Micronesia in Review: Issues and Events, I July I99I to 30 June I992

Reviews of the Federated States of tion from fifty to fifteen years, but Micronesia and Guam are not included without a reduction of the US$70 mil­ in this issue because of circumstances lion trust fund. (4) Belau should negoti­ beyond our control. ate to retain eligibility for federally funded programs, most-favored-nation BELAU trading status, authority to arrange air route agreements with Asian and Belau's political status issue, campaign­ Pacific countries, and technical assis­ ing for primary and general elections, tance for improving Belau's telecom­ allegations regarding the assassination munications system. of former President Haruo Remeliik, President Etpison and the congress significant court cases, and a visit of leaders wrote to the US secretary of the United Nations Trusteeship Coun­ state regarding these issues in October cil team to Belau were the major events 1991. In November the US State of1991-92. Department liaison officer in Koror, The situation of Belau's political sta­ Lloyd Moss, responded by noting that tus was virtually intractable during the Belau's proposals would be reviewed period under review. A seven-member on an interagency basis and that the Belau Working Group, asked to iden­ United States would not favor changes tify with US officials problematic areas to the compact before an amendment of the compact for possible renegotia­ to the Belau constitution. Moss further tion, issued its report to President Etpi­ stated that the United States had not son and leaders ofthe Olbiil Era Kelu­ changed its "neither confirm nor deny" lau (OEK, Palau National Congress) in policy regarding nuclear-armed mili­ August 1991. After discussions with US tary ships and aircraft. Ambassador James Wilkinson in In the meantime, political activists Belau, the working group concluded: supporting President Etpison launched (I) the United States will not agree to a petition drive to amend Belau's con­ separate its defense and security obliga­ stitution to allow approval of the com­ tions from the compact agreement. (2) pact by a simple majority vote. This The United States had modified its initiative, provided for by Article 14 of position on the military land issue; the constitution, generated some 3300 Palau should identify and designate signatures in support and was submit­ specific land areas that it is willing to ted to Belau's leadership in April 1992. give up for United States military use In September 1991 the House of Dele­ or options for use; compensation gates of the OEK had authored a bill would be provided, and those lands providing for such an amendment ref­ would be committed for fifty years, erendum, but the Senate did not together with denial rights for the respond to the House's effort to move United States. (3) Belau should negoti­ the status issue. In late April 1992, ate a reduction of the compact's dura- President Etpison transmitted to the

134 POLITICAL REVIEWS· MICRONESIA 135 senators a proposed bill for a referen­ the US Congress calling for two dum. Again, the Senate did not changes in the compact: a reduction in respond. Finally, in mid-May, Etpison the duration of the agreement from promulgated Executive Order III, pro­ fifty to fifteen years and a provision viding funds and procedures for a con­ that the United States identify specific stitutional amendment referendum to land it requires for military purposes. be held on 13 July 1992. However, a With all thirty of the members of week prior to that date, Ibedul Yutaka Belau's OEK standing for reelection in Gibbons, the Senate, and others, filed November 1992, the legislators felt the suit challenging the authority of the pressure of events and finally compro­ president to take such action. On 9 July mised on a referendum date of4 Acting ChiefJustice Arthur Ngirakl­ November, the same date as Belau's song issued his decision supporting the national elections! plaintiffs. The 13 July referendum As noted, the thirty-two congres­ could not be held. The judge ruled that sional, presidential, and vice presiden­ President Etpison's executive order tial seats will be contested in 1992. For "unconstitutionally usurps the OEK'S the first time since constitutional gov­ power to enact enabling legislation ernment began in Belau in 1981, the which establishes the procedures for a republic's electorate will participate in referendum pursuant to Article 14 of both primary and general elections. the Constitution." Further, the judge Only the executive posts will be con­ ruled that the constitutional right to tested in the primary on 22 September. amend the supreme law ofthe land via After several experiences with minority popular initiative is not self-executing, chief executives gaining office with less but requires action of the national con­ than a majority-Haruo Remeliik and gress as a separate but equal body to Alfonso Oiterong with 31 percent in the executive. In short, the president 1980, Thomas Remengesau with 26 did not have the power to enact legisla­ percent in 1985, and Ngiratkel Etpison tion by executive order. with 26 percent in 1988-the OEK wrote The issue continued to brew for a bill, establishing a primary election another month but without the vio­ for the executive posts, which Mr Etpi­ lence and intimidation of a similar son signed into law in 1991. standoff during the furlough period in Challenging Etpison, who is 66, are 1987. The Senate, hoping to get com­ Vice President and Minister ofJustice pact concessions from the United Kuniwo Nakamura, 48, and Attorney States, passed a referendum bill setting Johnson Toribiong, 45. Both younger up procedures for a vote on 9 February men were members of the Palau Con­ 1993. The House responded with the stitutional Convention and national date of 22 September, the date of the congress. They are capable, bright, primary election. From the US side, competitive, and have been campaign­ Delegate Ron de Lugo and Representa­ ing hard to make it through the pri­ tive George Miller (both Democrats) of mary. Mr Etpison kicked off his cam­ the House Committee on Interior and paign in December 1991 but does not Insular Affairs introduced legislation in have much to show for four years in ment

THE CONTEMPORARY PACIFIC· SPRING 1993 office except stability. That may not be suit brought by several Koror senators enough against two ambitious, ener­ challenging the plan of the 1992 Reap­ getic opponents who are adept at dis­ portionment Commission. The plan cussing issues, and seasoned, skilled reduced the number ofseats in the Sen­ campaigners. ate from fourteen to thirteen, and rear­ For the vice presidency, four candi­ ranged the placement ofthose seats. dates have emerged six weeks prior to Koror lost representation with a reduc­ the primary. Senator Minoru Ueki, 62; tion from nine to seven seats, but Senator Tommy Remengesau, Jr, 38; Babeldaob gained one seat for a total Governor Moses Uludong, 42; and, of five. This new arrangement so unexpectedly, Sandra Sumang Pieran­ angered the Koror senators that with tozzi, 39, currently Belau's minister of the help of the speaker of the Koror administration in the Etpison govern­ State Legislature they petitioned the ment. All the men have considerable Belau Supreme Court. In July, Associ­ experience in running successful cam­ ate Justice Sutton ruled in favor of the paigns, and this puts Pierantozzi at a petitioners, stating that the commis­ disadvantage. Further, Belauan voters sion erred fundamentally "in giving have not traditionally supported voter registration too much weight by women candidates because of the cul­ basing its plan on population and voter tural notion that politics is men's busi­ registration" (Civil Action no. 13-92). ness. However, Pierantozzi has a solid The incumbents were elated with the record of accomplishment in her minis­ decision. Nevertheless, the issue of terial work and as a member of the reapportionment is a very complicated working group mentioned earlier. She one because Belau is a bunched island was drafted by a group ofwomen who, group where people are constantly if they get organized, can have a major moving. Babeldaob has nearly twice as impact at the polls, particularly in the many registered voters as residents, primary where a candidate would need whereas Koror has three times more about three thousand votes to get into residents than voters. The commission the general election in November. considered this dynamic in recognition Congressional seats are actively cov­ of both population and registered vot­ eted in Belau. Candidates will compete ers ofthe sixteen village complexes for the fourteen seats representing when devising their formula for reap­ Koror (pop 10,501), Belau's largest portionment. island of Babeldaob and its only atoll, At the close of1991, President Etpi­ Kayangel (pop 3731), and the southern son again issued two pardon orders. islands ofPeleliu, Angaur, Tobi, and He has been criticized for his lack of Sonsorol (pop 890). Incumbents in the restraint in this area. The orders were House, on the other hand, will not face for Paul Ueki and Tadashi Sakuma, such intense competition as is evident who were convicted of the drive-by in the Senate. Thirty-seven candidates shooting into the home of former have filed for the sixteen House seats, House Speaker Santos Olikong during three of which will be uncontested. An the violent furlough period of1987. interesting sidelight to these races is the In February federal Judge John Gar- POLITICAL REVIEWS. MICRONESIA 137 rett dismissed the class-action lawsuit had land leases granted by the Ibedul, Ibedul Gibbons and others had filed on causing a reversal of the House's earlier behalf of all Belauans against the US position. O'Brien ended the affair by Department of Interior. Gibbons and graciously resigning. others claimed the United States had Bedor Bins was murdered during the not fulfilled many of its trusteeship violence of the 1987 furlough period. obligations. The dismissal was issued No serious action was taken on the because the plaintiffs lost their attorney case until after the 1991 investigation of and did not find another. The suit was police practices by a joint congres­ big news in Belau, but was designed to sional committee and the employment give the Ibedul and his supporters of a special prosecutor, David Webster. media coverage, and as a mild chal­ Webster worked assembling evidence lenge to secretarial order 3142, which but did not have a witness who was many political leaders claim is inhibi­ personally involved in the conspiracy. tory. As a result, the four men charged with The Palau Supreme Court lost two the crime were acquitted on the basis of justices in 1992. ChiefJustice Mamoru insufficient evidence. Nakamura, 52, died of a heart attack in The first substantial information April. He was appointed to his post concerning the 1985 assassination of soon after constitutional government Haruo Remeliik, the former president began in 1981, and was highly of Belau, came with the arrest ofJohn respected for his careful, calm ap­ o. Ngiraked, 58, his wife, Emerita proach. During the chaotic furlough Kerradel, Patrick Remarii, and Sulial period of1987, Nakamura was physi­ Heinrick (Pacific Daily News, 21 cally threatened. However, he pre­ March 1992). In an affidavit filed in the served the integrity ofthe judiciary and Belau Supreme Court, Remarii con­ did not bend to political pressure or fessed that he shot and killed Remeliik ugly threats. Judge Nakamura was in the driveway of Remeliik's home on buried on Peleliu, the island of his 30 June 1985, and that Sulial Heinrick birth. assisted him; also that Ngiraked, his Associate Justice Fredrick O'Brien wife, and the late Heinrich Ngewakl, resigned in early August. He was the stepfather of Sulial, hired the two men subject of a congressional investigation to carry out the killing. Ngiraked is and impeachment proceedings. The from one of Belau's two elite clans and legislators were very concerned about has been prominent in political affairs the judge's extramarital indiscretions, since the 1960s. He ran unsuccessfully and after agonizing for two weeks the for the presidency of Belau in 1980 and House decided to end the investigation 1988, and served as minister of state in because they could discover no consti­ the government of the late President tutional grounds for impeachment. Lazarus Salii. Ngiraked acknowledged Koror's traditional leaders, Ibedul and his involvement in the three months of Bilung were unhappy with a recent violence in 1987, and informed sources land decision by O'Brien and put con­ in Belau state that he was involved in siderable pressure on legislators who the 1970 attempted assassination of THE CONTEMPORARY PACIFIC· SPRING 1993

Roman Tmetuchl, Ngiraked's political obsolete once the status issue is rival for a senate seat in the then Con­ resolved. gress ofMicronesia. In 1984, prior to The mission was not impressed by Remeliik's reelection, Ngiraked Belau's economic situation. It con­ declared that Remeliik's government cluded that the national master plan was one of despair and emptiness and being prepared could be a guide for called on the president to resign. Judge development, but that possibilities for Loren Sutton set bail for Ngiraked and small-scale rural development projects his wife at $25,000 each and ordered should not be held up by the approval the couple to surrender their travel process. The mission had serious con­ documents and be placed under house cerns about the debt national and state arrest. Remarii and Heinrick were governments had incurred for capital already in prison for convictions unre­ improvement projects. It recom­ lated to the Remeliik assassination. mended greater emphasis on career Special Prosecutor David Webster will training for the tourist sector and that a take the case to trial in November 1992 high priority be given to maximizing but, as in the Bedor Bins case, the future revenue from fisheries. Finally, veracity of the evidence will be the key the mission strongly recommended that element in this sensational case. Belau officials pay close attention to The United Nations dispatched a sound non-debt-creating investment in visiting mission to Belau in March 1992 future development projects. to obtain firsthand information con­ The United Nations visitors noted cerning political, economic, and social progress in health care, prison condi­ developments in the world's last trust tions, and the campaign against illegal territory. The mission concluded that drugs. They urged the United States to many Palauans want resolution of the assist Belau in dealing with the long­ political status issue as soon as possible standing problems of illegal fishing, the and expressed hope that the political survey ofland, and adjudication of status impasse could be resolved speed­ land claims and disputes. The 1992 trip ily "so that the Trusteeship Council will likely be the last time the United and Security Council can proceed to Nations sends a visiting mission to the termination ofPalau's Trusteeship Belau. status, which is now something of an DONALD SHUSTER anachronism" (Report ofthe U.N. Vis­ iting Mission to Palau, p 31). The mission heard complaints about COMMONWEALTH OF THE Secretarial Order 3142 because NORTHERN MARIANA ISLANDS Palauans viewed it as a "step backward and a limitation on their political status Throughout the year 1991-92 there under the 1979 Constitution" (Report, was a running battle over the authority p 31). The mission adeptly side-stepped of the inspector general of the Depart­ this issue by providing several pieces of ment of the Interior to audit CNMI good advice to Belau's government and income- tax collection. The inspector noting that the order would become general claimed to have a mandate