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2008 Palauan referendum
A twenty-three-part referendum was held in Palau on 4 November 2008 alongside the country's general elections. Voters were asked questions on requirements of citizenship to hold office, government provision of primary school and health care, the definition of marriage and term limits for Parliament. Only the proposal permitting naturalization for certain adoptees failed to obtain the requisite majority of the vote and majority in 3/4th of the states.
Results
No dual citizenship for President
A popular initiative proposed amending the constitution to prohibit dual citizens from being eligible to hold the office of President or Vice President. It would amend Article VIII, Section 3 of the Constitution to read:
| Choice | Votes | % |
|---|---|---|
| For | 7,614 | 78.73 |
| Against | 2,057 | 21.27 |
| Invalid/blank votes | - | – |
| Total | 9,671 | 100 |
| Registered voters/turnout | 14,196 | 68.12 |
| Source: Direct Democracy |
Separate election of President and Vice President
A popular initiative proposed amending the constitution to permit the President and Vice President to be elected separately. It was meant to undo joint election, which was passed by referendum in 2004. It would amend Article VIII, Section 4 of the Constitution to read:
| Choice | Votes | % |
|---|---|---|
| For | 6,477 | 67.26 |
| Against | 3,152 | 32.74 |
| Invalid/blank votes | - | – |
| Total | 9,629 | 100 |
| Registered voters/turnout | 14,196 | 67.83 |
| Source: Direct Democracy |
Definition of the inauguration of President and Vice President
A popular initiative proposed amending the constitution to specifically define the end date of a presidential and vice presidential term and the inauguration of a new one. It would add a new paragraph to Article VIII, Section 4 of the Constitution which read:
| Choice | Votes | % |
|---|---|---|
| For | 7,727 | 82.51 |
| Against | 1,637 | 17.49 |
| Invalid/blank votes | - | – |
| Total | 9,364 | 100 |
| Registered voters/turnout | 14,196 | 65.96 |
| Source: Direct Democracy |
Right to trial by jury for serious crimes
A popular initiative proposed amending the constitution to require a trial by jury for serious crimes. It would add a new section to Article IV of the Constitution which would read:
| Choice | Votes | % |
|---|---|---|
| For | 5,480 | 58.74 |
| Against | 3,848 | 41.26 |
| Invalid/blank votes | - | – |
| Total | 9,328 | 100 |
| Registered voters/turnout | 14,196 | 65.71 |
| Source: Direct Democracy |
No dual citizens as members of Parliament
A popular initiative proposed amending the constitution to prevent dual citizens from being elected to Parliament. It would amend Article IX, Section 6 of the Constitution to read as follows:
a citizen of Palau only; not less than twenty-five (25) years of age; a resident of Palau for not less than five (5) years immediately, preceding the election, and a resident of the district in which he wishes to run for office for not less than one (1) year immediately, preceding the election.}}
| Choice | Votes | % |
|---|---|---|
| For | 7,376 | 80.84 |
| Against | 1,748 | 19.16 |
| Invalid/blank votes | - | – |
| Total | 9,124 | 100 |
| Registered voters/turnout | 14,196 | 64.27 |
| Source: Direct Democracy |
Limits on compensation for members of Parliament
A popular initiative proposed amending the constitution to limit the compensation paid to members of Parliament. It would amend Article IX, Section 8 of the Constitution to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 7,373 | 78.66 |
| Against | 2,000 | 21.34 |
| Invalid/blank votes | - | – |
| Total | 9,373 | 100 |
| Registered voters/turnout | 14,196 | 66.03 |
| Source: Direct Democracy |
Beginning and end of a legislative term
A popular initiative proposed amending the constitution to define the beginning and end of a legislative term. It would amend Article IX, Section 11 of the Constitution to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 7,727 | 82.79 |
| Against | 1,606 | 17.21 |
| Invalid/blank votes | - | – |
| Total | 9,333 | 100 |
| Registered voters/turnout | 14,196 | 65.74 |
| Source: Direct Democracy |
No term limit for members of Parliament
A popular initiative proposed amending the constitution to repeal the parliamentary term limits amendment passed in 2004. It read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 5,610 | 59.98 |
| Against | 3,743 | 40.02 |
| Invalid/blank votes | - | – |
| Total | 9,353 | 100 |
| Registered voters/turnout | 14,196 | 65.88 |
| Source: Direct Democracy |
Separation of Appellate Division of the Supreme Court
A popular initiative proposed amending the constitution to separate the Appellate Division of the Supreme Court from the Trial Division. It would amend Article X Section 2 to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 7,095 | 76.43 |
| Against | 2,188 | 23.57 |
| Invalid/blank votes | - | – |
| Total | 9,283 | 100 |
| Registered voters/turnout | 14,196 | 65.39 |
| Source: Direct Democracy |
Constitutional voting anytime
A popular initiative proposed amending the constitution to permit amendment of the constitution by referendum at any time, where referendums had previously been limited to taking place during general elections. It would amend Article XIV, Section 2 to read as follows: Section 2 3. A Once a proposed amendment to this Constitution shall become effective when is approved at 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 (3/4) 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.}}
| Choice | Votes | % |
|---|---|---|
| For | 7,285 | 79.63 |
| Against | 1,863 | 20.37 |
| Invalid/blank votes | - | – |
| Total | 9,148 | 100 |
| Registered voters/turnout | 14,196 | 64.44 |
| Source: Direct Democracy |
Academic freedom at all levels
A popular initiative proposed amending the constitution to ensure a right to academic freedom in all institutions of higher learning. It would add a new section to Article IV to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 7,505 | 80.42 |
| Against | 1,827 | 19.58 |
| Invalid/blank votes | - | – |
| Total | 9,332 | 100 |
| Registered voters/turnout | 14,196 | 65.74 |
| Source: Direct Democracy |
Dual citizenship with all possible states
A popular initiative proposed amending the constitution to ensure a right to academic freedom in all institutions of higher learning. It would amend the constitutional section on "Allowing Palauans Multiple Citizenship" to read as follows:: Section 2 Repealer. Article III, Sections 2 and 3 are hereby repealed.}}
| Choice | Votes | % |
|---|---|---|
| For | 7,001 | 74.72 |
| Against | 2,368 | 25.28 |
| Invalid/blank votes | - | – |
| Total | 9,369 | 100 |
| Registered voters/turnout | 14,196 | 66.00 |
| Source: Direct Democracy |
Naturalization for adoptees
A popular initiative proposed amending the constitution to permit adoptees to petition the government for naturalization. It would amend Article III, Section 4 to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 4,156 | 44.66 |
| Against | 5,149 | 55.34 |
| Invalid/blank votes | - | – |
| Total | 9,305 | 100 |
| Registered voters/turnout | 14,196 | 65.54 |
| Source: Direct Democracy |
This was the only proposal among the package of twenty-three which failed.
Postal voting for citizens overseas
A popular initiative proposed amending the constitution to permit overseas Palauans to vote by absentee ballot. It would amend Article VII to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 7373 | 78.98 |
| Against | 1,962 | 21.02 |
| Invalid/blank votes | - | – |
| Total | 9,335 | 100 |
| Registered voters/turnout | 14,196 | 65.76 |
| Source: Direct Democracy |
Land acquisition for diplomatic purposes
A popular initiative proposed amending the constitution to permit foreign countries to acquire land for diplomatic purposes. It would amend Article XIII, Section 8 to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 5,736 | 61.31 |
| Against | 3,619 | 38.69 |
| Invalid/blank votes | - | – |
| Total | 9,355 | 100 |
| Registered voters/turnout | 14,196 | 65.90 |
| Source: Direct Democracy |
Land acquisition for non-Palauans limited to 99 years
A popular initiative proposed amending the constitution to limit land ownership by non-Palauans to 99 years. It would amend Article XIII, Section 8 to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 5,726 | 61.21 |
| Against | 3,628 | 38.79 |
| Invalid/blank votes | - | – |
| Total | 9,354 | 100 |
| Registered voters/turnout | 14,196 | 65.89 |
| Source: Direct Democracy |
Support for Palauan culture
A popular initiative proposed amending the constitution to require the government to support Palauan traditional culture. It would amend Article V, adding a new paragraph which read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 7,542 | 81.28 |
| Against | 1,736 | 18.72 |
| Invalid/blank votes | - | – |
| Total | 9,278 | 100 |
| Registered voters/turnout | 14,196 | 65.36 |
| Source: Direct Democracy |
Marriage as between a man and a woman only
Voters were asked whether they approved of a popular initiative to amend the constitution defining marriage as between a man and a woman. Article IV, Section 13 of the Constitution would be amended to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 7,896 | 83.55 |
| Against | 1,554 | 16.45 |
| Invalid/blank votes | - | – |
| Total | 9,450 | 100 |
| Registered voters/turnout | 14,196 | 66.57 |
| Source: Direct Democracy |
Free primary school
A popular initiative proposed amending the constitution to require the government to provide free education for grades one through twelve. It would amend Article VI to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 8,026 | 85.94 |
| Against | 1,312 | 14.06 |
| Invalid/blank votes | - | – |
| Total | 9,338 | 100 |
| Registered voters/turnout | 14,196 | 65.78 |
| Source: Direct Democracy |
Free preventive health care
A popular initiative proposed amending the constitution to require the government to provide free health care. It would add a new section to Article IV to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 8,042 | 86.47 |
| Against | 1,258 | 13.53 |
| Invalid/blank votes | - | – |
| Total | 9,300 | 100 |
| Registered voters/turnout | 14,196 | 65.51 |
| Source: Direct Democracy |
Priority of Palauan before the English language in the Constitution
Voters were asked whether they approved of a popular initiative to amend the constitution to give the Palauan version priority of interpretation over the English version. Article XIII, Section 2 of the Constitution would be amended to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 7,352 | 78.84 |
| Against | 1,973 | 21.26 |
| Invalid/blank votes | - | – |
| Total | 9,325 | 100 |
| Registered voters/turnout | 14,196 | 65.69 |
| Source: Direct Democracy |
Definition of territorial waters
A popular initiative proposed amending the constitution to define the nation's territorial waters. It would amend Article I, Sections 1 and 2 to read as follows: (B) the straight archipelagic baselines, Which from 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 Island and around the Kayangel 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 South West 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 Iceland and then around the Iceland 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 country 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.|sign=|source=}}
| Choice | Votes | % |
|---|---|---|
| For | 7,331 | 81.33 |
| Against | 1,682 | 18.67 |
| Invalid/blank votes | - | – |
| Total | 9,013 | 100 |
| Registered voters/turnout | 14,196 | 63.49 |
| Source: Direct Democracy |
Judicial Appointments Commission only Palauan citizens
A popular initiative proposed amending the constitution to require all members of the Judicial Nominating Commission to be citizens of Palau. It would amend Article 7 Chapter X to read as follows:
| Choice | Votes | % |
|---|---|---|
| For | 6,947 | 77.78 |
| Against | 1,984 | 22.22 |
| Invalid/blank votes | - | – |
| Total | 8,931 | 100 |
| Registered voters/turnout | 14,196 | 62.91 |
| Source: Direct Democracy |
References
References
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- [https://web.archive.org/web/20160127091315/http://kshiro.web44.net/republic/rep_con/22concon_pdf/conconballot_16_17.pdf] http://kshiro.web44.net/republic/rep_con/22concon_pdf/conconballot_16_17.pdf {}
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- (4 November 2008). "Palau, 4. November 2008 : Ehe nur zwischen Mann und Frau -- [in German]".
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- (4 November 2008). "Palau, 4. November 2008 : Vorrang der palauischen vor der englischen Sprache in der Verfassung -- [in German]".
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