12196 EXTENSIONS OF REMARKS May 24, 1988 EXTENSIONS OF REMARKS

SURVEY OF TREMPEALEAU space station has been designed. Federal Mr. Speaker, the Committee on Ways and COUNTY ON THREE TOPICS OF dollars have been committed to this project. Means and the entire Congress owe a debt of NATIONAL INTEREST TAKEN Do you agree or disagree that the U.S. gratitude to Carole for her fine work. We will should be spending more money on the BY MEMBERS OF THE EIGHTH­ NASA program? miss her and we wish her all the best. GRADE CLASS OF THE BLAIR Percent JUNIOR HIGH SCHOOL Strongly agree...... 10 Agree...... 26 HON. STEVE GUNDERSON Undecided ...... 30 VISITING NURSE ASSOCIATIONS OF WISCONSIN Disagree...... 28 WEEK Strongly disagree...... 6 IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I want to finish by commend­ Monday, May 23, 1988 ing these bright young students and all of HON. JOEL HEFLEY Mr. GUNDERSON. Mr. Speaker, all of us those constituents whose efforts help us to OF COLORADO here in Congress are fully aware of the impor­ represent those we serve. IN THE HOUSE OF REPRESENTATIVES tance of keeping in touch with our constitu­ Tuesday, May 24, 1988 ents. With frequent trips to our districts, meet­ TRIBUTE TO CAROLE Mr. HEFLEY. Mr. Speaker, I am pleased to ing with visitors from back home, and the daily MeGETTRICK mail, a great deal of our time and effort is in­ join my colleague MARY ROSE 0AKAR today in vested in learning how to better represent introducing a resolution designating February those we serve. Without that knowledge, it HON. DAN ROSTENKOWSKI 19-February 25, 1989, as "National Visiting would be impossible to do our jobs. OF ILLINOIS Nurse Associations Week." That is why I am pleased to submit to my IN THE HOUSE OF REPRESENTATIVES At a time when Congress and the public are colleagues the results of surveys taken by Tuesday, May 24, 1988 becoming increasingly aware of the benefits three eighth-grade students from the Blair of home health care, it seems appropriate to Mr. ROSTENKOWSKI. Mr. Speaker, it is honor those who were instrumental in estab­ Junior High School in Blair, WI. Through pro­ with a great deal of sadness that I bring to the lishing this system-the visiting nurse associa­ cedures similar to those used by professional attention of my colleagues the retirement of tions. pollsters, Matt Larson, Karla Ausdreau, and one of the finest staff persons ever to serve Many of my colleagues may recall that simi­ Amy Appel have compiled data on the views on Capitol Hill. On May 31, 1988, Carole lar legislation was passed in the last session of their Trempealeau County neighbors re­ McGettrick will be leaving the Hill after more of Congress, and I encourage you to do so garding protection of Kuwaiti oil than 25 years of distinguished service. again this year. When the previous proclama­ tankers, whether or not Olympic athletes Carole first came to Washington from her tion was signed by the President, it marked should be paid, and if the United States native Missouri to join the staff of Congress­ the first time that visiting nurse associations should spend more money on the NASA pro­ man Frank Karsten. In January of 1969, she had received the public recognition they de­ gram. joined the staff of the Committee on Ways served after more than a century of service to I want to commend these students for their and Means, where she has served in a variety millions of Americans. hard work and imagination in preparing and of positions. In 1974, when subcommittees executing these surveys. I know their efforts were first established in the committee, she By proclaiming National Visiting Nurse As­ have already helped me represent the Third came to the Subcommittee on Health, which I sociations Week, we pay tribute to the pio­ District more effectively, and I'm confident chaired. In 1979, I asked her to come with me neers in public health who instituted home that they will also help my colleagues assess when I assumed the chair of the Subcommit­ care 102 years ago. And we demonstrate our the views of rural America more accurately. tee on Select Revenue Measures. And in thanks to the thousands of women and men The results: 1981, she joined the full committee staff. who have followed in their footsteps, bringing LARSON. Since early August 1987 the U.S. Carole is the institutional memory of the care to infants, teenagers, the middle aged, Navy has 20,000 men and 25 ships in the committee. Over the years, her knowledge of the elderly, the disabled, and the infirm. These Persian Gulf. Do you agree or disagree that committee procedure and House rules has as­ home health care professionals tirelessly have the U.S. Navy should protect Kuwaiti oil sured the smooth transmittal of legislation carried out the VNA mission of providing tankers? from our subcommittees, to the full commit­ home health care services to everyone who Percent tee, to the Rules Committee and on to the needs it, regardless of ability to pay. Strongly agree...... 18 House floor. At one time or another, every From their origins in Buffalo, NY, where a Agree...... 50 home health care nurses program was found­ Undecided...... 16 staff person on the committee has come to Disagree...... 16 her desk with the plaintive cry, "How do I do ed by a society matron with funds collected Strongly disagree...... 0 this?" And Carole has always known what to from her Sunday School class, visiting nurse AusnREAU. Other countries allow their do. associations have expanded to 504 organiza­ Olympic athletes to treat their training as a Carole's love for the committee is also re­ tions serving urban and rural communities in job by providing them with housing and flected in the work she has done overseeing 47 States. Today, VNA skilled nurses, thera­ living expenses. Do you agree or disagree the restoration of the committee's meeting pists, and other health professionals provide J that the U.S. should also provide housing rooms. The Committee on Ways and Means is medical care, physical, speech, and occupa­ and living expenses? the longest standing committee in the House. tional therapy, rehabilitation services, prenatal Percent Carole's efforts have been instrumental in pre­ and postpartum care, nutritional counseling, Strongly agree...... 12 serving the history of the committee. and other health-related services, as needed, Agree...... 22 to nearly 1 million home-bound patients. Undecided ...... 36 I want to pay tribute to Carole's family as Disagree...... 18 well. Her husband, Tom, and her three chil­ In addition, volunteers from each community Strongly disagree...... 12 dren, Molly, Tommy, and Kate, showed a assist the VNA's by delivering Meals-on­ APPEL. Recently NASA's administrator, wealth of patience over the years on those Wheels to patients, reading to them, running James Fletcher has proposed to the White many late nights when Carole stayed to work errands, and generally serving as patients' House a plan for a space station launched on a conference committee or make sure we companions. The volunteers help cheer and by the U.S. Already an unmanned mini- filed a bill on time. comfort patients and try to make chronic and

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. May 24, 1988 EXTENSIONS OF REMARKS 12197 acute illnesses more bearable. Volunteers immunizing the developing children. VNA's co­ embroidery for all the parts of their costumes. also provide respite for frequently overbur­ ordinated social and health care for needy These costumes have been on display at the dened family members. families and individuals. Visiting nurses provid­ American Museum of Natural History. Their communities also assist VNA's finan­ ed, and continue to provide, home health care I am glad to honor the Polish American Folk cially, either through direct contributions or services to immigrants and to virtually every Dance Co., which is dedicated to monitoring through local foundations and charities. Medi­ ethnic group and culture in the United States. their Polish culture and traditions and have cal professionals oversee the quality of VNA From the beginning, visiting nurses have played an extensive role in the preservation of programs and to ensure that patients who been activists, who have recognized that seri­ Poland's cultural treasures. The company's ef­ need care receive it. It is this strong communi­ ous health problems required bold solution. forts are a part of what continues to make ty support, both fiscal and physical-in the These so-called foot soldiers in the struggle America great through its diversity of culture. form of volunteers-coupled with the commit­ for improved public health continue to operate ment to quality care for anyone in need, that in the forefront of home medical care. Visiting distinguish the visiting nurse associations from nurse associations were among the first orga­ OMNIBUS TRADE BILL other health care organizations. nizations to provide physical therapy, diagnos­ Frequently we hear the expression that pa­ tic tests, and durable medical equipment to HON. DOUG BEREUTER tients are being sent home "quicker and the disabled in their homes. They were one of OF NEBRASKA sicker" as our hospitals cope with the need to the first groups to recognize the home care hold down medical care costs. Because this is needs of AIDS victims. IN THE HOUSE OF REPRESENTATIVES a trend that is bound to continue, and be­ Visiting nurse associations were on the Tuesday, May 24, 1988 cause our population is aging, the need for leading edge of home intravenous therapy Mr. BEREUTER. Mr. Speaker, I want to home care will continue to grow. As we in and respiratory care. Today they continue to commend to my colleagues a recent editorial Congress struggle with ways to meet this lead the way in maternal child care, including on the omnibus trade bill carried in the Jour­ need, I hope that we will once again thank early maternity discharge and home photo­ nal of Commerce. The article, "How Laws Are those selfless health care professionals and therapy. In some cities, VNA's also have de­ Made", correctly points out that the process community supporters of the visiting nurse as­ veloped special shelters where the homeless, of making laws is not simple. In the case of sociations who have been working on this drug addicts, and other unfortunate people the trade bill it was an extremely complex and problem for so many years. can receive the kind of home care that other­ cumbersome procedure lasting some 3 years, wise would not be available to them. involving 17 subconferences and almost 200 Perhaps because visiting nurse associations INTRODUCTION OF NATIONAL Congressmen. What emerged from that proc­ have been composed primarily of women, or ess is a moderate, respectable bill which indi­ VISITING NURSE ASSOCIA- perhaps because they worked in homes, out TIONS WEEK cates to the world that we are serious about of the limelight, the VNA's have not received reducing our trade deficit and that we will im­ the public recognition and thanks that they de­ plement the principle of reciprocity in market HON. MARY ROSE OAKAR serve. By naming February 19-February 25 as access. The law contains numerous provisions OF OHIO National Visiting Nurse Associations Week, we to help us accomplish these goals. IN THE HOUSE OF REPRESENTATIVES can pay tribute to the efforts of the visiting The bill is not perfect but it does give us Tuesday, May 24, 1988 nurses and their contributions to our public significant impetus to move forward. It pro­ health. This proclamation recognizes not only Ms. OAKAR. Mr. Speaker, it is with great vides the basis upon which to act in address­ the medical professionals of the VNA's, but ing our trade deficit. It sends a signal to our pleasure that I join my colleague, Mr. HEFLEY, also the volunteers in each community who in introducing the resolution naming February trading partners that we are serious. It is enable the visiting nurse associations to carry indeed unfortunate that after such a long 19-February 25, 1989, as "National Visiting out their vital mission. Nurse Associations Week." process in which broad consensus was Judy Garland's comment as Dorothy in the reached, a relatively unimportant provision has "Wizard of Oz"-"There's no place like A TRIBUTE TO THE POLISH so totally diverted us from our goal. Without home" -has special meaning for those pa­ AMERICAN FOLK DANCE CO. this bill, we have no charter for action and tients who have been nursed back to health, appear to lack resolve. It should become law. received physical or occupational therapy, or HON. STEPHEN J. SOLARZ [From the Journal of Commerce, May 20, 19881 been allowed to die with quiet dignity in the OF How LAws ARE MADE security and comfort of their own homes. Yet, IN THE HOUSE OF REPRESENTATIVES many patients would not be able to choose REMEMBER READING THOSE DRY the preferred option of home care if it were Tuesday, May 24, 1988 TOMES in school about how laws are made? not for the community based, nonprofit visting Mr. SOLARZ. Mr. Speaker, I wish to pay The process looks so simple. A bill starts in nurse associations. The VNA's are the primary tribute to the Polish American Folk Dance Co. committee, is marked up, sent to the floor, home care providers who are committed to that is celebrating its 50th anniversary. This amended and, following the arrows, goes to the other house for similar consideration. assisting people with low and fixed incomes­ fine organization was established in 1938 by Differences are reconciled in a conference those who all too often are most in need of Frances Wesolowska to preserve Polish folk committee, which sends the final bill to the home care and can least afford it. dance forms and songs among Americans of president. I am sure that many of my colleagues have Polish descent. This may be mundane stuff, but after the examples within their own districts, perhaps The Polish American Folk Dance Co., has six-month-long House-Senate conference on even within their own families, of people who participated in five World Festivals of Polish the trade bill, it has come to sound like fic­ turned to the visiting nurse associations for Folk Dance in Rzeszou, Poland, where it re­ tion. The final chapter may be written as home health care assistance. ceived several awards. In 1979, the company early as today, when President Reagan vetos the bill. Visiting nurse associations have made a received its highest honor-the Oskar Kolberg The cumbersome way in which Congress considerable contribution to the health of this Award-for its work in researching and pre­ deviated from the textbook process, creat­ country over the past 1oo years. They have senting Polish folk culture to American audi­ ing a conference committee involving 200 shown patients and their families, whether in ences. members of Congress representing 23 stand­ inner city slums or migrant camps, how to In 1981, Mr. Stanley Pelc, the company's di­ ing committees, did as much as anything to reduce the spread of germs through sanitary rector, received the Order of the Merit of Cul­ determine the conclusion. Because so many living conditions. They have taught new moth­ ture for propagating Polish culture in the committees were involved, the usual rules ers good nutrition and prepared wholesome United States. and procedures flew out the window. As a result, a generally good bill will fail on one meals for the elderly homebound. For many The company is also well-versed in Polish provision of marginal importance, a loosely years, they guaranteed the survival of infants handicrafts, and its members have demon­ written section that will require some com­ from impoverished families, first by furnishing strated their abilities by doing the actual panies to give some workers 60 days' notifi­ them with a steady supply of milk, and then by sewing, crocheting, lacemaking, beadwork and cation that they will lose their jobs. 12198 EXTENSIONS OF REMARKS May 24, 1988 The unhappy history of the Omnibus minuses. The president should thank his ervation of white minority privilege. In an Trade Bill dates back to 1985, when the ad­ lucky stars that although the process didn't important sense, South African society ministration to respond to the follow the book, the product came out economy operates as one vast slave planta­ public clamor for action on trade by offer­ almost as well as if it had. tion. Blacks have little control over their ing legislation. Members of Congress took own destinies. They cannot freely determine the initiative, and "trade" legislation quick­ neither where they live nor the conditions ly became "competitiveness" legislation as under which they work. They have no im­ provisions concerning tariffs and unfair im­ CONGRESSMAN WOLPE'S "SOUTH portance to the white minority except as a ports were packaged with job-training AFRICA: A CASE FOR SANCTIONS" pool of cheap labor required to keep South schemes, education programs, changes in African mines and economy going and the farm subsidies and calls for closer coopera­ white minority prospering. tion to stabilize exchange rates. The admin­ HON. CHARLES B. RANGEL That is why anti-sanctions advertisements stration responded with its own competitive­ OF NEW YORK such as the one sponsored by the South Af­ ness program, which covered an equally IN THE HOUSE OF REPRESENTATIVES rican Business Council that appeared re­ wide array of matters. A bill limited solely Tuesday, May 24, 1988 cently in the Washington Post-in which a to trade was never under serious consider­ picture of a zebra was presented with a cap­ ation. Mr. RANGEL. Mr. Speaker, I would like to tion that read, "Shoot it in the White and As with all major bills, this one gathered share with you an article from the distin­ the Black dies with it" -can only be charac­ additional moss as it rolled along. The struc­ guished gentleman, Mr. WOLPE, on the case terized as obscene. What that ad reveals is ture of the conference committee had much that some of the principal beneficiaries of to do with the outcome. The plant-closings for economic sanctions in South Africa. Mr. WOLPE's case should illustrate to us all the apartheid, the white South African business provision, for example, was handled in Sub­ interests for whom apartheid has been so conference Eight

pean specialist for Freedom House. It i~ a social space which makes it possible to push publications that are coming out of the un­ most thoughtful piece and I want to provtde for more than just another version of an derground. The competition of official uni­ my colleagues with an opportunity to _read it. I "improved Communism;" versities against unofficial ones has changed 4. those who resist reforms because they the face of the curriculum in the official am submitting the article, "Poland tn 1988: have a vested interest in the system in its schools, where Marxist-Leninist classes are Besieged Government, Besieged Oppositio~," present form. . more and more present only in rudimentary in the hopes it will enhance our understandtng Poland is a special case among Commumst forms. The existence of an independent po­ the situation in Poland. nations because, due to the developments litical culture that ignores the official one POLAND IN 1988: BESIEGED GOVERNMENT, seven years ago and since, the first group of has forced the regime to start talking about BESIEGED OPPOSITION people is the most numerous one and grow­ a political reform of its own. However, the

19-059 0-89-11 (Pt. 9) 12226 EXTENSIONS OF REMARKS May 24, 1988 groups, that now add new hues to the al­ These responsibilities would be replaced by Compact of Free Association with the U.S. ready colorful dissident spectrum. self-governing authority under a compact of All of the referenda of the Compact and two The government has been forced to legal­ free association. After five referenda in Palau of the amendment referenda on the Consti­ ize severa.l underground magazines. Res failed to approve the compact, proponents tution were apparently a result of sustained Publica bt:·came the first magazine in the pressure on Palau by the Administering Communist bloc to be granted full inde­ last summer tried to do away with a constitu­ Power designed to persuade it to alter its pendence. There are, however, in Poland tional requirement that it be approved by a 75 constitution either to allow the United several semi-independent magazines with percent favorable vote. A sixth vote was then States to "store" nuclear weapons or, at a ties to Catholic church, such as Tygodnik held by Palau's president to have approved later stage, to "operate" ships and aircraft Powszechny and Wiez. The government has the compact, a position later taken by Presi­ with nuclear devices within the territorial been increasingly reluctant to censor them. dent Reagan. jurisdiction of Palau. Another success of the opposition was last When this maneuver was challenged in 4. The August 1987 referendum purport­ October's boycott of the referendum, which Palau's supreme court, challengers were sub­ ing to authorize, by an amendment to the the government hoped to use as a spring­ constitution, a 50% vote on the Compact of board for its economic reforms that includ­ jected to serious violence. Their suit was with­ Free Association raises serious, substantial ed sharp price increases. The opposition, es­ drawn amid indications to the courageous as­ and arguable questions of constitutionality pecially the Solidarity Union, objected to sociate supreme court justice, Robert A. which can only finally be passed upon by the referendum because the opposition Hefner, that the withdrawal may have been the Supreme Court of Palau. groups had not been consulted by the gov­ brought about by "intimidation through the use 5. Attempts by Palauan citizens to raise ernment on the program and because the of violence". these questions have been thwarted in the reform was insufficent, shifting the burden An investigation convinced members of the first instance by a behind the scenes ar­ of economic change on workers. Committee on Interior and Insular Affairs that rangement between top government offi­ THE FUTURE cials and the litigants and in the second in­ President Reagan's request for authority to stance by threats of violence and intimida­ It is clear that no positive solution to put the compact into effect should not be ap­ tion against the plaintiffs. These acts, many Polish problems can be found without the proved until the challengers could exercise of which were plainly criminal in nature in­ willingness of the government to share some their rights, Palau has clearly approved the cluded fire bombing, shooting at the homes of its power with those in the opposition of some of the plaintiffs, direct threats of who now represent the majority of the compact, and other problems are addressed. The situation also prompted concern within violence to many of the plaintiffs, and the nation. The Poles also insist that the leader­ murder of the father of one of the main ship in Moscow must deal not only with the the International Commission of Jurists [ICJ], and its American affiliate. So, this respected plaintiffs. Polish government that represents a few 6. There has been an illegal and improper but with the representatives of independent U.N. consultative organization sent a mission interference with and pressure upon the in­ movements that speak for a majority of to investigate the rule of law in Palau. dependence of the judiciary in that: Poles. The new series of strikes in Poland The able team consisted of the ICJ's execu­ A. Members of the Legislature engaged in clearly represent a challenge not only to tive committee chairman and American affili­ express threats to the Chief Justice; Jaruzelski but also to Gorbachev. Glasnost B. Members of the Furlough Committee is looked upon with sympathy by many in ate president, William J. Butler; a senior-and former chief-judge of the U.S. Sixth Circuit have filed a petition for the removal of the Poland, but the majority of Poles do not Chief Justice from a case; think that glasnost offers them any direct Court of Appeals, George C. Edwards; and the president of the court of appeal of the C. A series of oral threats were made di­ benefits. Glasnost influences their leaders rectly and indirectly to the members of the and perhaps makes them more tolerant. New South Wales, Australia, supreme court, Judiciary of Palau and their families; and However, as many an opposition leader in­ Michael D. Kirby. D. An organized attempt to threaten the sists, the Polf ~ s are already far beyond any­ Their detailed report has made an important Judiciary by surrounding the Supreme thing that Gorbachev may hope to achieve contribution to understanding of what hap­ Court building with campers who wore "red in the Soviet Union. Gasnost is aimed at cre­ bands" and who camouflaged a government ating "democratization" within official pened last summer, efforts to approve the compact, and problems faced in Palau. It was truck to appear to be a coffin with words in­ structures. The Poles strive for democracy scribed on it "red september". outside the officlal structures. issued just days before Justice Hefner ruled on a refiled challenge that the compact has 7. Specifically we conclude that the with­ It seems that the power and the future of drawal of this case entitled Ngirmang, et al. the Polish g·)Vernment depends to a large not been approved by Palau. v. Salii, et al., was involuntary. Such with­ extent on Soviet backing. The present Mr. Butler presented the mission's findings drawal was brought about by "intimidation round of strikes is a test of the Soviet will­ to the U.N. Trusteeship Council last week. I through the use of violence". Accordingly ingness to back its allies in the age of glas­ ask that their conclusions and recommenda­ we conclude that because substantial consti­ nost. Anything short of a clear willingness tions be included in full in the RECORD so that tutional issues cannot be challenged and de­ to launch a military invasion on behalf of a termined in Palauan courts, because of client regime is likely to encourage the op­ Members will be fully aware of the challenge to the rule of law in Palau. threats to litigants, lawyers and the judici­ position to step up its efforts to limit the ary, there has been a breakdown of the power of the Polish government and claim PALAU: A CHALLENGE TO THE RULE OF LAW IN Rule of Law in Palau. some of the power for itself. It remains to MICRONESIA 8. It is our duty to report our conclusion be seen whether the Poles can succeed. As SOME CONCLUSIONS that there is evidence of government com­ at many times in their history, their pro­ 1. Faced with conditions tantamount to plicity in many of the matters raised in this spective freedom depends on the intentions economic bankruptcy, the resultant loss of report that concludes: of their powerful neighbor to the East. jobs in the public sector which employees Constant and repeated public statements 60% of its workforce, Palauan Executive, by government officials on the government Political and Judicial Institutions, for the controlled radio attacking or denigrating INTERNATIONAL COMMISSION period beginning in July 1987 to September the Judiciary or referring to the "tyranny OF JURISTS REPORTS CHAL­ 1987, were under such severe strain as to of the courts". LENGE TO THE RULE OF LAW cause us to conclude that there existed a Police participation or acquiescence in IN PALAU virtual breakdown of the Rule of Law these events, by failing to maintain law and during that period. order, and by the failure of police and the 2. Even six months later, when the Mis­ Attorney General to pursue claims. HON. RON de LUGO sion visited Palau, we felt that there was Constant pressure on legitimate opposi­ OF THE VIRGIN ISLANDS ample evidence that the right of Palauan tion, such as the threatening loss of jobs IN THE HOUSE OF REPRESENTATIVES citizens to seek redress of their constitution­ and assignment of opponents to uncomfort­ al rights in the courts of Palau was at the able shifts. Tuesday, May 24, 1988 very least, inhibited and in some instances Threats by police officials concerning the Mr. DE LUGO. Mr. Speaker, the United prohibited by a climate of fear and intimida­ withdrawal of legal actions. tion originating from certain segments of Threats of the denial of scholarship to States is fully responsible for the Pacific is­ Palauan society. members of the families of those opposing lands of Palau under an agreement with the 3. In the last eight years the Palauan the compact. U.N. Security Council. Our responsibilities in­ people have had four referenda relating to Sadly there are also serious allegations of clude providing and maintaining law, and pro­ their constitution which in 1979 they rati­ corruption against prominent Palauans, tecting fundamental freedoms. fied by a 92% vote and six referenda on the which we consider it proper to mention but May 2#;, 1988 EXTENSIONS OF REMARKS 12227 not elaborate. There were also many allega­ tice threatening his removal if he did not ercion is fully set out above. But in summa­ tions of incompetence and waste, the use of decide a constitutional case before him in a ry it included: government property for private purposes designated way; letters to him by members Fire bombing of houses. and alleged bribes regarding the building of of the legislature expressed in intimidating The interruption to the power supply. a power plant. language designed to influence his perform­ The gathering of violent demonstrations 9. We conclude that the Eleventh Legisla­ ance of his judicial duties; and the gather­ in the vicinity of the courthouse and legisla­ tive Session of the National Congress of ing of large and violent crowds in the vicini­ ture. Palau of July 1987 was held in a climate of ty of his courthouse. Peaceful demonstra­ The actions of the demonstrators in as­ near hysteria; that Legislators were coerced tion of a point of view is a mark of a free so­ suming the wearing of red headbands and in into voting in favor of the bill authorizing ciety. Mob rule around the courts, with painting a van used by them with threaten­ the Amendment to the Constitution and ap­ threats to the judiciary, and to litigants is ing slogans. proval of the Compact referenda of August the very negation of freedom under law. It Murder of the father of one of the plain­ 1987 and that such legislation did not freely is vital that the government and citizens of tiffs, serious escalation of violence and the reflect the considered political will of the Palau-and all others watching these outcome of a period of mob rule. Palauan National Congress, as the Constitu­ events-should realize this. What is at stake The executive branch of government in­ tion of Palau envisaged that it would be ex­ is not just the wish of the people, democrat­ cluding the police were either unable or un­ pressed. ically elected. It is nothing less than the willing to provide security to the litigants to 10. We conclude that the Palauan Bar As­ right of litigants to test the compliance of defend their right to litigate a serious con­ sociation failed in its duty to maintain the that democratic expression against the re­ stitutional question in the Supreme Court. Rule of Law when it knew, or should have quirements of the people's constitution and Individual threats were addressed to the known, that judges, lawyers and litigants the entitlement of the judiciary to deter­ Palauan women who brought a case in the were being threatened in their professional mine that question. If legal processes break Supreme Court as well as to their families capacity. It should be pointed out that the down once, a dangerous precedent is set­ as recounted to the Mission and set out in brother of the President, Carlos Salii, is the and the rule of violence, intimidation and this report. President of the Palauan Bar Association. oppression replaces the Rule of Law. 19. It is not necessary for the Mission to INDEPENDENCE OF THE JUDICIARY AND THE 16. In the sequence of events disclosed in judge-nor would it be appropriate-wheth­ LEGAL PROFESSION this report there is a possible appearance er the Palauan women have a valid claim 11. The constitution of the Republic of that Chief Justice Nakamura yielded to that under the constitution of Palau to challenge Palau establishes an independent judiciary. pressure. He made an order which was un­ the purported constitutional amendment There is much evidence that the Supreme popular. Yet within a very short time of preliminary to the execution of the Com­ Court of Palau has exercised its independ­ doing so he vacated that order and revoked pact. Nor is the Mission concerned with the ence and in numerous suits reversed the it soon after disqualifying himself. He did validity of those amendments, the applica­ acts of legislative and executive branches of so, as is publically known, after the receipt tion of customary law to the conduct of the government when the constitution or law of of intimidating letters and a petition threat­ women, the application of the principles of Palau was held to so require. ening his removal. In these circumstances, res judicata or the availability of defenses 12. The justices of the Supreme Court are the appearance of the independence of the of accord and settlement. These are entirely sufficiently alert to the challenges to their judiciary was damaged. The blame for this matters of the Palauan courts. Nothing in independence to the operation of the Rule fact must be placed principally at the door this report should be read as expressing a of Law in Palau whilst at the same time sen­ of those persons responsible who publically view or any of these questions. It is suffi­ sitive to the lack of understanding, in some or otherwise threatened the Chief Justice. cient for the purposes of the Mission to say quarters including in the government, of We do not say the the Chief Justice was ace that a serious constitutional quesion, which the vital importance, for the long term wel­ tually intimidated. But damage can be done was arguable, was raised by the suit of the fare of Palau, of adherence to constitutional by the appearances of intimidation and the Palauan women. They should have been al­ processes and compliance with legal forms. appearance of yielding to pressure. The lowed to bring it and have it peacefully re­ 13. Proof positive of the independence of question is what reasonable observers of solved in a court room. Instead they were the justices of the Supreme Court can be these events would infer from them and the coerced into seeking an adjournment or a found not only in the history of governmen­ conclusions they might draw concerning the discontinuance of it. That coercion under­ tal litigation generally. It can be found in independence of the Supreme Court of mines the Rule of Law in Palau and the ap­ many decisions associated with the constitu­ Palau. pearance of the independence of the Pa­ tional evolution of Palau. Most notable of 17. The Mission was greatly impressed by lauan courts to resolve serious questions ac­ these have been the judgments in Gibbons the insight of the Justices of the Supreme cording to law. vs. Remeliik and Gibbons vs. Salii and the Court of Palau into the important princi­ 20. In addition to the pressure applied to very observations of Judge Hefner in Ngir­ ples at stake here, vital for the well being of the judiciary, legislators and litigants, im­ mang vs. Salli which contributed to the the people of Palau. The assignment of the proper pressure was also applied to some reason for this Mission. litigation to Judge Hefner and his memo­ members of the legal profession known to 14. The current circumstances in Palau randum referring to possible intimidation is be concerned in the prosecution of the con­ make it more important than ever that the proof, if it be needed, of the independence stitutional litigators. One of them, Roman judicial branch of government be supported and courage of the Justices. It would be a Bidor, was the son of the man murdered and by the citizens and by all those having it in misfortune if it were considered necessary it was in his office that the murder oc­ their power to lend support. The reasons in­ or even desirable in such sensitive situa­ curred. Cars were damaged by the smashing clude not only the fine principle of the Rule tions, always to resort to off island judges of of the front windows. The response of the of Law as the best guarantee of freedom non Palauan origin. For the survival of the Bar Association to these shocking events and the defense of human 'rights. They Rule of Law in Palau in the long term, it is was, it must be said, inadequate. Instead of extend beyond the vital importance of con­ essential that such independence be demon­ rallying in a single voice to denounce these stitutionality at this critical stage of transi­ strated, repeatedly, by indigenous judges in assaults on the Rule of Law and the intimi­ tion in the evolution of Palau to full inde­ Palau. The rule of Law is most important dation of the Judiciary and colleagues it was pendence in the community of nations. when it is most severely tested. decided instead to seek advice from the They concern the very practical problems of 18. Statements were made to the Mission, American Bar Association on what should everyday importance to Palau and its which it also accepts and finds believable, have been obvious to any lawyer. Unless people: the growth of higher levels of vio­ that the litigants before the Supreme Court lawyers rally around and together defend le~ce, the evidence of social disruption, new in the cases designed to test the constitu­ the Rule of Law, the judiciary and constitu­ problems involving narcotic drugs and the tionality of the amendment for the purpose tional institutions, they abandon their his­ breakdown of the effectiveness of tradition­ of adopting the compact, were intimidated torical role. This includes, ultimately, put­ al authority. These problems, and the need and discontinued those proceedings out of ting individual interests aside and even the for a strong judicial branch of government fear. The Ibedul who was believed by many interests of particular clients aside when to deal with them, is appreciated by many to be supporting the litigation in the Merep the very institutions by which those inter­ in responsible positions in Palau. It is cer­ case was afraid of the breakdown of law and ests are safeguarded are under siege. In the tainly appreciated by the judiciary. But it is order and had himself been the subject of unhappy event of a repetition challenge it is not appreciated by all. thinly veiled threats. The Palauan women hoped that the Bar Association will show 15. Unprecedented and unacceptable pres­ who then brought a case in virtually identi­ more resolve. sure-and the public appearance of pres­ cal terms were then submitted to unprece­ 21. Individual lawyers have done things sure-was placed upon the Supreme Court dented coercion in order to dissuade them which appear to the Mission incompatible of Palau during the third quarter of 1987. It from exercising their constitutional rights with respect for the judiciary and the Rule took the form of petitions to the Chief Jus- before the Supreme Court of Palau. The co- of Law. For example, it would seem quite 12228 EXTENSIONS OF REMARKS May 24, 1988 wrong for the lawyer for the Furlough Com- would seem inconsistent with a lawyer's car- continuance or adjournment of their pro­ mittee to have participated in the writing of dinal duty to be involved in such an act or ceedings which were lawfully before the the August 19th Petition threatening the thereafter to participate in steps intermed- court, and to secure their termination out of Chief Justice. Whatever the motives-which dling in private litigation, involving the fear. the Mission has no prerogative to judge-it women plaintiffs, designed to effect the dis-