Palau is an island country consisting of 340 islands in the Pacific Ocean. The population of this country is approx 18,000 with 459 square kilometers area. The official languages are Palauan and English. The island country is home to 61% Palauan, 31% Asian, 1% European and other ethnic communities. Religiously 78% are Christian, 5% are Modekong, 4% are Muslims etc.
Victims of crime have access to compensation in a prescribed manner. A citizen has the right to inspect any government document and observe official proceedings of any government agency. If Parliament increases the salaries of its members, it will not take effect during that parliamentary term.
These are positive aspects. Now let's discuss the negative aspects.
Recognition of the so-called tribal system parallel to the conventional State system exists. There is an option to recall the President and the Member of Parliament before the completion of his term. It is a very negative concept. If the people recall when the government undertakes to do something temporarily inconvenient in the larger interest - that is very harmful political culture in the long run.
Admirable Articles of Palau's Constitution
ARTICLE IV. FUNDAMENTAL RIGHTS
Section 5
Every person shall be equal under the law and shall be entitled to equal protection. The government shall take no action to discriminate against any person on the basis of sex, race, place of origin, language, religion or belief, social status or clan affiliation except for the preferential treatment of citizens, for the protection of minors, elderly, indigent, physically or mentally handicapped, and other similar groups, and in matters concerning intestate succession and domestic relations. No person shall be treated unfairly in legislative or executive investigation.
Section 7
A person accused of a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt and shall enjoy the right to be informed of the nature of the accusation and to a speedy, public and impartial trial. He shall be permitted full opportunity to examine all witnesses and shall have the right of compulsory process for obtaining witnesses and evidence on his behalf at public expense. He shall not be compelled to testify against himself. At all times the accused shall have the right to counsel. If the accused is unable to afford counsel, he shall be assigned counsel by the government. Accused persons lawfully detained shall be separated from convicted criminals and on the basis of sex and age. Bail may not be unreasonably excessive nor denied those accused and detained before trial. The writ of habeas corpus is hereby recognized and may not be suspended. The national government may be held liable in a civil action for unlawful arrest or damage to private property as prescribed by law. Coerced or forced confessions shall not be admitted into evidence nor may a person be convicted or punished solely on the basis of a confession without corroborating evidence.
Section 8
A victim of a criminal offense may be compensated by the government as prescribed by law or at the discretion of the court.
Section 10
Torture, cruel, inhumane or degrading treatment or punishment, and excessive fines are prohibited.
Section 11
Slavery or involuntary servitude is prohibited except to punish crime. The government shall protect children from exploitation.
Section 12
A citizen has the right to examine any government document and to observe the official deliberations of any agency of government.
ARTICLE VI. RESPONSIBILITIES OF THE NATIONAL GOVERNMENT
The national government shall take positive action to attain these national objectives and implement these national policies: conservation of a beautiful, healthful and resourceful natural environment; promotion of the national economy; protection of the safety and security of persons and property; promotion of the health and social welfare of the citizens through the provision of free or subsidized health care; and provision of public education for citizens which shall be free and compulsory as prescribed by law.
ARTICLE VIII. EXECUTIVE
Section 5
The cabinet shall consist of the heads of the major executive departments created by law. The cabinet members shall be appointed by the President with the advice and consent of the Senate and shall serve at the will of the President. No person may serve in a legislature and the cabinet at the same time.
ARTICLE IX. OLBIIL ERA KELULAU (Parliament)
Section 8
The compensation of the members of the Olbiil Era Kelulau shall be determined by law. No increase in compensation shall apply to the members of the Olbiil Era Kelulau during the term of enactment, nor may an increase in compensation be enacted in the period between the date of a regular general election and the date a new Olbiil Era Kelulau takes office.
Facts of Palau's Constitution
ARTICLE V. TRADITIONAL RIGHTS
Section 1
The government shall take no action to prohibit or revoke the role or function of a traditional leader as recognized by custom and tradition which is not inconsistent with this Constitution, nor shall it prevent a traditional leader from being recognized, honored, or given formal or functional roles at any level of government.
Section 2
Statutes and traditional law shall be equally authoritative. In case of conflict between a statute and a traditional law, the statute shall prevail only to the extent it is not in conflict with the underlying principles of the traditional law.
ARTICLE VIII. EXECUTIVE
Section 6
A Council of Chiefs composed of a traditional chief from each of the states shall advise the President on matters concerning traditional laws, customs and their relationship to this Constitution and the laws of Palau. No person shall be a member of the Council of Chiefs unless he has been appointed and accepted as a chief in a traditional manner, and is recognized as such by the traditional council of chiefs of his state. No chief shall serve in the Council of Chiefs while serving as a member of the Olbiil Era Kelulau or the cabinet.
Section 10
The President or Vice President may be removed from office by a recall. A recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. Upon receipt by the presiding officers of the Olbiil Era Kelulau of the required number of certified resolutions, the Olbiil Era Kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions.
ARTICLE IX. OLBIIL ERA KELULAU (Parliament)
Section 17
The people may recall a member of the Olbiil Era Kelulau from office. A recall is initiated by a petition which shall name the member sought to be recalled, state the grounds for recall, and be signed by not less than twenty-five percent (25%) of the number of persons [that] voted in the most recent election for that member of the Olbiil Era Kelulau. A special recall election shall be held not later than sixty (60) calendar days after the filing of the recall petition. A member of the Olbiil Era Kelulau shall be removed from office only with the approval of a majority of the persons voting in the election, and such vacancy shall be filled by a special election to be held in accordance with law. A recall may be sought against an individual member of the Olbiil Era Kelulau no more than once per term. No recall shall be permitted against a member who is serving the first year of his first term in the Olbiil Era Kelulau.
