Palikir, POHNPEI. June 28, 2022 – The 4^th Constitutional Convention of the Federated States of Micronesia adjourned sine die at 1:57 p.m. on June 28, 2022 having adopted eight proposed constitutional amendments on dual citizenship, revenue sharing on fishing fees, presidential veto override, revenue sharing of seabed resources, eligibility to run for Congress, jurisdiction of cases where an interest in land is at issue, establishment of a new FSM Office for Independent Prosecutor, and setting a new threshold for amending the FSM Constitution. The adopted proposed amendments are:

Threshold Proposal:

Proposal 4-04 would amend Article XIV, Section 1 of the Constitution of the Federated States of Micronesia to lower the percentage of votes cast required in each State to adopt amendments to the Constitution from the current three- fourths of the votes required in three-fourths of the States to two-thirds of the votes in three –fourths of the States.

Dual Citizenship Proposal:

Proposal 4-05 would amend Article III of the Constitution of the Federated States of Micronesia which sets out the requirements for citizenship.

The Proposal does the following: (1) Allows an FSM Citizen who satisfies Section 2 of the FSM Constitution to hold dual citizenship. According to Section 2, a person born of parents one or both of whom are citizens of the Federated States of Micronesia is a citizen and national of the Federated States of Micronesia by birth. (2) Restores FSM citizenship to those who lost their citizenship because they failed or were unable to renounce their citizenship of a foreign country. (3) Provides a pathway for FSM citizens who knowingly renounced their FSM citizenship to restore their FSM citizenship by meeting such requirements as Congress may provide by law; and (4) removes the sections of Article III for which there are no longer any persons eligible to claim FSM citizenship.

Revenue Sharing on Fishing Fees Proposal:

Proposal 4-13, CCD1, would amend Article IX, Section 2(m) of the Constitution of the Federated States of Micronesia to provide that revenue derived from fishing fees are shared with the States. Under the proposed amendment, States would be entitled to not less than 50% of the total fishing fees collected per year. 70% of the amount would divided among the States based on population and 30% would be divided equally among the States. Currently 100% is for the National Government and 0% for the States.

Presidential Veto Override Proposal:

Proposal 4-03 would amend Article IX, Section 2(q) of the Constitution to increase the number of votes needed for Congress to override a presidential veto. The purpose of the amendment is to ensure the proper checks and balances between the President and the Congress. Under the proposal, the affirmative votes by 2/3 of election-district-representatives and ¾ of at-large-members would be needed to override a Presidential veto. Currently, Congress can override a Presidential veto by the affirmative vote of 3 of 4 State Delegations.

Revenue Sharing-Seabed Resources Proposal:

Committee Proposal 4-06, CCD2, would amend Article IX, Section 6 of the Constitution of the Federated States of Micronesia to establish how the States’ share of the net revenue from the exploitation of minerals and non-living resources within the jurisdiction of the Federated States of Micronesia beyond the 12 miles from island baselines would be shared between the respective States where the mining or exploitation took place. The amendment would establish that when two or more State governments have a claim to the revenues, each State shall be entitled to an equal percentage. Currently, the Constitution does not provide a mechanism for sharing the net revenues when more than one State has a claim.

Congress Eligibility Proposal: 

Committee Proposal 4-11, CCD2, would amend Article IX, Section 9, of the Constitution of the Federated States of Micronesia to create consistency between the eligibility requirements to run for Congress and to be elected President and to require residency within the FSM to be eligible to run for Congress. To run for Congress a person would need to be at least 30 years of age on election day, a citizen of FSM by birth, a domiciliary of the State they are representing, and must be residing in the FSM for at least five years immediately prior to running for office.

Land Case Jurisdiction Proposal:

Committee Proposal 4-07, CCD2, amends Article XI, Section 6(b) of the Constitution of the Federated States of Micronesia to provide that the State Courts have exclusive jurisdiction of cases where an interest of land is at issue. The intent of the amendment is to create an exception to the jurisdiction of the FSM Supreme Court for cases where an interest in land is at issue. State law would establish which state court would have jurisdiction.

Independent Prosecutor Proposal:

Committee Proposal 04-09 would amend Article XII of the FSM Constitution of the Federated States of Micronesia to add a new Section 4 creating an Office of Independent Prosecutor. The Office of the Independent Prosecutor will be an independent agency of the national government tasked with investigating and prosecuting individuals, governments, and entities that receive and misuse public funds from the national government, and to investigate and prosecute certain national government officials for national offenses involving public corruption.

The citizens of the Federated States of Micronesia will have the opportunity to vote on these proposed amendments in a referendum.

“The Convention is now completed and all the adopted proposed amendments were formally transmitted to the President as required by law,” said the Secretary of the 4^th FSM Constitutional Convention Mr. Kapilly Capelle in a statement. It is expected that President Panuelo will constitute the Executive Task Force for the public education as soon as practical.

Specific information on reports, proposals, journals, etc. can be easily accessed at the 4^th FSM Constitutional Convention website at: constitution.gov.fm

Press Release #22

Kolonia, POHNPEI. June 13, 2022 – The Convention during plenary session today passed on Final Reading its first Proposal since reconvening earlier this month. Committee Proposal 4-07, CCD2 was unanimously passed by all four State Delegations, making it the third proposed Constitutional amendment adopted by this Convention. The citizens of the FSM will have the opportunity to vote on this proposed amendment in a referendum.

This proposal is an amendment to Article XI, Section 6(b) of the Constitution of the Federated States of Micronesia to provide that the State Courts the exclusive jurisdiction of cases where an interest of land is at issue. The intent of the amendment is to create an exception to the jurisdiction of the FSM Supreme Court for cases where an interest in land is at issue.

The Convention also passed two resolutions. The first, Convention Resolution No. CC-RES-4-12, expresses its sincere condolences and sadness to the family of the late Hon. Camillo Noket, Delegate to the 4^th Constitutional Convention of the Federated States of Micronesia representing Northern Namoneas Region, Election District No.2 of the State of Chuuk and Chief Justice of the Chuuk State Supreme Court.

According to the resolution, in 1990, Noket was elected by the people of the Northern Namoneas Region to the Second Constitutional Convention of the Federated States of Micronesia where he also served as the Chairman of the Standing Committee on Civil Liberties and Traditions. In 2000, Noket was elected as Delegate to the Third FSM Constitutional Convention. In November of 2019, he was elected by his people to the 4^th Constitutional Convention of the FSM, where he served until his passing in May 2020.

The Convention then adopted Convention Resolution No.CC-RES-4-13, expressing its sincere condolences and sadness of the 4^th Constitutional Convention to the family of the late Hon. Peter Sitan, Delegate to the 4^th Constitutional Convention of the Federated States of Micronesia representing the Mortlocks Region, Election District No.1 of the State of Chuuk. In November of 2019, Peter Sitan was elected to the 4^th FSM Constitutional Convention representing his Mortlock Regions, where he served as the Chairman of the Standing Committee on Public Finance and Revenue until his passing in July 2020.

The public is invited to follow the plenary sessions, which are streamed live through the website of the 4^th Constitutional Convention of the Federated States of Micronesia at: constitution.gov.fm

PR # 20

 Palikir, Pohnpei. June 04, 2022 – The 4^th FSM Constitutional Convention continued in its deliberations on important proposals to amend the FSM Constitution. At 9:00 am the Chairman of the Standing Committee on Civil Liberties and Tradition, Hon. Mason Albert, called his committee meeting to order to review two proposals assigned to it: Constitutional Convention Delegates/Delegation Proposals (CC-PR) # 04-04 and # 04-13. CC-PR #04-04 is a proposal to amend Section 8 of Article XIII of the FSM Constitution to establish “full faith and credit” for statues, court orders and records of the States. CC-PR #04-13 is a proposal to amend Section 4 of Article V of the FSM Constitution to recognize the traditional ownership of submerged reef beyond the 12-mile zone from island baselines. The committee deferred action on proposal 04-04 indefinitely and will hold a joint hearing on proposal 04-13 with the Committee on Public Finance and Revenue. The committee meeting adjourned at 10:20 am.

At 10:30 am, the Convention President, Hon. Redley Killion, called the plenary session to order. The Convention unanimously adopted Committee Proposal # 04-03, to amend Section 2 of Article IX on Second Reading, with all State Delegations voting in the affirmative. Committee Proposal #04-03 will increase the number of votes needed to override a presidential veto restoring a balance of power between the branches of government.

The following Committee meetings and public hearing were announced: Saturday immediately after the session- Committee on General Provision, Monday-Committee on Government Structure and Functions after plenary session, Tuesday-Committee on Style and Arrangement @1pm and Wednesday-Committee on Public Finance and Revenue @1pm. The plenary session went into recess at 12:30 pm until Monday, June 06, 2022, at 10am.  

At 1:00 pm, the Chairperson of Committee on General Provision, Hon. Yoslyn Sigrah, called to order a committee meeting to review and make its recommendation on pending proposals assigned to the committee: CC-PR# 04-54 to amend Section 2 of Article XIII of the FSM Constitution to prohibit the storage and transport of toxic chemical and radioactive materials across FSM waters; CC-PR# 04-45 to amend Article XIII of the FSM Constitution by adding a new section to ensure sustainability of economic development; CC-PR# 04-55 to amend Article XIII of the FSM Constitution by adding a new section regarding public corporations; CC-PR# 04-59 to amend Article XIII of the FSM Constitution by adding a new section regarding foreign investment; and CC-PR# 04-65 to amend Article XIII of the FSM Constitution by adding a new section prohibiting government to hold an equity interest or have shares or stocks in any banks. The Committee deferred action on proposals 04-54, 04-45, 04-55, and 04-59. Proposal 04-65 will be subject to further review. The committee adjourned at 3:30pm

Specific information on reports, proposals, journals, etc. can be easily accessed online at the 4^th FSM Constitutional Convention website: consititution.gov.fm

Press Release #21

Palikir, POHNPEI. June 6, 2022 – Five new Delegate proposals were introduced into the Convention, bringing the total of proposals introduced to the Convention to seventy-five.

These proposals are:

Delegate Proposal No. CC-PR 04-71 seeks to amend Article IX, Section 8 of the Constitution of the Federated States of Micronesia to increase the number of at-large members of Congress from one member each state to two members. This proposal has been assigned to the Committee on Governmental Structure and Functions. Chaired by Delegate Victor Nabeyan of Yap.

Delegate Proposal CC-PR -04-72 seeks to amend Article IX, Section 14 of the Constitution of the Federated States of Micronesia to limit the combined annual salary and allowance to members of Congress. This proposal has been assigned to the Committee on Government Structure and Function, chaired by Delegate Nabeyan of Yap.

Delegate Proposal CC-PR -04-73 seeks to amend to Article XIII, Section 4 of the Constitution of the Federated States of Micronesia to provide that ownership of land and water will be determined by the customs and tradition of each state.  This proposal has been assigned to the committee on General Provision, chaired by Delegate Yoslyn G. Sigrah of Kosrae.

Delegate Proposal CC-PR-04-74 seeks to amend Article 1 of the Constitution of the Federated States of Micronesia to add a new Section 5 to provide for the right of the people of a state for self-determination when the National Government is betraying the trust, ignoring the need of the state and thwart the spirit of the nation. This proposal has been assigned to the Committee on General Provision, chaired by Delegate Sigrah of Kosrae.

Delegate Proposal CC-PR-04-75 seeks to amend Article IX, Section 3(a) of the Constitution of the Federated States of Micronesia to specify that the allottee of public funds shall follow national and state development plans when expending public funds. This proposal has been assigned to the Committee on Public Finance and Revenue, chaired by Delegate Jack Fritz of Kosrae.

Press Release #19

Palikir, POHNPEI. June 03, 2022 – Committee Proposals 4-06, the equal sharing of net revenues derived from ocean floor mineral resources, and 4-07, exclusive state court jurisdiction over land issues, passed on Second Reading today by unanimous votes of all State Delegations.

Committee Proposal 4-03 was discussed on Second Reading, but action on the Proposal was deferred. This proposal is seeking to amend Article IX, Section 2(q) of the Constitution to increase the number of votes needed for Congress to override a presidential veto. The purpose of the amendment is to ensure the proper checks and balances between the President and Congress.

Committee Proposals 4-06 and 4-07 will be heard on Final Reading tomorrow. Committee Proposal 4-03 will be heard on Second Reading at a later date.