ARTICLE 7
Responsibilities of
The Government of Pohnpei

Case annotations:  The tenor of the Pohnpei Constitution is that the government is to be responsible to the people.  That Constitution does not provide for sovereign immunity.Panuelo v. Pohnpei (I), 2 FSM Intrm. 150, 157-59 (Pon. 1986).

Whether article 7 of the Pohnpei Constitution is self-executing, creating substantive rights that individuals can seek to enforce in court of law, will depend upon the intent of the framers, as disclosed within the four corners of the Constitution when the words are given their ordinary meaning, as well as upon the nature of the acts and the goals they are to accomplish.  Panuelo v. Pohnpei, 3 FSM Intrm. 76, 80-81 (Pon. S. Ct. App. 1987).

The government has the power to undertake projects in the areas set forth in article 7 of the Pohnpei Constitution, but the provisions of article 7 are merely directory rather than mandatory.  Panuelo v. Pohnpei, 3 FSM Intrm. 76, 81-82 (Pon. S. Ct. App. 1987).

     Section 1.  Resources and Environment.
     The Governor of Pohnpei shall establish and faithfully execute comprehensive plans for the conservation of natural resources and the protection of the environment.

      Section 2.  Development.
     The Government of Pohnpei shall promote economic development and shall establish and faithfully execute a development plan for Pohnpei.

      Section 3.  Education.
     (1)   The Government of Pohnpei shall provide educational services for the public.  Compulsory education through a grade to be set by statute shall be enforced by law.  Public education of citizens of Pohnpei through a grade as prescribed by statute shall be free of fees.  Any fees imposed for public education shall be limited to the ability to pay.

     (2)   The Government of Pohnpei shall provide for the regulation of educational services.  All public and private educational institutions shall comply with minimum standards of educational achievement which shall be established by the Government of Pohnpei.

     (3)   The Government of Pohnpei shall establish and faithfully execute comprehensive plans for the continual improvement of educational standards and services.

     (4)   The Government of Pohnpei shall establish and maintain a library, museum, and archives.

      Section 4.  Health Services.
     (1)   The Government of Pohnpei shall provide health care services for the public.

     (2)   The Government of Pohnpei shall establish and faithfully execute comprehensive plans for the continual improvement in health care services.

     (3)   The Government of Pohnpei shall provide for the regulation of health care services.

Case annotations:  The provision of article 7, section 4 of the Pohnpei Constitution are not self-executing because they provide general principles or policy directives without providing the means to effectuate them.  Panuelo v. Pohnpei, 3 FSM Intrm. 76, 82 (Pon. S. Ct. App. 1987).

      Section 5.  History and Culture.
     The Government of Pohnpei shall establish and faithfully execute comprehensive plans for the identification, preservation, and administration, for the benefit of the public, of places, artifacts, and information of historical and cultural importance.

      Section 6.  Public Safety.
     (1)   The Government of Pohnpei shall establish and faithfully execute comprehensive plans for continual improvement in the protection of the safety and security of person and property.

     (2)   There shall be a Pohnpei Government agency responsible for maintaining peace and order in times of crisis and natural disaster.

      Section 7.  Delegation of Administration.
     The Government of Pohnpei may delegate to the local government the authority to administer services described in this Article, provided that the Government of Pohnpei retains responsibility for policy and proper administration.

     Section 8.  Skill Development.
     The Pohnpei Government shall have the responsibility to promote the development and evaluation of the skills of workers, as provided by law.

Case annotation:  Whether article 7 of the Pohnpei Constitution is self-executing, creating substantive rights that individuals can seek to enforce in court of law, will depend upon the intent of the framers, as disclosed within the four corners of the Constitution when the words are given their ordinary meaning, as well as upon the nature of the acts and the goals they are to accomplish.  Panuelo v. Pohnpei, 3 FSM Intrm. 76, 80-81 (Pon. S. Ct. App. 1987).

The words of the Pohnpei Constitution are word in common use and are to be understood according to their ordinary meaning.  Panuelo v. Pohnpei, 3 FSM Intrm. 76, 81 (Pon. S. Ct. App. 1987).

The government has the power to undertake projects in the  areas set forth in article 7 of the Pohnpei Constitution, but the provisions of article 7 are merely directory rather than mandatory.  Panuelo v. Pohnpei, 3 FSM Intrm. 76, 81-82 (Pon. S. Ct. App. 1987).
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