajalein, 1 from Ailinglaplap, 1 from Arno and 1 from Jaluit. � Institute a special office (special prosecutor) to deal with matters relating to fraud, misuse of public funds, misconduct in office, abuse of office, bribery, corruption and other ethical

Concerns �Very Lengthy Process – time consuming �Very expensive Process – the last Convention was $1. 8 million. �Current convention estimated $3 million ($1. 3 million already allocate d$1. 7 Supplemental Appropriation in January. ) �Deep Public consultation

PROPOSAL ON DIRECT ELECTION OF PRESIDENT “We The People Should Elect the President Not the Members of the Parliament”

Why would People wants to elect the President?

Motion of No Confidence � 8 total Motions of No Confidence – with 2 successful �The latest successful in early 2016 (Ousted President 16 days in Office)

What method of electing President would best serves people of the Republic of Marshall Islands? the the

Current Constitutional Provision �President is elected 1 st Monday of January after the election year, preceding the election of the Speaker and the Vice- Speaker. �Once elected – he nominates his Cabinet (not less than 6 not more than 10) – appointed by Speaker. �The President and Ministers are answerable to the Nitijela - may be dismissed by vote of no confidence by the Nitijela (17/33) �Grace period of 90 days after the first motion. �President Dissolve the Parliament with 2 successive Motion of No Confidence.

BI-CAMERAL SYSTEM �The President – Head of State – removed by Impeachment. �Bicameral (Clear separation of powers) but considered expensive and cumbersome. �E. g. , Palau and FSM - has Congress and the state governments. �Palau – President and Vice President elected by popular vote – remove by impeachment

UNI-CAMERAL �Less separated, BUT enables the executive to clearly responsible to the legislature, and accords the executive successive passage of legislative agenda. �Kiribati system – has a hybrid presidential executive system – unicameral. �President is Head of State and Executive. �Elected by the people, remove by the Legislative Assembly (Maneaba). �Successful Motion results in Dissolution

What is the way forward for the Marshall Islands? �Election of President by the People �Remove the Motion of No Confidence replace with Impeachment – through the Courts. �Removal of the President.