Section 1. The chief executive of Airai State
Government shall be the Governor
Section 2. In order to be eligible for the
Office of the Governor a person shall:
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a citizen of Palau and a person of Airai;
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be at least thirty (30) years of age;
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not have been convicted of a felony, nor be under probation
or serving time in jail, provided that conviction of a felony shall be no bar if the person has been pardoned; and
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not be employed by the State government or the National
government
Section 3. The Governor shall be elected
in a state-wide election for a term of four (4) years. A person
may not serve as Governor for more than two (2) consecutive terms.
Section 4. The Governor may have all the
inherent powers and duties of a state chief executive, including, but
not limited to the following:
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to enforce the law of the State;
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to spend money pursuant to appropriation laws and to collect
taxes;
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to represent the State in all legal matters;
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to propose an annual budget for the State government and
present it for consideration of the State Legislature;
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to approve or veto bills passed by the State Legislature;
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to represent the State government in all negotiations with
other states of the Republic of Palau, the National
government, and other nations and international bodies,
provided that any agreement made with another national or
international body shall not become effective without the
consent of the State Legislature;
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to exercise emergency powers, not inconsistent with the
Constitution of the Republic of Palau, as provided for by
law; and
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to introduce legislative measures in the State Legislature.
Section 5. The compensation of the
Governor shall be established by law.
Section 6. A Council of Chiefs composed of a
traditional chief from each hamlet of Airai State, Ngiraked, Tuchermel,
Ngirachitei, Iechaderteluang, Spis, and Techedib, shall advise the
Governor on matters concerning traditional laws, customs, and their
relationship to the Constitution and the laws of Airai State. The
compensation of the members of the Council of Chiefs shall be
established by law.
Section 7. The Speaker of the State Legislature
shall succeed to the Office of Governor if it becomes vacant. If
the vacancy occurs due to death, resignation or disability and more than
one hundred and eighty (180) days remain in the term, a state-wide
election for the Office of Governor for the remaining term shall be held
within two (2) months of such vacancy.
Section 8. The Governor may be removed from the
office by a recall. A recall is initiated by a petition which
shall state the ground for recall, and be signed by not less than
twenty-five (25%) percent of the registered voters who voted in the most
recent election for the elected members of the Airai State Government.
Within sixty (60) days of the filing of the petition, the State
Legislature shall provide for a recall election to be held pursuant to
law. If a majority of the votes cast approves of the recall, the
elected member shall be immediately removed from office.
ARTICLE VII
LEGISLATURE
Section 1. The legislative power shall be vested
in the OLBIIL RA NGERCHUMELBAI (Airai State Legislature).
Section 2. The membership of the State
Legislature shall consist of one (1) elected from each hamlet of Airai
State and nine (9) to be elected at large.
Section 3. A person may become a candidate
for election to the State Legislature if the person:
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Is a citizen of Palau and a person of Airai;
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Is at least twenty five (25) years of age; and
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Has not been convicted of a felony, nor is under probation
imposed by a court at the time of the election;
conviction of a felony shall be no bar provided that the
person has been pardoned.
Section 4. The term of office for the members of
the State Legislature shall be four (4) years.
Section 5. The State Legislature shall be
the sole judge of the qualifications of its members. Any member
may be disciplined by a majority vote, or expelled by a vote of not less
than two-thirds (2/3) of the members for cause as prescribed by law.
Section 6. The State Legislature shall elect a
Speaker of the State Legislature and its other officers by a majority
vote of the membership.
Section 7. Subject to State law and the
Constitution of the Republic of Palau, the State Legislature shall have
the following powers and responsibilities:
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To
levy and collect taxes and other forms of revenues; finance
public programs, investments, or to pay public debts;
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To
borrow money on the credit of the State of Airai to finance
public programs, investments, or to pay public debts;
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To
ratify major State agreements or contracts by a majority vote of
the membership;
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To
promote the general peace, well-being, welfare and security of
the people of the State of Airai;
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To
impeach and remove the Governor by a vote of not less than
two-thirds (2/3) of its members; and
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To
enact any law which may be necessary and proper for exercising
the foregoing responsibilities and all other responsibilities
vested in the State Legislature by this Constitution or by the
laws and Constitution of the Republic of Palau.
Section 8. The State Legislature shall
promulgate its own rules and procedures not inconsistent with this
Constitution and the laws of the Republic of Palau, and may compel the
attendance of absent members. A majority of the members
shall constitute a quorum to do business.
Section 9. The State Legislature shall convene
on the Tuesday of the second (2nd) week of April after the general
election. The State Legislature shall meet regularly thereafter.
Special sessions may be called by the Governor or Speaker of the State
Legislature or upon request by a majority of its members.
Section 10. The State Legislature shall enact no
laws except by bill. A bill must be adopted by a majority of the
members present on two (2) separate readings, each reading to be held on
a separate day, except during Special Session when only one (1) reading
shall be required, and it must be sent to the Governor for his approval
prior to it becoming law. A bill shall contain the following
enacting clause: "THE PEOPLE OF THE STATE OF AIRAI REPRESENTED IN
THE STATE LEGISLATURE DO ENACT AS FOLLOW".
Section 11. Upon receiving a bill the Governor
shall review it for approval or veto. If he vetoes the bill, he
shall return the bill to the State Legislature with a statement of
reasons for the veto. If he approves the bill, it shall become a
public law. If the Governor holds a bill in excess of fifteen (15)
days without action, or ten (10) days if the State Legislature is in
session, it shall automatically become a public law.
Section 12. A bill vetoed by the Governor may be
considered by the State Legislature within thirty (30) calendar days of
its return and shall become law as originally adopted upon approval of
not less than two-thirds (2/3) of the members of the State Legislature.
Section 13. The people may recall an elected
member of the State Legislature from office. A recall is initiated
by a petition which shall name the member sought to be recalled, state
the ground for recall an be signed by not less than twenty-five (25%)
percent of the registered voters who voted in the most rec3ent election
for the elected members of the State Legislature. Within sixty
(60) days of the filing of the petition, the Governor shall provide for
a recall election to be held pursuant to law. If the majority of
the votes cast approves of the recall, the elected member shall be
immediately removed from the office.
Section 14. If a member's position becomes
vacant due to recall, expulsion, death, resignation or disability, and
more than one hundred eighty (180) days remain in the term, an election
for the period remaining shall be held within thirty (30) days of such
vacancy. If less than one hundred eighty (180) days remain, the
seat shall remain vacant.
Section 15. No member of the State Legislature
shall be held to answer in any other place for any statement delivered
during a legislative session. A member of the State Legislature
shall be privileged from arrest while going to and from a legislative
session, except in cases of treason, felony, or breach of peace.
Section 16. Compensation of the members of the
State Legislature shall be determined by law. No increase in the
compensation shall apply to the members of the State Legislature during
the term of enactment.
ARTICLE VIII
JUDICIARY
The Judicial power of the State shall
be vested in the National Unified Judiciary pursuant to Article X of the
Constitution of the Republic of Palau.
ARTICLE IX
FINANCE
Section 1. There shall be a State Treasury
responsible for the receipt, retention and disbursement of the funds of
the Government of Airai. One of the Executive Officers of the
Government shall be designated the Treasurer of Airai.
Disbursement of funds shall be made only for the purposes specifically
authorized by the State Legislature.
Section 2. There shall be, at least once a year,
an inspection and audit of the revenues and expenditures of the
Government of the State of Airai as provided by the laws of the State of
Airai and the Republic of Palau.
Section 3. No appropriation bill may be enacted
until a bill appropriating money for the State Budget has been enacted.
Section 4. No tax shall be imposed on Land.
Section 5. No tax shall be imposed on People.
ARTICLE X
LANDS
Section 1. The State Government shall by law
return all public lands which were acquired by the previous occupying
powers or their nationals consideration, in accordance with the laws and
constitution of Palau, to the original owners or their heirs.
Section 2. The State Government shall have the
power to take private property for public use upon payment of just
compensation. No private property shall be taken by the State
Government without prior consultation with the Council of Chiefs of each
Hamlet in which the property is located. This power shall not be
used for the benefit of a foreign entity and shall be used sparingly and
only as a final resort after all means of good faith negotiations with
the landowner have been exhausted.
Section 3. Any person who is not a citizen of
the State of Airai shall not own in Airai.
ARTICLE XI
CONSERVATION AND DEVELOPMENT OF
RESOURCES
Section 1. It shall be the responsibility of the
State Government to take positive action to conserve and develop its
natural resources, to promote the state economy, and to protect the
safety of property. For these purposes, investments relating
to resources in Traditional Hamlets and on private property shall be
subject to reasonable regulation, and withstanding any other provision
of this Constitution, the State Government shall receive an amount equal
to fifteen percent (15%) of the net profits derived from the
exploitation of natural resources on all public and private lands.
Section 2. Subject to traditional rights and
ownership, Airai State Government shall have the authority to regulate
exploration, exploitation, protection, and ownership, including
investment relating thereto, of marine resources as provided in the
Constitution of the Republic of Palau.
ARTICLE XII
GENERAL PROVISIONS
Section 1. The Government of the State of Airai
recognizes and respects and shall continue to recognize and respect the
traditional and customary relationships between itself and other states
of the Republic of Palau.
Section 2. The State Legislature shall designate
a place in Airai to be permanent Capital.
Section 3. The Palauan and English versions of
this Constitution shall be equally authoritative; in case of conflict,
the English version shall prevail.
ARTICLE XIII
AMENDMENT
Section 1. Any amendment to this Constitution
may be proposed by a popular initiative or by the State Legislature as
provided herein:
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By a petition filed by not less than fifty percent (50%) of
the registered voters of the State of Airai; or
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By a resolution adopted by not less than three-quarters
(3/4) of the members of the State Legislature.
Section 2. Any proposed amendment to this
Constitution shall become effective when approved in a general election
by a majority of the votes cast on that amendment.
ARTICLE XIV
TRANSITION
Section 1. A referendum for the
ratification of the draft Constitution shall be held on March 8, 1990.
All residents determined by their "traditional domicile" are allowed to
participate in the referendum. Those who have not registered
to vote in Airai shall be allowed to register to vote in this referendum
without being required to first establish thirty (30) days physical
presence in Airai prior to the election. As used in this
section, "traditional domicile" is determined by clan affiliation and
continuous contact with the community and other customary contacts with
Airai State. The draft constitution shall be deemed ratified if
approved by a majority of the votes cast in the referendum.
Section 2. The Constitution shall take effect on
April 5, 1990, unless otherwise provided herein.
Section 3. All existing laws in force and effect
in Airai State immediately preceding the effective date of this
Constitution shall, subject to the provisions of this Constitution,
remain in force and effect until repealed, revoked, amended, or until
they expire by their own terms.
IN WITNESS WHEREOF, we the undersigned Delegates to
this Constitutional Convention of the State of Airai, assembled at Airai
this 19th day of February 1990, have hereunto subscribed our names:
_____________________________ _________/s/____________________
Ngiruchelbad Uchel
Ingereklii Emiliano
1st Chief Ngiraked, Ordomel Hamlet
2nd Chief Rdialul, Ordomel Hamlet
________/s/_____________
____
_________/s/___________________
Geggie B. Anson
Rengulbai Ngirdimau
1st Chief Tuchermel, Ngerusar
Hamlet
2nd Chief Adelbairureor, Ngerusar Hamlet
_____________________________
_______________________________
Baules Sechelong
Elibosang Eungel
1st Chief Iechaderteluang,
Ngeruluobel
2nd Chief Uong, Ngeruluobel Hamlet
_____________________________
________/s/_____________________
Tatsuo Kamingaki
Lionsia Ngiratkakl
1st Chief Techedib, Ngetkib Hamlet
2nd Chief Remengesau, Ngetkib Hamlet
________/s/___________________
_______/s/______________________
Benancio B. Sasao for
Richard Rechirei for
1st Chief Ngirachitei, Oikull
Hamlet
2nd Chief Ederdei, Oikull Hamlet
HAMLET DELEGATES
______________________________
_______/s/____________________
Raymond Rebluud
Merii Rengulbai
Ordomel Hamlet
Ngerusar Hamlet
______________________________
______________________________
Takeo Rengiil Noah Secharraimul
Ngeruluobel Hamlet
Ngetkib Hamlet
_______/s/_____________________
______/s/______________________
Meresbang Ngiralmau
Yositaka Adachi
Ngchesechang Hamlet
Oikull Hamlet
DELEGATES AT LARGE
_____ /s/_______________________
_____/s/_______________________
Victor M. Yano Charles Obichang
_____/s/_______________________
_____/s/________________________
Martha Iechad Lomisang Ngirmekur
____ /s/________________________
____/s/_________________________
Ngirangeang Ngiralmau Teriong Beouch
____/s/_________________________
____/s/_________________________
Tmewang Rengulbai Daniel Y. Ngirchokebai
__________________________
Evasio Marino
Attested by: _______/s/____________
For Sandra S. Pierantozzi
Secretary of Convention
