Marianas Variety

MAJURO — Palau and the Marshall Islands lead 40 nations in the Asia/Pacific region in media freedom, according to a global report issued last week.
Of 197 nations rated globally, Palau ranked number 16 and the Marshall Islands ranked 17, said the Freedom House annual press freedom report. In Asia and the Pacific, Palau and the Marshall Islands ranked number one and two, respectively, with the Federated States of Micronesia coming in at number five.

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Island Times, May 8, 2012 edition

Chief Justice Arthur Ngiraklsong yesterday ruled that Senator Raynold Oilouch did not violate either the Constitution or the Ethics Act by working as legal counsel for Koror State Public Lands Authority and at the same time serving as senator in the Republic.

Ngiraklsong concluded in the 10-page Decision and Order that Oilouch is not a public employee of KSPLA and the contractual agreement does not constitute public employment.
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The chief justice said that the Republic has failed to show that Oilouch’s involvement with KSPLA violates the Constitution or the Ethics Act.

The complaint against Oilouch stemmed from the Republic’s claim that his work for KSPLA violates Article IX, Section 10 of the Constitution which states that one “may not hold any other public office or public employment while a member of the Olbiil Era Kelulau.”

The court concluded that Oilouch’s work for KSPLA as an independent contractor is not public employment and he is not a public employee.

“Oilouch’s work for KSPLA consists of representation in certain civil proceedings involving land disputes. He has no permanent position with the organization, nor is his position provided for by statute. The provision of legal services during litigation further involves a great deal of discretion that distinguishes it from simple employment,” the ruling said.

The Republic also argued that Oilouch violated the Ethics Act, specifically 33 PNC Section 605 (b) and (e).

Section 605 (b) forbids a government employee, including elected officer of the national government, from acquiring “a financial interest in any business or other undertaking which he has reason to believe may be directly affected by official actions to be undertaken by him.”

Section 605 (e) states that no official “may engage in any outside employment or other outside activity that is incompatible with the full and proper discharge of the official’s duties.”

The court said that the government failed to provide any standard by which to determine whether an official’s outside employment is “incompatible” with his official role.

“The Republic simply reiterates its position that money going to KSPLA may also end up in Senator Oilouch’s pocket. The same argument could be made of a myriad of officials who receive some form of government benefits. Such an indirect application of a broad statutory provision, without at least citation to regulations of the Ethics Commission, does not rise to the level of an ethics violation,” the ruling said.

In response, the president said he respects the court decision and explained that the court in its decision makes a distinction between an “employee” and an independent “contractor.”

By this reasoning, he said, the court ruled that the prohibition in Article IX, §10 that a member of the OEK “may not hold any other public employment” does not apply to a member of the OEK when he is retained by contract by a state government or authority to serve as its legal counsel.

“The government will appeal this decision because it believes that “public employment” arises when the service is paid for with public funds. This is to avoid not only a conflict of interest, or appearance thereof, but also to avoid double-dipping,” the president said.

Toribiong said that in the First OEK, the legal counsel issued a legal opinion agreeing with the government that a member of the OEK is prohibited from being paid by the taxpayers as a senator and a lawyer for a state government as the latter would constitute “public employment.”

The president insisted that it is unethical for one who is elected to the OEK to also provide legal work for a public agency or a state government.

Island Times, May 4, 2012 edition
Tourist arrivals in March totaled 9,909, an increase of 31.86 percent compared to the same period of last year.

Statistics released by the Palau Visitors Authority showed there were a total of 7,515 travelers that visited the island in March last year.

As in the previous statistics, Japan, Republic of China and Korea continue to have the most number of travelers to the island.

Japan has a total of 4,186 travelers to Palau in March, followed by ROC with 2,393 and then Korea with 1,163.

Statistics further disclosed the following: 130 came from Australia/New Zealand; 144 from Germany; 127 from Guam; 58 from Hong Kong; 76 from Italy; 52 from Micronesia; 89 from Philippines; 228 from Peoples Republic of China; 120 from Russia; 27 from Switzerland; 39 from United Kingdom; 731 from United States (Mainland); 242 from other European countries and 104 from other nations.

By mode of transportation, the statistics are as follows: 2,500 arrived in March through United Airlines/Continental; 1,796 by China Airlines; 1,036 by Asiana Airlines; 1,262 by Japan Airlines; 863 by TransAsia Airline; 1,485 by Delta Airline; and 967 by Korean Airline.

As of March 31, a total of 31,647 travelers have already visited Palau. This includes 11,161 in January,10,577 in February and 9,909 in March. In the same period of last year, arrivals totaled 25,728, including 9,308 in January, 8,905 in February and 7,515 in March.

Tourist arrivals are expected to further increase this year with the launching of a new airline that will operate flights between Taipei and Palau.

Palau Airways will be launching its inaugural flight from Taipei to Palau on May 6. President Toribiong, with an 11-member delegation, will join the inauguration.

Island Times, May 1, 2012 edition

A total of 29 fishermen from Sarangani Province (southern part of the Philippines) are under custody of the Division of Marine Law Enforcement for alleged illegal fishing within Palau waters.

Patrol Boat HSS Remeliik Executive Officer Earl Benhart on Saturday said the fishermen were caught fishing close to Palau’s Meril Island on April 26.

Following arrest, the fishermen and their boat, FBCA Joan 03, were brought to Marine Law dock.

Asked about what were confiscated from the fishermen aside from the boat, Benhart refused to divulge further information as the investigation is ongoing. He added that a case has yet to be filed against the fishermen.

As charges are being prepared against the arrested fishermen, the Philippine Embassy has sent a representative to the Attorney General’s Office yesterday to gather information.

Ambassador of the Philippines to Palau Ramoncito Mariño disclosed that the embassy was informed by the Ministry of State yesterday about the arrested fishermen.

The Philippine Embassy then contacted the Department of Foreign Affairs so as to contact the fishermen’s employer, identified as Sonny Damicog.

As of this writing, the embassy has not yet received communication from DFA if it has contacted the employer already.

Mariño said the embassy seeks to communicate with the arrested fishermen and is waiting for approval by local authorities.

On another case, Mariño said the embassy is also seeking approval from local authorities to visit the Filipino security guard who is detained at the Koror jail for alleged illegal drug possession.

German Nuñez, security guard for Hanpa Company, was arrested on April 18 after a buy-bust operation. Mariño said the embassy was informed by Hanpa about the arrest two days after.

The embassy is reportedly seeking to talk to Nuñez to provide consular assistance and also retrieve passports that are under his possession. These passports are reportedly owned by those who loaned money from Nuñez.

Island Times, April 27, 2012 edition

With the supplemental budget request for Fiscal Year 2012 pending before the Senate, members of the so-called minority in the upper chamber has demanded from the Executive Branch the submission of a detailed information showing the breakdown of over expenditures in the previous fiscal year.

President Toribiong stated in submitting the supplemental budget request to the Olbiil Era Kelulau that the FY 2011 budget underfunded essential fixed costs, leaving the Executive Branch no choice but to expend more funds than were budgeted.

The minority, including Sen. Tommy Remengesau Jr., Sen. Surangel Whipps Jr., Sen. Camsek Chin, Sen. Hokkons Baules and Sen. Raynold Oilouch, want to know so as the public should also know what activities the funds were spent on.

“As senators, elected public servants, we have a duty to require the president to provide his assertion before we accept it and help him cover up his felonious crime,” the minority said.

Focusing attention on the supposed “fixed cost” rather than actually providing documentation on what funds were spent on is reportedly nothing more than an attempt to confuse people and take the public’s eye off the ball because the president does not want the OEK or the public to know how badly he has mismanaged the public funds.

The minority insists that the public must know what the unauthorized expenditures were spent on.

If the president will not reveal the truth about the mismanagement of public funds, the minority anticipates the OEK to issue subpoena for the financial documents of the Republic to see how the public’s funds were spent beyond the limit set by law.

The minority said that expending more funds than what is authorized and appropriated by the OEK in a particular fiscal year is a felonious crime.

As the president asserts that the unauthorized expenditures were spent on legitimate government needs, the minority also wants to see documents disclosing who and how many people are on the payroll of the national government, how much their individual salaries are, the content of their employment and service contracts, the number and amount of trips taken off island by employees of the executive branch, along with an accounting of travel expenses attributed to the national government, and an accounting of all discretionary expenses of the executive branch.

In an inquiry yesterday with the Sen. Mark Rudimch, chairman of the committee on ways and means and financial matters, he confirmed that the committee is reviewing the supplemental budget requested.

The supplemental budget request was submitted to the OEK on the second week of April.

Asked if the WMFM committee has already received the breakdown of over expenditures, as this was provided in the proposal, to be submitted by the Finance Minister, Rudimch said he has yet to check if such information is with their committee.
With only five months left for this fiscal year and amid questions and concerns over lack of 2010 and 2011 audits and unauthorized expenditures, the 2012 supplemental request will test the resolve of senators and delegates and their principles and loyalties.