Constitution

Marshall Islands 1979 Constitution (reviewed 1995)

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ARTICLE III. THE COUNCIL OF IROIJ

Section 1. The Council of Iroij

  1. There shall be a Council of Iroij of the Republic of the Marshall Islands.
  2. The Council of Iroij shall consist of 5 eligible persons from districts of the Ralik Chain and 7 eligible persons from districts of the Ratak Chain of the Republic selected as follows:
  3. If, in any district, a person or group of persons becomes recognized, pursuant to the customary law or to any traditional practice, as having rights and obligations analogous to those of Iroijlaplap, that person, or a member of that group nominated by the group, shall be deemed to be eligible to be a member of the Council of Iroij as though he were an Iroijlaplap.
  4. Where in any district, the number of persons eligible to be members of the Council of Iroij is greater than the number of seats to be filled
    1. the term of office of the member or members from that district shall be one calendar year;
    2. before the expiration of any calendar year, the eligible persons in that district shall endeavor to reach agreement among themselves as to which of them shall be the member or members from that district during the next calendar year;
    3. if, by the date of the first meeting of the Council in any calendar year, there has been no such agreement, the Nitijela shall as soon as practicable proceed, by resolution, to appoint one or more of the eligible persons to be the member or members from that district;
    4. the selection of any member, whether by the eligible persons themselves or by the Nitijela, shall take account of the need for a reasonable rotation among the eligible persons in that district, but any member may serve for two or more terms, consecutively or otherwise.
  5. If, in the case of any district, there is for any reason no person eligible to be a member of the Council of Iroij in accordance with paragraphs (2) and (3) of this Section, the Council of Iroij shall as soon as practicable proceed, by resolution, to appoint as a member of the Council a person who, in the opinion of the Council, having regard to the customary law and traditional practice, is qualified by reason of his family ties to a person who, but for that reason, would have been eligible to be a member of the Council from that district.
  6. The term of any member of the Council of Iroij taking office during any calendar year shall be the remainder of that calendar year.
  7. A person shall not be eligible to be a member or the deputy of a member of the Council of Iroij if
    1. he is not a qualified voter; or
    2. he is a member of the Nitijela.
  8. Any question that arises concerning the right of any person to be or to remain a member, or the deputy of a member, of the Council of Iroij, or to exercise the rights of a member, shall be referred to and determined by the High Court.

Section 2. Functions of the Council of Iroij

The Council of Iroij shall have the following functions:

  1. the Council may consider any matter of concern to the Republic of the Marshall Islands, and it may express its opinion thereon to the Cabinet;
  2. the Council may request, in accordance with Section 3 of this Article, the reconsideration of any Bill affecting the customary law, or any traditional practice, or land tenure, or any related matter, which has been adopted on third reading by the Nitijela;
  3. the Council shall have such other functions as may be conferred on it by or pursuant to Act.

Section 3. Requests for Reconsideration of Bills

  1. Subject to paragraph (8) of this Section, the Clerk of the Nitijela shall transmit to the Clerk of the Council of Iroij, for reference to the Council, a copy of every Bill adopted on third reading by the Nitijela.
  2. The Council of Iroij may, within 7 days after the date of such transmittal, adopt a resolution expressing its opinion that a Bill so transmitted to the Council affects the customary law or a traditional practice, or land tenure, or a related matter, and requesting the Nitijela reconsider the Bill, or it may sooner, by writing signed by the Chairman of the Council, record its decision not to adopt any such resolution.
  3. The Clerk of the Council of Iroij shall forthwith transmit to the Clerk of the Nitijela, for reference to the Speaker, a copy of any such resolution or decision, together with any observations on the Bill which the Council may wish to make.
  4. The Speaker may, pursuant to Section 21 of Article IV, certify that a Bill required to be transmitted to the Council of Iroij has been passed by the Nitijela, if he is satisfied that the Council has, in relation to that Bill, adopted no resolution pursuant to paragraph (2) of this Section within the period of 7 days referred to in that paragraph, or has sooner recorded its decision not to adopt any such resolution.
  5. If, in relation to any Bill, the Council of Iroij has adopted a resolution pursuant to paragraph (2) of this Section, the Nitijela may proceed to reconsider the Bill, together with any observations of the Council thereon.
  6. In the course of any such reconsideration, the Speaker may, in consultation with the Chairman of the Council of Iroij, arrange for the holding of a joint conference between members of the Council and members of the Nitijela, for the purpose of endeavoring to reach agreement about the consent of the Bill.
  7. After reconsidering the Bill, the Nitijela may decide not to proceed with the Bill, or may amend the Bill in any manner it thinks fit, or may, by resolution, reaffirm its support for the Bill without amendment.
  8. The provisions of paragraph (1) of this Section shall not apply to an Appropriation Bill or a Supplementary Appropriation Bill or to any Bill which the Nitijela has amended or reaffirmed, pursuant to paragraph (7) of this Section.
  9. The Speaker may, pursuant to Section 21 of Article IV, certify that a Bill to which paragraph (5) of this Section relates has been passed by the Nitijela, if he is satisfied that it has been amended or reaffirmed pursuant to paragraph (7) of this Section.

Section 4. Compensation of Members of the Council of Iroij

The compensation of members of the Council of Iroij shall be specifically prescribed by Act.

Section 5. The Chairman and the Vice-Chairman of the Council of Iroij

  1. The Chairman and the Vice-Chairman of the Council of Iroij shall be the members of the Council elected to those offices by a majority of the members present and voting at a meeting of the Council.
  2. The Council of Iroij shall, by secret ballot, proceed to elect the Chairman and the Vice-Chairman, before the dispatch of any other business, at the first meeting of the Council of Iroij in each calendar year, and shall so proceed to elect a member of the Council to fill any vacancy in the office of Chairman or Vice-Chairman, before the dispatch of any other business, at the first meeting of the Council after the occurrence of the vacancy.
  3. The Chairman or Vice-Chairman may resign his office by writing signed by him, delivered to the Clerk of the Council of Iroij; and each shall vacate his office
    1. on the entry into office of a new Chairman or Vice-Chairman elected when the Council of Iroij first meets in each calendar year; or
    2. if he ceases to be a member of the Council of Iroij; or
    3. if he is removed from office by a resolution of the Council of Iroij carried by not less than two-thirds of the members present and voting at a meeting of the Council.

Section 6. Functions of the Chairman

  1. The Chairman shall preside over any meeting of the Council of Iroij at which he is present and shall have the other functions conferred on him by this Constitution or by or pursuant to Act or to a resolution of the Council.
  2. If the Chairman is not present at any meeting of the Council of Iroij, or, through absence, illness or any other cause, he is unable to perform any other function of his office, or the office of Chairman is vacant, the Vice-Chairman shall preside over that meeting or perform that function until the Chairman is again present at that meeting or able to perform that function.
  3. If, on any occasion, there is neither a Chairman nor a Vice-Chairman who is able to preside over any meeting of the Council of Iroij or perform any other function of the Chairman, then, until the Chairman or the Vice-Chairman is again able to perform that function, it shall be performed by the oldest member of the Council who is available.

Section 7. Procedure of the Council of Iroij

  1. The Council of Iroij shall meet in regular session during any period when the Nitijela is meeting in regular session, and in special session during any period when the Nitijela is meeting in special session, and shall remain in regular or special session, as the case may be, during such period after the date of termination of every session of the Nitijela as may be necessary to permit the Council to adopt a resolution or record its decision in relation to any Bill transmitted to it, pursuant to Section 3 of this Article.
  2. The Council of Iroij shall meet in Special session at any other time fixed by the Chairman of the Council, or by the Clerk of the Council acting at the request of not less than 9 members, and shall remain in such special session until such date as the Council may decide.
  3. Business may be validly transacted at any meeting of the Council of Iroij if the number of members present is not less than 6.
  4. Except as otherwise provided in this Section, the Council of Iroij shall determine its own procedure.

Section 8. Vacancies in the Council of Iroij

  1. The seat of a member of the Council of Iroij shall become vacant if
    1. he dies; or
    2. he resigns his seat by writing under his hand delivered to the Clerk of the Council; or
    3. he ceases to be a qualified voter; or
    4. he becomes a member of the Nitijela.
  2. Any vacancy in the Council of Iroij shall be filled by applying, as nearly as may be, the provisions of Section 1 of this Article.

Section 9. Deputies of Members of the Council of Iroij

  1. A member of the Council of Iroij who is prevented by absence, illness or any other cause from attending any meeting of the Council or of any committee thereof or of any joint committee or joint conference may appoint a person who is qualified by reason of his family ties to that member to be his deputy at that meeting.
  2. If, at any meeting of the Council of Iroij, or of any committee thereof or of any joint committee or joint conference, any member is absent, and is not represented by a deputy appointed by him, or the seat of any member is vacant, the Council of Iroij may, by resolution, appoint a person who, in the opinion of the Council, having regard to the customary law and any traditional practice, is qualified by reason of his family ties to that member to be his deputy at that meeting.
  3. Any deputy of a member may perform the functions and shall have the powers, duties and privileges of that member:Provided that no deputy of a member shall perform the functions of Chairman unless there is no member of the Council available to perform those functions.

Section 10. Privileges of the Council of Iroij and its Members

  1. Neither the Council of Iroij nor any member of the Council shall be subject to any proceeding outside that body, or subjected to any liability, civil or criminal, in relation to the casting of any vote, the making of any statement, the publication of any document or the taking of any other action as part of the official business of the Council of Iroij.
  2. The Council of Iroij shall not be disqualified from the transaction of business by reason only that there is a vacancy among its members, or that, in any case where Section 9 of this Article applies, no appointment of a deputy has been made pursuant to that Section.
  3. Nothing done in the course of the official business of the Council of Iroij shall be questioned on the ground that some person who acted as a member of the Council or the deputy of a member in relation to that matter was not qualified so to act.

Section 11. Clerk of the Council of Iroij

  1. There shall be a Clerk of the Council of Iroij who shall be an officer of the Public Service and shall have the functions conferred on him by this Constitution or by or pursuant to Act or to a resolution of the Council.
  2. The Clerk of the Council of Iroij shall be responsible for arranging the business for and keeping a record of the proceedings of the Council of Iroij.
  3. The Clerk of the Council of Iroij shall perform, with respect to the Chairman and to the other members of the Council such secretarial and other functions as may be required.

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