ARTICLE X. TRADITIONAL RIGHTS
Section 1. Traditional Rights of Land Tenure Preserved
- Nothing in Article II shall be construed to invalidate the customary law or any traditional practice concerning land tenure or any related matter in any part of the Republic of the Marshall Islands, including, where applicable, the rights and obligations of the Iroijlaplap, Iroijedrik, Alap and Dri Jerbal.
- Without prejudice to the continued application of the customary law pursuant to Section 1 of Article XIII, and subject to the customary law or to any traditional practice in any part of the Republic, it shall not be lawful or competent for any person having any right in any land in the Republic under the customary law or any traditional practice to make any alienation or disposition of that land, whether by way of sale, mortgage, lease, license or otherwise, without the approval of the Iroijlaplap, Iroijedrik, where necessary, Alap and the Senior Dri Jerbal of such land, who shall be deemed to represent all persons having an interest in that land.
- Title to land or any land right in the Republic of the Marshall Islands may be held only by a citizen of the Republic, a corporation wholly owned by citizens of the Republic, the Government of the Republic or a local government, or a public corporation or other statutory authority constituted under the law of the Republic.
- Nothing in this Constitution shall be construed so as to preclude its application to every place within the traditional boundaries of the archipelago of the Marshall Islands.
Section 2. Declaration of the Customary Law
- In the exercise of its legislative functions, it shall be the responsibility of the Nitijela, whenever and to the extent considered appropriate, to declare, by Act, the customary law in the Republic of the Marshall Islands or in any part thereof. The customary law so declared may include any provisions which, in the opinion of the Nitijela, are necessary or desirable to supplement the established rules of customary law or to take account of any traditional practice.
- This Section shall not be construed to authorize the making of any law that would defeat an otherwise valid claim under Article II.
- The Nitijela shall not proceed further than the first reading of any Bill or amendment to a Bill which, in the opinion of the Speaker, makes provision for any declaration pursuant to paragraph (1) of this Section unless a joint committee of the Council of Iroij and the Nitijela has been afforded a reasonable opportunity to make a report on the matters dealt with in that Bill or amendment and any such report has been published.
