Political Reviews

Micronesia in Review: Issues and Events, 1 July 2008 to 30 June 2009 john haglelgam, david w kupferman, kelly g marsh, samuel f mcphetres, donald r shuster, tyrone j taitano

Polynesia in Review: Issues and Events, 1 July 2008 to 30 June 2009 lorenz gonschor, iati iati, jon tikivanotau m jonassen, margaret mutu

© 2010 by University of Hawai‘i Press

125 Micronesia in Review: Issues and Events, 1 July 2008 to 30 June 2009

Reviews of Kiribati and Nauru are not people at the Micronesian Endowment included in this issue. for Historic Preservation meeting in August 2008 that “construction of Federated States of a cultural center that will house the Micronesia national archives office and serve as In his inaugural address two years a national museum is in the planning ago, President Emanuel “Manny” stage” (fsmis 2008e). In his State of Mori announced to the Federated the Nation address to the congress in States of Micronesia (FSM) public May 2009, President Mori specifically that cultural preservation was a top mentioned a budget request for the priority for him, and this year has construction of a national museum seen his administration move ahead to house the national archives and to on this promise. In my analysis of this serve as the centerpiece of FSM cul- issue in last year’s review, I pointed tural preservation (fsmis 2009a). out that the power of each constitu- In addition to the question of ent state to preserve its own cultures whether or not the national govern- is the very essence of FSM federal- ment has a role in cultural preserva- ism (Haglelgam 2009, 115). When tion, the administration’s focus on the national government elevated the national museum as a means for the Office of Historic and Cultural achieving this goal is arguably mis- Preservation to the level of the cabinet placed. Some feel that the best place early in the Mori administration, it to preserve living cultures is not in seemed to violate the spirit of federal- the museum but in the classroom. ism embodied in the national constitu- Knowledge of canoe making and all tion. The impracticality of having the the necessary skills to sail canoes, for national government control cultural example, could become part of the preservation is one reason the national curriculum in the elementary schools. constitution delegates this responsibil- Preserving cultural skills, knowledge, ity to the states. It is more efficient for arts, and songs through classroom the people of each state to preserve learning is already part of the elemen- their own culture or cultures because tary school curriculum in Yap state, they know their cultures best, whereas and perhaps this model could be emu- others may rely on stereotypes or mis- lated in other states. information. The national museum argument Both President Mori and Vice points to an emerging pattern of President Alik L Alik addressed this national government involvement in issue of cultural preservation on dif- state affairs. In July 2008, President ferent occasions during the year in Mori and a delegation of national review. Vice President Alik told the government officials attended the

126 pol i t ical reviews • micronesia 127 third annual Mortlocks Leadership some as an unconstitutional expansion Conference in Chuuk State. At the of the powers of the president. Mori conference, the national delegation amended Presidential Order 30, which “reiterated some issues that are cen- controls the operations of the FSM tral to Mori’s administration, which Infrastructure Planning and Implemen- include the maintenance and promo- tation Committee (FSM-ipic), whose tion of cultural skills given the global role is to “coordinate and facilitate the crisis relating to the escalating costs implementation of all projects collec- of fuel and food, as well as promo- tively identified in the National Infra- tion of quality education in the outer structure Development Plan” (fsmis islands” (fsmis 2008c). In addition, 2006). The presidential order cites the national secretary of education section 1 of article x (the executive met with the principals of the Moch article) of the FSM Constitution as the and Ettal elementary schools. authority that grants the president the The FSM President’s Office power to create the FSM-ipic (fsmis reported that President Mori was able 2008b). However, section 1 of article to convince Chuuk State Governor x only vests the executive power of the Simina to appoint a person Mori national government in the presi- favors as head of the state’s Depart- dent, while the executive powers are ment of Administrative Services. The expressly enumerated in section 2 of press release further stated that the US article x. Section 2(a) of the execu- Office of Insular Affairs would concur tive article expressly delegates to the in the joint appointment of the new president the power “to faithfully director by President Mori and Gov- execute and implement the provisions ernor Simina. The president’s action of this Constitution and all national appears to be an unconstitutional laws.” Since the creation of FSM-ipic interference in the internal affairs of has nothing to do with section 2(a) a constituent state, as the national of the executive article (ie, there is no constitution clearly states that the only national law “to faithfully execute powers the national government has and implement”), the president acted are those expressly granted to it and without enabling legislation. Thus, those that are beyond the power of there are accusations that Mori is ven- the states to control. The appointment turing into the lawmaking arena, an of the director of the Chuuk State area exclusively delegated to the FSM Department of Administrative Ser- Congress by section 1 of article ix of vices is neither an express power nor the FSM Constitution. a power that is national in character The case cited above represents an and beyond the power of the state to apparent pattern of constitutionally control. In addition, the president’s questionable actions by Mori that action appears to establish a danger- utilize presidential orders and emer- ous precedent that future presidents gency decrees to empower him, among may follow. other things, to withdraw funds from On 5 September, President Mori the national treasury. Several months continued a precedent set by the previ- ago, through presidential order, Mori ous administration that is viewed by reorganized the Project Management 128 the contemporary pacific • 22:1 (2010)

Unit, moving it from the Department laws” (emphasis mine). Clearly the of Transportation, Communication FSM Constitution does not give any and Infrastructure (tc&i) into the choice to the president but to faith- Office of the President. The public law fully execute and implement all acts of that defines the organization of the the FSM Congress once they become executive branch specifically locates public laws, with or without his the Project Management Unit in the approval. Anything short of faithful tc&i, so by removing the unit to the execution and implementation of all Office of the President, Mori effec- public laws can be seen as a violation tively amended a public law. During of the presidential oath of office and the 6th Regular Session of the 15th an abrogation of his principal duty as FSM Congress, in an effort to assert president. Furthermore, by declaring its rightful authority to make laws, the public law unconstitutional, Presi- the congress adopted Congressional dent Mori is seemingly assuming the Resolution 15-200 requesting the constitutional role designated for the president put the Project Manage- FSM Supreme Court, which is charged ment Unit back in the tc&i. However, with deciding the constitutionality of President Mori ignored the intent of congressional acts or public laws. In a the resolution. Finally, when the con- way, President Mori is attempting to gress passed Congressional Act 15-80 combine the roles of both the congress requiring the president to “properly and the supreme court into that of the place the Project Management Unit presidency. President Mori’s ongoing for the Compact Infrastructure grants turf battle with the FSM Congress has under the appropriate department,” the potential to precipitate a constitu- the president vetoed the act (fsmis tional crisis. 2009b). The FSM Congress overrode On 3 March 2009, the FSM Con- the veto during its 7th Special Session gress held its biannual election for the in May 2009, but so far, President ten two-year term members. Twenty- Mori continues to refuse to implement one candidates ran for the ten seats the law. (fsmis 2008d). Fourteen candidates Ironically, President Mori cited ran for the five congressional seats in the doctrine of separation of powers, Chuuk, four ran for the three seats checks and balances, and the unconsti- in Pohnpei, two for the single seat in tutional nature of the law as the rea- Yap, and the incumbent in Kosrae ran sons for his veto. In its simplest form, unopposed. The crowded election field the doctrine of separation of powers in Chuuk produced two incumbent allocates lawmaking authority to the casualties. All incumbents from the FSM Congress, the faithful execution other three states retained their seats and implementation of laws to the (fsmis 2009c). president, and the impartial interpreta- The Chuuk State elections were tion of laws to the court. Article X, marred by an incident at the overseas section 1(a) of the FSM Constitution polling station in Honolulu, when a requires the president to “faithfully disgruntled voter who was not on the execute and implement the provisions registration list threw the ballot box of this Constitution and all national around and scattered the poll worker’s pol i t ical reviews • micronesia 129 papers. As a result, the polling sta- Former Vice President Hiroshi Ismael tion was closed and voting halted for passed away in the morning on 31 the day. As a result of a postelection July 2008. He was a graduate of the challenge by gubernatorial candidate Fiji School of Medicine and spent Redley Killion, who finished in third most of his time at Kosrae District place, a revote was conducted for that Hospital as a staff surgeon. Ismael polling station, but the result remained represented Kosrae in the 1975 Micro- the same. A runoff was held between nesian Constitutional Convention in the two remaining gubernatorial Saipan. At the convention, he was a candidates, Gillian Doone and sitting strong advocate for national unity in Governor Wesley Simina; the incum- Micronesia and for a federal system bent retained his seat. In spite of an of government to protect the interests ongoing post-runoff legal challenge by and rights of the constituent states. Doone’s campaign, Simina was sworn During the political education for the in shortly after the election commis- draft constitution, Ismael emerged as sion certified the results. Eventually, a strong voice for approval. In 1987, Doone’s legal challenges—which the FSM Congress elected Ismael alleged, among other things, that as the third FSM vice president. He the election commissioners were not served one term and returned home. independent, that Simina’s campaign In Kosrae, Ismael again took up his bought votes, that poll workers cast profession as a staff physician in the ballots for individual voters or handed public hospital. Ismael is survived by voters pre-marked ballots, and that his wife, children, and grandchildren the certified result did not match that (fsmis 2008a). which the tabulators reported pub- Resio Moses passed away on 22 licly—were dismissed by the supreme June 2009 at the Pohnpei State Hos- court. If anything, this year proved pital. He was the vice speaker of the once again that the incumbents still FSM Congress when he died. Moses hold an edge in FSM elections. graduated from the University of This March 2009 election was Akron in Akron, Ohio, and served as different from previous congressional a member of the House of Representa- elections. For the first time, outside tives of the Congress of Micronesia. election observers representing the He was appointed district administra- Asia Pacific Democracy Partnership tor of Ponape (now Pohnpei) before were present at polling places in three the Trust Territory high commissioner of the four states. The team of observ- appointed him to head a department ers issued a terse postelection report in the Trust Territory government. congratulating the people for an elec- When the Federated States of Micro- tion free of violence as well as for the nesia attained self-government in high voter turnout, but as of the end 1979, Moses returned to Pohnpei and of the review period their final report became president of the Community had not been released. College of Micronesia (now College of Two of the Federated States of Micronesia). After a short stint with Micronesia’s finest public servants the college, Moses was elected gover- passed away during the review period. nor of Pohnpei state. He served two 130 the contemporary pacific • 22:1 (2010) four-year terms as governor. Moses for Historic Preservation and Consultation subsequently served as FSM ambassa- Conference. Office of nach/fsmis, Palikir, dor to the United Nations and secre- Pohnpei, 13 August. http://www.fsmgov tary of foreign affairs. He was elected .org/press/pr081308.htm to the FSM Congress in 2003 and ———. 2009a. President Mori Delivers the won reelection in 2007. He was the State of the Nation Address before Con- vice speaker of the 14th and the 15th gress. Palikir, Pohnpei, 14 May. http:// FSM Congresses. He is survived by his www.fsmgov.org/press/pr051409.htm wife, four children, and grandchildren ———. 2009b. Public Law Updates (Kaselehlie Press 2009). from 7th Special Session of the 5th FSM john r haglelgam Congress. Press Release 0509-12. Palikir, Pohnpei, 6 May. http://www.fsmpio.fm/ ARCHIVES/RELEASES/2009/may.html References ———. 2009c. Second Update: unof- FSM Constitution. Available online via the ficial Election Results for the FSM Web site of fsmlaw, Legal Information National Election 2009. Press Release System of the Federated States of Microne- 0309-15, Palikir, Pohnpei, 12 March. sia: http://www.fsmlaw.org/fsm/ Haglelgam, John R. 2009. Micronesia in constitution/ Review: Issues and Events, 1 July 2007 fsmis, FSM Information Services. 2006. to 30 June 2008: Federated States of Presidential Order 30 Establishes FSM Micronesia. The Contemporary Pacific Infrastructure Committee. Palikir, Pohnpei, 21:114–118. 18 August. Kaselehlie Press. 2009. FSM Founding ———. 2008a. FSM Mourns the Passing Father Resio Moses dies at 65. 8 July of Former Vice President Ismael. Palikir, (9:16). Pohnpei, 1 August. http://www.fsmgov Meller, Norman. 1985. Constitutional- .org/press/pr080108.htm ism in Micronesia. Lë‘ie: The Institute ———. 2008b. Presidential Order No. 30 for Polynesian Studies, Brigham Young Amended. Palikir, Pohnpei, 10 September. University–Hawai‘i. http://www.fsmgov.org/press/pr091008 .htm ———. 2008c. Representatives of the Guam National Government Participate at the 3rd Annual Mortlocks Leadership Confer- During a year in which most of the ence. Department of Foreign Affairs Press world experienced a major economic Release, 6 August. http://www.fsmgov downturn, Guam’s political and .org/press/pr080608.htm economic focus was concerned with ———. 2008d. Twenty-One Candidates what promises to be a major boost to Are Certified for the 2009 Congressional the economy yet comes with attendant Elections. Office of the National Elec- political and social consequences. To tions Commission. Kolonia, Pohnpei, buttress the previously announced 6 November. http://www.fsmgov.org/ relocation of several thousand marines press/pr110608.htm and their families from Okinawa to ———. 2008e. Vice President Alik L. Alik Guam, Secretary of State Hillary Clin- Addresses the Micronesian Endowment ton traveled to Japan to sign an agree- pol i t ical reviews • micronesia 131 ment with Japanese officials to formal- crisis is having a significant impact on ize the move (kuam, 17 Feb 2009). travel around the world and we just On Guam, announcements were need to be a little bit smarter about made of expenditures or contracts how we are going to be able to push signed as part of the US Department tourism in our core markets” (kuam, of Defense’s $10 billion in projected 18 March 2009). spending for the relocation (kuam, 15 In April 2009, First Hawaiian Bank Oct 2009). Overall, military construc- issued its economic forecast for Guam tion spending on the island acceler- noting that, despite difficulties in the ated, which in part compensated for tourist industry, the island stands the decrease in tourism resulting from out as one of the few economies in the worldwide economic downturn the world that has a brighter future, (Bradley 2009). primarily due to the massive military Throughout 2008 and early 2009, buildup. The bank’s economic adviser, tourism arrivals declined from Guam’s Dr Leroy Laney, stated, “The coming principal market, Japan. An April military buildup occupies center stage 2009 report from the Guam public on Guam in 2009. It is assured that auditor pointed out that Japan’s 2008 the buildup will come, and parts of arrival numbers were even lower than it are already underway, even though in 2004 when the tourist industry was some uncertainty still exists as to the recovering from two super typhoons exact timing of the transfer” (kuam, and coping with the impact of the 28 April 2009). Asian sars epidemic. Visitor arriv- Uncertainty about the buildup, als from other Asia-Pacific markets though, troubled many island leaders also declined in 2008, and the report and activists, particularly with respect characterized prospects for tourism to infrastructure, environmental, and in 2009 as “bleak” (kuam, 13 April social considerations. Many of these 2009). On the other hand, Guam concerns were voiced in a number of Visitors Bureau (gvb) board chair- forums, including a series of oversight man Dave Tydingco stated that gvb hearings conducted by Senator Judi officials were surprised to see that Guthertz, chair of the legislature’s arrivals from Japan had been rising Committee on the Guam Military recently. Among the reasons given for Buildup and Homeland Security the upturn was the strengthening of (kuam, 3 March 2009). The University the yen and the reduction in the fuel of Guam (uog) also held symposiums surcharge, which decreased the cost featuring speakers on the buildup. In of airfare. However, with respect to November 2008, the uog College of Guam’s other major market, Korea, Liberal Arts and Social Sciences, along visitor numbers remain challenging as with Sanctuary, Incorporated, hosted a that country’s currency, the won, lost discussion about the military buildup 30 percent of its value against the US for students and island residents (PDN, dollar. Tydingco said, “We are hoping 21 Nov 2008). At a uog symposium that with the stabilization of the Japan in April 2009, Dr Catherine Lutz of market the summer months are look- Brown University led a presentation ing better but this global financial entitled “U.S. Military Basing and Its 132 the contemporary pacific • 22:1 (2010)

Impact on Local Communities and “Obviously we’re not too happy about Global U.S. Strategy” (kuam, 13 April [the] idea that the budget we submit- 2009). Another symposium featured ted has yet to be entertained. But the Meio University’s Kiyoshi Nakachi reality is that a lot of the things we and focused on Okinawa’s experiences submitted in the 2010 budget are in hosting US military forces (kuam, specifically to meet the demands of the 15 April 2009). military buildup. There’s substantial The US Department of Defense amount of money for the port, dpw indicated that it needed more land [Department of Public Works], and for than previously estimated for the various agencies that need to beef up buildup of troops and was exploring their infrastructure prior to the mili- the possibility of leasing Government tary beginning the construction. We’re of Guam (GovGuam) property (kuam, still pushing that the 2010 budget 17 Feb 2009). In February 2009, we submitted will be entertained, but Senator Benjamin J F Cruz introduced as [the] governor stated he is disap- legislation to allow Guam voters pointed by the lack of interest or to decide whether they support the movement by the federal government” buildup; only after public consent is (kuam, 21 Dec 2008). given would a determination be made Indigenous rights groups also as to whether the government should voiced their concerns on the mili- lease land to the military. In this same tary buildup and a number of other vein, Senators Rory Respicio and issues. In October 2008, the Chamoru Judi Guthertz raised concerns about Summit II was held, with the theme accessibility of US funding to deal “Mina‘dos na Huntan Manamoru: with the expected strains on Guam’s Huntan i Manamoru ni‘ Pumetsisigi civilian community from the projected Dinitetminan Maisa (Chamoru Sum- expansion of military activity. They mit II: A Meeting of the Chamoru cited an e-mail from Enrique Manza- People Working towards Self-determi- nilla, director of the Pacific Southwest nation).” The forum brought together Communities and Ecosystems Division more than fifty Chamorro professors of the US Environmental Protection and students to learn about effective Agency’s Region 9, expressing con- Chamorro leadership and self-deter- cerns “that there is no commitment of mination. The chair of the summit’s funds to address the civilian impacts planning committee, Chamorro rights of the military buildup” (kuam, 2 activist Lisa Natividad, stated that Dec 2008). This same concern was the event had two goals: to teach echoed by members of the governor’s younger generations of Chamorros Civilian / Military Task Force, which the meaning of self-determination, is leading the government’s response and to create functional commit- to the buildup. Task force member tees. The different committees “are Tony Lamorena said that despite specific to educational strategies on Guam’s 2010 request for funding for Chamoru self-determination[;] there’s the military buildup, there had been a second one on rethinking education no response from the federal authori- for Chamorus, [and] one on a legal ties, so prospects look dim. He stated, committee looking at developing legal pol i t ical reviews • micronesia 133 strategies for achieving self-determi- In October 2008, Chamorro nation,” as well as to revitalize the activists demonstrated and testified Chamorro Registry (kuam, 25 Oct at the Guam Legislature in support 2008). (The Chamorro Registry is an of an indigenous fishing rights bill. election roll maintained by the Guam Maga‘håga (the highest-ranking Election Commission. At some point, female) Trini Torres of the Taotao- the Government of Guam will hold a mona Native Rights Group stated self-determination vote or a plebiscite their goal was to restore native rights on the island’s future political status; to fish in Guam’s waters (kuam, 31 those eligible to vote on this issue are Oct 2008). The bill, sponsored by the indigenous natives of Guam—the Senator Judi Guthertz, was passed Chamorros.) Another organizer of the unanimously by the legislature in summit, former Senator Hope Cris- December (kuam, 23 Dec 2008). The tobal, noted that the issue of decolo- new law mandates that the Depart- nization was also addressed, with ment of Agriculture and a fishing task forces created to cover the status council made up of grassroots organi- options of statehood, free association, zations develop rules to allow indig- and independence. Cristobal explained enous fishermen to practice traditional that this was done because there is forms of fishing within the preserves. a need to continue public discussion However, in June, Acting Director of about these status options and to Agriculture Joe Torres claimed that the make up for the lack of political dis- new law is too ambiguous to imple- course on this issue. It was also noted ment at this point. Torres questioned, that the increasing pace of the mili- “What constitutes a Chamorro tary buildup may make it difficult for grassroots organization? Who has Chamorros to exercise self-determina- the power to select an indigenous tion. Organizers explained that they taskforce committee?” Torres said hoped to hold summits periodically to that senators Rory Respicio and Judi present new findings and information Guthertz are currently working on to the community (kuam, 25 Oct drafting legislation that would clarify 2008). these points (kuam, 27 June 2009). The military buildup was also Also in June, according to Senator one of the principal concerns in May Respicio, the Association of Pacific 2009, when the island’s youth along Island Legislatures, comprising legisla- with various grassroots organiza- tors from Micronesia, Hawai‘i, and tions came together for the “Reclaim American Sëmoa, adopted a resolution Guåhan: Chule‘ Tatte Guåhan” youth in support of the Chamorro indig- rally. The event took place at Skinner enous fishing rights law (pers comm, Plaza in Hagåtña and was organized June 2009). to provide an outlet for “education, The attention to Chamorro fishing expression and empowerment.” It also rights in many ways paralleled broader featured poetry, local bands, art, film Guam community concerns about the showings, and opportunities to talk rising cost of living. As with communi- about the island’s present and future ties worldwide, the price of gas and (kuam, 23 May 2008). electricity was of great concern, par- 134 the contemporary pacific • 22:1 (2010) ticularly as the price of regular grade timeline, Judge Tydingco-Gatewood gasoline reached $5 per gallon at one ordered the Government of Guam to point in 2008. The 70 percent fall in provide the financing for the construc- world oil prices from July to Decem- tion of the new landfill. However, ber 2008 saved island consumers more the Camacho administration and than $2 per gallon by the end of 2008 the Guam Legislature continued to (PDN, 1 Jan 2009). On the other hand, disagree on the final bond legislation, the Guam Power Authority’s electric- and, as a result, Tydingco-Gatewood ity rates did not keep pace with the issued a further court order requir- drop in gas prices, though consumers ing GovGuam to deposit $1 million were seeing reductions in their power per week in a special fund to finance bills by mid-2009 (kuam, 21 April the landfill project until an acceptable 2009). Overall, purchasing power by bond financing measure was in place Guam’s consumers went down over (kuam, 22 Feb 2009). By June, Gov- the past year (PDN, 1 Jan 2009). Guam had sold $474 million in bonds One infrastructural problem that not only to finance the new landfill remained at center stage of public but also to pay past-due income tax discussion throughout the year was refunds and cost-of-living allowances Guam’s sole civilian landfill. This issue for retirees (kuam, 15 Jun 2009). has been in court for years as the fed- The two main issues confronting eral government sued the Government the Guam Public School System this of Guam for failing to close the Ordot year were selecting a third superin- landfill and to open a new permitted tendent to head the department in the facility. Early in 2008, US District past three years and finding a home Court Judge Frances Tydingco-Gate- for the students of John F Kennedy wood placed the DPW Solid Waste (jfk) High School. jfk High School Management Division in receivership, was closed last year when it was citing GovGuam inaction on the mat- deemed unsafe, and the entire school ter. In October, the court-appointed operation was transferred to George receiver released a timetable for con- Washington High School in Mangi- structing a new landfill in Inaråjan in lao. The two schools were forced to southern Guam (PDN, 1 Jan 2009). The share the same campus, necessitating site selection has been controversial double sessions (PDN, 1 Jan 2009). and opposed for some time by Guam As an interim solution to finding a legislators and other concerned resi- new home for jfk High School, the dents of Guam, especially those in the Camacho administration negotiated a south, because of environmental con- one-year lease with Core Tech Inter- cerns including possible contamination national Corporation for a warehouse of a nearby water supply (kuam, 3 near the airport. The deal called for Feb 2009). Another site, authorized $4.5 million in lease payments plus by prior legislation, was preferred by an additional $3.9 million for desks, several senators who also objected to chairs, and other equipment. This was the high cost of the receiver’s plans for approved by the authorizing statute the new landfill (kuam, 21 Nov 2008). passed in June, which also provided Early in 2009, based on the receiver’s that these payments could be covered pol i t ical reviews • micronesia 135 by the issuance of tax credits. Public tion were Republicans Mark Forbes, schools are scheduled to open by 11 Frank Ishisaki, and Jesse Lujan, and August, and Core Tech spokesman Democrat David Shimizu. Two of their Joshua Tenorio said the next step is to replacements were returning senators, order the necessary school equipment Democrats Frank Aguon Jr and Tom so that it will be on hand for the start Ada. The other two were newcomers of classes (PDN, 27 June 2009). Republican Telo Taitague and Demo- As a permanent solution, the crat Matt Rector, the president of the government is moving forward with Guam Federation of Teachers (gec constructing a new jfk High School. Web site). Voters also rejected, for the Camacho administration officials third time, an initiative to authorize have stated that the contract signing casino gambling at Guam Greyhound and ground breaking for the project is Park. The proposal received 13,735 set for August, with actual construc- “yes” votes and 19,449 “no” votes. tion expected to be finished in nine Within days of the defeat, Guam months. If this holds, jfk students can Greyhound itself was closed due to expect to have their graduation cer- ongoing losses in its operations (PDN, emony for the coming term in the new 1 Jan 2009). school, according to Dr Nerissa Breta- Guam leaders also saw new oppor- nia-Shafer, who was selected to fill tunities with the election of President the superintendent slot in July 2008 Barack Obama. Shortly after his (PDN, 27 June, 1 Jan 2009). In other inauguration, the Guam Legislature education news, the Western Associa- adopted a resolution setting out an tion of Schools and Colleges renewed “Agenda of Concerns for Guam on the accreditation for the University of Federal-Territorial Issues” to present Guam for another eight years, and the to the new president and the incoming prospect of new construction at the US Congress. Among the issues listed university with federal stimulus funds were the following: recognition of the was actively discussed (uog, May Chamorro right to self-determination; 2009; kuam, 24 Jan 2009). improved political status; funding of In the 2008 general election, voters capital infrastructure to deal with the on Guam went to the polls to choose costs of the military buildup; World a new legislature as well as to select War II reparations; establishment of mayors, school board members, and a Guam-only visa waiver program the public auditor (gec Web site). The for visitors from the Philippines and previous legislature had changed from China; reimbursement for the adverse Republican to Democratic control impact of the Compacts of Free Asso- mid-term when a Republican sena- ciation on local health, education, and tor who passed away was replaced public safety; the return of ancestral by a Democrat in a special election Chamorro lands; exemption from that produced an 8 to 7 Democratic the Jones Act, which requires island majority. In November 2008, voters use of US shipping and consequently increased the Democratic majority increases the cost of living; investi- to 10 seats in the 15-member body gation of cases of island victims of (PDN, 1 Jan 2009). Ousted in the elec- military radiation poisoning; cleanup 136 the contemporary pacific • 22:1 (2010) of environmental hazards attributed to the Guam Congress was a purely advi- federal activity; and increased partici- sory body, with all executive, legisla- pation in existing federal programs tive, and judicial power resting in the (Guam Legislature Web site). As 2009 hands of the island’s naval governor. progressed, movement was made on The protest, which received national some of these issues, especially war publicity, is credited with prompting reparations (PDN, 27 June 2009). Addi- the passage of the Guam Organic Act tionally, the Obama administration by the US Congress, which ended the was moving to appoint a Chamorro, naval government, granted Chamorros Anthony “Tony” Babauta, as assistant US citizenship, and ushered in demo- secretary of interior for insular affairs cratic self-government for the people (kuam, 10 March 2009). of Guam. Taitano was also hailed as a As one local election wrapped up, leader in the revitalization of indig- island politicians started preparing for enous culture in Guam and as a strong 2010, a gubernatorial election year. advocate for Chamorro self-determi- Former Governor Carl Gutierrez and nation. He was given a state funeral Senator Frank Aguon Jr announced with eulogies by former Governors that they were seeking the Democratic Paul M Calvo and Carl Gutierrez as nomination for governor and lieuten- well as former US Congressman Rob- ant governor, respectively. Gutierrez ert Underwood (kuam, 4 April 2009). was governor from 1995 to 2002, and Legislation has also been introduced to Aguon was the party’s nominee for rename the Guam Congress Building lieutenant governor in 2006 (kuam, (gcb), where the 1949 walkout took 18 March 2009). On the Republican place, as the Speaker Carlos P Taitano side, Senator Eddie Baza Calvo, son of Building (kuam, 27 March 2009). former Governor Paul Calvo, made a Other Guam leaders who passed away formal announcement of his guberna- during the year were former Agana torial bid with Senator Ray Tenorio, Heights Mayor Juan Pangelinan, who was rumored to be his running former Mangilao Mayor Jesus Santos, mate (kuam, 1 May 2009). Still to former Senator Sonny Shelton, pioneer jump in the race was Republican businessman Ken Jones, and longtime Lieutenant Governor Mike Cruz, who newspaper editor and columnist Joe had not publicly stated his intentions Murphy (Guam Legislature Web site). as of June 2009. There is speculation kelly g marsh and that Senator James Espaldon may be tyrone j taitano his running mate. Among the Guam statesmen who passed away during the year in review Un dangkolo na si Yu‘os ma‘åse was former Speaker Carlos P Taitano, (thank you) to Lisa Natividad and who died of natural causes at the age Shannon Murphy for providing input of ninety-two on 26 March 2009. and insight regarding events on Guam Taitano was most well known as one during the period under review. We of the architects of the Guam Con- also thank Shannon Murphy for gress walkout in 1949 to protest US reviewing an earlier version of this Naval Government rule. At that time, article. pol i t ical reviews • micronesia 137

References thirteen other udp members, includ- ing former President and current Bradley, Joseph. 2009. Presentation given Jabat Senator Kessai Note, signed at the Association of Pacific Island Legisla- the motion, although in entering the tors General Assembly held in Pohnpei, Federated States of Micronesia. June. motion they acknowledged that they lacked the minimum seventeen votes gec, Guam Election Commission Web site. needed to unseat Tomeing. Among http://gec.guam.gov/results/ the list of reasons for the motion, the Guam Legislature Web site. http://www United Democratic Party cited deterio- .guamlegislature.com/ rating relations with the United States, kuam, kuam.com: Guam’s News the inaction on the part of the Tome- Network. http://www.kuam.com/ ing government to respond adequately to the recent loss of jobs for Marshal- PDN, Pacific Daily News. Hagåtña, Guam. http://www.guampdn.com/ lese citizens at the US Army base on Kwajalein, failing to support a bill in uog, University of Guam Web site. the US Senate that would have ear- http://www.uog.edu/ marked $4 million per year for the next fifteen years for health services to Marshallese from nuclear-affected atolls, and the administration’s Marshall Islands “refusal” to move forward with the The past twelve months in the Repub- newly approved Uliga Elementary lic of the Marshall Islands (RMI) have School (Chutaro and Johnson 2008). been characterized both by the break- According to the RMI constitu- ing of new political ground—including tion, the Nitijela must vote within five two votes of no confidence, cabinet to ten days after the submission of a shake-ups, and emerging diplomatic no-confidence motion, regardless of prospects—and by the reappearance whether or not Parliament is in ses- of entrenched electoral, fiscal, and sion during that time. Sensing that the demographic challenges. United Democratic Party did not have Certainly the most highly antici- the votes necessary to prevail, Speaker pated and watched political events of Jurelang Zedkaia, a ruling aka party the last year were the two votes of no member, convened the Nitijela on 21 confidence filed against the adminis- October; after preliminary opening tration of President Litokwa Tomeing, remarks, udp chairman Ailinglaplap heading a coalition government led Senator Ruben Zachras withdrew by the Aelon Kein Ad (aka) majority the motion. The United Democratic party, within his first fifteen months Party was further embarrassed by the in office. The first no-confidence vote absence of one of the original sign- was introduced to the Nitijela (Parlia- ers of the motion, Majuro Senator ment) by Ebon Senator John Silk of Wilfred Kendall, who later explained the opposition United Democratic that he failed to attend the meeting Party (udp) on 14 October 2008, the as he thought the vote would fail last sitting day of the year’s parlia- anyway. While significant as only the mentary session. In addition to Silk, third no-confidence motion in RMI 138 the contemporary pacific • 22:1 (2010) history, this motion was also the first the removal of deBrum as minister to be withdrawn before a vote was (Johnson 2009b). taken (Johnson 2008c; Yokwe Online When the Nitijela reconvened 2008c). its session on 10 March, deBrum The fourth no-confidence motion, promptly took his usual ministerial however, proved to be much more seat next to the president. Prior to provocative as well as more personal, the start of the assembly, however, both for the president and for a deBrum was approached by the number of his cabinet members. The Nitijela clerk and asked to attend a events leading up to the vote of no private meeting with Speaker Jurelang confidence of 18 April 2009 began Zedkaia and Minister in Assistance two months earlier, when Minister of and Ailinglaplap Senator Christopher Foreign Affairs and Kwajalein Sena- Loeak. Reentering the chamber after tor Tony deBrum publicly criticized ten minutes, deBrum quickly gathered President Tomeing in an open session his things and left the Nitijela before of Parliament on 4 February. Citing a the start of the roll call, during which lack of confidence in the president’s he was addressed as “Senator” rather ability to negotiate successfully with than “Minister” (MIJ, 2009e). the United States on the Kwajalein After two weeks of political dead- Land Use Agreement (lua), deBrum lock and internal wrangling in the also took a swipe at the president’s president’s own party, President Tome- closest political advisers and described ing named udp party member Sena- a “cancer in this government” (MIJ, tor John Silk as the new minister of 2009l). foreign affairs on 23 March, marking On 25 February, President Tomeing the first time an opposition member sacked deBrum as minister of for- was appointed to the president’s cabi- eign affairs in response to the public net. Three days later, on 26 March, comments made three weeks earlier, the Nitijela session was again canceled and the president assumed the foreign indefinitely. The next day, a vote of no affairs portfolio in the interim (John- confidence was submitted by Kwaja- son 2009f). That same day, a letter lein senators Iroij Mike Kabua and signed by the fifteen members of the Tony deBrum, along with five other ruling aka party, including the entire members of the governing party, forc- cabinet except for the minister of ing Tomeing to cancel an extended trip transportation and communications, to Hawai‘i and Fiji (Johnson 2009e). Mejit Senator Dennis Momotaro (who The confusion surrounding the was off-island at the time), was sent first time a vote of no confidence was to the president’s office, fervently filed against a president by members calling for deBrum’s reinstatement of his own party led to weeks of in the cabinet. As a result of the rift public speculation as to who would within the ruling party, the Nitijela replace Tomeing as president. Much session was suspended indefinitely, at of this speculation was fueled by the the request of the president’s office, so country’s only print media outlet, that the Speaker could make appropri- the Marshall Islands Journal, which ate seating arrangements reflecting reported on several occasions that pol i t ical reviews • micronesia 139 the members of the ruling party had ministers with members of the opposi- enough votes to topple Tomeing and tion udp party: Minister in Assistance promptly endorsed Minister of Health Christopher Loeak was replaced by and Utrik Senator Amenta Matthew, Ailinglaplap Senator Ruben Zach- the Parliament’s only female member, ras; Minister of Transportation and as the next president (MIJ, 2009d). Communications Dennis Momotaro For his part, Senator Mike Kabua was was replaced by Rongelap Senator reported to favor Speaker Zedkaia as Kenneth Kedi; Minister of Resources the next president (MIJ, 2009h); the and Development and Ujae Senator aka party leadership, however, was Frederick Muller was replaced by quick to criticize the “what-if” sce- Namdrik Senator Mattlan Zachras; narios the Journal had been running and Minister of Public Works and Mili for three weeks, stating that the party Senator Kejjo Bien was replaced by leadership had not yet decided on a Ailuk Senator Maynard Alfred (John- replacement for Tomeing (MIJ, 2009a). son 2009a). By the time of the vote, however, all On the day of the no-confidence of the conjecturing as to who would vote, Speaker Zedkaia again tried to replace Tomeing proved unwarranted, delay the proceedings by citing the as he rather convincingly survived the confusion surrounding the official vote. But Tomeing’s victory did not seating of the new cabinet ministers. come before a minor constitutional After an hour and forty-five minutes crisis was initiated by Speaker Zed- of debating whether or not to proceed kaia, who set the date for the vote for with the vote (which included a dis- 22 April, ten “sitting” days after the cussion of the Speaker’s housewarm- official motion was filed in Parliament. ing party that evening as a reason Since the original proposal of no con- to delay the procedure), the Speaker fidence was “pre-filed” by the original announced that the motion would seven signers of the motion when move forward (Johnson 2009a). Once the Nitijela was not in session on 27 the vote was taken, Tomeing survived March, its official submission did not by a vote of 18 to 14, securing his happen until 8 April, after Parliament political authority for perhaps the first had reconvened. On the evening of time in his administration. 17 April, the high court chief justice The ability of Tomeing to endure ruled that the constitution was clear and prevail over an unprecedented that a vote of no confidence must take two votes of no confidence was vital place within five to ten calendar days to the ability of his administration to of its submission—not parliamentary govern, coming into power as it did “sitting” days as Speaker Zedkaia had after the 2007 election (what many argued—meaning that the last day for consider to be the worst-run elec- the vote was the next day, Saturday, tion in RMI history). As one of his 18 April (MIJ, 2009g). first acts as president, Tomeing had The same day of the high court called for the establishment of an ruling, and one day before the no- independent commission of inquiry to confidence vote, Tomeing made a bold evaluate the 2007 election and make move by replacing four more cabinet recommendations for future elections. 140 the contemporary pacific • 22:1 (2010)

On 12 August 2008, the commission’s emergency in order to find ways to findings were made public in its report overcome an estimated $18 million to the Nitijela. The report laid the shortfall in revenue for the utility com- blame for the electoral mess squarely panies on Majuro and Ebeye, as well at the feet of Jaluit Senator Rien Mor- as to secure an immediate $8.5 million ris, who had been minister of internal in order to purchase the next shipment affairs at the time, criticizing him for, of fuel from the country’s supplier, among other things, interfering in the sk Networks. As part of the admin- Public Service Commission (psc) selec- istration’s response to the emergency, tion committee’s hiring process for the the government instituted a freeze on position of chief electoral officer. The spending from the general fund and report argued that Morris’s meddling reallocated resources toward the next in psc affairs led to the appointment payments on fuel (MIJ, 2008b). Addi- of the relatively inexperienced Carl tionally, the rise in world food prices Alik over the selection committee’s hit the country so hard that the Con- comparatively more qualified choice sumer Price Index noted a 33 percent for the position (Johnson 2008d). increase in the cost of food (Yokwe In addition to pointing the finger at Online 2008b). The government and Morris and Alik, the commission of local businesses also cited the alarming inquiry’s report also laid out nineteen rate at which a twenty-pound bag of recommendations for future elections, rice, a local staple, had risen from $7 including making election day a public per bag to over $16 per bag in 2008 school holiday in order to use school alone. The government responded by facilities as polling stations; ensuring exempting imported rice, milk, flour, that election day falls on a Tuesday or poultry, and fruits and vegetables from Wednesday in order to have adequate the import tax. On 17 August, in the preparation time instead of the cur- midst of the economic crisis, the gov- rent election day of Monday, which ernment acted on a recommendation leaves little time to set up on Sunday, from the National Disaster Committee a customary day of rest; establishing and extended the state of economic an independent five-member election emergency an additional thirty days commission charged with selecting (MIJ, 2008b). After seeking consulting the chief electoral officer; and provid- assistance from the Asian Develop- ing greater transparency regarding ment Bank in September, the fuel crisis the counting of postal ballots, as well seemed to dissipate as world oil prices as an advanced deadline for ballots dropped from a high of $150 a barrel by mail so that they may be counted to under $80 a barrel by mid-October. earlier (coi 2008). By March 2009, the Consumer Price Meanwhile, the Tomeing govern- Index for food items had declined 15.1 ment was also busy dealing with a percent since the state of economic variety of fiscal issues that hit the emergency period in September (eppso Marshall Islands hard in the wake 2009), and the economic crisis seemed of the world economic crisis. On 3 to have been resolved. July 2008, the government declared The near-collapse of the US and a thirty-day state of economic global financial markets, however, pol i t ical reviews • micronesia 141 brought a separate set of challenges. landowners to establish a formal With the severe drop in stock market agreement by 17 December 2008 (the prices in September 2008, the Mar- five-year anniversary of the second shall Islands Social Security Admin- Compact of Free Association) over use istration lost $2.1 million, most of it of the atoll for US military purposes over the course of only a few days, in order to access the $20 million of while the two Bikini trust funds lost US rental payments held in escrow. 11.3 percent and 9.4 percent, respec- However, with no agreement immi- tively. The biggest hit was taken by nent between the government and the the RMI Trust Fund, which lost over landowners, and under threat of losing $20 million, or 25 percent of its value, the rent money as it would be perma- in 2008 (MIJ, 2009k; Yokwe Online nently returned to the US Treasury, 2008a). While the trust fund cannot President Tomeing wrote a letter in be accessed until the second Compact late November to then-US President of Free Association with the United George W Bush asking for an exten- States expires in 2023, there is a worry sion of the deadline. On 16 December, that the extent of current losses will one day before the deadline, Bush be difficult to overcome should the granted Tomeing’s request for an Marshall Islands need to utilize those indefinite extension in order to pro- funds in the future. duce a new Land Use Agreement, and In February 2009, the government the rent money was kept in escrow. also reported a 30 percent decrease While Tomeing publicly declared he in income taxes collected during the was optimistic about a new agree- first quarter of fiscal year 2009 (MIJ, ment, his then-Minister of Foreign 2009j). This loss of tax revenue addi- Affairs Tony deBrum stated, “no lua tionally reflected the series of job cut- is in sight” (Johnson 2008a). In Febru- backs initiated by the Kwajalein Range ary, at the Kwajalein Liberation Day Services in February 2008, which ceremonies, Iroij Imata Kabua, the continued into 2009 and resulted in a most powerful Kwajalein landowner, 15 percent reduction (approximately reiterated his stance that there would 300 jobs) in employment for Marshal- be no new agreement under the cur- lese workers (Johnson 2008b). rent provisions of the compact (MIJ, The situation in Kwajalein seemed 2009f). to exacerbate apparently strained Meanwhile, as official RMI and US relations between the Marshall Islands relations seemed to be on the mend and the United States, as President after the lua deadline extension was Tomeing and US Ambassador Clyde granted, the Marshall Islands still had Bishop engaged in a public back and no official ambassador to the United forth dialogue that hinted at criticism States. Originally appointed in April of the other side’s refusal to cooper- 2008, the RMI nominee, Ben Graham, ate (MIJ, 2008c). The focus of this was unacceptable to the US State debate soon settled once again on the Department. The department objected Land Use Agreement (lua) in effect to Graham’s dual RMI-US citizenship, for Kwajalein. The compact required citing the complexities of recognizing the RMI government and Kwajalein a US citizen as a foreign diplomat. 142 the contemporary pacific • 22:1 (2010)

In early August, then-Foreign Affairs ters. With Majuro as the location of Minister Tony deBrum brought the the pna Secretariat, RMI government issue up with then-US Secretary of officials hope that investment in the State Condoleezza Rice (MIJ, 2008d), regional fishery agency will have a but on 20 August, the State Depart- direct economic effect on the capital, ment officially rejected Graham unless as well as give the Marshall Islands a he would agree to relinquish his US more influential voice within the orga- citizenship (MIJ, 2008a). In early nization (Johnson 2009d). Majuro March 2009, in a surprise move, US will also play host in July 2009 to the Ambassador Clyde Bishop abruptly Micronesian Presidents’ Summit, as announced his retirement from diplo- well as the Micronesian Chief Execu- matic service effective April 30, leav- tives’ Summit. ing his post in the Marshall Islands A pair of government reports eight months early (MIJ, 2009c). In released in June 2009 may dampen July, US President Barack Obama the mood in the Marshall Islands, nominated Martha Campbell, who as the population in the capital, had helped establish the first US repre- Majuro, increased dramatically at sentative office in the Marshall Islands the same time that the numbers of shortly after the implementation of one-way departures to the United the first Compact of Free Association States jumped sharply in 2008. The in 1987, as Bishop’s replacement (MIJ, Marshall Islands Journal reported on 2009i). For the time being, however, a survey published by the Economic official diplomatic representation for Policy, Planning and Statistics Office the Marshall Islands and the United (eppso), part of the RMI President’s States remains characterized by tem- Office, which described a 25 percent porary embassy delegations in both increase in both people and house- Majuro and Washington dc. holds in Majuro Atoll in the past Internationally and regionally, decade. The report allegedly states however, the Marshall Islands has that the population in the capital has spent the past year burnishing its dip- increased by 8,000 individuals, with a lomatic credentials, most notably (and concurrent increase of approximately popularly) by taking part in its first 1,100 households. The immediate official Olympic Games in Beijing in implication of this unprecedented August 2008. While no RMI athletes growth for the atoll has been exacer- earned medals in the games, the act bated by a current water shortage, as of participation was a point of pride a similar percentage of households (26 for the Marshallese. In November, the percent) have been reported as lacking United Nations opened its first three water catchment facilities (Johnson agency offices in Majuro, represent- 2009c). In a separate report based ing the undp, unicef, and unfpa on US Department of Transportation (Johnson 2008e). Perhaps the most statistics, the Economic Policy, Plan- important development came in May ning and Statistics Office reported that 2009, when members of the Parties to the number of Marshallese leaving the the Nauru Agreement (pna) selected Marshall Islands permanently in 2008 Majuro as the pna regional headquar- (1,503) was triple the number in 2007 pol i t ical reviews • micronesia 143 and the highest since 2001. The report ———. 2009d. Regional Fisheries Office blamed the rise in fuel and food costs for Majuro. Marshall Islands Journal, 29 for the growing number of departing May. Marshallese. The long-term implica- ———. 2009e. RMI on Hold. Marshall tions for the country of the high level Islands Journal, 3 April. of out-migration remain to be seen ———. 2009f. Tony’s Out. Marshall (MIJ, 2009b). Islands Journal, 27 February.

david w kupferman MIJ, Marshall Islands Journal. 2008a. dc Out for Ben. Marshall Islands Journal, 22 References August. ———. 2008b. Emergency Extended. Mar- Chutaro, Suzanne, and Giff Johnson. shall Islands Journal, 22 August. 2008. Jelke Vote. Marshall Islands Journal, 17 October. ———. 2008c. Litokwa Calls For More US Dialog. Marshall Islands Journal, 25 coi, Commission of Inquiry into the 2007 July. General Election. 2008. Final Report and Recommendations. Majuro: Republic of ———. 2008d. Tony Pushes US on Ben’s the Marshall Islands. dc Job. Marshall Islands Journal, 8 eppso, Economic Policy, Planning and August. Statistics Office. 2009. Republic of the ———. 2009a. “100% Untrue Article.” Marshall Islands Consumer Price Index. Marshall Islands Journal, 17 April. Republic of the Marshall Islands. http:// www.spc.int/prism/country/mh/stats/.../ ———. 2009b. 1500 Leave RMI in 2008. CPI/2009/CPI_Q1_09.pdf Marshall Islands Journal, 26 June. Johnson, Giff. 2008a. Bush Puts Out the ———. 2009c. Ambassador to Leave Fire. Marshall Islands Journal, 19 Decem- Service. Marshall Islands Journal, 6 March. ber. ———. 2009d. Amenta for President. ———. 2008b. Kwaj Jobs Disappear. Marshall Islands Journal, 3 April. Marshall Islands Journal, 25 July. ———. 2009e. Gripping Episode of the ———. 2008c. No Confidence Motion Tony Show. Marshall Islands Journal, 13 Fizzles. Marshall Islands Journal, 24 March. October. ———. 2009f. Imata Stands Firm on lua. ———. 2008d. Rien, psc to Blame. Marshall Islands Journal, 13 February. Marshall Islands Journal, 15 August. ———. 2009g. Ingram Ruling Leads to ———. 2008e. UN Steps Up Its Programs Saturday Vote. Marshall Islands Journal, in RMI. Marshall Islands Journal, 28 24 April. November. ———. 2009h. No Confidence Scenarios. ———. 2009a. Litokwa Takes Decisive Marshall Islands Journal, 10 April. Action. Marshall Islands Journal, 24 April. ———. 2009i. Nomination for New ———. 2009b. Nitijela and Cabinet in Envoy. Marshall Islands Journal, 19 June. Limbo. Marshall Islands Journal, 6 March. ———. 2009j. RMI Tax Income Sees ———. 2009c. No Tanks is Trouble. Big Decline. Marshall Islands Journal, 13 Marshall Islands Journal, 26 June. February. 144 the contemporary pacific • 22:1 (2010)

———. 2009k. RMI Trust Fund Loses plea bargain with the federal attorney Over $20m. Marshall Islands Journal, 9 and agreed to testify against the other January. three. ———. 2009l. Tony’s Blast. Marshall At issue was the sale, over several Islands Journal, 6 February. years, of Rydlyme, a chemical used Yokwe Online. 2008a. Marshall Islands to clean pipes around generators. A Government: Trust Funds, Visits, and company owned by Joaquina and Legislation. http://yokwe.net/index.php James Santos sold 8,000 gallons of the ?name=News&file=article&sid=2285 descaler to the utilities corporation at a 400 percent markup. The federal ———. 2008b. Marshall Islands Govern- ment Outlines Response Efforts to Emer- charges include three felony counts gency. http://yokwe.net/index.php?name of wire fraud, conspiracy and theft =News&file=article&sid=2276 involving federal funds, and bribery. Villagomez, his sister, and her hus- ———. 2008c. No Confidence Vote band were all charged and released on Motion Withdrawn. http://yokwe.net/ index.php?name=News&file=article $50,000 unsecured bonds; Guerrero &sid=2308 was released on a $10,000 unsecured bond. Investigations lasting eight months revealed that only 11 percent of the chemical was ever used. Accord- Commonwealth of the ing to the twelve-page indictment, Northern Mariana Islands the chemical, which was bought in several installments over several years In July 2008, rumors began circulat- for about $300,000, was used only ing that Lieutenant Governor Timothy for cleaning floors or was put into Villagomez was under investigation storage on Rota and Tinian. Despite for some unknown federal crime. The the charges, Villagomez remained in fbi called members of the Common- office, actively performing his duties wealth Utilities Corporation (cuc) in as lieutenant governor. to a grand jury. By mid-August, it was The trial lasted for almost three rumored that Villagomez had been weeks and incorporated some defense arrested at a convention of lieuten- techniques that will probably go ant governors in New York. This down in the annals of jurisprudence was denied by the administration of as very unconventional. The first Governor Benigno Fitial. However, by was the “mango defense,” in which Monday, 14 August, both local news- one defense attorney, in his closing papers had front-page articles about remarks, faced the jury from behind a the arrest and indictment of Villago- podium and pulled out two mangoes. mez, his sister Joaquina Santos, and He presented them to the jury and said Secretary of Commerce James Santos, that the one in his right hand was a who is married to Villagomez’s sister. Hayden mango, which was imported Also arrested was Tony Guerrero, from Hawai‘i. In the other hand, he who was cuc executive director at the held a carabao mango, which was time, having succeeded Villagomez. grown locally. The local mango was, Tony Guerrero immediately accepted a of course, sweeter than the imported. pol i t ical reviews • micronesia 145

This was a veiled reference to the fed- sized generators were transported to eral court and the prosecution being Saipan and brought on line to relieve a foreign agency and the defendant a the pressure on the old mainline local person. Another defense lawyer generators while repairs and mainte- showed a PowerPoint presentation, nance were being made. Brownouts which, after describing the female fbi and blackouts became fairly rare, and agent who was the main investiga- work on the cuc generators proceeded tor for the prosecution as probably a rapidly. It is expected that the Aggreko very nice person, included a photo- company will soon return the genera- graph of a snarling wolf looking out tors to Singapore. Restoration of full of the screen and a wolf howling on local power is anticipated for late the soundtrack. This was meant to September 2009, since no notice of characterize the key fbi investigator as extension has been given to Aggreko. a wolf in sheep’s clothing. In spite of The Marianas have also been very these antics and many others, the jury fortunate in avoiding any major took only four hours to return guilty storms or typhoons during this period. verdicts on all charges for all three In the meantime, the utilities corpora- defendants. Sentencing was originally tion remains under strong pressure set for 28 July 2009 but has been from the US Environmental Protec- rescheduled for 5 August. Sentencing tion Agency to improve the quality for Tony Guerrero took place on 21 of water supplies, which fall below June; he received three years proba- federal standards. tion, 500 hours of community service, It was announced last year that the and a $6,000 fine. On conviction, US federal government would take Villagomez formally resigned from his over control of immigration opera- position as lieutenant governor. tions in the commonwealth by 1 May In the meantime, the defense has 2009. An additional six months of been filing motions with the federal transition time was later established court, charging judicial misconduct so that the law would not become and jury tampering, among other effective until 28 November 2009. things. Defense attorneys want the The extension was to give time for guilty verdict overturned by the judge both Homeland Security and com- or a new trial, neither of which has monwealth authorities to develop been approved as of this writing. policies and procedures adapted to the In August 2008, Saipan was experi- commonwealth. It was also mentioned encing massive power-supply problems that the takeover would not be com- throughout the island. In September, plete until state-of-the-art installations cuc Executive Director Tony Muña at ports of entry were established on (appointed to replace Tony Guerrero each of the main islands. This includes after his indictment) received authori- the three airports and three seaports. zation from the CNMI executive and However, no appropriation had been legislative branches to enter into a made for this in the federal law. As one-year, $500,000 a month, contract of this writing there is considerable with Aggreko, a Singapore-based uncertainty as to how all this is going generator company. Fifteen container- to play out. Several issues related 146 the contemporary pacific • 22:1 (2010) to federalization are yet to be fully twenty years. Since naturalization resolved. was not permitted under the CNMI Since 1978, during the years the Covenant, they remained in the com- CNMI government controlled immi- monwealth with the citizenship of gration, a major effort was made to their original country. However, over attract tourists from mainland China the years, these foreign workers have (primarily for the Tinian Dynasty had children who are US citizens by Casino) and from Russia. No US visas birth. Uncertainty exists over how were required, which led to a signifi- these families will be treated under US cant growth in that traffic. Russian immigration law. There are indica- tourists in particular came in families, tions that all contract workers must stayed for three or four weeks, and leave by 28 November and will not be spent very lavishly. Several major allowed back without a US visa. Many resorts hired Russian-speaking staff people are worried, afraid of having and printed menus and hotel informa- their families torn apart. One of the tion in Russian as well as Chinese. The side effects of this particular issue is commonwealth is requesting tourist the organization of long-term residents visa waivers for Chinese and Russian into advocacy groups attempting to visitors, but it appears at the time of influence the US Congress and the this writing that the Department of Department of Homeland Security to Homeland Security is not going to per- grant special immigration status to mit visa waivers for these two nation- people who have been in the com- alities after November 2009. monwealth for at least five years, The entire economy of the com- have no police record, and are self- monwealth is dependent on imported supporting. Rumors abound, and the labor, currently recruited primarily wishful thinking of many contract from the Philippines, Bangladesh, and workers is that something will be done China, among other places. Up to to give long-term residents improved now, these workers were allowed into immigration status (permanent CNMI the commonwealth without visas, and residency, a green card, and a pathway for those with a valid work permit to US citizenship). This issue is also there were only casual airport con- very controversial at the federal level. trols. Requiring visas from US con- Meanwhile, Governor Fitial took it sular authorities will make recruiting upon himself to contest the authority new workers extremely difficult. There of the federal government to federal- is some talk of having transitional ize the immigration functions of the worker provision, to allow workers commonwealth and hired a private who are legally in the commonwealth Washington dc law firm to represent now to continue working until the him. The governor claims that no expiration of their contracts. New public funds are being used to pay for categories for workers may also be the lawyers, but a freshman legisla- determined for the Northern Marianas tor, Representative Tina Sablan, has only. petitioned the CNMI Superior Court, Many foreign (“nonresident”) under the Open Government Act, to contract workers have resided in force the governor to reveal the source the commonwealth for more than of his funding. The Open Government pol i t ical reviews • micronesia 147

Act requires government agencies Schools and Colleges (wasc), the except the legislature (which exempted accreditation agency for Northern itself when passing the law) to open Marianas College, downgraded the their files to citizens concerned about college’s status from “probationary” agency policies. Sablan claimed that to the most serious “show cause.” the contract with the law firm is This was the last chance for the col- subject to the Open Government Act, lege to achieve reaccreditation or and that the citizens have a right to completely lose its ability to continue know how much is being spent and accredited operations. The year was where the money is coming from. The characterized by frenetic activity at the Superior Court agreed with her and college to meet the wasc criticisms. ordered the government to produce The final report was submitted at the a majority of the documents solicited end of May 2009, and in early July, under the act. However, the govern- the college’s wasc accreditation was ment appealed to the CNMI Supreme restored for a period of three years. Court, which has taken the case under During this time, the college will have advisement. Representative Sablan has to show that it can maintain the stan- also succeeded in collecting enough dards established. Numerous actions signatures to put on the November are expected to take place beginning 2009 ballot a popular initiative that in October 2009, when another wasc would amend the constitution and visit to verify progress is anticipated. subject the legislature to the Open Operating under “show cause” status Government Act as well. Sablan has was a major handicap in the college’s been instrumental in revolutionizing recruitment of new students and in how the legislature works simply by the retention of current students who publicizing its daily and weekly calen- were afraid that they would not be dars and by asking for public hearings able to graduate from an accredited whenever appropriate. institution. Enrollment in the fall 2009 Related to the foreign workers semester will be a key to the survival issue is the goal of the commonwealth of the college. Already, a substantial to recruit foreign students from the number of faculty and staff have either Asian rim countries. The idea of been terminated or not renewed. Saipan becoming an educational hub As reported in last year’s review for students to get their first taste of (McPhetres 2008), the golf course American-style education has been on and facilities at Lao Lao Bay, previ- the planning board for many years, ously owned by the United Micronesia and mainland Chinese students cur- Development Association, were sold rently make up a significant number to Kumho Corporation of Korea, of Northern Marianas College foreign parent company of Asiana Airlines. A students. Requiring students to get major resort complex is under con- visas to enter Saipan will be a problem struction, and, with Asiana Airlines for many of them, and onerous federal being the only major scheduled airline regulations will probably discourage a serving Saipan from mainland Asia, it large number of potential students. is anticipated that the airline will be At the beginning of the year under anxious to fill up the hotel. This could review, the Western Association of be a major shot in the arm for the 148 the contemporary pacific • 22:1 (2010) tourism industry. A regionally owned bookstores and “interactive” karaoke resort with properties on Guam is bars and nightclubs) to areas on going to build a hotel with 1,000 Middle Road, from the Sugar King rooms, 400 villas, and associated golf Park to the intersection of Airport courses and other amenities (possibly Road. This is to be accomplished by including a hot air balloon launchpad) November. However, there has been on the island of Tinian. In spite of growing opposition from the estab- the gloomy economic situation, the lished businesses along Middle Road resort owners have assured the com- who are concerned that their property monwealth that they are going ahead values may be threatened if all of the with construction of the Gold Wings adult businesses are relocated to their Paradise Tinian Casino. The relation- area. Opposition from certain critics ship between this mega-resort and in the legislature feel that the people the military has yet to be established. are not yet ready for the impact of Another hotel has broken ground near zoning and the stringent requirements Paupau in the Marpi area of Saipan. that go with it. It is expected, however, This will be known as the Flame Sako that the effort will go ahead, resulting Resort and Spa. Finally, longtime in a much cleaner and more tourist- Saipan businessman Tony Pellegrino friendly atmosphere in the Garapan has introduced large-scale commercial district. shrimp farming, which appears to be Currently, there are approximately getting very good reviews. In addition two hundred establishments with to producing shrimp for local con- poker machines on Saipan, and every sumption, Pellegrino is also exporting village on Rota and Tinian has from to the military on Guam. one to twenty poker machines. The For the past year, there has been a governor recently vetoed a bill that history of commercial airline flights would have included these establish- between Saipan and Japan being ments in the zoning process, moving cancelled or reduced in number. them out of the villages to the islands’ Continental Micronesia stopped flying more central locations, which have from Saipan to Japan early in the year yet to be established. The gover- but has since reinstituted daily flights nor said his grounds for vetoing the on a temporary basis. Charter flights measure were that the machines are out of China have been restarted and, located within mom-and-pop grocery presumably, will continue on a weekly stores and laundromats, so these local basis until federalized immigration is families would suffer hardship if the implemented and visa waivers for Chi- machines were moved. nese tourists are no longer available. Pursuant to an agreement between A new zoning law will go into effect Japan and the United States, 8,000 by November 2009. A new director marines and as many or more fam- for the zoning board has been hired ily members and support personnel and is already at work. First on the will begin moving from Okinawa agenda is to clean up sleazy enterprises to Guam in 2011 or 2012. This will in the Garapan district by relocating create major infrastructural projects the adult businesses (eg, pornographic for Guam and, with the spillover pol i t ical reviews • micronesia 149 effects, the Northern Marianas. Bil- which is currently one of the more lions of dollars are committed to popular beaches at the Pacific Islands the construction of completely new Club. Only five veterans showed up infrastructure for the military areas on this time, compared to the hundred or Guam. Money will also be available more who attended the sixtieth anni- for development on Tinian, where the versary five years ago. No national military has a lease on 17,000 acres press covered the event in spite of its (about two-thirds of the island). Other vital importance to the conclusion of projects on Saipan and elsewhere in World War II in the Pacific. Normandy the Marianas are also possible. continues to overshadow the events of The military leadership has held the Pacific Islands. public meetings with the people of President Barack Obama’s fed- the Marianas to explain what they eral stimulus program has reached have in mind and to discuss the pos- the commonwealth, with millions sible impacts on the islands north of dollars being made available for of Guam. Some rumors have it that transportation projects, education, the military would like to take over and job- creation programs. The major the island of Pagan north of Saipan. problem is finding people who can Pagan was evacuated in 1980 follow- write grant applications and establish ing a volcanic eruption and has not realistic and dependable audit and yet been completely resettled, with a oversight capabilities. current population of approximately Because of continued failure on the half a dozen. The military already has part of the commonwealth administra- control of Farallon de Medinilla, a tion to deposit employer contributions rocky outcropping north of Saipan, into the retirement fund, as well as the which has been used for decades by stock market crash and a variety of the US Navy and Air Force for live other factors, the CNMI Government bombing and artillery practice. Tinian Retirement Fund is almost broke. will definitely see the development The legislature has authorized a bond of what is called a “soft base.” No issue for $200 million, even though permanent structures will be erected, the debt and unfunded liabilities total but there will be barracks, mess halls, over $500 million. It has reached a and administrative facilities to support point where the fund management is a firing range and various training not allowing people to cash out when activities. It is not yet known how this they retire unless their funding agency will impact the village of San Jose, but makes up the retirement contribu- it is clear that the infrastructure on tions, which have been unpaid for Tinian will require a major overhaul, several years. This is only one of the including wastewater control, drinking budgetary problems facing the com- water supplies, solid waste disposal, monwealth this year. The demise of roads, docks, and related projects. the garment industry has resulted in The sixty-fifth anniversary of the a reduction in funds available to the invasion of Saipan in World War II government by nearly 50 percent. At was on 15 June 2009. A small cer- the peak of garment production, gov- emony was held at the invasion beach, ernment revenues were approximately 150 the contemporary pacific • 22:1 (2010)

$260 million annually, now reduced to important for the future because it will about $150 million. This has resulted establish a reliable population figure in a large degree of deficit spending, for most purposes. At the present since the standard of living has not time, all decisions are being made on changed. the basis of the 2000 census, when the Major demographic upheaval has CNMI population was 69,000; a more taken place in the commonwealth realistic current estimate is between over the past year. In May 2009, the 50,000 and 60,000 people. minimum wage went up to $4.55 an One of the very positive events of hour. As a result, several small busi- this year was the swearing in of the nesses have closed, and increasing commonwealth’s first elected delegate numbers of people are leaving. The to the US House of Representatives last garment factory closed on Saipan on 6 January 2009. Former Executive in the spring of 2009, putting an end Director of the Election Commission to the garment industry, which began Gregorio Sablan was elected from a in 1982. At its peak, the island had field of seven candidates. He ran as an thirty-five factories, employing nearly independent candidate and has aligned 18,000 foreign workers, mainly Chi- himself with the Democratic Party in nese girls. Now the commonwealth Washington. He has also joined the is left with the shells of the factories, Hispanic Caucus, the Pacific Islander their barracks, and ancillary facilities. Caucus, and several other subgroups Approximately seven hundred workers in the House. His major challenge remain behind seeking new employ- has been to change the image of the ment, afraid to return to their home- commonwealth that was created by lands because of money owed to loan association with Jack Abramoff, the sharks there. disgraced former lobbyist for the The island of Rota has lost approxi- garment industry in the Northern mately two hundred people (about 10 Marianas. percent of the population) with the Elections will be held on 7 Novem- cost-of-living increase due to rising ber 2009 for governor as well as minimum wage, utilities, and gasoline for all other officials of the com- prices. Most people have gone to the monwealth with the exception of the United States. There has also been an congressional delegate, whose elec- “undocumented” increase in enlist- tion must coincide with the federal ments in the US Army Reserves by elections. For the first time, there is a graduating high school students. provision for a runoff election if none Federalization of immigration of the candidates receives 50 percent controls could lead to another outflow plus one of the total votes cast. With because foreign workers must leave four sets of gubernatorial candidates, the commonwealth as their entry per- a runoff is almost a sure thing. Two mits expire. Since no data is collected Republican candidates, Heinz Hof- at the airports related to the departure schneider and Juan Babauta, and of US citizens who are permanent their running mates squared off in a residents of the commonwealth, the primary election. Hofschneider was census of 2010 will be extremely declared the winner. In a rare show of pol i t ical reviews • micronesia 151 unity in the Republican Party, Babauta Line Islands (Pacific Remote Islands pledged his supporters to Hofschnei- Marine National Monument) and in der and promised not to run as an American Sëmoa waters (Rose Atoll independent. This defies all precedent Marine National Monument). for local candidates. Finally, various legal issues sur- In July 2008, a group representing rounding land use and ownership are the Pew Environment Group came to expected to heat up over the next two the Marianas to promote the des- years. At least one legislative initia- ignation of a marine monument by tive involving land is expected on the outgoing President George W Bush. ballot for the 2009 election. Under the In a very hotly contested campaign, current constitution, voting on any ini- pro-monument people campaigned on tiatives related to land is restricted to the basis of the economic advantages people of Northern Marianas descent of having a very valuable resource (nmd). A person with nmd status is protected and available for scientific defined as one “who is a citizen or research, which would aid reef pres- national of the United States and who ervation around the world and allow is of at least one-quarter Northern resource exploration at great depths. Marianas Chamorro or Northern The anti-monument group, led by an Marianas Carolinian blood or a com- unlikely consortium of indigenous bination thereof or an adopted child preservation leaders (fearful of losing of a person of Northern Marianas traditional fishing rights) and propo- descent if adopted while under the nents of resource extraction (includ- age of eighteen years. For purposes ing deep-sea mining interests) battled of determining Northern Marianas right up until the point when President descent, a person shall be considered Bush, on his last day in office, declared to be a full-blooded Northern Mari- the Mariana Trench a national marine anas Chamorro or Northern Marianas monument. Officially designated the Carolinian if that person was born or Mariana Trench National Marine domiciled in the Northern Mariana Monument, it includes the three Islands by 1950 and was a citizen northernmost islands of the Marianas of the Trust Territory of the Pacific chain (Maug, Asunción, and Agri- Islands before the termination of the han) and the Mariana Trench, which Trusteeship with respect to the Com- stretches from the Northern Marianas monwealth” (CNMI lrc). In prepa- to just south of Guam. Instead of the ration for the election, the Board of originally proposed two-hundred-mile Elections is issuing affidavit forms to exclusive economic zone around each all registered voters who claim nmd island, a fifty-mile limit was estab- status. The forms require people to lished. All parties have supported this declare under pain of perjury that they compromise and look forward to the are qualified under the constitutional construction and establishment of a nmd definition. In anticipation of marine research center on Saipan and potential constitutional challenges to assistance by the coast guard in patrol- restricting the vote to people of North- ling the area. Similar monuments were ern Marianas descent, everyone will established at the same time along the be allowed to vote during the election. 152 the contemporary pacific • 22:1 (2010)

Those with nmd status will cast their ing voting on land issues to persons ballots in a separate nmd box at each of Northern Marianas descent is polling place, and if the constitutional- expected to be filed sometime in the ity of the restricted voting is upheld, near future, in hopes of resolving that only their votes will be counted. issue before the 2011 vote on amend- Related to the above issue are prep- ing the land alienation clause. arations for 2011 when voters will samuel f mcphetres have the opportunity to amend, repeal, or retain the land alienation clause of the constitution (article XII), which References restricts landownership to persons of Northern Marianas descent. Article CNMI lrc, Commonwealth Law Revision VIII of the CNMI Covenant provides Commission Web site. CNMI Constitu- for this opportunity, and, even though tion. http://cnmilaw.org/constitution.htm the vote is not until 2011, the debate McPhetres, Samuel F. 2008. Micronesia has become very heated. Free-market in Review: Issues and Events, 1 July 2007 proponents want to at least amend the to 30 June 2008: Commonwealth of the article to allow for longer-term leases, Northern Mariana Islands. The Contem- but certainly prefer to have it repealed porary Pacific 21:132–136. completely; they are lining up against cultural preservation parties who feel that landownership should be retained Republic of Palau in the hands of the indigenous people as a gesture of respect for their culture. The major issues and events for the However, since nmd status (and hence period under review were the cam- land rights) are legally determined by paign and election 2008; the peaceful the 25 percent blood quantum, large- transfer of power to a new president scale intermarriage between different and his work; the efforts of the Palau ethnicities has diluted the indigenous National Congress (Olbiil Era Kelu- population to the point where a lau, or oek); events in Koror; allega- significant number of people who tions of corruption; an update on the currently qualify as persons of North- Pacific Savings Bank (psb) failure; and ern Marianas descent are concerned Palau’s relations with Taiwan, the about not being able to pass on their United States, and Japan. land to their children. Also, high on With President Tommy E Remenge- the pro-repeal agenda is the increasing sau Jr ending his second term in office evidence that foreign investment has in January 2009, the presidential field not reached its potential in the com- was wide open, and four candidate monwealth because investors cannot teams emerged, as indicated in last own the property they want to invest year’s review (Shuster 2009). The in. At most, a fifty-five-year lease is primary election of 23 September currently available for private land. 2008 witnessed a 66 percent voter This argument is particularly acute turnout (9,295 voters). The team of given the current economic status of Vice President Elias Chin and Senator the commonwealth. A legal challenge Alan Seid finished strongly, taking first to the constitutional provision limit- with 3,027 votes, ahead of attorney pol i t ical reviews • micronesia 153

Johnson Toribiong and Delegate large campaign billboard with a small Kerai Mariur with 2,526 votes. Senate Toribiong-Mariur poster. The issue president and businessman Surangel got sorted out after some time. A few Whipps and Billy Kuartei, chief of irregularities regarding ballots also staff (on leave) for President Remenge- took place on Guam, but these were sau, finished third with 2,248 votes, honest mistakes by the Palau Election which was a tremendous effort. What Commission and were resolved. apparently hurt this team was the The Senate race provided a huge decision to join in the big debates and surprise and was the talk of Palau. forums instead of remaining in their Surangel Whipps Jr, who had cho- area of strength—small group ses- sen not to run for the Senate but to sions—where the two displayed an assist his father in his presidential element of magnetism and charisma. bid, came first among the forty-three Finishing last in the primary field candidates at the primary level with an with 1,387 votes were Senator Joshua astounding 6,709 votes as a write-in Koshiba and Peleliu Governor Jackson candidate. After the primary, he had a Ngiraingas. A constitutional initiative brief six weeks to campaign but did so passed in the 2004 election required, wisely, taking the advice of his father. for the first time, that candidates run Of course, Whipps Jr benefited from as a team rather than as separate the good name of Whipps Sr, who individuals, as had been the practice in ran first in the 2000 and 2004 Senate all seven previous national elections. races. One might call it some spe- However, voters in 2008 reversed the cial magic, but it worked. The other 2004 initiative, reestablishing separate twelve winners in the Senate included, tickets for election of the executive in in order, Raynold Oilouch, a well- 2012. known attorney (6,392 votes); Mlib As expected, the general race on Tmetuchl, a popular incumbent (5,646 4 November 2008 for the presidency votes); Joel Toribiong, an incumbent and vice presidency was very tight. from the House (5,403 votes); Kathy Here, Toribiong / Mariur emerged Kesolei, a well-known personality first with 5,040 votes to Chin / Seid’s (5,240 votes); Mark Rudimch, from 4,828, a difference of just 212 votes. a high-ranking Koror family (5,106 Interestingly, some 504 voters left votes); Hokkons Baules, an incumbent their ballots blank—perhaps uncertain (4,634 votes); Adalbert Eledui, a well- about what team to vote for, but still known Koror person (4,128 votes); showing respect for both teams by not Regina Mesebeluu, a retired teacher voting. Of Palau’s 14,289 registered (3,938 votes); Alfonso Diaz, radio and voters, 10,469 or 73 percent turned television personality (3,809 votes); out to vote. The candidates realized Tommy Remengesau Jr, the sitting the race would be very close and were president who would be out of office campaigning in Honolulu, Saipan, on 15 January 2009 (3,772 votes); and Guam, right up to voting day (2 Regis Akitaya (3,319 votes); and Paul November on these off-island loca- Ueki (3,211 votes). Of the senators, tions). An incident on Guam generated two are female, and only four have considerable discussion: the pasting previous congressional experience, over of Billy Kuartei’s image on a making the senators mostly freshmen. 154 the contemporary pacific • 22:1 (2010)

Remengesau ran a distant eleventh into office in January. In the Senate, because of criticism that he had alleg- Mlib Temtuchl, who served as vice edly used the presidency to enrich president in the previous Senate, was himself while, after eight years in chosen as president; Kathy Kesolei, office, he failed to move Palau materi- community activist and from a high ally toward economic self-sufficiency. clan in Melekeok, was selected as A similar situation characterizes vice president; and attorney Raynold the sixteen-seat House of Delegates. Oilouch was named as floor leader. It has an amazing total of thirteen On the House of Delegates side, freshmen, with the only incumbents former vice speaker and environmen- being Noah Idechong, Kalistus talist Noah Idechong was selected as Ngirturong, and Jonathan Isechal. A Speaker; Alexander Merep was chosen few of the House races were close. as vice speaker; and newcomer Gibson In Ngarchelong State, Marhence Kanai, a former Speaker of the Nga- Madrangchar, a 2005 Constitutional raard State Legislature, took the floor Convention delegate, defeated Faus- leader’s position. tina Rehuher-Marugg, director of the In 2005, Palau’s second Consti- Belau National Museum, 203 to 191; tutional Convention (Con-Con) of Dilmai Saiske finished third with 188 twenty-five members approved 22 votes, and Don Bukurou finished last amendments (out of some 250 propos- with 164. In Melekeok State, out of als) to the 1979 constitution, and the four candidates, newcomer Lencer Olbiil Era Kelulau added one more. Basilius from a prominent Babeldaob These all appeared on the November family garnered 176 votes; F Kazuo 2008 ballot and were well phrased for Asanuma, former congressman and an easy “yes” or “no” response. Dr reportedly in line for the distinguished Patrick Tellei, president of Palau Com- title of Reklai (one of two paramount munity College and member of the chiefs in Palau), finished a distant Con-Con education group, prepared third with 89 votes. But Ngchesar a practice card listing all 23 amend- State had six candidates competing to ments (including the one added by the represent the people. Moses Uludong, oek). He had some 18,000 copies of well-known publisher of the Tia Belau the card printed and widely distrib- News and a senator in the first Olbiil uted. The card must have persuaded Era Kelulau, was surprisingly defeated people to think and talk about the by freshman Secilil Eldebechel by just amendments, and it speeded up the 15 votes, 118 to 103. And finally, voting as well. in Koror, with the largest number of As a measure of the unpopular- registered voters of Palau’s sixteen ity of the executive joint ticket and states, Alexander Merep, a minister in the congressional three-term limit Remengesau’s administration and a requirements that were on the ballot member of a socially high Koror clan, for 2004, at least with the twenty-five easily defeated two opponents, taking Con-Con members, these amend- 1,929 votes to their 751 and 402. ments failed to be approved in 2008 In late November, both houses by the Palau electorate. Surprisingly, of the National Congress selected the amendment allowing land to be their leaders, who would be sworn leased for up to ninety-nine years was pol i t ical reviews • micronesia 155 accepted by the voters. Palauans also others. President Toribiong’s inaugu- accepted a trial-by-jury amendment ral speech centered on the theme of and the restriction of membership on self-sufficiency; priorities of improving the Judicial Nominating Commission education, health care, and the envi- to Palauan citizens only (the one oek ronment; appreciation to Japan, Tai- amendment). The one amendment wan, and the United States for critical that was turned down by the vot- assistance; making the Palau-US Com- ers would have allowed noncitizens pact a success story; admonitions for who are adopted by Palauan citizens contemporary Palauans to work hard before the age of three to petition to like the Palauans of old; honest busi- become naturalized Palauan citizens ness dealings and foreign investment; on their reaching the age of majority. and making Palau a model of democ- The decision to oppose this amend- racy (TB, 19–25 Jan 2009, 6, 15). ment perhaps reflects a desire to keep After the inaugural festivities, Toribi- citizenship exclusive. ong got to work, nominating and The ninety-nine-year lease issue was getting his cabinet ministers confirmed very controversial in Palau recently. by the Senate. These included Sandra S The exact language states, “While Pierantozzi (minister of state), Johnny non-citizens may not acquire title to Gibbons (justice), Harry Fritz (natu- land, Palauan Citizens may lease land ral resources and tourism), Jackson in Palau to non-citizens or corpora- Ngiraingas (public infrastructure), tions wholly owned by non-citizens Vice President Mariur (finance,) Dr for up to 99 years.” This amendment Stevenson Kuartei (health), Masa-aki seems to favor large foreign corpora- Emesiochel (education), and Faustina tions that may wish to make sizable Rehuher-Marugg (community and investments in Palau and is a sign that cultural affairs). As one might expect, some people in Palau want to attract some of these ministerial appoint- big investors. However, the ninety- ments were based on talent and ability, nine-year period is going against the others on political support. trend of Pacific Island nations that President Toribiong also made have limited foreign leases to between several state visits early on. In late thirty and fifty years. (See Shuster February, he went to Taiwan, where 2006, 120, for more information on he had held an ambassadorship from the 2005 Con-Con.) 2001–2008, and where he was wel- For the very first time, President comed with all the pomp and ceremo- Toribiong and Vice President Mariur nies of a state visit. The new Palau were inaugurated into office at the president said to President Ma that new national capitol in Ngerulmud, Taiwan’s support had helped Palau Melekeok. Built with about $36 mil- immensely, and Ma thanked Palau lion in support from the Republic of for its efforts in assisting Taiwan with China / Taiwan, this structure is very its United Nations and World Health impressive, and the inauguration was Organization applications. Toribiong’s impressive as well, with visitors from second trip, in mid-March, was to the Guam, the United States, Taiwan, United States. After visiting a number Japan, the Philippines, and the Fed- of important monuments, memori- erated States of Micronesia, among als, and graves, the president had a 156 the contemporary pacific • 22:1 (2010) session with Secretary of State Hillary was pleased to make the presenta- Clinton. Reportedly, Mrs Clinton was tion of this important equipment and open to the idea of an extension of associated training for use in tracking the financial terms of the compact for visitors. In April, the nation’s main one year, and in April, she wrote to electrical power system crashed, and the president that “the United States many areas of Koror town suffered is working hard to be in a position to blackouts and brownouts. In response, commence the formal review called the president established an emergency for in the Compact, and [that the US] task force to carefully study the situa- position on any extension of grant tion and make recommendations. He assistance, programs, or services will also hired a specialist using contacts be part of that effort” (quoted in in the US Department of Interior for Toribiong 2009, 6). After the carefree a second opinion. Both sources came spending years of the Remengesau to the same conclusion: that all the administration, it appears that Presi- problems were avoidable and that the dent Toribiong is being very careful to board and top management were neg- spend his funding frugally and to nail ligent. President Toribiong accepted down interim compact funding for fis- the resignations of several board mem- cal year 2010 (year 16 of the compact) bers and the general manager before at the fiscal year 2009 rate. Finally, replacing them. Since these changes Toribiong visited Japan in April to were made, the delivery of electrical meet Prime Minister Taro Asao and power has improved, and the utilities cabinet members, and again in May corporation is planning to purchase for the palm 5 (Pacific Area Lead- two new generators (TB, 22–28 June ers Meeting) in Hokkaido, where the 2009, 3, 14). agenda consisted mainly of environ- Budget matters are a major concern mental issues and Japan’s commitment for the president. He inherited a fiscal to assist the Pacific Island nations year 2009 budget of $58.7 million but in meeting the challenges of climate faces a shortage of approximately $6 change, alternate sources of energy, million, according to Vice President and technology transfer. While palm and Minister of Finance Mariur. On has met every three years since 1997, taking office on 15 January 2009, the the Pacific Islands Forum leaders new president and vice president faced (fourteen Pacific Island nations plus a deficit of over $4 million and, more Australia and New Zealand) agreed seriously, they recognized that nearly to gather in 2010 to follow up on the 40 percent of the current budget had progress of cooperation agreements already been spent by the previous with Japan. administration in just three and a half Besides foreign state visits, Presi- months, October 2008 to January dent Toribiong stayed busy with Palau 2009 (TB, 15–21 June 2009, 2). affairs. He accepted fifteen comput- In communications with the Olbiil ers with software and training from Era Kelulau, Toribiong reminded the the Republic of China / Taiwan for senators that he needs to review all the Bureau of Immigration, Ministry treaties prior to Senate action. Appar- of Justice. Ambassador Maggie Tien ently the UN Convention against pol i t ical reviews • micronesia 157

Corruption, which had died with the These three offices, along with the previous congress, was revived by the Ministry of State and Ethics Com- Senate without the new president’s mission, conducted an important knowledge or input. The Palau Consti- “Seminar on Transparency, Good tution requires that the president shall Governance, Accountability, and Rule “conduct negotiations with foreign of Law” in late April. On the occa- nations and to make treaties with sion of the visit of Greg Andrews, the the advice and consent of the Olbiil assistant ombudsman of New South Era Kelulau.” On other matters, the Wales, Australia, the seminar was held National Congress asked the president to inform national and state officials to pull together a comprehensive and and employees of the roles and func- effective energy plan for the nation tions of the three offices as prescribed that would include renewable sources, by Palau’s various laws (PH, 28–30 such as solar, wind, ocean currents, April 2009, 5). Earlier in the month, and ocean temperature differentials. a researcher from the Pacific Islands Regarding plans, President Toribiong Forum carried out a project on good requested that all citizens attend a (and bad) leadership as a way of iden- forum in early June to provide com- tifying, among other things, corrup- munity input on the Medium Term tion (TB, 20–26 April 2009, 7). Development Strategy, which stresses One of the purposes of the trans- development and support for island- parency seminar was to put a damper based small businesses. on alleged corruption in Palau. In A nagging and very serious issue for what appears to have been a “sweet- the president and Minister of Justice heart arrangement,” the former John Gibbons is the m-14 assault rifle minister of finance in the Remenge- that went missing from the police sau administration had agreed with inventory in late 2008. The high-pow- former President Kuniwo Nakamura ered gun was last seen in the car trunk to reduce the tax liability of the Palau of former President Remengesau. The Marine Industry Corporation (pmic) reward for its return and information from $5.7 million to $1.2 million, if leading to the arrest and successful the latter amount was paid in full by conviction of the person(s) respon- 15 November 2008. This was after sible has been increased from $5,000 the Palau court had found pmic liable to $20,000. President Toribiong has for taxes, interest, and penalties. pmic requested assistance from the US fbi also owed the government thousands in locating this dangerous weapon, of dollars for landing fees, space rent- which was still missing as of June 30. als, and departure taxes (TB, 18–24 This is a very serious matter because July 2008, 1). However, by 24 Decem- firearms are constitutionally prohib- ber 2008, pmic was found in default ited from being privately owned in of its agreement to pay the gross Palau, and the nation has a frightful revenue tax judgment in Civil Action history of firearm deaths. case 06-205. The government revoked Finally, Toribiong has placed under the company’s fishing license and his office the ombudsman, special ordered pmic to immediately stop all prosecutor, and attorney general. business operations (PH, 6–8 Jan 2009, 158 the contemporary pacific • 22:1 (2010)

1). In a second case, Governor Kodep tives of Finland and Morocco. Prior of Melekeok State signed an affida- to this, Palau had established relations vit admitting his theft of money and with Kosovo. In other foreign affairs, misconduct while in public office (PH, Minister Pierantozzi facilitated the 24–27 April 2009, 1), and is willing to annual talks between Palau and Aus- take full responsibility for his wrong- tralia regarding marine surveillance doing. Third, an audit of Hatohobei and Palau’s patrol boat activities. State books by the acting public audi- Japan continued to be a good tor has uncovered seventeen deficien- friend to Palau by signing a coral cies in the use of state funds for the reef monitoring project agreement period of 1999–2006 (TB, 18–24 May with the Palau International Coral 2009, 1). Fourth, Minister of Health Reef Center and providing a two- Kuartei was charged by the special year financial grant for the continued prosecutor with reckless driving and development of fisheries activities. The driving his vehicle under the influence Japan government received permis- of alcohol. These charges are based sion from Palau to carry out further on an affidavit of probable cause research on Pacific War (World War II) submitted by the special prosecutor’s soldiers’ remains on Peleliu, with the investigator, Brenda Santos (PH, 24–27 purpose of repatriating the potentially April 2009, 1). In what is alleged to numerous remains to Japan. Funded be a clear violation of Palau’s pro- by Japan and with a grand ribbon curement law and regulations, and cutting, the $13 million Koror/Airai without public knowledge, announce- arterial road-resurfacing project was ment, and bidding, former President completed and opened in March. In Remengesau, via directive 8-4, issued a smaller but very important project, in January 2009 an exclusive airport Japan provided funding to expand screening contract for five years to training for women at Palau’s Orga- the Belau Airport Security Company, nization for Industrial, Spiritual and a company owned and controlled by Cultural Advancement center, which former President Nakamura (TB, 5–11 began in 1990 at Nekken, Aimeliik Jan 2009, 1, 15). Finally, investigators State. Palau’s Dr Minoru Ueki, on from the Office of Special Prosecu- hand for this event, has been an tor arrested Russell Masayos, chief of active supporter of the organiza- the Labor Division, on suspicion of tion for many years and recently was bribery, cheating, and misconduct in appointed by President Toribiong as office. Charges against Masayos have ambassador to Japan. been filed in court; he has a lawyer In other relations with the United and spent one day in jail (TB, 22–28 States, the mammoth aircraft car- June 2009, 1, 15). rier uss George Washington was in Minister of State Sandra Pierantozzi Palau’s waters long enough for Presi- was in New York to file a claim with dent Toribiong and twenty officials to the United Nations on Palau’s behalf be picked up by helicopter and flown for an extended continental shelf. out to the huge ship for a visit. In While there, she executed diplomatic midyear, Sergeant Jasper Obakrairur, relations with government representa- 26, of Ngardmau State, died in the pol i t ical reviews • micronesia 159

Afghanistan war and was honored President Toribiong has stressed the with a state funeral at the rotunda of humanitarian aspect of the situation Palau’s National Congress building. and the fact that Palau culturally and In the prior year, thirty-three Palauan traditionally assists oppressed people. and FSM young people enlisted in the Palau currently has eleven Myan- US military; former Vice President mar (Burmese) nationals who have Elias Chin administered the oath of requested political asylum in Australia enlistment. In early May 2009, the via Palau. The eleven were interviewed new US Embassy building opened its by an officer from the UN High Com- doors in Airai State. The Eighth Olbiil missioner for Refugees, Australia, and Era Kelulau provided a congratulatory have been granted special temporary resolution to commemorate the event. visas by President Toribiong. The After some minor sparing with the Uyghurs have lawyers and rights; four former president, review of the Palau- agreed to be relocated to Bermuda, US Compact got underway in May and one has expressed some interest with a meeting between Alcy Frelick in Palau. Seeing Palauans may warm (director of the Office of Australia, their hearts toward Palau, but twelve New Zealand and Pacific Affairs at the have yet to make up their minds. Their US Department of State) and Ambas- returning to China is out of the ques- sador Joshua Koshiba, who continued tion, and some one hundred countries the formal review process according have reportedly turned down US to section 432 of the 1994 agreement. requests for relocation. Before mak- In addition to consensus on general ing his final decision and extending principles, they agreed to address nuts- the welcome mat, President Toribiong and-bolts issues in Washington dc in consulted with Palau’s traditional early June and in Honolulu in early chiefs, his ministers, and the oek lead- July 2009. It is important for Palau to ership, and sent a small delegation of get some movement on the compact several high-ranking officials to Guan- issue because operational funding tanamo (see PDN 23 June 2009, 8; PSN beyond 30 September 2009 has been 28 June 2009, 8). Now, it all depends agreed to only in principle. on the Uyghurs. In the background to the Palau-US The 29 oek seats are now filled by Compact relationship is the June 2009 21 rookies and just 8 veteran law- request by the United States for the makers. The National Congress does temporary resettlement in Palau of up not have much to boast about after to seventeen Uyghurs, a Turkic people two regular sessions of twenty-five from Xinjiang province in western days each, ending the second session China. These individuals have been in mid-May with just five bills sent detained at Guantanamo Bay since to President Toribiong. Four of the late 2001, but the US State Depart- five bills were signed into law: rppl ment issued a final determination that 8-1, the Uniform Compensation Act, they are not enemy combatants. This establishes a pay structure for com- issue caught international media atten- pensating the congressmen $50,000 tion and put Palau in the evening news annually; rppl 8-2, the 2009 unified and on front pages of newspapers. budget law, totals $58.7 million; rppl 160 the contemporary pacific • 22:1 (2010)

8-3 establishes the Palau National theft, deceit, and criminality finally Framework on Early Childhood; and came to trial in January 2009. Emory rppl 8-4 expands the number of offi- Mesubed, former vice president and cial ports of entry to include locations operations manager of the Pacific Sav- on Peleliu and Angaur. ings Bank, was charged with money The lawmakers have been criticized laundering, forgery, and cheating, in by members of the public for their connection with one million dollars alleged irresponsible travel to vari- of Palau government pension funds ous places (eg, South Korea and the that were improperly transferred to Philippines). Some visits have a clear the bank. In spite of the prosecution’s connection to lawmaking while oth- forty-eight documents and four wit- ers do not, and still other trips set up nesses, three of whom were experts potential conflicts of interest. Former giving lengthy testimonies, Mesubed Senator Santy Asanuma recently was acquitted. During the trial, it was expressed his worry that oek mem- reported that the bank was $11 mil- bers were engaged in “excessive travel lion insolvent and that some 80 per- spending.” He noted that “we need cent of its value was in loans made to the little money that we can save to bank insiders such as Mesubed, who buy medicines for our hospital, books had received $380,000 in loans (TB, for our schools, and repair our failing 19–25 Jan 2009, 1). The mastermind sewers” (TB, 22–28 June 2009, 8, 10). behind the bank’s collapse, “Mack” The general criticism—that lawmaking Timothy Taunton, bolted from Palau does not require travel of six- to ten- the day after the failure and is being member delegations—is fair because actively sought in New Zealand, Aus- legislative research can be done on tralia, and other countries. Indepen- the Internet, and the executive branch dent Counsel Lewis Harley and psb also has a research responsibility Receiver Kaleb Udui filed a motion and brings more tools to the table. for default judgment in February with Another matter that has caught public the Palau court. This was based on attention is the House’s approval an earlier complaint (October 2007) of a casino gambling bill. Despite for damages of $22.8 million against talk about various controls and the Taunton and other former officials revenue potential of casinos, this bill of the bank. Until Taunton is found has sent alarm signals to churches and and returned to Palau for trial, court women’s groups, who will no doubt actions will continue to be handi- mobilize against it. Furthermore, the capped. In the meantime, land and bill raises conflict-of-interest allega- other properties belonging to Taunton tions because a group of legislators and Mesubed are being sold to recover traveled to South Korea at the invi- funds for eventually repaying the tation of a Korean businessman, a depositors who lost large sums of certain Kim Jae Hong, who wants to money (TB, 4–10 July 2008, 7; 9–15 invest $30 million in gambling facili- Feb 2009, 4). ties in Koror or Airai (TB, 11–17 May Palau lost some important people 2009, 1, 15). during the period under review. Mirair Palau’s most alarming case of Ltelatk Fritz, the most senior member pol i t ical reviews • micronesia 161 of her clan and second highest woman and dispute resolution advice regard- chief of Koror State, passed away on ing land and traditional matters and 12 August 2008. Klerang Tmetuchl for speaking and chanting at public Ueki, daughter of Roman Tmetuchl events. She was a national treasure. and a gold medal winner at the 1969 As already noted, Sergeant Jasper K Micronesian Games, died on 17 Obakrairur, US Army, died in Afghani- August at just 55 years of age. Ueki’s stan. With numerous awards and survivors include her husband (a for- decorations, including the Army Good mer congressman) and four children. Conduct Medal, Jasper was the third Balerio Pedro, holding the title Uher- Palauan to die in the Iraq and Afghan- belau, passed away in late August. istan conflicts. He was Angaur’s highest chief at the donald r shuster time of his passing and attended high school at Father Dueñas on Guam and Special thanks to Yoichi K Rengiil university in both the Philippines and for comments on an earlier draft of California. Lyola Koteldil Mesebeluu this review. died tragically in Honolulu at just 27, viciously attacked by a deranged individual. Elia Tulop, 63, former gov- References ernor of Ngiwal State and a national congressman, passed away in early PDN, Pacific Daily News. Hagåtña, Guam. November. DeWill Reklai, age 15, was PH, Palau Horizon. Twice weekly. Koror, hit by a drunken driver and tragically Republic of Palau. killed while returning home by bicycle. PSN, Pacific Sunday News. Hagåtña, Guam. A great outpouring of sympathy and emotion took place when a monument Shuster, Donald R. 2006. Micronesia in Review: Issues and Events, 1 July 2004 to Reklai was unveiled at the site of to 30 June 2005: Republic of Palau. The the accident along Koror’s main road. Contemporary Pacific 18:114–126. Early in 2009, Adelbairekesowaol Jones Ngoriakl passed away at age ———. 2009. Micronesia in Review: 62, survived by four sisters, his wife, Issues and Events, 1 July 2007 to 30 June 2008: Republic of Palau. The Contempo- and three children. Rita Olsudong, rary Pacific 21:136–143. Palau’s only professional archeologist, who had earned a bachelor’s degree TB, Tia Belau (This is Palau). Weekly from the University of Guam and a newspaper. Koror, Republic of Palau. master’s from LaTrobe University in Toribiong, Johnson. 2009. President’s Australia, passed away on 30 March. 2009 Progress Report. 20 April. Available She was just 43 and was a gifted on spc Web site: http://www.spc.int/ natural resource person. Ngetibuchel prism/Country/pw/stats/PalauGov/ Sophia Belechel Kemaitelong, 74, Executive/thePRES/5thSORA.pdf passed away on 3 April. Amazingly [accessed 12 September 2009] knowledgeable, Kemaitelong was a founding member of Mechesil Belau (Palau Women’s Association) and was frequently sought out for mediation