Controversy

Micronesia

The Palau

From a Palau correspondent

Long controversy, interrupted

frequently by legal challenges,

has marked the development of the Palau islands in their bid for separate republican status.

Palau, called Belau by Palauans, is the westernmost group in the Caroline Islands of the US Trust Territory. It’s divided into 16 municipalities which will become known as states when Palau becomes a

republic.

Palau’s constitution is yet to become legal, but when it does, the government of the Repub lic of Palau will have executive,

legislative and judicial

branches.

A president will head the executive branch, and will serve a four-year term, limited to two terms. There will be a vice-president as well as a cabi net formed by ‘the heads of the

major executive departments’.

A council of traditional head chiefs from each of the 16 states will advise the president on tra ditional laws and customs.

The Palau Legislature (known locally as Olbiil era Kelulau) will consist of a House of Delegates, one for each state, and a Senate.

Thejudicial branch will have a supreme court, with a chief justice and from three to six associate justices. Next is a national court, with a presiding judge and others to be deter mined. There will also be inferior courts.

Palauan and English are both recognised as the official languages. In the constitution, Koror is the temporary capital of Palau, but the permanent capital must be set up some where on Babeldaob Island within 10 years.

Palau began its move towards a constitution in 1978

by electing 38 delegates to a

constitutional convention. This was held in early 1979, but three of the 38 delegates refused to sign the completed constitution as a protest at some of its sections. Before a referendum could be held to approve the constitution, some members of the Palau Legis

lature who also opposed its approval passed a bill which nullified the legislation establishing both the conven tion and the referendum.

There followed a series of technical and legal moves as opposite sides fought to have the constitution either rejected or approved, and which was complicated by the fact that a revised constitution was pro duced by the Legislature. The main controversy was on three sections in the original consti tution, which puts limits on the territorial waters, put bans on all types of weapons and de structive materials in the re public (these were said to pose obstacles to Japanese fishing in the islands and intended US military use of the islands), and the third, which states that within three years of the prom ulgation of the constitution Palauans must renounce citi zenship of any other country, or be deprived of their Palauan

citizenship.

The constitutional deadlock was eased following election of a new Palau Legislature in Sep tember. In a referendum in October Palauans supported the original constitution, with the controversial clauses intact, by a margin of two to one.

The new Legislature is cur

rently moving to clear the legal

obstacles and allow adoption of the constitution.

Meanwhile the Legislature sent a team to the January Micronesia status talks in Hawaii, which has finally established a Compact of Free Association with the United States, and which is expected to apply equally to the Marshall Islands, the Federated States of Micronesia and what will be the Republic of Palau.

The Marshalls and the Federated States have already approved their constitutions, and the Marshalls in January also signed the Compact of Free Association.