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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

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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

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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."

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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."

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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."

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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."

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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."

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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."

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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.

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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.

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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."

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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."

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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."

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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.

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SECOND CONSTITUTIONAL CONVENTION

Constitutional Proposal No. 2-268A

May to July 2005

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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."

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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."

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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."

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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."

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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."

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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."

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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."

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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."

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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."

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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.

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