Marshall Islands 1979
The Marshall Islands had been part of the Trust Territory of the Pacific Islands, a trusteeship that the United Nations gave to the United States in l947. Under the trusteeship of the TTPI, the Marshall Islands could not alter its political status without agreement from both the United States and the United Nations Security Council. However, the TTPI was being phased out and replaced by a “Compact of Free Association.” During the negotiations to establish the Federated States of Micronesia, the Marshall Islands, wanting independence, convinced the U.S. to negotiate a “Compact” separately with them in part because revenue it would receive from the U.S. would not have to be shared with other districts of the TTI. The “Compact” was fundamental to both independence and the draft of the constitution. The Federated States of Micronesia had drafted, but not ratified a constitution when the locally elected legislature of The Marshall Islands, ignoring the wishes of the U.S. and Congress of Micronesia, enacted legislation to call its own constitutional convention.
Delegates to the convention were chosen from the district legislature and the Marshall Island’s Congress of Micronesia representatives, traditional leaders, and 33 members who were elected from 24 districts. An ad hoc group called “Voice of the Marshall Islands” which opposed the constitution, and separation from the rest of Micronesia did not last.
A single committee on “Convention, Procedures and Jurisdiction” was responsible for drafting the initial language. The draft had to be compatible with not only the “ Compact of Free Association,” but also principles established by the U.S. There was extensive discussion about parliamentary and presidential systems, a weak Bill of Rights, and provisions for easy constitutional amendment. A New Zealand lawyer together with a Harvard University Law Professor, Laurence Tribe, helped with the language of the draft. The entire constitutional convention was broadcast over the radio to the public making it possible for remote areas to learn about the constitution. During the two periods of recess that occurred during the convention, delegates returned to their constituencies to receive public comment. The preparation of the initial draft took 15 months from August 1977 to November 1978 when the 48 delegates to the convention then voted to approve it. After a three month educational campaign, citizens ratified the constitution in a referendum on March 1, 1979. It went into force on May 1, 1979.