Identifier
Created
Classification
Origin
09KOLONIA140
2009-11-06 05:43:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kolonia
Cable title:  

POHNPEI STATE CONCLUDES ITS CONSTITUTIONAL CONVENTION

Tags:  PGOV PREL FM 
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ZNR UUUUU ZZH
R 060543Z NOV 09
FM AMEMBASSY KOLONIA
TO RUEHC/SECSTATE WASHDC 2382
INFO RUEHKR/AMEMBASSY KOROR 0359
RUEHMJ/AMEMBASSY MAJURO 0473
RUEHC/DEPT OF INTERIOR WASHINGTON DC
RUEHKN/AMEMBASSY KOLONIA 2751
UNCLAS KOLONIA 000140 

SENSITIVE
SIPDIS

DEPT FOR EAP/ANP
INTERIOR FOR OIA

E.O. 12958: N/A
TAGS: PGOV PREL FM
SUBJECT: POHNPEI STATE CONCLUDES ITS CONSTITUTIONAL CONVENTION

REF: KOLONIA 47

UNCLAS KOLONIA 000140

SENSITIVE
SIPDIS

DEPT FOR EAP/ANP
INTERIOR FOR OIA

E.O. 12958: N/A
TAGS: PGOV PREL FM
SUBJECT: POHNPEI STATE CONCLUDES ITS CONSTITUTIONAL CONVENTION

REF: KOLONIA 47


1. (U) Summary. Pohnpei State concluded its Second
Constitutional Convention after ninety days of deliberations.
Delegates considered fourteen proposed amendments to the state's
twenty-five-year old constitution and approved ten. Voters must
approve the proposals in a subsequent referendum in order for
the amendments to be ratified. End summary.


2. (U) In 2007, Pohnpean voters approved a ballot measure
calling for a constitutional convention. The impetus arose from
strong secessionist sentiment; many Pohnpeians feel that Chuuk
receives a disproportionate share of Compact funds and other
revenue at Pohnpei's expense. Voters chose 29 delegates to the
convention in the March 2009 general elections.


3. (U) The 2007 ballot measure also created a Pre-Convention
Committee to identify the issues to be considered. The
Committee looked at 166 proposed constitutional amendments
before narrowing it down to fourteen.


4. (SBU) Proposals to secede from the FSM, one of the main
issues that drove voters to approve the convention in the first
place, did not make the final cut. The largest municipalities
on the island, Madolehnimw, Kitti and U, each submitted
amendments giving Pohnpei the right to secede. Committee
Chairman Hainrick Stevenson (whose day job is Director of Public
Affairs for Pohnpei State) stated publicly that secession became
an issue after the national legislature decided to pay Chuuk
state's Social Security arrears (reftel) and passed other "bail
out" legislation favoring Chuuk. However, all three of these
proposals failed to pass the first reading. Delegate Ferny
Perman told CDA that "it is not yet time to address the issue
[of secession]."


5. (U) The Convention passed ten proposed amendments that would:

- Provide legal aid to indigent Pohnpeians;
- Give original jurisdiction to the Pohnpei Supreme Court over
all civil and criminal cases;
- Add the following to the Constitution: "If conflicting
constitutional amendments are submitted to the voters at the
same election and are approved, the amendment receiving the
highest number of affirmative votes shall prevail . . ."
- Limit proposed constitutional amendments to one subject only;
- Impose a 180 day minimum time and a 365 day maximum for voters
to ratify a proposed constitutional amendment;
- Require the state government to ask the voters whether they
want to convene a constitutional convention every third general
election (i.e. every four years);
- Require Judges and Justices to accept a percentage reduction
in salary if other government employees must do so;
- Clarify future impeachment proceedings brought against state
officials;
- Require candidates for Governor and Lt. Governor to run on a
single ticket; and
- Make the Public Auditor position an elected position, rather
than a post appointed by the Governor.


6. (U) The proposed amendments are not ratified until they pass
muster with the voters. The date for a referendum has not been
set.


7. (SBU) Conclusion. The national government dodged a bullet
when the Convention refused to consider secession amendments.
Legitimately or not, Pohnpeians definitely think that national
government policies favor Chuuk. However, their resentment
cannot overrule the high cost of separation, i.e. the loss of
Compact funds. When Delegate Perman spoke of a "right time" to
secede, he might have been thinking of a future date when
secession would not be so costly: after the Compact expires in

2023. Once the economic incentives to stay together are
removed, the Federation's wide cultural and linguistic
disparities may lead to a break-up. End conclusion.

DOUGLASS