The Constitution of the State of Yap, one of the four states of the Federated States of Micronesia, is the fundamental legal text of the State of Yap. It was adopted in 1982, promulgated on December 24 of the same year and came into force on January 1, 1983. Amendments were adopted by referendum and promulgated on November 24, 2006. The constitution comprises 15 articles. It can be consulted in English on the website of the Supreme Court of the Federated States of Micronesia.
History of the Constitution The constitution of Yap State is elaborated by a Constitutional Convention made up of delegates elected by the people. The resulting constitution was put to a referendum. It was adopted by a majority and promulgated on December 24, 1982. It came into force on January 1, 1983. The State of Yap was then a subdivision of the United States-administered Pacific Islands Trust Territory. Independence brought no changes to the constitution. Eleven amendments were proposed in 2004 by a constitutional convention. They were approved by the people on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006. An amendment to Article XIV of the constitution, by adding a Section 12, concerning the prohibition of gambling, was adopted by the legislature on May 14, 2014 (Resolution 8-102). As required by any attempt to amend the constitution, it was put to a referendum. The amendment was rejected on November 4, 2014, by 2545 votes to 2284.
Structure of the Constitution The Constitution as ratified on December 24, 1982, comprises, after a brief preamble, fifteen articles. Eleven amendments were made in 2006, without altering the number of articles. With the exception of Articles I and VIII, the articles are divided into sections. Some amendments modify the original text, while others add a new section. Articles I to VII define the basic structure of government.
Preamble and Article 1
Article I Article I is a simple supremacy clause: ""
Article II: Fundamental rights This Article II comprises thirteen sections whose content is almost identical to the US Constitution's Bill of Rights. Guaranteed rights include freedom of speech and of the press, and the separation of church and state. The constitution also guarantees citizens against unreasonable search and seizure, the right to due process and equal protection, the right to counsel and confrontation in criminal cases, as well as to a speedy and public trial, the right against self-incrimination, the right against excessive bail or cruel and unusual punishment. Article II guarantees the right to apply for a writ of habeas corpus, the prohibition of the enactment of laws that are retroactive or compromise contractual obligations, the prohibition of slavery, the right to just compensation in the event of expropriation, and the right to sue the government for damages. The last section reminds us that this enumeration cannot prohibit the existence of other rights for the population.
Traditional chiefs and customs
The first section of Article III of the Yapese constitution, added by amendment in 2006, recognizes the role in traditions and customs of the Dalip pi Nguchol, the three supreme chiefs of the Yap islands, who own the three highest-ranking lands and under whose authority all the villages, with their own chiefs, are divided into three groups of nug. Traditionally, and as a consequence of the sawei hierarchical system, the Yap islands have always had a higher status than the outer Yap islands. To ensure that traditions and customs are respected and maintained, the second section of Article III of the constitution, since its promulgation in 1982, has formalized the existence of two councils of chiefs: one for the chiefs of the municipalities of the Yap islands, the Pilung council, and the other for the chiefs of the municipalities of the outer Yap islands, the Tamol council.
Sections 16 to 18 of Article V of the constitution empower the councils to perform functions relating to tradition and custom in the state, and to review and disapprove an act of the Yap State legislature if, in their opinion, it violates custom and tradition. These are not codified but transmitted orally. According to Tina Takashy, in the household context, this can lead to abuses and violations of human rights when the aim is to ensure the protection of social cohesion and harmony and common survival. The first section of Article XV provides for the possibility of codifying traditional laws. The right of veto, which councils use sparingly, cannot be overridden. The legislator, if he wishes to continue the legislative process, must incorporate the objections into the bill, send it back to the assembly for consideration and then, if adopted, back to the councils for approval. To avoid deadlock, bills may be submitted for prior reading by the councils. In 1982, during the Yap Constitutional Convention, the right of veto, inherited from the 1978 Yap District Charter, was the subject of intense debate. The convention's Standing Committee, the proposing authority, rejected it in favor of a text requiring that only bills relating to custom and tradition be forwarded to the Councils, and that they should only be able to comment on, not disapprove, a bill. Convention delegates rejected this recommendation.
The third section of Article III specifies that nothing in the Constitution shall be construed as limiting or invalidating any recognized tradition or custom. Custom and tradition take precedence over any statute, any interpretation of the Constitution, and even over any judicial decision. For attorney-at-law Brian Z. Tamanaha, "unlike the other three branches, however, councils transcend the concept of separation of powers by exercising functions that are quasi-legislative, quasi-executive and judicial, not to mention chiefly".
Article IV: Elections Article IV establishes the conditions for voting. Any citizen who is 18 years of age, registered on the electoral roll, has fulfilled the minimum period of residence and has not been disbarred by a court conviction, mental incapacity or insanity is entitled to vote. The State must prescribe by law the method of voting and provide the means necessary for the organization of suffrage and the secrecy of the vote. General elections are held every four years on the first Tuesday following the first Monday in November of an even-numbered year. Exceptional circumstances may postpone the election for up to 60 days. Special elections may be held in accordance with the law. In the event of a tie between the two candidates with the most votes, a run-off election must be held to break the tie.
Article XI defines the electoral districts in which members of the Legislative Assembly are elected. The first electoral district is that of the Yap Islands archipelago, and must have six elected members. The other four districts have only one elected member. The second electoral district comprises the atolls of Ulithi, Fais Island, Sorol Atoll and Ngulu Atoll. The third district is Woleai atoll. The fourth district covers Eauripik atoll, Faraulep atoll and Ifalik atoll. The fifth district covers Satawal island, Lamotrek atoll and Elato atoll. These districts are to be updated every 10 years by the Assembly. The Assembly must ensure that the population is approximately equal per elected representative, taking into account the social and geographical configuration of the state.
The Legislative Assembly and customary law Article V concerns the Legislative Assembly, vested with the legislative power of the State. It is composed of ten members, at least 25 years of age, citizens of the Federated States of Micronesia for at least ten years, residents of the State for at least five years and of the electoral district for which they are running, and where they have been registered on the electoral rolls, for at least the year immediately preceding the filing of their candidacy. They must not have been convicted of a crime, unless they have received a pardon restoring their rights. Each member is elected at a general election in an electoral district as defined in Article XI of the Constitution. Their term of office begins at noon on the second Monday in January after the general election and ends at noon on the second Monday in January, four years later. In the event of a vacancy occurring less than a year before the end of the term, the Governor will fill the vacancy by appointment. Otherwise, a special election is held.
Elected representatives receive a salary prescribed by law. Any increase in salary voted by law becomes effective only after the end of their term of office. Elected officials may not, for one year after the end of their term of office, apply for a job or public office created or whose salary will have been increased during their term of office by legislative act. Except in cases of crime or breach of the peace, elected representatives may not be arrested. They are not answerable for statements or actions taken in the exercise of their functions. A member of the Assembly may be punished by censure or, by a vote of two-thirds of the members, by suspension or expulsion.
The management of day-to-day business requires the presence of two-thirds of the Assembly. A majority of votes is sufficient to pass a bill or resolution, except for its final approval, in which case a vote of one-third of the members is required. A bill must go through two readings in the Legislative Assembly on different days. Once passed, it is forwarded to the Pilung Council and the Tamol Council for review. If they consider that the bill negatively affects tradition and custom, or the role or function of a traditional leader as recognized by tradition and custom, they bring the negative effects to the attention of the Assembly within thirty days. A disapproved bill can be amended to meet the Councils' objections, and if it is amended and passed, only one reading is required. It is then resubmitted to the Councils. A bill that has passed the scrutiny of the traditional chiefs is forwarded to the Governor. He has ten or thirty days, depending on the situation, to examine the bill presented to him. After this period, the bill becomes law. The Governor signs it if he approves the bill, which then becomes law. The Governor may veto a bill in its entirety. In the case of a bill providing for public expenditure, he may veto one or more items of expenditure, by deleting or modifying them. The uncensored parts become law. If the Assembly accepts the amended parts, a single reading with two-thirds of the votes cast leads to its adoption. If the bill is amended by the Assembly, it is sent back to the Governor, who may or may not sign it.
In the event of embezzlement, misfeasance or conviction of a felony, the Governor, Lieutenant-Governor or a State Court judge may be removed from office by a three-quarters vote of the members of the Legislative Assembly.
Executive power