Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697803477848.pdf (Marshall Islands)
s Republic of the Marshall Islands Jepilpilin Ke Ejukaan CONSTITUTIONAL CONVENTION (AMENDMENT) (7) ACT 2016 Sponsored by: HON.

SENATOR MICHAEL KABUA Approved: HON.


SPEAKER KENNETH A. KEDI /s/ Constitutional Convention (Amendment) (7) Act 2016 BILL No:45 Index NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS 37TH CONSTITUTIONAL REGULAR SESSION, 2016 s Republic of the Marshall Islands Jepilpilin Ke Ejukaan CONSTITUTIONAL CONVENTION (AMENDMENT) (7) ACT 2016 Index Section CONSTITUTIONAL CONVENTION (AMENDMENT) (7) ACT 2016 Page 1 BILL NO.45 ERROR!

BOOKMARK NOT DEFINED.

§101.

Short title.


.............................................................................................................................. 5 §102.

Amendment.

......................................................................................................................... 5 Effective Date ........................................................................................................................ 7 §103.
l Page3 Constitutional Convention (Amendment) (7) Act 2016 BILL No:45 §101 NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS 37TH CONSTITUTIONAL REGULAR SESSION, 2016 s Republic of the Marshall Islands Jepilpilin Ke Ejukaan CONSTITUTIONAL CONVENTION (AMENDMENT) (7) ACT 2016 A BILL FOR AN ACT to amend Schedule 1 of the Constitutional Convention Act, in order to provide a proposal for the amendment of Articles IX and X of the Constitution.
BE IT ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS §101.

Short title.

This Act may be cited as the Constitutional Convention (Amendment) (7) Act 2016.

§102.

Amendment.

(1) Schedule 1 of the Constitutional Convention Act, 2015 is amended by adding new Proposal 25 and to be inserted after Proposal No.

24 to read as follows: “Proposal No.
SC26 – Article X – Traditional Rights: To include an additional section under Section 2 of Article X of the Constitution of the Republic of the Marshall Islands to include the sea areas as part of customary law and traditional practices in the Republic, to read as follow: (1) Land rights vested in the Government during Japanese administration and the during TTR period including marine areas below the ordinary high water mark, and extending to the sea and seabed of the internal waters of l Page5 BILL No:45 §102 Constitutional Convention (Amendment) (7) Act 2016 (2) (3) the atoll or island, and to the surrounding sea and seabed to a distance of 5 miles from the shores of an atoll or island, which were established during the Japanese Administration and continued thereafter is hereby re-established to the rightful title holders.
Customary law and traditional practices concerning the rights and ownership of natural resources including land, sea and seabed, and airspace to a distance of 5 miles from the high water mark of an atoll or islands shall continued to be exercised and such rights and ownership of the natural resources including marine areas shall be vested in owners of the adjoining land or lands.
The Iroijlaplap or the Iroij (where the case may be) of an atoll or island who owns the exclusive rights to any designated coral reef referred to as restricted zone, known in Marshallese as “Mwo” shall continue to exercise such right(s).

In the event there is more than one Iroijlaplap or Iroij (where the case may be) on an atoll or island, possessory and proprietary rights to this restricted zone shall be governed by local customary law of such atoll.
(4) Where any destruction or damage caused to the land or the sea areas of the atoll or island including the 5 miles, both the local government and national government shall enforce and represent the land owners and the people in a law suit against an alleged or potential defendants.
(5) shall from share the benefits The landowners, the local government and the national the government exploitation or development of the natural resources including the marine resources, the seabed and airspace to a distance of 5 miles from the high water mark of an atoll or islands, and shall apportion to a ratio of 90 percent for the landowners, and 10 percent to be equally shared between the local government, and the national government.
Page6 r Constitutional Convention (Amendment) (7) Act 2016 BILL No:45 §103 (2) Schedule 1 of the Constitutional Convention Act, 2015 is further amended by adding new Proposal 26 and to be inserted after Proposal No.
25 to read as follows: Section (2)(1) of Article IX – Local Government is amended to extend the local government jurisdiction to 12 miles, (2) The system of local government shall in each case extend to the sea and the seabed of the internal waters of the atoll or island and to the surrounding sea and seabed to a distance of 12 miles from the baseline 5 miles from which the territorial sea of that atoll or island is measured as rights and ownership of traditional owners.

§103.
§103.

Effective Date This Act shall take effect on the date of certification in accordance with Article IV, Section 21 of the Constitution.
l Page7 Constitutional Convention (Amendment) (7) Act 2016 BILL No:45 NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS 37TH CONSTITUTIONAL REGULAR SESSION, 2016 CONSTITUTIONAL CONVENTION (AMENDMENT) (7) ACT 2016 BILL SUMMARY This Bill proposes to amend Schedule 1 of the Constitutional Convention Act, 2015, by inserting additional proposals under the Schedule.

Proposal No.
Proposal No.

SC25 seeks to extend the rights and ownership of natural resources such as land, marine areas including seabed, and airspace to traditional owners whose land is adjoining to a distance of 5 miles from the high water mark.
The rights to use and exploit, to the exclusion of all others of particular marine areas, including the submerge land from the high water mark to the frindge reefs and beyond to a distance of 5 mile, stems from the traditional practice of Mwo, and generally marine resources is consider “Mour wot lejot” in the Marshallese custom, which is considered very significant.
Any destruction or damage caused to the land or the sea areas of the atoll or island including the 5 miles, both the local government and national government shall enforce and represent the land owners and the people in a law suit against an alleged or potential defendants.
The landowners, the local government and the national government shall share the benefits in the development of natural resources to a ratio of 90 percent, 5 percent, and 5 percent to the landowners, local government and national government, respetively.

Proposal SC26 intend to amend the local government jurisdiction to 12 miles starting from 5 miles jurisdiction owned by traditional landowners.
l Page9 Constitutional Convention (Amendment) (7) Act 2016 NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS 37TH CONSTITUTIONAL REGULAR SESSION, 2016 CONSTITUTIONAL CONVENTION (AMENDMENT) (7) ACT 2016 SIGNATURES 1 2 3 Page10 r Constitutional Convention (Amendment) (7) Act 2016 1 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

MICHAEL KABUA_ ___/S/__ 2 DATE: _AUG.19, 2016_ INTRODUCED BY _MIN.
ALFRED ALFRED JR_ ___/S/__ 3 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

CHRISTOPHER LOAK_ ___/S/__ 4 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

TONY AISEIA_ ___/S/__ 5 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

JERAKOJ BEJANG_ ___/S/__ 6 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

DAVID KABUA_ ___/S/__ 7 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

JACK J ADING_ ___/S/__ 8 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

BRUCE BILIMON_ ___/S/__ 9 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.
DENNIS MOMOTARO_ ___/S/__ 10 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

CASTEN NEMRA_ ___/S/__ l Page11 1 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

DAVID PAUL_ ___/S/__ Constitutional Convention (Amendment) (7) Act 2016 2 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

ATBI RIKLON_ ___/S/__ 3 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

KESSAI NOTE_ ___/S/__ 4 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

SHERWOOD TIBON_ ___/S/__ 5 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.
DAISY MOMOTARO_ ___/S/__ 6 DATE: _AUG.19, 2016_ INTRODUCED BY _SEN.

ALVIN JACKLICK_ ___/S/__ 7 DATE: _AUG.19, 2016_ INTRODUCED BY _MIN.

TONY MULLER_ ___/S/__ 8 DATE: _AUG.19, 2016_ INTRODUCED BY _MIN.

AMENTA MATTHEW_ ___/S/__ 9 DATE: _AUG.19, 2016_ INTRODUCED BY _MIN KALANI KANEKO_ ___/S/__ 10 DATE: _AUG.19, 2016_ INTRODUCED BY _VSPEAKER ANTON JEJWARICK___/S/__ Page12 r Constitutional Convention (Amendment) (7) Act 2016 DATE: _AUG.19, 2016_ INTRODUCED BY _MIN.MATTLAN ZACKHRAS____/S/__ 1 2 l Page13