In an interview with an advocate of the current government, Gilbert Demei, he said that all of the legal wars between the Ngaimis and supporters of the present state government, which began about 9 years ago, have finally come to an end.
“It began with a complaint in 1999 alleging that Ngatpang’s Constitution did not follow democratic principles and practices,” Demei said. “The Ngaimis, who inherited their positions, literally controlled the government.”
The complaint alleged that the Ngatpang Constitution conflicted with Guarantee Clause of the Palau National Constitution (Article XI § 1) which mandates that the structure and organization of state governments must be consistent with the Palau National Constitution and that each state government must follow democratic principles – one of which is the citizens right to make changes and choose, in an election, who is to represent them in the government.
In 2004, a referendum to change structure of the state’s government was passed, which led to drafting of constitutional amendments – some of which removed most of the power of the Ngaimis and opted for election of government leaders. However, a provision of the states constitution (Article IX) required all constitutional amendments – regardless of who proposed them – to be approved by at least 8 of the 10 members of Ngaimis.
According to court documents, amendments to restructure were proposed, however, only revised versions of the amendments that ensured Ngaimis control of the government were choices put on election ballots – other versions were disregarded.
In 2006, pursuant to the Guarantee Clause, the court declared Article IX of Ngatpang’s Constitution unconstitutional, removed it, and ordered all of the proposed amendments placed on the state’s election ballots.
Accordingly, the people of the state voted on the amendments and voted to change the structure of the state’s government. The changes went into effect and the people soon elected new representatives in the government in 2007, and significantly reduced the Ngaimis power within the state’s government.
The Ngaimis filed an appeal of the decisions of the Trial Court; however, the Appellate Court, after hearing the appeal, upheld the decisions of the Trial Court.
“There is no other avenue to continue this,” Demei said in reference to court’s decision on the appeal. “Our focus, as of now, should be on issues that can elevate the lives of the people of Ngatpang. We must now reconcile our differences and begin to move forward peacefully as a people.”
Demei said he hopes the Ngaimis; the elected members of the state government, and Delegate-elect, Jerry Nabeyama can begin immediately to work as a unit for the people of Ngatpang.
“I look forward to see the Ngaimis and our elected state leaders communicating and working with Nabeyama to come up with viable solutions that address the needs of the people of Ngatpang,” said Demei. “I’d like to see them debate on issues about the people and for the people instead of who should hold the reigns. I hope the courts final decision brings solace to the people of Ngatpang and provides for peace and unity for the leadership of the state.”
