Today, states remain the seat of traditional power, and chiefs are often governors or ex officio members of state legislatures although recent court decisions have held this arrangement to be unconstitutional. And westernization introduced a modern economy. As it had throughout Micronesia, the United States created a welfare state in Palau. Federal programs have created a pervasive bureaucracy and entrenched Palau in economic dependence on U.
In turn, the bureaucracy and concomitant economic development have drawn villagers to the capital of Koror. Migration has not only alienated people from their land and subsistence lifestyle in the villages, but has eroded communal cultural traditions which were closely linked to the land. Modern Leaders and Modern Traditional Leaders. Despite the patina of westernization, the clan system still plays a significant role in Palauan political and economic realms. If traditional leaders were once the stewards of the lands and seas, however, their traditional power is often now wielded on behalf of modern developmental goals and personal economic interest.
As perhaps the most important local facilitators and beneficiaries of much of the development, traditional leaders may prove to be a principal catalyst for accelerated resource exploitation. For example, arrangements to lease land to foreigners for development usually require explicit permission from the appropriate chiefs. Accordingly, chiefs who stand to gain financially from foreign investments facilitate development projects by authorizing leasing of land, winning clan support, and ensuring, when necessary, state and national legislative action.
Several states are planning their own resorts. In advocating the establishment of private property rights, Palau's National Master Development Plan asserts that individual ownership and secure title "limits the influence of leaders to enter into private commercial arrangements for land - a major source of corruption.
While state and traditional leaders are focused on economic development, they are not necessarily well-informed about the value of their resources. According to the Comprehensive Conservation Strategy, "Recent proposals for tourism-oriented development, such as one for a second and larger airport on northern Babeldoab and another large scale resort to be built in Koror, are clear examples of development planning where money, rather than preservation of the natural environment, was given the highest priority.
Logging permits in more than one state, for example, sell for a dollar - regardless of the number of trees taken - and are virtually unconditional. And in April , traditional chiefs in two states urged the state legislatures to enter into contracts with a company to drill for oil in their state waters despite no evidence of oil reserves, and without calling for environmental assessments.
The tension between traditional and modern ways manifests in a power struggle between state and national authorities. The principle of "state' rights" is effectively and consistently invoked to block conservation legislation from moving through the Congress.
A bill protecting marine lakes failed to emerge from Committee when the Delegates raised concerns about whether the national or the Koror State government would enforce the act and who would collect entrance fees and fines. Fear of economic retaliation by the High Chief of Koror who controls the most populous and powerful state has effectively stymied national environmental legislation that threatens his development plans or traditional power. Palau has a tropical climate with an annual mean temperature of Rainfall can occur throughout the year, but most frequently between July and October [3].
Normal monthly precipitation exceeds 10 inches mm , and in some years each month has received over 15 inches mm. February, March, and April are the driest months of the year [4]. Winds are generally light to moderate, and the northeast trades prevail from December through March.
During April, the frequency of the tradewinds decreases, and there is an increase in the frequency of easterly winds. By May, the winds are predominantly from the southeast or northeast [4]. Palau is outside the typhoon belt and is therefore less likely to experience typhoons compared to other places in Micronesia; however, typhoons can happen from June to December [2]. The estimated population of Palau is 21, July est. About two-thirds of the population lives in Koror, the primary urban center and former capital [5,6].
English and Palauan on most islands are both official languages, with Palauan spoken by The main religions are Roman Catholic The islands of Palau were originally settled approximately 3,, years ago, by migrants traveling from Indonesia or the Philippines [1]. Traditional Palauan culture, as well as the Palauan language, are relatively unique within the region. Matrilineality is a key aspect of Palauan culture, and can be seen in most aspects of life.
Palau became independent in , after being part of a United Nations trust territory administered by the US for 47 years. It relies on financial aid from the US, provided under a Compact of Free Association which gives the US responsibility for Palau's defence and the right to maintain military bases there.
Tourism is low key, although growing in economic importance. Many visitors come from Taiwan, with which Palau has diplomatic ties. Taiwanese aid boosts the economy. The government is Palau's largest employer. Monoliths and other relics are reminders of an ancient culture that thrived on the islands, and despite Western trappings many Palauans identify strongly with their traditions and rites.
Palau saw some of the region's fiercest fighting in World War II. There is concern that the low-lying islands could be badly affected by rising sea levels possibly due to climate change. The appellate division of the Supreme Court shall have jurisdiction to review all decisions of the trial division and all decisions of lower courts.
The Judicial Nominating Commission shall consist of seven 7 members, one of whom shall be the Chief Justice of the Supreme Court who shall act as Chairman.
The Bar shall elect three 3 of its members to serve on the Judicial Nominating Commission and the President shall appoint three 3 citizens who are not members of the Bar. The Judicial Nominating Commission shall meet upon the call of the Chairman and prepare and submit to the President a list of seven 7 nominees for the positions of justice and judge. A new list shall be submitted every year.
No person shall be eligible to hold judicial office in the Supreme Court or National Court unless he has been admitted to practice law before the highest court of a state or country in which he is admitted to practice for at least five 5 years preceding his appointment Any justice of the Supreme Court or judge of the National Court who becomes a candidate for an elective office shall, upon filing for such office, forfeit his judicial office.
All justices of the Supreme Court and judges of the National Court shall hold their offices during good behavior. They shall be eligible for retirement upon attaining the age of sixty-five 65 years.
The judges of the National Court and the inferior courts may be impeached by a majority vote of the members of each house of the Olbiil Era Kelulau. During his impeachment or removal proceedings, a justice or judge may not exercise the power of his office. A justice or judge shall forfeit his office upon conviction of a felony or any high crime. The justices and judges shall receive compensation as prescribed by law. Such compensation shall not be diminished during their term of office. The Chief Justice of the Supreme Court shall be the administrative head of the unified judicial system.
He may assign judges from one geographical department or functional division of a court to another department or division of that court and he may assign judges for temporary service in another court. The Chief Justice shall appoint with the approval of the Associate Justices, an administrative director to supervise the administrative operation of the judicial system.
The Chief Justice shall prepare and submit through the President to the Olbiil Era Kelulau an annual consolidated budget for the entire unified judicial system. The national government shall bear the total cost of the system unless the Olbiil Era Kelulau requires reimbursement of appropriate portions of such cost by the state governments.
The Supreme Court shall promulgate rules governing the administration of the courts, legal and judicial professions, and practice and procedure in civil and criminal matters. The structure and organization of state governments shall follow democratic principles, traditions of Palau, and shall not be inconsistent with this Constitution. The national government shall assist in the organization of state government. All governmental powers not expressly delegated by this Constitution to the states nor denied to the national government are powers of the national government.
The national government may delegate powers by law to the state governments. Subject to laws enacted by the Olbiil Era Kelulau, state legislatures shall have the power to impose taxes which shall be uniformly applied throughout the state. Subject to the approval of the Olbiil Era Kelulau, the state legislatures shall have the power to borrow money to finance public programs or to settle public debt. There shall be a National Treasury and a state treasury for each of the states.
All revenues derived from taxes or other sources shall be deposited in the appropriate treasury. No funds shall be withdrawn from any treasury except by law. In such event, the Chief Justice of the Supreme Court shall appoint an acting Public Auditor to serve until a new Public Auditor is appointed and confirmed. The Public Auditor shall be free from any control or influence by any person or organization.
The Public Auditor shall report the results of his inspections and audits to the Olbiil Era Kelulau, at least once a year, and shall have such additional functions and duties as may be prescribed by law. The Olbiil Era Kelulau may amend or modify the annual budget as submitted by the President.
Except appropriation bills recommended by the President for immediate passage or to cover the operational expense of the Olbiil Era Kelulau, no appropriation bill may be enacted by the Olbiil Era Kelulau until a bill appropriating money for the budget has been enacted. The state legislature may amend or modify the annual budget as submitted by the chief executive of the state.
Except appropriation bills recommended by the chief executive of the state for immediate passage or to cover the operational expenses of the state legislature, no appropriation bill may be enacted by a state legislature until a bill appropriating money for the budget has been enacted.
The national government and the state governments shall have the power to make investments pursuant to law. Except where a particular distribution is required by the terms of the assistance, all block grants and foreign aid shall be shared by the national government and all the states in a fair and equitable manner based on needs and population. The Palauan traditional languages shall be the national languages.
Palauan and English shall be the official languages. The Olbiil Era Kelulau shall determine the appropriate use of each language. The Palauan and English versions of this Constitution shall be equally authoritative; in case of conflict, the English version shall prevail. Citizens may enact or repeal national laws, except appropriations, by initiative. An initiative petition shall take effect if approved at the next general election by a majority of the persons voting on the initiative.
A law enacted by initiative or a repeal of a law by initiative may not be vetoed by the President. A law enacted or repealed by initiative may be subsequently amended, repealed or reenacted only by another initiative pursuant to the provisions of this section.
The national government shall have the power to take property for public use upon payment of just compensation.
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