GIFF JOHNSON
In an unprecedented referendum result, six of seven constitutional amendments received over the 67 percent needed for approval.
In contrast, during multiple past constitutional amendment referenda, only two amendments had been endorsed by a two-thirds majority, with the vast majority failing to gain traction for adoption. The only changes endorsed by voters in the past were to change the references in the Constitution from Government of the Marshall Islands to Republic of the Marshall Islands, and to make the Marshallese language version of the Constitution the controlling document in case of any ambiguity or conflict with the English version.
But in last month’s referendum on seven constitutional amendments, with one of the worst voter turnouts in the history of RMI elections, six of seven of the proposed amendments were endorsed by over 70 percent of those voting.
With only 10 percent of all registered voters turning out, it is obvious that voter apathy toward the amendments was high.
This could be due to two main factors:
- The seven amendments were endorsed by a constitutional convention that wrapped up seven years ago — the lag between the end of the ConCon in 2018 and the holding of a vote in 2025 is also unprecedented compared to past constitutional amendment referenda.
- In December 2017, the ConCon killed the proposal for amending the Constitution to allow direct election of the President. This was arguably the most popular provision under consideration and the removal of it by ConCon delegates did not enhance voters’ interest in turning out to vote last month.
The only one not to gain traction was “Question two” to add an additional Irooj from Mili to the Council of Irooj.
The first constitutional amendment question, to increase the requirements for an alien to qualify for RMI citizenship, received the highest number of votes at 5,541 — but the lowest percentage in favor of the six questions that were approved by over two-thirds of voters. Question one produced a 73 percent in favor.
The highest percentage in support was for Question five, which saw 85 percent of those casting ballots in favor. Question five amendment will require anyone running for Nitijela to be a natural born citizen with a jowi (clan) from their mother or father. It creates two levels of citizenship between natural born and naturalized.
The 5,541 votes cast during the April 25 vote compares to 54,283 Marshallese registered to vote, according to the RMI Electoral Office. This means that only 10 percent of registered voters turned up to vote in the constitutional amendment referendum.
The Journal asked RMI Attorney General Bernard Adiniwin if the two-thirds voting requirement for passage meant two-thirds of all registered voters or two-thirds of those voting in the referendum.
“Our take is that the two-thirds condition is based on those votes validly cast, not two-thirds of the whole list of qualified voters,” Adiniwin told the Journal.
The AG added: “Qualified voter is basically the whole list of registered voters. From that list, voters can validly cast their votes if they so choose.”
The relevant provision in the Constitution regarding how it can be amended, Article XII, Section 4, reads: “Amendments to this Constitution made pursuant to this Section shall be valid for all intents and purposes as part of this Constitution if duly certified by the Speaker as having been submitted to the people by a Constitutional Convention and approved by two-thirds of the votes cast in a referendum of all qualified voters…”