The Marshall Islands are a nation made up of a widespread grouping of volcanic islands and coral atolls located in the central Pacific Ocean between the US State of Hawaii and the Philippines. Nearby nations include Nauru, Kiribati, the Federated States of Micronesia, as well as some US Minor Outlying Islands such as Wake Island which the Marshall Islands disputes and claims as its own. The capital Majuro is located on Majuro Atoll. The islands are considered geographically a part of the larger Micronesia islands grouping.
It is widely thought that waves of human migrants from Southeast Asia spread across the western Pacific Ocean as far back as 3,000 years ago, populating the many small islands that were found. It is believed the Marshall Islands were settled by Micronesian peoples around the 2nd Millennium BC, but little is known of the islands’ early history. The inhabitants did design stick charts to help with navigation between the islands.
Alonzo de Salazar, a Spanish explorer, landed on the islands in 1526 marking the first European contact, with the islands becoming known as Los Pintados, Las Hermanas, and Los Jardines within the Spanish Empire. The area came under the jurisdiction of the Viceroyalty of New Spain but was later administered by Madrid via the Captaincy General of the Philippines, following the decolonization of Latin America and the dissolution of New Spain from 1821.
American whaling ships visited the islands during the 19th Century. Apart from the limited contact and being considered a part of Spain’s colonial possessions, the islands were mostly left to their own affairs, although there were some short-lived attempted missions to spread religion to the islands in 1668 and 1731. Apart from some cartographic demarcation treaties between Portugal and Castilian Spain, the islands were largely ignored by European powers.
The islands were independently named by Adam Johann von Krusenstern, a Russian admiral and explorer, naming them after the British explorer John Marshall. Marshall had visited the islands along with Thomas Gilbert in 1788 via two ships from the First Fleet, a fleet of 11 ships that had brought the first European settlers to Australia. They started to establish German and British trading posts there, which were not formally contested by Spain.
Spain formally claimed the Marshall Islands in 1874 via its capital in the East Indies – Manila. The German Empire attempted strategic moves during the 1870s and 1880s to annex them, claiming them to be “by chance unoccupied”. This almost led to conflict between Spain and Germany in 1885.
After this was papal mediation and the German Empire receiving monetary compensation, Spain and Germany would then reach an agreement under the 1885 Hispano-German Protocol of Rome, splitting the Marshall Islands between German and Spanish control. 13-years after the agreement the German Empire was ceded control of all the Marshall Islands.
After the breakout of World War I the Japanese took the opportunity to take over German colonial territories in the Pacific, which included the Marshall Islands. Then during World War 2 the islands were taken from Imperial Japan by the Americans in 1944. In 1947 the US made an agreement with the UN Security Council to administer most of Micronesia, including the Marshall Islands, known as the Trust Territory of the Pacific Islands.
Sadly, the US would choose to use the islands to test nuclear weapons within what they called the Pacific Proving Grounds between 1946 and 1958, where there were 67 nuclear tests conducted on various atolls, mostly in the Marshall Islands. The world’s first hydrogen bomb was also tested on the Marshall Islands’ Enewetak Atoll in 1952.
Starting from 1946 the residents of the islands, such as in Bikini Atoll, were forcibly evacuated for nuclear tests, which produced damaging fallout and caused environmental damage and destruction. The US has only cleaned one of the 60 islands. The US was ordered to pay $2 billion in compensation by the Nuclear Claims Tribunal. Many of the islanders still live in exile due to continued contamination from radiation.
The Runit Dome was also built on Runit Island to deposit US-produced radioactive soil and debris, which included lethal amounts of plutonium. The site is an ongoing concern due to its deterioration and the potential for a radioactive spill.
In recognition of evolving political status, the US allowed the Marshall Islands independence in 1979, recognising their constitution and the establishment of the Government. The Trust Territory of the Pacific Islands was officially ended via a UN Security Council Resolution in 1999. The Compact of Free Association had given the islands $180m for continued US usage of Kwajalein Atoll, $250m in compensation for nuclear testing, and $600m in other payments. US financial assistance remains one of the main things supporting the nation’s economy guided by the Compact of Free Association.
The Marshall Islands, like many low-lying small island chains, face great threats to their very existence due to the threat of rising sea levels caused by ongoing climate change.
The official languages are Marshallese and English, Christianity is the largest religion. The country does not have its own currency and uses the US Dollar as official tender, it was also the first country to issue its own digital currency in 2018 via the Sovereign Currency Act, with it called the Sovereign. The Marshall Islands’ population is over 59,740.
Government Type
The Marshall Islands are a presidential parliamentary representative democratic republic, with the country having an indirectly elected President as Head of State and Head of Government, of which the majority elected have been traditional paramount chiefs, and a unicameral directly-elected Parliament called the Legislature of the Marshall Islands (Nitijeļā). Multiple parties are allowed but the Parliament as it stands are dominated by Independents, although parties do exist and are active and many of these Independents are affiliated with them in some form.
It is noted by Freedom House that elections in the Marshall Islands are officially nonpartisan but that members are free to form alliances and change party affiliation after taking office. Often Independents form loose coalitions and lawmakers switching between these coalitions are common, and the government is held to account. Freedom House also says that traditional chiefs play an influential but gradually waning role in politics.
The Executive Government
The President is both the Head of State and Head of Government, which is actually in my opinion fairly unusual for a President who is not directly elected by some form of popular vote or either similar method. This is the sort of system where you would expect a Prime Minister to exist as a Head of Government, but this is not the case and the system used by the Marshall Islands seems to nonetheless be working sufficiently and remains democratically-sound in terms of civil liberties and political rights.
The executive government is ran by the President and its highest decision-making body is the Cabinet, such as for direction and implementation of executive policies. The Cabinet’s members are collectively responsible to the Legislature and must maintain its confidence to remain.
The Cabinet is made up of the President and other Ministers appointed from among members of the Legislature. After the President is elected where they are known as President-elect, they will nominate to the Speaker of the Legislature the appointment of Ministers of the Cabinet, the number cannot be less than 6 nor more than 10 who have consented to the nomination. The Speaker then appoints the President and their Cabinet into office. If the President-elect fails to submit the required number of nominations for Cabinet within 7-days then the Legislature will elect a new President-elect.
The President allocates among members of the Cabinet (including himself if he/she desires) the portfolios of Minister of Finance, Minister of Foreign Affairs, Minister of Communication and Transportation, Minister of Resources and Development, Minister of Social Welfare, Minister of Public Works, and such other portfolios as may be necessary or desirable for giving to a member of the Cabinet the primary responsibility for any Department or function of Government.
The President has primary responsibility for any Department or function of Government in respect of which no allocation of a portfolio for the time being in force. At any time when the total number of Ministers is less than 10, the President can submit a nomination to the Speaker for a member of Cabinet to be appointed.
The President can allocate and reallocate portfolios at any time. The President can also have other Ministers take responsibility for a portfolio whenever it appears to the President that the current holder is too ill, is absent, and as such not able to discharge their duties for a temporary amount of time.
The President can remove Cabinet members at any time but if their number falls below 6 then the President must nominate a new member/s within 30-days, if he/she fails to do this then the President will be deemed to have resigned and a new one will be elected.
The Cabinet has general direction and control of the Government; it recommends legislative proposals to the Legislature that it considers necessary or desired to implement its policies and decisions, as well as proposals on raising taxes or other revenue and for the expenditure of public money; the Cabinet is accountable for all public expenditure and relating such to the appropriations made by the Legislature or other authority conferred by the Constitution or an Act of the Legislature.
The Cabinet is also responsible for conducting foreign affairs either by treaties and/or by other methods, any treaties must be approved by the Legislature before their final ratification, and ambassadors and heads of diplomatic missions appointed by the Cabinet must also be approved by resolution of the Legislature.
The Cabinet is responsible for making such provision as is reasonable and necessary for the security of the Republic, providing that no armed forces are raised or stationed on the Marshall Islands during peacetime unless allowed by an Act of the Legislature.
The Cabinet holds the power to grant pardons and reprieves.
When it comes to public health the Cabinet is responsible for establishing and maintaining hospitals and other institutions and provision of services as may be reasonable and necessary. On education the Cabinet is responsible for establishing and maintaining public schools and making such other provision as may be reasonable and necessary to provide educational opportunities. It is also responsible for establishing and maintaining other institutions and services and making such other provision as may be reasonable and necessary to achieve an adequate standard of living, enable people to enjoy legal rights, and to serve their economic, social and cultural welfare.
No-Confidence (Removal of President)
At least 4 members of the Legislature who are not members of the Cabinet can introduce a motion of no-confidence against the Cabinet. If it is adopted by an absolute majority of the members of the legislature then the President (and his Cabinet) are deemed to have resigned and the Legislature will elect a new President. If the Legislature does not elect a new President within 14-days following the no-confidence vote that has been adopted, then the no-confidence and resignation of the President will lapse.
If a no-confidence motion fails/lapses then another cannot be held for at least 90-days unless a new President is elected who has appointed a new Cabinet.
Presidential Absence/Vacancy
If the President is temporarily absent for whatever reason and as such cannot perform the functions of their office for that period of time, then the President, or failing him/her the Cabinet itself, may request the Speaker of the Legislature to appoint a Minister to perform the functions of the President until the actual President returns.
If there is a vacancy in the Presidency for any reason other than the usual dissolution, then the Speaker of the Legislature, acting at the request of the Cabinet, or on their own accord if they have received no such request within 7-days, will appoint a Minister to perform the functions of President until a new Cabinet is appointed following the election of a new President.
Presidential Powers and Duties
It is to be noted that the President does not have much power to themselves and instead must in-general and on many things act through the Cabinet.
The President handles the appointment and scheduling of a special/extraordinary session of the Legislature, if one is needed for reasons of urgent public business.
Other Established Bodies and Public Offices
There is a Council of the Iroij that represents the interests, customs, and traditions of the Paramount Chiefs (Iroijlaplap) and the other chiefs (Iroij). It consists of 5 eligible persons from districts of the Ralik Chain and 7 eligible persons from districts of the Ratak Chain.
A group or persons, in any district specified, becomes recognised, pursuant to customary law or any traditional practice, as having rights or obligations analogous to those of Irojilaplap, then that person, or a member of that group nominated by the group, will be deemed eligible to be a member of the council. As though they were an Iroijlaplap.
If in any specified district, the number of eligible persons is greater than the number of seats to be filled for it on the council, then the term of office for those members are one year, and they shall work out amongst themselves a reasonable rotational system, although they can also have a person or persons serve multiple consecutive or unconsecutive terms. If there is failure to an agreement by the time of the first council meeting on a year on this then the Legislature of the Marshall Islands intervenes and appoint by resolution, one or more of the eligible persons to be a member or members from the district in question.
If a district does not have any eligible persons, then the Council of Iroij itself will by resolution appoint member or members for the district in question, those appointed will be in the opinion of the council, regarding customary law and traditional practices, who is qualified by reason of family ties to a person who would have been eligible to be a member of the council from that district.
As well as meeting the eligibility requirements for the council, those chosen must also be a qualified voter and cannot also be a member of the Legislature of the Marshall Islands.
Two members of the Council will be made Chairman and the other Vice-Chairman, they are elected amongst themselves via majority votes. The Council can also resolve to remove either of them via a resolution supported by at least two-thirds of all members. The Chairman presides over the Council unless unable to whereby then the Vice-Chairman shall do so, if both are unable to at the same time then it defaults to the oldest present member until either the Chairman or Vice-Chairman returns.
Members who are unable to attend meetings can appoint an eligible person as their deputy until they return, they have full powers but cannot be elected or serve the functions of Chairman or Vice-Chairman unless there is absolutely no other eligible person. If a member who is unable to show up has not themselves appointed a deputy in their place, then the Council can by resolution appoint an eligible person as deputy in their place until their return.
The Council of Iroij has two main functions…
- The Council may consider any matter of concern to the Republic of the Marshall Islands, and may express its opinion to the governing Cabinet.
- The Council may request the reconsideration of any bill that affects customary law, or any traditional practice, land tenure, or any related matter, that has been adopted in the third reading by the Legislature, within 7-days after having received the bill.
- Outside of these two main functions, the council may also have other functions given to it by Acts of the Legislature, but those two stated are constitutionally guaranteed functions.
On the matter of reconsidering bills, if the council does make this wish apparent on an eligible bill, then the Legislature reconsiders this bill along with any observations made by the council. The Speaker of the Legislature and the Chairman of the Council of Iroij may agree to form a joint conference between its members in order to reach an agreement.
During reconsideration the Legislature may choose not to proceed with the bill at all, or may choose to amend the bill, or choose not to amend it and instead pass the bill again with no changes. If the bill is passed again, amended or not, then the council will not at this point have any further power to ask for another reconsideration.
There is a Supreme Court which consists of a Chief Justice of the Supreme Court and such other number of judges as may be prescribed by an Act of the Legislature. The Supreme Court is a superior court of record having appellate jurisdiction, as to both law and fact, with final authority to adjudicate all cases and controversies properly brought before it, in accordance with the Constitution and applicable laws.
There is a High Court which consists of a Chief Justice of the High Court and such other number of judges as may be prescribed by an Act of the Legislature. It is a superior court of record with general jurisdiction over controversies of law and fact, having original jurisdiction with cases duly filed in the High Court. It has appellate jurisdiction over cases originally filed in subordinate courts. And, unless otherwise provided for by law, has jurisdiction to review legality of any final determination by a Government agency at the behest of any party aggrieved by such determination.
All judges of both the Supreme Court and High Court are appointed by the Cabinet acting on recommendation of the Judicial Service Commission and also with the approval of the Legislature via a resolution. Retirement age is 72 years.
There is a Traditional Rights Court which is a court of record consisting of panels of 3 or more judges selected so as to include a fair representation of all classes of land rights. Its size, membership, and procedure are determined by the High Court unless or until the Legislature makes provision for these matters by an Act.
This court is limited to the determination of questions relating to titles or to land rights or other legal interests depending wholly or partly on customary law and traditional practice.
There is a Judicial Service Commission consisting of a Chairman who shall be the Chief Justice of the High Court, or if this is vacant, a person qualified by legal training, experience and temperament, appointed by the Cabinet to act during the period of vacancy; the Attorney General, or if they cannot, the Chairman of the Public Service Commission; and a citizen of the Marshall Islands, neither a member of the Legislature nor the Public Service, appointed from time to time by the Cabinet.
This Commission…
- Recommends judicial appointments on its own motion or at the request of the Cabinet.
- Recommends or evaluates criteria of qualification for judges on its own motion or at the request of the Speaker of the Legislature or the Cabinet.
- Appoints and removes judges of the subordinate courts, and of the Traditional Rights Court if authorized to do so by an Act of the Legislature.
- The Commission must act independently in the exercise of its functions and powers.
There is a Chief Secretary who is an officer of the Public Service and who heads the Public Service and also the chief administrative and advisory officer of the Government. The Public Service Commission consults with the President and obtains the concurrence of the Cabinet before appointing a Chief Secretary.
The Chief Secretary is responsible to the Cabinet for the general direction of the work of all Departments and offices of Government. The head of any such Department or office shall account the work of those places to the Chief Secretary, as well as to the Minister primarily responsible for the Department or office.
There is an Attorney General who is an officer of the Public Service and who has the same qualifications as those required for appointment as a judge of the High Court. They are appointed by the Public Service Commission after consulting with the President and getting the concurrence of the Cabinet.
The Attorney General heads any Department or office dealing with the administration of justice and any other Department or office placed under their authority by the Public Service Commission.
The Attorney General advises the Cabinet, President, or a Minister on legal matters, and is responsible for instituting, conducting, or discontinuing any proceedings for an offence alleged to have been committed, and seeing to that laws are faithfully executed.
The Attorney General must act independently.
There is a Secretary of Finance who is an officer of the Public Service and who heads the Finance Department, their method of appointment is not clear but likely has something to do with the Public Service Commission. They are responsible for the preparation of accounts relating to all public revenues and expenditure for each financial year, and advises the Minister of Finance on all matters that pertain to the Budget.
There is a Public Service Commission consisting of a Chairman and two other members appointed by the Cabinet for a term of 3-years, approved by a resolution of the Legislature, and who can be reappointed.
This Commission…
- Is the employing authority of the Public Service with general oversight and control of its organisation and management and responsible for reviewing the efficiency and economy of all Departments and offices of Government.
- Subject to law, they may prescribe and determine conditions of employment of employees of the Public Service
- Responsible to the Cabinet for carrying out its duties and exercise of its functions and powers, and it shall, as necessary, inform and advise the Cabinet in relation to any matter affecting the Public Service, including an annual report on the efficiency and economy of the Public Service and work of the Commission.
There is an Auditor-General, nominated by the Speaker of the Legislature, approved by the Legislature through a resolution, and appointed by the President. Retirement age is 72. People who have held this office cannot be appointed to another office in service of the Republic until 3-years have passed.
The Auditor-General is in charge of auditing accounts, which includes auditing the public funds and accounts of the Republic including those of all Departments or offices of the legislative, executive and judicial branches of Government and of any other public corporation or other statutory authority, unless for public corporations and other statutory authorities, provision has been made for their audit by another person via an Act of the Legislature.
The Legislative Government
The legislative government is made up of a unicameral legislature called the Legislature of the Marshall Islands or the Nitijela. The Legislature is constitutionally-locked at 33-members with the Constitution also stating their electoral districts and the number elected from each electoral district. This can be amended, including by varying the number of members or districts, or their boundaries, or number to be elected from districts, but if done so it should be made sure that each member represents approximately the same number of voters, with account taken of geographical features, community interests, boundaries of administrative and traditional areas, means of communication and population density and mobility of population.
The powers of this legislature include the ability to repeal, revoke, or amend any law in force; to confer, by Act, the authority to promulgate rules, regulations, orders or other subordinate instruments pursuant to that Act and to further its stated purposes; and make all others laws that it considers necessary and proper for carrying into execution any of its other powers, or any power vested by the Constitution in any other government agency or any public officer.
Bills on prescribing compensation and on prescribing qualifications of Judges require a special procedure as guided by the Constitution and a report from a relevant committee or authorized body, such as the Judicial Service Commission for prescribing qualifications of Judges.
The Legislature has the power to removes judges of the Supreme Court and High Court via a resolution adopted by at least two-thirds of all members and only on the ground of clear failure or inability to faithfully discharge the duties of their office or for the commission of treason, bribery, or other high crimes or abuses inconsistent with the authority of their office. On cases where the Legislature is not in session the Cabinet has the power to suspend such judges that fit criteria for removal for up 21-days after commencement of the next ensuing session of the Legislature.
Subject to Section 15 of the Constitution and subject to any Act, the Legislature may from time to time make Rules for the regulation and orderly conduct of its proceedings and the dispatch of its official business.
At least half of the total membership must be present to form a quorum in order to transact any business. All bills must go through three readings before it is passed.
There is a Speaker and Vice-Speaker majority-elected from the existing members of the Legislature following general elections or any vacancy of either. They can be removed via a resolution of the Legislature supported by at least two-thirds of all members.
The Speaker presides over the Legislature; is responsible for ensuring official business is conducted in compliance with the Constitution and rules of the Legislature, exercising their powers in an impartial manner. The Clerk of the Legislature countersigns things signed by the Speaker or Vice-Speaker.
Interestingly bills that are passed are signed into law by the Speaker (countersigned by the Clerk of the Legislature) and not the President.
Special/extraordinary sessions of the Legislature on a particular matter can be called at any time by the President (unless a regular session exists or an existing special session), the President determines the date at which a special session ends.
There are some situations that require a special session to be called. If there has been a general election or if, at any time when the Legislature is not in session, an election of the President is for any other reason required, and more than 60-days will elapse before the date of the next regular session, then the President should, within 14-days after the date of the general election or date of occurrence of any other event requiring the election of a President, call the Legislature to meet in a special session within 30-days. If the President does not call for a special session, then the Speaker should as soon as practicable.
In another case if more than 120-days have elapsed after the date in which the preceding session of the Legislature was terminated, any 10-members of the Legislature, who are not Cabinet members, representing at least 4 electoral districts, may, by written petition signed by each of the members, request the President to call a special session in order to consider a matter or matters of urgent public business. If the President has not called a special session within 7-days of this, then the Speaker should call a special session as soon as practicable. This special session cannot be terminated before the expiration of at least 30-sitting-days unless the Speaker certifies that the matter or matters of urgent public business has/have been disposed of.
The Legislature cannot be dissolved if the election of a President is required, and shall not dissolve until at least after the Cabinet has been appointed. It can also not be dissolved while considering a motion of no-confidence against the Cabinet.
The President has the power to dissolve the Legislature early if a motion of no-confidence in the Cabinet has been carried out twice and has lapsed both of those times, as long as no other President has held office in the interval between those two motions of no-confidence; or if no Cabinet has been appointed within 30-days following the election of the President.
When the Legislature dissolves for elections or any other reason any existing business or bill going through Parliament will lapse.
The Electoral System
Legislative and presidential elections take place every 4-years unless sooner dissolved. The 33 members are elected from single and multi-seat constituencies using a first-past-the-post system where candidates win by simple majority. Those in multi-seat constituencies can vote for as many candidates as there are seats to fill.
Candidates for election to the Legislature must be qualified voters who are at least 21-years-old. Those in the Public Service are granted leave if they run as candidates and if elected are deemed to have resigned from the Public Service.
Those elected will cease being a member under usual circumstances (such as death or no longer qualified) but also if a member is absent without leave from meetings of the Legislature over 20 consecutive sitting days, or if they accept appointment to any other office (excluding the Cabinet) that entitles him/her to compensation of public money. Singular vacancies are usually filled via a by-election.
After legislative elections members of that legislature elect one of its own members as President, the winner is a member who gets the absolute majority of votes, and their term is 4-years alongside the Legislature. The Legislature elects a new President if the office becomes vacant early due to death, absence, resignation, removal, and so on.
To vote one must be a citizen of the Marshall Islands who is at least 18-years-old, not be certified as insane, and not to be a convicted felon serving a sentence of imprisonment or who is on probation or parole.
Source
The source for this comes from the Marshall Islands Constitution of 1979 with amendments through to 1995, which I thought was the most up to date until it seems that further amendments have taken place, such as in 2018 according to the CIA World Factbook, and unfortunately, I am unable to find anything on what exactly was amended, so it is possible that information in this blogpost is outdated, but it is likely nonetheless that much of it is still applicable.
Things that have been considered for big amendments include direct-election of the President, an Ombudsman, position of Vice-President, preventing no-confidence from removing President and Cabinet (this one seems a bit sus, but then again maybe it would be similar to how it works in the US), requirement of natural-born citizen to be President, as well as many other things. I do not believe any of the very impactful ones have been adopted, but I of course cannot be 100% sure.
This is all why cross-research is very important if attempting to use this post seriously.
The Constitution can be amended by proposal of the Legislature or a Constitutional Convention. Passage via Parliament requires a two-thirds majority in each of two readings and majority approval in a national referendum. Those brought up by a Constitutional Convention require at least two-thirds majority approval in a referendum.
A Constitutional Convention is a body consisting of elected members, having to total 10 more than the membership of the Legislature. These conventions seem to consist of representatives elected from electoral divisions and also traditional chiefs (Iroijs). These bodies are only able to consider amendments already presented by the Legislature or a referendum.
Next up will be the government system of Mauritania.
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