| Bemerkungen |
Siehe Vorlage 1.
Der Ombudsmann erhält weitreichende Vollmachten bei der Untersuchung von Betrug,
Machtmissbrauch, Korruption, Bestechung und Veruntreuung öffentlicher Gelder.
Er hat ein umfassendes Rechts auf Akteneinsicht und kann jede Person vorladen.
Abstimmungsfrage (marshallesisch und englisch):
"KAJJITŌK 4
KWŌJ KE ERRĀ ILO KŌWEEPPĀN OKTAK KO ÑAN KŌṂṂAN KAKKOBABA ILO
CONSTITUTIONAL CONVENTION EO AN 2017 EO ÑAN UKOT ARTICLE VII, SECTION
3, IKIJJEEN ATTORNEY GENERAL EO IM ARTICLE VII. ÑAN KAKOBAIKI JUON
SECTION 12 KĀĀL. IM ARTICLE XII, SECTION 2(2) IKIJJEEN OMBUDSMAN EO:
Ñan ukōt subsection (3) in Ariticle VII kab kalikkar eddo ko an Ombudsman jān
eddo ko an Opiij Eo An Attorney General (Elmọkot 17D2) im eddeiki juon Section
12 kāāl ilo Article VII, ñan ejaake opiij eo an Ombudsman barāinwōt jerbal im
eddo ko an opiij in, wāween jokāālōte im kōṃakūti, aetokan an jerbal im wōṇāān?
(Elmọkot 18D3)
AET [_] AK JAAB [_]"
"QUESTION 4
DO YOU APPROVE THE 2017 CONSTITUTIONAL AMENDMENTS PERTAINING TO ARTICLE VII,
SECTION 3, THE ATTORNEY GENERAL AND ARTICLE VII, BY ADDING NEW SECTION
12, AND ARTICLE XII, SECTION 2(2), THE OMBUDSMAN:
To amend subsection (3) of Article VII, by transferring the duties between
the Ombudsman to that of the Office of the Attorney General (Proposal 17D2)
and to insert a new Section 12 of Article VII, to provide for the establishment
of an Ombudsman, the duties and responsibilities of such office, the manner
of appointment and removal, tenure and compensation? (Proposal 18D3)
YES [_] OR NO [_]"
Abstimmungstext (nur englisch):
Kap. VII § 3 Abs. 3:
"In addition to the other functions and powers conferred on him by law, the
Attorney-General shall advise on legal matters referred to him by the Cabinet,
the President or a Minister, and shall be responsible for instituting,
conducting or discontinuing any proceedings for an offense alleged to have
been committed, except for proceedings brought by the office of the
Ombudsman relating to fraud, misuse of public funds, misconduct in office,
abuse of office, bribery, corruption, or other ethical conduct contrary to
law by any elected or high officials,
and for seeing to it that the laws are faithfully executed."
Kap. XIV § 1:
"In this Constitution, unless the context otherwise requires:
...
"high officials" means any public officials who, because of his official
status, is under special obligations that an ordinary person is not, and
include any person in position of authority in public statutory or corporate
bodies, entities, authorities who have fiduciary duties with respect to
public property or monies."
Kap. VII § 12 (neu):
"The Ombudsman
(1) The Speaker shall nominate and, with the approval of the Nitijela, signified
by resolution, the President shall appoint an Ombudsman of the Republic of the
Marshall Islands.
(2) The Ombudsman shall hold office during good behavior until he reaches the
age of 72 years, unless, in the case of an Ombudsman who is not a citizen of
the Republic, the Ombudsman has been appointed for a term of one or more years.
(3) The Ombudsman may at any time resign his office by writing signed by him,
addressed to the Speaker; but he shall not be removed or suspended from office
except on the like grounds and in the like manner as a judge of the High Court
or of the Supreme Court.
(4) If the office of Ombudsman is vacant, or it appears that the Ombudsman is
for any reason unable to perform the functions of his office, the Speaker
shall nominate and the President shall appoint an Acting Ombudsman; and the
Acting Ombudsman shall continue to perform those functions until a new Ombudsman
is appointed and assumes office, or, as the case may be, until the Ombudsman is
again able to perform the functions of his office.
(5) A person who has held office as Ombudsman shall not be eligible for
appointment to any other office in the service of the Republic within a period
of 3 years after ceasing to hold the office of Ombudsman.
(6) The Ombudsman must be a person qualified by education, experience, and
character to discharge the functions of the Ombudsman.
(7) The compensation of the Ombudsman shall be specifically prescribed by Act.
(8) In addition to the other duties and powers conferred on him by law, the
Ombudsman shall investigate and may prosecute any fraud, misuse of public funds,
misconduct in office, abuse of office, bribery, corruption, or other ethical
conduct contrary to law by elected or high offficials.
(9) In the course of his investigation, the Ombudsman shall have the following
powers:
(a) to procure and receive all such evidence, written or oral, and to examiner
all such persons as witnesses, as the Ombudsman may think it necessary or
desirable to procure orexamine;
(b) to require the evidence (whether written or oral) of any witness to be
given on oath or affirmation, such oath or affirmation to be that which is
required of the witness if he were giving evidence in a court of law, and to
administer or cause to be administered by an officer authorized in that behalf
by the Ombudsman an oath or affirmation to every such witness;
(c) to summon any person residing in the Republic to give evidence or introduce
any document or other thing in his possession, and to examine him as a witness
or require him to produce any document or other thing in his possession;
(d) notwithstanding any of the provisions of the rules of evidence in force,
to admit any evidence, whether written or oral, which might be inadmissible
in civil or criminal proceedings.
(10) The Ombudsman may exercise his responsibilities under paragraph (8) of
this Section either in person or through officers of the Public Service who
are subordinate to him, acting inaccordance with his general or special
instructions.
(11) The Ombudsman shall report at least once annually to the Nitijela, at its
regular session, on the performance of his functions under this Article.
(12) In the exercise of his functions, the Ombudsman shall not receive any
direction from the President, the Cabinet or from any other authority or person,
but shall act independently."
Kap. XII § 2 Abs. 2:
"Paragraph (1) of this Section shall apply to:
...
(l) the Ombudsman;
(l) (m) the Chief Secretary;
(m) (n) the Attorney-General;
(n) (o) the Secretary of Finance."
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