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Second Constitutional Convention, Palau

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Latest Version in WIPO Lex
Details Details Year of Version 2005 Dates Entry into force: July 15, 2005 Adopted: July 15, 2005 Type of Text Framework Laws Subject Matter Other Notes The Second Constitutional Convention certifies the proposed amendments to the Constitution of the Republic of Palau that were duly adopted by majority vote of the Delegates on July 15, 2005.

See Constitutional Proposal No. 2-272 "National government to assist traditional leaders in preservation, protection & promotion of Palauan heritage, culture, languages, customs & tradition." (See Section 3, p. 33).

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 Second Constitutional Convention

Second Constitutional Convention

REPUBLIC OF PALAU

CERTIFICATION OF ADOPTION PROPOSED AMENDMENTS TO THE

CONSTITUTION OF THE REPUBLIC OF PALAU

We, the undersigned Delegates to the Second Constitutional Convention, hereby certify

that the following proposals to amend our Constitution were duly adopted by majority

vote of the Delegates on July 15, 2005 in the Senate Chambers, Olbiil Era Kelulau

Building, in Koror, Republic of Palau:

1. CP No. 2-252, Eligibility to hold office of President and Vice President

2. CP No. 2-253, President & Vice-President be elected separately

3. CP No. 2-254, CCD1, Date & time of Inauguration of President & Vice President elect

4. CP No. 2-255, To provide for trial by jury

5. CP No. 2-256, Eligibility to hold office in the Olbiil Era Kelulau

6. CP No. 2-257, Compensation for Olbiil Era Kelulau members

7. CP No. 2-258, To set Installation date for Olbiil Era Kelulau members

8. CP No. 2-259, To repeal term limits for Olbiil Era Kelulau members

9. CP No. 2-260, To separate Appellate Division & Trial Division Justices

10. CP No. 2-265, Effective date for Amendment to the Constitution

11. CP No. 2-267, To guarantee Academic Freedom

12. CP No. 2-268, CCD1, Defining citizenship & multiple citizenship

13. CP No. 2-268A, Naturalization of adopted child

14. CP No. 2-269, Voting by absentee ballot

15. CP No. 2-270, Foreign ownership of land for diplomatic purposes

16. CP No. 2-271, 99 years land lease to non-citizens

17. CP No. 2-272, National government to assist traditional leaders in preservation,

protection & promotion of Palauan heritage, culture, languages, customs & tradition

18. CP No. 2-274, To ban same sex marriage

19. CP No. 2-275, Free & compulsory education for grades one (1) to twelve (12)

20. CP No. 2-276, Preventive Health Care as Fundamental Right

21. CP No. 2-278, Palauan Language to be prevailing language of Constitution

22. CP No. 2-280, CCD3, The territorial jurisdiction of Palau

__________

IN WITNESS WHEREOF, WE HAVE HERETO SET OUR HANDS THIS 15th

DAY OF JULY 2005 IN THE SENATE CHAMBERS, OLBIIL ERA KELULAU

BUILDING, KOROR, REPUBLIC OF PALAU

_______________

Johnson Toribiong

_______________

Dr. Steveson J. Kuartei, MD

Delegate At-Large Delegate At-Large

_______________

Sinton Soalablai

_______________

Seit Andres

Delegate, Peleliu State Delegate At-Large

_______________

Patrick U. Tellei, Ed.D.

_______________

Warren Umetaro

Delegate At-Large Delegate, Aimeliik State

_______________

Raynold B. Oilough

_______________

Laurentino Ulechong

Delegate At-Large Delegate At-Large

_______________

Bonifacio S. Basilius

_______________

F. Kazuo Asanuma

Delegate, Ngchessar State Delegate, Melekkeok State

_______________

Frank Kyota

_______________

Haruo N. Wilter

Delegate, Airai State Delegate, Ngaremlengui State

_______________

Hideo Termeteet

______________

Hence Takawo

Delegate, Ngiwal State Delegate, Kayangel State

______________

Hokkons Baules

______________

John B. Skebong

Delegate, Koror State Delegate At Large

______________

Mark U. Rudimch

______________

Mariano W. Carlos

Delegate At-Large Delegate, Sonsorol State

______________

Marhence Madrangchar

______________

Rebluud Kesolei

Delegate, Ngarchelong State Delegate, Ngardmau State

______________

Sebastian R. Marino

______________

Surangel S. Whipps, Jr.

Delegate, Hatohobei State Delegate At-Large

_______________

Valentino Emesiochl

_____________

Victorio Uherbelau

Delegate, Ngatpang State Delegate, Anguar State

__________

Sandra Sumang Pierantozzi

Delegate At Large

__________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-252

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article VIII, Section 3 of the Constitution of the Republic of Palau.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section l. Amendment. Article VIII, Section 3 of the Constitution is hereby amended to

read as follows:

"Section 3. Any citizen of Palau who is not a citizen of another country and who is not

less than thirty-five (35) years of age and who has been a resident of Palau for the five (5)

years immediately preceding the election shall be eligible to hold the office of President

or Vice President."

Certified by: _______________

Johnson Toribiong

Date: July 15, 2005

President, Second Constitutional Convention

Attested by: ______________

Patrick U. Tellei

Secretary. Second Constitutional Convention

Date: July 15, 2005

____________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-253

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article VIII, Section 4 of the Constitution of the Republic of Palau.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Article VIII. Section 4 of the Constitution is hereby amended to read as follows:

"Section 4. The President and Vice President shall be elected in a nationwide

election for a term of four years. The President and Vice President shall be chosen

jointly by the casting by each vote of a single vote applicable to both officers. A person

may not serve as a President for more than two consecutive terms."

Certified by: ____________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: _____________

Patrick U. Tellei

Secretary. Second Constitutional Convention

Date: July 15, 2005

__________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-254. CCDI

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article VIII, Section 4 of the Constitution, by adding a new section.

RESOLVED, that the following be agreed upon as pall of the Palau Constitution.

Section 1. Amendment. A new paragraph to be included in Article VIII, Section 4 of the

Constitution shall read as follows:

"The terms of the incumbent President and Vice President shall end at the time of the

installation of the President and Vice President elect which shall take place on the third

Thursday of January after the general election, at eleven o'clock am."

Certified by: _______________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: ______________

Patrick U. Tellei

Secretary. Second Constitutional Convention

Date: July 15, 2005

__________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-255

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article IV of the Constitution, by adding a new section.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. A new section to be included in Article IV of the Constitution

shall read as follows:

"Section 14. The Olbiil Era Kelulau may provide for a trial by jury, in criminal and civil

cases, as prescribed by law; provided, however, that where a criminal offense is to have

been committed after December 31, 2009, and where such criminal offense is punishable

by a sentence of imprisonment of twelve (12) years or more, the accused shall have the

right to a trial by a jury, as prescribed by law."

Certified by: _____________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: ____________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

_________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-256

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article IX, Section 6 of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. Article IX, Section 6 of the Constitution is hereby amended to

read as follows:

"Section 6. To be eligible to hold office in the Olbiil Era Kelulau, a person must be:

1) a citizen of Palau only;

2) not less than twenty-five (25) years of age;

3) a resident of Palau for not less than five (5) years immediately preceding the election;

and

4) a resident of the district in which he wishes to run for office for not less than one (1)

year immediately preceding the election."

Certified by: ____________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: ____________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

____________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-257

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article IX, Section 8 to establish a salary compensation for the members of the

Olbiil Era Kelulau.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment, Article IX, Section 8 of the Constitution is hereby amended to

read as follows:

"Section 8. The compensation of the members of the Eighth Olbiil Era Kelulau shall be a

uniform fee salary the initial amount of which shall be determined by law, but shall not

exceed the amount of compensation received by the members of the Seventh Olbiil Era

Kelulau, for each day the member attends an official session of the Olbiil Era Kelulau.

The amount of the fee 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."

___________

Certified by: _____________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: _____________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

__________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-258. CCD1

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article IX, Section 11 of the Constitution, by adding a new section.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. A new paragraph to be included in Article IX, Section 11 of the

Constitution shall read as follows:

"The terms of the incumbent members of the Olbiil Era Kelulau shall end at the time of

the installation of the members elect which shall take place on the third Thursday of

January after the general election". Each house of the Olbiil Era Kelulau shall convene its

meeting on the fourth second Tuesday in January following the regular general election

and may meet regularly for four (4) years. Either house may be convened at any time by

the presiding officer, or at the written request of the majority of the members, or by the

President.

Certified by: _____________

Johnson Toribiong

President, Second Constitutional

Convention.

Date: July 15, 2005

Attested by: _____________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

___________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-259

May to July 2005

A CONSTITUTIONAL PROPOSAL

To repeal the amendment of the Constitution which limits the terms of members of the

Olbiil Era Kelulau.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section l. Repealer. The Amendment of the Constitution "Limiting Terms of members of

the Olbiil Era Kelulau" is hereby repealed.

Certified by: _____________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15 2005

Attested by: ____________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15 2005

__________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-260

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article X, Section 2 of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. Article X, Section 2 of the Constitution is hereby amended to

read as follows:

"The Supreme Court is a Court of Record consisting of an appellate division and a trial

division. The Supreme Court shall be composed of a Chief Justice and not less than three

(3) nor more than (6) Associate Justices, all of whom shall be members of both divisions,

provided, however when the Olbiil Era Kelulau appropriates funds for addition justices to

serve on the appellate division, the Chief Justice shall implement the separation of the

Justices of the appellate division and provide rules and reputations therefore. All appeals

shall be heard by at least three justices. Matters before the trial division may be heard by

one justice. No justice may hear or decide an appeal of a matter heard by him in the trial

division."

Certified by: ______________

Johnson Toribiong

Date: July 15, 2005

President, Second Constitutional Convention

Attested by: _____________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

_________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-265

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article XIV, Section 2 of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. Article XIV, Section 2 of the Constitution is hereby amended to

read as follows:

"Section 2. After the Election Commission certifies that a proposed amendment has

satisfied the requirement of this Article, a nationwide election shall be held on the

proposed amendment as prescribed by law, provided that no such election shall be held

either six (6) months before or six (6) months after a general election.

Section 23. Once A a proposed amendment to this Constitution shall become effective

when is approved in the next regular general in a nationwide election by a majority of the

votes cast on that amendment and in not less than three-fourth (¾) of the states, the

amendment shall take effect on the date prescribed in the text of the amendment itself, or

if a date is not prescribed then on the date the election results are certified."

Certified by: ______________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: ______________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

_________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-267

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article IV of the Constitution, by adding a new section.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. A new section to be added in Article IV of the Constitution is

hereby to read as follows:

"Section 15. In post secondary education and any institution of higher learning, academic

freedom is guaranteed."

Certified by: _____________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: _____________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

__________

SECOND CONSTITUTIONAL CONTENTION

Constitutional Proposal No. 2-268. CCD1

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article III of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. The amendment adopted on November 4, 2004 through the

Popular Initiative to Amend the Constitution of the Republic of Palau "Allowing

Palauans Multiple Citizenship" is 3 hereby amended to read as follows:

A person born of parents, one or both of whom are citizens of Palau or are of recognized

Palauan ancestry, is a citizen of Palau, by birth. United States Citizenship of other foreign

nations shall not affect a person's Palauan citizenship, nor shall a person of recognized

Palauan ancestry be required to renounce United States Citizenship to become a

naturalized citizen of Palau. Persons of recognized Palauan ancestry who are citizens of

other foreign nations may retain their Palauan citizenship or become naturalized Palauan

citizens as provided by law. Palauan citizens may renounce their Palauan citizenship.

Renouncements made prior to the effective date of this amendment are not affected by

this Amendment

Section 2. Repealer. Article III, Sections 2 and 3 are hereby repealed.

Certified by: _______________

Johnson Toribiong

Date: July 15, 2005

President, Second Constitutional Convention

Attested by: _______________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

_________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-268A

May to July 2005

__________

A CONSTITUTIONAL PROPOSAL

To amend Article III, Section 4 of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. Article III, Section 4 of the Constitution is hereby amended to

read as follows:

"Section 4. A person born of parents who are born of parents, one or both of whom are

not of recognized Palauan ancestry and who is adopted before the age of three (3) by

parents(s), one or both of whom are citizens of Palau, shall have the right to enter and

reside in Palauan to enjoy other rights and privileges as provided by the law, which shall

include the right to petition through a special act of the Olbiil Era Kelulau to become a

naturalized citizen of Palau: provided that prior to becoming a naturalized citizen, a

person must not renounce his citizenship of another nation. There shall be no citizenship

by naturalization except pursuit to this section."

Certified by: ______________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: ______________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

___________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-269

(Introduced as Proposal No. 2-....)

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article VII, of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palauan Constitution.

Section 1. Amendment. Article VII of the Constitution is hereby amended to read as

follows:

"A citizen of Palau eighteen (18) years of age or older may vote in national and state

elections. The Olbiil Era Kelulau shall prescribed a minimum period of residence and

provide for voter registration for national elections. Each state shall prescribe a minimum

period of residence and provide for a voter registration for state elections. A citizen who

is in prison, serving a sentence for a felony, or mentally incompetent as determine by a

court may not vote. Voting shall only be by absentee ballot for voters who are outside the

territory of Palau during an election."

Certified by: ________________

Johnson Toribiong

President, Second

Constitutional Convention

Date: July 15, 2005

Attested by: ________________

Patrick U. Tellei

Secretary. Second

Constitutional Convention.

Date: July 15, 2005

__________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-270

May to July 2005

A CONSTITUTIONAL PROPOSAL

For an amendment to be included in Article XIII, Section 8 of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section l. Amendment. Article XIII, Section 8 of the Constitution is hereby amended to

read as follows:

"Section 8. Only citizens of Palau and corporations wholly owned by citizens of Palau

may acquire title to land or waters in Palau. Foreign countries, with which Palau

establishes diplomatic relations, may acquire title to land for Diplomatic purposes

pursuant to bilateral treaties or agreements."

Certified by: _______________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: _______________ Date: July 15, 2005

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

_________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-271

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article XIII, Section 8 of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. Article XIII, Section 8 of the Constitution is hereby amended to

read as follows:

"Section 8. Only citizens of Palau and corporations wholly owned by citizens of Palau

may acquire title to land or waters in Palau. While non-citizens may not acquire title to

land, in Palau to non-citizens may or corporations not wholly owned by citizens for up to

99 years."

Certified by: ________________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: ________________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-272

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article V of the Constitution by adding a new Section 3.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. Article V of the Constitution is hereby amended to include a

Section 3 which shall read as follows:

"Section 3. The national government shall take affirmative action to assist traditional

leaders in the preservation, protection, and promotion of Palauan heritage, culture,

languages, customs, and tradition."

Certified by: _________________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: ________________

Patrick U. Tellei

Secretary. Second Constitutional Convention.

Date: July 15, 2005

__________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-274

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article IV, Section 13 of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

1. Section 1. Amendment: Article IV, Section 13 of the Constitution is hereby amended

to read as follows:

"Section 13. The government shall provide for marital and related parental rights,

privileges and responsibilities on the basis of equality between men and women, mutual

consent and cooperation. All marriages contracted within the Republic of Palau shall be

between a man and a woman. Parents or individuals acting in the capacity of parents shall

be legally responsible for the support of and for the unlawful conduct of their minor

children as prescribed by law."

Certified by: _______________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: _______________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

____________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-275

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article VI of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. Article VI of the Constitution is hereby amended to read as

follows:

"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 from grades one (1) to twelve (12) and

compulsory as prescribed by law."

Certified by: ________________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: ________________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

___________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-276

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article IV of the Constitution to include a new section.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. Article IV is hereby amended to include a new section which

shall read as follows:

"Section 16. The national government shall provide free preventive health care for every

citizen as prescribed law."

Certified by: _______________

Johnson Toribiong

President, Second

Constitutional Convention

Date: July 15, 2005

Attested by: _______________ Date: July 15, 2005

Patrick U. Tellei

Secretary. Second

Constitutional Convention.

___________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-278

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article XIII, Section 2 of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendment. Article XIII, Section 2 of the Constitution is hereby amended to

read as follows:

"Section 2. The Palauan and English versions of this Constitution shall be equally

authoritative: in a case of conflict, the English Palauan version shall prevail."

Certified by: ______________

Johnson Toribiong

Date: July 15, 2005

President, Second Constitutional Convention

Attested by: ______________

Patrick U. Tellei

Secretary. Second Constitutional

Convention.

Date: July 15, 2005

______________

SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-280

May to July 2005

A CONSTITUTIONAL PROPOSAL

To amend Article 1, Section 1 and 2 of the Constitution.

RESOLVED, that the following be agreed upon as part of the Palau Constitution.

Section 1. Amendments. Article l, Sections 1 and 2 of the Constitution are hereby

amended to read as follows:

"Section 1. (a) The Republic of Palau shall have jurisdiction and sovereignty over its

territory which consist of all the islands, atolls, reefs, and shoals that have traditionally

been in of the Palauan archipelago including Ngeruangel reef and Kayangel island in the

north and Hatohobei Island (Tobi Island) and Hocharihie (Helen's reef) in the south and

all land areas adjacent and in between, and also, consist of the internal waters and

archipelagic waters within these land areas, the territorial waters around these land areas,

and the air space above these lands and water areas, extending to a two hundred (200)

nautical miles exclusive economic zone, unless otherwise delimited by bilateral

agreement or as may be limited or extended under international law, from a straight

archipelagic baseline, the seabed, subsoil, water column insular shelves, and airspace

over land and water unless limited by international treaty obligations assemble by Palau."

(b) the straight archipelagic baselines, from which the breadths of marine zones are

measured for Palauan Archipelago, shall drawn from the northernmost point of

Ngeruangel Reef, thence east to the northernmost point of Kayangel Island and around

the island to its easternmost point, south to the easternmost point of the Babeldaob barrier

reef, south to the easternmost point of Anguar Island and then around the island to its

westernmost point, thence north to the westernmost point of Ngeruangel Reef and then

around the reef to the point of origin. The normal baselines, from which the breaths of

maritime zones for the Southwest islands are measured shall be drawn around the islands

of Fanna, Sonsorol (Dongosaro), Pulo Anna and Merir, and the Island of Hatohobei (Tobi

Island), including Hocharihic (Helen's Reef). Helen's Reef, west from the southernmost

point of Helen's Reef to the easternmost point of Tobi Island and then around the island

to its westernmost point, north to the westernmost point of Fanna Island, and north to the

westernmost point of Ngeruangel Reef and then around the reef to the point of origin

Section 2. (a) The Republic of Palau shall have exclusive ownership and shall exercise its

sovereign rights to conserve, develop, exploit, explore, and manage at a sustainable

manner all living and non-living resources within its exclusive economic zone and its

continental shelf in accordance with applicable treaties, international law and practices.

The Republic of Palau shall have exclusive ownership and sovereign jurisdiction over all

mineral resources in the seabed, subsoil, water column and insular shelves within its

continental self.

(b) Each state shall have exclusive ownership of all living and non-living resources

except highly migratory fish from the land to within the twelve (12) nautical mile

territorial sea: seaward through the traditional baselines: provided, however, that

traditional fishing rights and practices shall not be impaired.

Certified by: _______________

Johnson Toribiong

President, Second Constitutional Convention

Date: July 15, 2005

Attested by: _______________

Patrick U. Tellei

Secretary. Second Constitutional Convention

Date: July 15, 2005

___________________


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WIPO Lex No. PW009