political reviews • micronesia 173 Republic of Palau serious charge of aggravated assault. Justice Ngiraklsong sentenced Gib- Affairs in the Republic of Palau during bons to three years imprisonment, the period under review were domi- with two years suspended and one to nated by two tragic events, one involv- be served in the Koror jail. Gibbons ing a high chief and the second a com- was fined and required to pay all the moner. It was business as usual for medical costs incurred by Johnson. the executive and legislative branches The punishment of one year in jail of government, although the politi- generated a social uproar in Koror cians had one eye on campaign 2004. as legislators, governors, chiefs, and Palau received more loan, grant, and women’s groups called for leniency expert assistance. Tourism experi- and pardon. Only one prominent enced a huge improvement over person—Senator Joshua Koshiba— 2002–2003. A new, homegrown air- publicly stated that the rule of law line took to the skies. A new bank should be applied and the high chief building was opened in central Koror. should be jailed. However, with sup- While Palau’s leadership debated a port for the high chief pouring in grand plan to extract oil from the daily, President Remengesau issued ocean floor, nearly the whole of Palau a conditional pardon in August 2003 was busy preparing for the 9th Festi- and a full pardon in June 2004. val of Pacific Arts, which was held in The interesting dimension of this July 2004. serious incident is the rationale that Palau has two high chiefs, the was provided for the Gibbons pardon Ibedul and the Reklai. In January by both President Remengesau and 2003, Ibedul Yutaka M Gibbons, the press. Some 4,000 people signed chairman of the Koror State Public petitions supporting Gibbons; this Lands Authority, became involved in had an impact on Remengesau. It an argument regarding the presence appears such “voting” can weaken a of Mathew Johnson in the authority’s court decision. Remengesau referred office. Johnson was an expatriate to “constitutional clemency” and the attorney for the Palau Public Land “process of clemency” in his August Authority, which, in theory, oversees statement of pardon, but the Consti- all state land authorities. Because tution of the Republic of Palau does Johnson repeatedly refused to leave not contain these phrases. However, the meeting, which was about to it does grant the President the power begin, Gibbons became angry and hit “to grant pardons, commutations and Johnson with a baseball bat, fractur- reprieves subject to procedures pre- ing one of Johnson’s arms and bruis- scribed by law.” Remengesau also ing his back and other arm. Charges considered tradition in his pardon were filed and the case went to court. decision, appealing to the constitu- Prior to trial, a plea agreement was tion’s preamble and Article V, Tradi- worked out with the Palau attorney tional Rights. He stated that he took general, allowing Gibbons to plead these sections “to heart in the best guilty to a charge of assault and interests of all our people, both today battery with a dangerous weapon and tomorrow.” For its part, the press in exchange for dropping the more labeled Johnson’s actions as confron- 174 the contemporary pacific • 17:1 (2005) tational, arrogant, and improper, and the sda high school campus in Airai appealed to Palauan traditional law: State. News accounts stated that the “Gibbons could have resorted to tra- murderer had been deported to Palau ditional law whose underlying princi- without any records being sent to law ple supersedes written law and dis- enforcement officials there. The 29 regards application of the assault and December public funeral of the battery charge and the authority of Depaiva family members galvanized the police and the court” (TBN, 18–25 most everyone in Palau with emotions June 2004, 15). This argument is of deep sadness and grief. Appropri- flawed because it mischaracterizes ately, President Remengesau declared Palauan traditional law, which is a national day of mourning, and all administered by a council of chiefs of Palau’s social and political leaders (rubekul ordomel) according to a paid their respects at the funeral. systematic and fair process of hear- President Remengesau neared the ings by impartial groups of chiefs. end of his fourth year in office and These hearings are conducted after will stand for election in November the offense is committed, and serious 2004. He and the twenty-five-member punishments, including death, can be National Congress (Olbiil Era Kelu- imposed on a lawbreaker. The Tia lau, or oek) engaged in a number of Belau News also speculated that the skirmishes and disagreements involv- incident could have generated a ing casino and banking legislation, “direct confrontation between tradi- method of amending the constitution, tional and constitutional systems of the congressmen’s official expense governance . a national crisis.” allowances, the status of the minister On the face of it, this is not credible. of justice, and the venue for the presi- The rule of law is well established in dent’s annual State of the Republic Palau. Furthermore, chiefly titles address. Remengesau vetoed oek confer great prestige and are highly amendments to the casino and bank- respected, even revered. The title ing laws in late 2003. With the deter- Ibedul and Gibbons’s sincere remorse mined help of some 100 church and are what saved him from going to jail. women protesters who parked them- Palau’s second tragic incident dur- selves at the House of Delegates ing the year involved the murder of chambers, the president’s veto of the three members of a Seventh-day casino bill was sustained by the dele- Adventist (sda) missionary family gates after the Senate had overridden and abuse of a fourth member. The his actions. Given some moral sup- brutal murders of Pastor Ruimar port by the Australian ambassador DePaiva, his wife Margareth, and son in Pohnpei, the oek amendments to Larrison, and the abuse of daughter Palau’s Financial Institutions Act were Melissa, were committed by Justin also turned back. Remengesau main- Hiroshi, who had been in prison on tained that the changes would tarnish both Guam and the US mainland. Palau’s international standing in the Reportedly Hiroshi was on a meth- banking community and jeopardize amphetamine “high” at the time of the safety of deposits held by individ- the attack on 22 December 2003 at ual Palauans. Several years ago over a political reviews • micronesia 175 billion dollars was laundered through tion shall apply to members of the several dubious banks in Palau, which Olbiil Era Kelulau during the term were later put out of business under of enactment.” the provisions of the act. Early in his administration, Presi- Sometimes it appears as if oek dent Remengesau had spoken about members may be more law-breakers amending the republic’s 1979 consti- than they are law-makers. This char- tution. He invited the congress to join acterization concerns the resurrection the effort. Finally, on Independence by the congress of a statute that was Day (1 Oct) 2003, he announced a declared unconstitutional by the Palau people’s initiative to amend the con- Supreme Court in 1995. That same stitution via petition, one of the three provision provided congressmen an avenues available. Five provisions additional $1,000 for monthly would be offered to the voters for expenses and was written into rppl their consideration on general election 6-37. This increased oek member day 2004. These would change Palau’s annual compensation by $12,000 to National Congress from two houses a total of $56,000, of which $24,000 to one house; limit terms in the con- would be tax-exempt. Special Prose- gress; require a uniform fee for con- cutor Everett Walton filed suit against gressmen’s compensation; allow 24 of the 25 congressmen for unlaw- Palauans to hold dual citizenship ful receipt of $1,000 monthly expense (US and Republic of Palau only); and allowances. He claimed that the funds require the presidential and vice-presi- were used for private rather than offi- dential candidates to run together on cial purposes and therefore consti- one ticket rather than separately. The tuted unlawful compensation. Walton congress responded by calling for a requested the court to order the constitutional convention, urging defendants to pay restitution of tens that the issue be put to the voters in of thousands of dollars and a civil November. The congress passed a res- penalty of $10,000 each. As of 30 olution to place the question: “Shall June 2004, the court had not ruled there be a Convention to revise or on his motion. Earlier in the year the amend the Constitution?” on the minister of finance informed the con- ballot. Remengesau opposed this gressmen that they would no longer method as too expensive, politically receive the monthly allowance, and destabilizing, and radical. As he stated he told them to return what they had in a letter to the Senate, “Our country received to date. One member, Sena- is at a tender age still, and should not tor Yukiwo Dengokl, returned some have the foundations shaken by the $32,000. With the public airing of the turbulence of an unnecessary Consti- entire issue, congressmen were criti- tutional Convention” (TBN, 16–23 cized for acting arrogantly, lacking Jan 2004, 3). By the end of the period moral stature, and abusing their under review, Remengesau’s petitions authority. The Constitution of the had garnered the requisite number of Republic of Palau is crystal