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Parliament name (generic / translated) Olbiil Era Kelulau / National Congress Structure of parliament Bicameral Chamber name House of Delegates Related chamber (for bicameral parliaments) Senate POLITICAL SYSTEM Type of political regime presidential Notes The Republic of Palau, an island nation in the Pacific, gained independence in 1994. Head of the executive President of the Republic Notes The President is the chief executive of the national Government (Article 8, paragraph 1 of the Constitution). The Vice-President serves as a member of the cabinet and has such other responsibilities as may be assigned by the President. The cabinet consists of the Heads of the major executive departments created by law. Method for appointing the executive The President and Vice-President are elected in a nationwide election (Article 8, paragraph 4 of the Constitution). Cabinet members are appointed by the President with the advice and the consent of the Senate, and serve at the will of the President. Term of office of the executive and coincidence with the term of the legislature The President and Vice-President are elected for a term of four years (Article 8, paragraph 4 of the Constitution). This coincides with the term of the legislature. A person may not serve as President for more than two consecutive terms. Incompatibility of the functions of member of the executive and member of Parliament Yes No person may serve in a legislature and the cabinet at the same time (Article 8, paragraph 5 of the Constitution). Dissolution of Parliament No Circumstances Not applicable Modalities Not applicable ACCOUNTABILITY Accountability of Government to Parliament Yes Government accountability to the parliament is limited to the recall or impeachment of the President or the Vice-President. Modalities of oversight Oral and written questions of parliamentarians Government accountability to the parliament can be brought into play by questions. Government reports to Parliament The President makes an annual report to the Parliament on the progress of his or her administration (Article 8, paragraph 13 of the Constitution). Measures Vote of confidence on Government programs and/or legislative proposals Not applicable Motions of censure and votes of no confidence (sub-report) Circumstances The President and Vice-President may be removed from office by recall (Article 8, paragraph 10 of the Constitution). Modalites A recall is initiated by a resolution adopted by not less than two thirds of the members of the state legislatures in not less than three fourths of the states. Upon receipt by the presiding officers of the state legislatures of the required number of certified resolutions, the parliament establishes a special election board to supervise a nationwide recall referendum to be held in not less than 30 days and not more than 60 days, after receipt of the required number of certified resolutions. Consequences The Vice-President succeeds to the office of President if it becomes vacant. Over the last 11 years (1990-2000), no recall motions have been tabled. Dismissal and/or impeachment of Government and other public officials (sub-report) Circumstances and persons concerned The President, Vice-President and Justices of the Supreme Court may be impeached and removed from office (Article 8, paragraph 9 of the Constitution). Modalites and procedure The persons concerned may be impeached and removed from office for treason, bribery, or other serious crimes by a vote of not less than two thirds of the members of each chamber. Consequences They are removed from office. Over the last 11 years (1990-2000), no impeachment procedure was initiated. Have these procedures been applied? OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION Oversight over the actions of the Government administration Yes Government departments are answerable to the President and not directly to the legislature. However, the parliament has several means at its disposal to exercise oversight over the actions of the administration. Means and modalities of oversight Hearings in Committees Each chamber, with the approval of a majority of its members, may compel the attendance and testimony of witnesses and the production of books and papers before that chamber or its committees (Article 9, paragraph 12 of the Constitution). Committees of inquiry and missions to Government departments The parliament exercises oversight over the actions of the administration through fact-finding missions and by forming investigation committees. Oral and written questions of parliamentarians The parliament can summon information from any department and Government member. A committee may also require such department to submit written answers by a deadline. Questions can lead to the formation of investigation committees, and when a question is brought before both chambers in joint session, a debate may also occur on the merit of the measure. Additional information can be sought if needed, in oral or written form. Role of Parliament in the appointment of senior Government officials Presidential appointments are approved by a vote of not less than two thirds of the members of the Senate (Article 9, paragraph 5 of the Constitution). Activity reports of the Government administration and of public services or establishments Public corporations such as the Palau National Communication Corporation (PNCC) and the Public Utilities Corporation (PUC) are required by law to submit activity reports to the parliament. The parliament also has the power to subpoena any activity reports by public corporations. Representation of Parliament in governing bodies of the Government administration Not applicable Existence of an ombudsman Yes Method for appointing the executive The Ombudsman is appointed by the President. Relationship to Parliament The Ombudsman's duties are strictly limited to complaints about the administration's practices and delivery of services. BUDGETARY OVERSIGHT Consultation of Parliament in the preparation of the national budget No The President has the power to propose the annual budget (Article 8, paragraph 7 of the Constitution). Modalities of oversight Examination of the budget / finance act by Parliament The President submits an annual unified national budget to the parliament for consideration and approval (Article 12, paragraph 3 of the Constitution). The parliament may amend or modify the budget proposal. Except for appropriation bills recommended by the President for immediate passage or to cover the operational expenses of the parliament, no appropriation bill may be enacted by the parliament until a bill appropriating money for the budget has been enacted. Reports on the budget / finance act by Committees The parliament conducts oversight hearings with respect to the budget in committees. Fields overseen Defence budget Not applicable Budget of special departments The parliament exercises oversight over all public funds. Role of Parliament in national development plans Through the legislative process, the parliament appropriates funds for the preparation of national development plans. Legislation is also required for the implementation of national development plans. Parliament's deadline for the examination and adoption of the budget / finance act The President is required to submit a budget proposal to the legislature by 1 April of each year. The fiscal year expires on 30 September, which is why the parliament has to enact the budget before 1 October. Consequences of failure by Parliament to adopt the budget / finance act If the legislature fails to enact a new budget before the current one expires, the law requires the legislature to enact a continuing resolution that maintains the current budget until the new bill becomes law. Budgetary autonomy of Parliament Yes The parliamentary budget is part of the national budget. OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING Evaluation of Government spending Parliament approves Government expenditures annually No Government does not account directly to the legislature but to the public auditor, whose annual report is sent to the parliament. Parliamentary oversight of public companies No The public auditor inspects and audits the accounts for all public legal entities or non-profit organisations that receive public funds. Modalities of oversight Body for auditing the Government's books and method for appointing A public auditor is responsible for auditing Government's books (Article 12, paragraph 2 of the Constitution). The public auditor is appointed by the President for a term of six years, subject to confirmation by the parliament. Reports of the public auditor's office The public auditor inspects and audits accounts in every branch, department, agency or statutory authority of Government. He or she reports the results of inspections and audits to the parliament at least once a year, and has such additional functions and duties as may be prescribed by law. Specialised committee Not applicable OVERSIGHT OVER FOREIGN POLICY Foreign Relations Committee (sub-report) Functions of the Committee Each chamber has a committee responsible for foreign affairs. Powers of the Committee The committees consider bills and resolutions relating to foreign affairs. Composition of the Committee Not available Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad The parliament exercises oversight over foreign policy through bilateral visits and participation in inter-parliamentary conferences. Plenary debates on foreign policy issues Not applicable Involvement of Parliament Participation of Parliament in inter-governmental meetings The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings, but Government approval is required. Modalities and procedures for ratifying international treaties and agreements (sub-report) The President has the power to conduct negotiations with foreign nations and to make treaties (Article 8, paragraph 7 of the Constitution). However, major governmental powers including but not limited to defence, security or foreign affairs may be delegated by treaty, compact or other agreement between the country and another nation or international organisation, provided that such measure is approved by not less than two thirds of the members of each chamber and by a majority of the votes cast in a referendum, or provided that any such agreement which authorises use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare, is approved by not less than three fourths of the votes cast in such referendum (Article 2, paragraph 3 of the Constitution). Other mechanisms for participation in foreign policy by Parliament No other means in addition to the above. OVERSIGHT OVER NATIONAL DEFENCE POLICY National Defence Committee (sub-report) Functions of the Committee Not applicable Powers of the Committee Not applicable Composition of the Committee Not applicable Parliamentary oversight of public arms manufacturing companies Not applicable Circumstances and involvement Modalities and procedures in case of war, an armed attack or a state of emergency The parliament confirms or disapproves the declaration of a state of emergency by the President (Article 9, paragraph 5 of the Constitution). Role of Parliament in sending troops abroad Not applicable Other mechanisms for participation in national defence policy by Parliament As agreed in the terms of the Compact of Free Association, the defence of the Republic is guaranteed by the United States of America. STATE OF EMERGENCY Circumstances Whenever war, external aggression, civil rebellion or natural catastrophe threatens the lives or property of a significant number of people, the President may declare a state of emergency and temporarily assume such legislative powers as may be necessary to afford immediate and specific relief to those lives or property threatened (Article 8, paragraph 14 of the Constitution). At the time of the declaration of a state of emergency, the President calls a meeting of the parliament to confirm or disapprove the state of emergency. The President may not exercise emergency powers for a period of more than 10 days without the express and continuing consent of the parliament. Can parliament take the initiative to declare a state of emergency No Consequences of a state of emergency for Parliament If the President declares a state of emergency and the parliament approves it, he or she may temporarily assume such legislative powers as may be necessary to afford immediate and specific relief to those lives or property threatened. VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS Modalities of oversight Body ruling on the constitutionality of laws The courts Any questions pertaining to the constitutionality of laws are brought to the courts. Means and procedures The courts rule on any questions pertaining to the constitutionality of laws that are brought before them. Courts can invalidate a statute in part or wholly if it is found unconstitutional. Evaluation of laws Yes The standing committee on judiciary and governmental affairs oversees the application of laws. In a case where a law does not apply, it is for the parliament to amend. Measures

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