Volume 8 Number 2 - College of Micronesia

FSM, China sign economic accord - Page 3
Peace Unity Liberty
AN OFFICIAL PUBLICATION FOR THE PEOPLE AND STATES OF THE FEDERATED STATES OF MICRONESIA^
-Volume IX
Kolonia, Pohnpei, March 15, 1987
Number 2
Ismael ahead in Kosrae; Killion wins
in Truk; Falcam leads by 15 votes
KOLONIA, Pohnpei - Two incumbent FSM Congress at-large members
apparently lost their reelection bids and
Postmaster General Leo Falcam was
winning in Pohnpei by 15 votes over
Vice President Bailey Olter in the
March 3 final unofficial vote counts reported by state election officials.
The next President and Vice President will be elected from among the
four at-large senators with four-year
terms by the Fifth FSM Congress after it convenes here May 11.
Tosiwo Nakayama of Truk, who
BAILEY OLTER VOTES - FSM Vice
President Bailey Oiter is casting his
vote March 3 in the Mokil ballot box at
the Kolonia Town Building. Olter, trailing by 15 votes, said he plans to seek a
recount.
served as the first FSM President during the past eight years, will step
down when a new chief executive is inaugurated in May.
Congress Floor Leader John Haglelgam, who ran unopposed in Yap, is
the only incumbent at-large senator
scheduled to retain his seat in the Fifth
Congress.
Former FSM Senator Hiroshi Ismael apparently defeated Congress
Vice Speaker Joab Sigrah in Kosrae in
a rematch of their race in 1983 when
Ismael gave up a two-year seat to unsuccessfully challenge the at-large incumbent. Ismael received 715 votes;
Sigrah, 654; former State Senator Donald Jonah, 440, and former State Senator Akira Tosie, 410.
FormerStateResources andDevelopment Director Redley Killion was the
apparent winner in Truk with 9,329 or
51 per cent of the votes to 8,980 or 49
per cent for incumbent at-large Senator
Koichi Sana.
The Vice President said March 10
that he intends to challenge the voting
and counting procedures in Pohnpei
where Falcam received 4,043 votes; Olter, 4,028, and Congress Speaker Bethwel Henry, 1,959.
The candidates have two weeks, or
until March 17 to file challenges,
according to Heinrick A. Stevenson,
(Continued on Page 2)
FALCAM CASTS BALLOT - FSM Postmaster General Leo A. Falcam is casting his ballot March 3 at the Awak Elementary School, U Municipality. He
was leading by 15 votes in the Pohnpei
at-large Congress seat race.
Inside.
FSM, Ml exchange notes
(See story on Page 8)
FSMDB bill vetoed
(See story on Page 4)
Capitol site danger seen
(See story on Page 7)
V__________
THE NATIONAL UNION. March 15. 1987. Page 2
Siron defeats Setik, Halbert wins Henry's seat
(Continued from Page 1)
National Election Commissioner for
Pohnpei.
The election commissioner would be
the first to rule on a challenge and his
decision could be appealed to the FSM
Supreme Court, Stevenson said.
Olter was elected to the at-large seat
in 1979 and 1983 and was succeeded
by Pedro Harris in a special election
held after he became the second Vice
President in 1983. Sana succeeded
Nakayama for the at-large seat in 1979
and 1983 special elections.
Senator Raymond Setik of Truk was
the only incumbent to lose his reelection bid for a two-year seat. Presidential Special Assistant Nishima Siron was the apparent winner in District
1 with 1,362 votes to 1,305 for Walter
Tim and 1,294 for Setik.
In Truk's District 2, incumbent it
was Senator Nick Bossy, 1,794, and
former FSM Senator Sasao Gouland,
1,677; District 3, incumbent Senator
Jack Fritz, 2,826, and former State
Senator Simiran Sipenuk, 1,874;
District 4, incumbent Senator Kalisto
Voting by Congress District
At-LargeSeat
Pohnpei
Two-YearSeat
Amendment
District 1-Kolonia. Sokehs, Southern Islands
Bailey Olter, 1 ,71 7
Annes Lebehn, 1 ,443
Bethwel Henry , 1 , 1 67
Leo Falcam, 434
District 2-Madolenihmw. Kitti
Olter, 1,305
Henry, 359
Dohsis Halbert, 1 ,653
Koffer Sos, 1 42
Elias Thomas, 1,812
Albert Augustine, 1,388
Yes, 1,196
No, 1,892
Yes, 1,8 12
No, 2,625
Falcam, 1,673
District 3-U.Nett. Pinaelao Mokil
Olter, 968
Peter Christian, 1,470
Oliver Joseph, 1,097
Kikuo Apis, 743
Totals
Henry, 422
Falcam, 1 ,901
Overseas, off island
Oltnr *^fl
-
-4,028
Henry, 11 ———————— —1 ,959
Falcam, 35 ————————— 4,043
Yes,1,117
No, 2,622
Yes, 4,1 25
Nd,7,139
Truk
District 1-Mortlock Islands
Koichi Sana, 2,672
Nishima Siron, 1,362
Redley Killion, 1,189
Raymond Setik, 1 ,294
Yes, 1,572
No, 2,205
Walter Tim, 1,305
pistrict 2-Moen
Sana, 1,449
Killion, 2,019
District 3-Dublon. Fefan
Nick Bossy, 1 ,794
Sasao Gouland, 1 ,677
Yes, 1 ,331
No, 1,992
Sana, 2,115
Jack Fritz, 2,826
Simiran Sipenuk, 1 ,874
Yes, 1 ,498
No, 3,004
Killion, 2,549
Pistrict 4-Faichuk
Sana, 1 ,966
Kalisto Refalopei, 2,620
Killion, 2,863
Switer Eter, 2,285
District 5-Halls. Western Islands
Sana, 778
Tony Otto, 1,065
Killion, 709
JounUruo, 413
Totals
Sana, 8,980
Killion, 9,829
Yes, 1,535
No, 3,131
Yes, 682
No, 772
Yes, 6,618
No, 11,104
Kosrae
Hiroshi Ismael, 715
Joab Sigrah, 654
Donald Jonah, 440
AkiraTosie, 410
Claude Phillip, 933
Simion Sigrah, 747
Luey Luey, 353
RisonWakuk, 148
Yes, 1 ,040
No, 1,016
Kiupu Palik, 35
Yap Proper
John Haglelgam,
Isaac Figir,
Yes, 201 ; No, 820
Ismael
Killion
Refalopei, 2,620, and Switer Eter,
2,285, and District 5, incumbent Senator Tony Otto, 1,065, and John Uruo,
413
Incumbent Senator Isaac Figir ran
unopposed for the two-year seat in
Yap.
For the Pohnpei
District 1 seat being abandoned by
Henry, State Supreme Court Chief
Clerk Dohsis H.
Halbert had 1,653
votes; State Senator Annes Lebehn, 1,443, and
Koffer Sos, 142.
Haglelgam
In District 2, incumbent Senator Elias
Thomas had 1,812 and Albert Augustine, 1,388. In District 3, it was incumbent Senator Peter Christian,
1,470; Oliver Joseph, 1,097, and Kikuo Apis, 743.
In Kosrae, incumbent Senator
Claude Phillip apparently retained his
two-year seat with 933 votes, while
Simion Sigrah had 747; former State
Senator Luey Luey, 353; former State
Senator Rison Wakuk, 148, and
Kiupu Palik, 35.
A proposed amendment to the FSM
Constitutition to provide four-year
terms for all 14 senators was defeated
in three of the four states. The 10 districted members are limited to two-year
terms.
In Kosrae, the vote was 1,040 for
and 1,016 against the amendment;
Pohnpei, 4,125 for and 7,139 against;
Truk, 6,618 for and 11,104 against,
and Yap, 201 for and 820 against,
with the outer islands votes remaining
to be counted. The unofficial totals
are 11,984, Yes, and 20,079, No, or almost two to one against the measure.
THE NATIONAL UNION. March 15. 1987. Page 3
President returns from China, accord signed
KOLONIA, Pohnpei - President Tosiwo Nakayama returned March 5 to
Pohnpei, after leading a delegation of
FSM state and national government officials on a visit to the People's Republic of China which included signing an
economic cooperation agreement between the two governments.
The delegation, which included the
President, Pohnpei Gov. Resio Moses,
Yap Gov. Petrus Tun, Pohnpei Legislature Speaker Ambros Senda, Kosrae
Lt. Gov. Moses Mackwelung, Truk
Lt. Gov. Robert Mori, FSM External
Affairs Deputy Secretary Asterio Takesy, President's Special Assistant leske
lehsi, Truk governor's Special Assistant Hans Wiliander and Washington,
D.C., attorney Barry Israel, arrived
Feb. 16 in Beijing, the capital of
China.
Takesy and Xu Zhaolong, Vice
Chairman and President of the China
International Trust and Investment
Corp., the ministerial-level Chinese
government foreign investment agency, signed Feb. 20 in Beijing a memorandum of understanding which provides that the CITIC will "assist the
FSM in development in the areas of
power generation, canneries and fisheries, textile production, kitchen cabinet production and tourist-related projects," according to a Feb. 27 press release issued by the FSM delegation.
The MOU concluded that "both sides
are confident that this is the beginning
of a lasting and fruitful relationship
which will promote friendship and
understanding, benefiting both our
peoples," the release said.
The delegation visited China by
special invitation of Rong Yiren,
CITIC Chairman and Vice Chairman
of China's National People's Congress.
It was the first visit by an FSM presidential delegation to China and the
first by a high-level FSM group to
begin the process of establishing economic and diplomatic ties with other
nations, since the Compact of Free
Association was implemented Nov. 3,
ending 40 years of U.S. trusteeship administration of the Federated States.
The visit culminated about three
CHINESE VICE PRESIDENT WELCOMES FSM PRESIDENT- People's Republic of
China Vice President Ulan Fu, second from right, is officially welcoming FSM President Nakayama and his delegation to Beijing on Feb. 20 in the Great Hall of the
People. From left are Pohnpei Gov. Resio Moses, FSM External Affairs Deputy
Secretary Asterio Takesy, Nakayama, Ulan Fu and Xu Zhaolong, Vice Chairman
and President of the China International Trust and Investment Corp. (CITIC).
years of contact between China and the
FSM on possible joint economic development and trade relations which included two trips to China by Takesy in
1985 and 1986 and a two-week trip in
1986 to the four FSM states by Yao
Wei and Mrs. Xu Weiyun of CITIC
and Chinese wood, power and fisheries
experts.
In addition, Wiliander, a former Truk
state lieutenant governor, spent one
month in China in 1975.
The FSM delegation was greeted on
its arrival in Beijing by the CITIC
President and were welcomed with a
banquet that evening in the Great Hall
of the People hosted by Rong Yiren
and attended by Deputy Foreign Affairs
Minister Zhu Gizhen.
The President and his delegation resided in Beijing in the Diaoyutai State
Guest House complex which is reserved for foreign heads of state and, during
the week spent there, discussed future
political and economic ties with the
Deputy Foreign Affairs Minister;
Xiang Zhongyang, Deputy Agriculture, Livestock and Fisheries Minister;
Wu Wenying, Textiles Minister;
Zhang Haoruo, Deputy Foreign Economic Relations and Trade Minister, and
Shi Dazhen, Water Conservancy and
Power Minister.
People's Republic of China Vice
President Ulan Fu officially welcomed
Nakayama and his delegation on Feb.
20 in the Great Hall of the People, citing a good beginning in further relations between the Chinese and Micronesian peoples and repeatedly inviting the President to return to China.
The governors hosted a dinner Feb.
19 for the CITIC staff and the President hosted a return banquet Feb. 20
in the State Guest House for their
hosts Rong Yiren and Xu Zhaolong
and the ministeries whom they met
with.
During their stay in Beijing, besides
on-site tours of canneries, textile factories and wood processing and power
plants, the FSM delegation visited historic and cultural sites such as the
Mausoleum of Chairman Mao Zedong,
the Temple of Heaven, the Forbidden
City and the Ming Tombs, and attended several music events.
After leaving the capital on Feb. 21,
the FSM delegation, accompanied by
CITIC and Foreign Affairs Ministry representatives travelled to Xian, Shanghai, Guangzhou (Canton), the Shenzhen Special Economic Zone and
Hong Kong, before arriving March 2
in Guam.
At each location, the President was
received by local leaders and discussed
economic and trade relations, in addition to touring factories, farms and the
countryside and visiting cultural and
historical locations with the delegation.
THE N&TIONALL UNION. March 15. 1987.
Page 4
FSMDB seeks funds for development loans
KOLONIA, Pohnpei - With a loan portfolio of more than $4.5 million, the FSM
Development Bank exhausted most of its
loan funds and is seeking the release of $3
million in Compact of Free Association
funds for development loans, according to
FSMDB President Manny Mod.
The bank is scheduled to take on an expanded role in economic development under
the Compact, Mori said, as it was designated during the Ninth FSM Chief Executives Conference here in December to administer the Investment Development Fund
economic development loans and grants.
The IDF was added to the Compact by
the U.S. Congress in 1985 to compensate
for its removing tax and trade provisions
which were negotiated by the FSM.
The
IDF will include appropriations of $8 million through the first three years of the
Compact and $12 million after the third
year to encourage U.S. private investment
in the FSM.
The FSM Congress must enact enabling
legislation to govern the use of IDF funds
attracting U.S.
investments, Mori said.
In order to administer the IDF funds,
Mori said that he is planning to double the
FSMDB staff from the present 26 authorized positions with six vacant posts to 50
or more, including two additional slots in
the headquarters here which has eight employees. The Pohnpei and Truk offices
now have four employees each and the Yap
and Kosrae offices, two employees each.
The Board of Directors also has two
vacancies with the resignations in January
of Redley Killion of Truk, who ran successfully for the at-large FSM Congress seat in
the March 3 elections that state, and Nena
Nithan of Kosrae.
The three remaining members are James
Lukan of Yap, chairman; Herman Semes,
Pohnpei, and Al Tuuth, FSM.
Four members are required for a quorum.
The directors lowered the bank's maximum interest rate from 12 per cent to 5 per
cent in December, Mori said, because a bill
to lower the rate was pending in the FSM
Congress which approved it during a special session in January.
President Tosiwo Nakayama called for
further study of the interest rate and interest
moratorium provisions in the bill in a
March 5 veto message.
In addition, "we are asking the state governments to give us part of their develop-
ment loan funds for administration by the
bank," Mori said.
"We want the states to fund cottage in-
FSMDB interest rate bill vetoed
KOLONIA, Pohnpei - The President
and Vice President completed action
March 5-6 on legislation passed during
the Jan. 10-24 Fourth Congress Fourth
Special Session by approving seven
bills and vetoing one measure which
would set a 5 per cent interest ceiling
and other conditions for loans made by
the FSM Development Bank.
A March 5 veto message to Speaker
Bethwel Henry sent by TELEX from
President Tosiwo Nakayama who was in
Guam on his return trip from mainland
China said, "I am vetoing the bill, not
on policy grounds but because I feel the
matter merits further examination and
evaluation.
"There are compelling reasons for and
against the bill that could have decisive
effect on the bank," the President said.
"With this message, I am inviting Congress to work closely with the executive
branch to formulate a consensus measure
that would adequately safeguard what the
bill intends."
The Vice President signed the brief
note to the Speaker, returning the measure, Congress Bill 4-368, on March 5
when he also signed into law:
Public Law 4-99, decreasing the maximum amount of indemnification to the
University of Hawaii for medical malpractice; PL 4-100, amending public
projects bidding requirments, and PL 4101. establishing an FSM Airline Corp.
The President, on returning March 6
to his office, signed into law: PL 4102. requiring licensing of pharmacists;
PL 4-103, authorizing promulgation of
regulations for aid to non-public
schools; PL 4-104, giving the External
Affairs Department regulatory authority,
and PL 4-105, adopting provisions for
diplomatic immunity and other
requirements for foreign missions in the
FSM.
dustries, while we fund small and medium
industries," he said.
"We are in the process of negotiating
with the states, but nothing is finalized,"
Mori said, adding that the states would save
on the administration of small loans by
turning them over to the FSMDB which
has the mechanisms to administer and collect repayment of loans.
The bank exhausted its available loan
funds during fiscal 1986 and has had little
loan activity since Sept. 30, according to
Mori who said that he had 168 pending
loan applications from the four states totaling $6,413,031 through Aug. 30.
It is operating on interest revenues, having received no operating funds for fiscal
1987 from the FSM Congress which provided $425,235 in operating funds for fiscal
years 1981-86, he said.
"Our average monthly collections are approximately $30,000," Mori said, adding
that "from this we are able to continue to
make small loans.
"We have used up most of the loan
funds, except for $750,000 from the EDLF
(Trust Territory Economic Development
Loan Fund) which was invested, based on
our manual of administration, through Merrill Lynch Securities Trust Fund in Honolulu in secured instruments such as bonds,"
he said.
The transfer of EDLF funds to the FSM
bank began in fisc-il 1983 and was completed in fiscal 1985.
It included $586,279
in "Old EDLF" loan accounts granted by
the Trust Territory government and transferred to the FSMDB for servicing and
collection; $3,033,826 in "New
EDLF
funds" for the FSM share of the fund, and
$663,072 in operating funds for a total of
$4,283,177, according to Mori.
In addition to the old and new EDLF
funds, the FSMDB loan portfolio includes
a total of $651,510 in development loan
funds provided by the FSM Congress in fis-
cal 1981,
1985 and 1986 and $230,500
from the Pohnpei State Revolving Loan
Fund, which is part of economic development assistance provided to the state by the
Congress, for a total of 195 loans totalling
$4,522,295 as of Feb. 28.
The 142 loans totalling $3,936,016 approved by the FSMDB through Feb. 28
include by industry 43 in agriculture totaling $363,676; 13 in fishing totalling
$106,700; 22 in manufacturing totalling
$543,500; 25 in real estate totalling
$2,165,235, and 39 in commercial enterprises totalling $756,905.
THE NATIONAL UNION. March 15. 1987. Page 5
Governors back Health Plan
KOLONIA, Pohnpei - The FSM President and governors adopted resolutions
approving an agreement to continue the
U.S. Peace Corps program in the FSM
and the proposed National Health Care
Plan, during the Ninth Chief Executives
Conference held Dec. 15-20 and 10th
CEC held Jan. 26-29 in Pohnpei.
The resolutions adopted by the ninth
conference, include:
CEC Res. 9-1, approving a direct
agreement negotiated between the FSM
and Peace Corps to continue the program, which began in 1966 in Micronesia, under the Compact of Free Association which was implemented Nov.
3.
CEC Res. 9-2, requesting that the
FSM Congress take all possible steps to
coordinate its appropriations activities
with the state and national development
plans.
CEC Res. 9-3, requesting the President to expeditiously conclude and the
FSM Congress to ratify agreements
with the U.S. government to extend its
pact grant assistance by the state and national governments to include the IDF
division agreement and an agreement to
compensate the state for costs incurred
FSM to help develop its private sector.
CEC Res. 9-4, urging the governors
to submit by Dec. 30 to the President
names for nomination to the Investment
Development Fund Board of Advisors
for confirmation during the Congress
special session in January; agreeing to
under their Joint Law Enforcement
Agreements.
During their 10th conference, the
chief executives adopted:
CEC Res. 10-1, approving the proposed National Health Health Care Plan
which would establish a mandatory
health insurance program for all FSM
residents with payroll deductions for
health insurance premiums. The plan,
which is subject to FSM Congress approval, was developed over a three-andone-half-year period to maintain present
health care levels without increasing the
cost to the state and national governments.
Sitting as the Federated Development
Authority Board of Directors, the President and governors adopted a resolution
endorsing the selection by Finance Secretary Al Tuuth of Merrill Lynch as the
lead manager and First Boston and Solomon Brothers as co-managers for possible bond issuance against Compact
funds.
The chief executives endorsed a proposed retirement plan which would supplement state and national government
employees' Social Security benefits.
The retirement plan was transmitted by
the President to the FSM Congress
allocating 50 per cent of the IDF funds
equally among the states and 50 per cent
which has not acted on it.
The chief executives also agreed to
to a central reserve for large-scale projects; agreeing to the national Finance
Secretary managing IDF investments and
the FSM Development Bank administering the program, and agreeing that the
national government will complete by
May a plan for utilizing the fund and
measuring the adverse impacts of U.S.
congressional tax and trade amendments
to the Compact
(The IDF was added to the Compact
by the U.S. Congress in 1985 to compensate for its removing tax and trade
provisions which were negotiated by the
Amendment No. 2 of the MOU on
Compact funds division to divide the annual post-secondary education grant of
$1.59 million by allocating 26.43 per
cent to Truk, 18.51 per cent to Pohnpei,
10.31 per cent to Yap, 8.25 per cent to
Kosrae and 36.50 per cent to the national government for the first year of the
Compact period.
The national government may allocate
up to $200,000 of its share to the
National Student Revolving Loan Fund
during the first year with the remainder
to be dedicated to loans and grants to
FSM. It includes an appropriation of $8
qualified FSM students attending the
million through the first three years of
the Compact and S12 million after the
third year to encourage U.S. private investment in the FSM.)
CEC Res. 9-5, approving Amendment No. 1 to the 1984 Memorandum
of Understanding on division of Com-
College of Micronesia or any successor
institution.
Division of the post-secondary
education grants received during the second and subsequent years is to be
determined by mutual agreement at a
later date.
Overseas Private Investment Corp.
(OPIC) services and programs to the
Summit for COM
funding planned
(Continued from Page 8)
Micronesian Occupational College facilit-
ies in Palau, in addition to seeking continued U.S. Interior Department grants for
COM operations and continued U.S. postsecondary financial assistance, including
loan programs.
Palau agreed to dedicate all of its 1988
Interior grant, which is expected to be
some $300,000, to COM, in addition to its
share of board expenses, and provide additional funding, after its Compact of Free
Association with the United States takes
effect.
The Marshall Islands and FSM representatives advanced proposedformulas forfunding the COM system which are to be reviewed by the three governments, prior to
the next pre-summit meeting.
The COM Regents requested a summit
of Micronesian presidents on future funding
for the system to replace U.S. student assistance funding under the Basic Education
Opportunities (Pell) Grants, Supplemental
Education Opportunities Grants and College Work-Study program which are scheduled to be phased out under the Compacts.
In addition to CCM, MOC and the
Nursing School, the COM system includes
Continuing Education Centers in the Marshalls, Palau and four FSM states; the College of Tropical Agriculture & Sciences in
Pohnpei which administers Land Grantsponsored cooperative extension, research
and resident instruction programs, and the
COM Central Office in Pohnpei. There
were 1,285 students enrolled in the system
at the beginning of the 1986 Fall Semester.
COM received a $1,522,000 grant from
Interior for fiscal 1987 and received about
$2 million from the Pell grants during
fiscal 1986. Pell grants will continue only
for those Marshallese and FSM students
enrolled in college programs prior to the
Compact starting dates.
Other members of the delegations to the
pre-summit meeting were: Assistant Education Secretary Jim Bogden, Secondary and
Post-secondary Education Chief Tony Jetnil
and Assistant to the Chief Secretary Peter
Oliver from the Marshalls; Post-secondary
Education Chief Steve Umetaro and
Foreign Affairs Chief Vie Uherbelau, Palau, and Education Administrator Daro Weital, Status Commission Legal Counsel
Greg Swartz and Congress Chief Counsel
Gary Takeuchi, FSM.
COM was represented at the meeting in
the Ala Moana Building by Board of Regents Rector Alfred Capelle of the Marshalls and Vice Rector Damian Son] of
Pohnpei, Executive Director Singeru Singeo and legal counsel Barrie Michelsen.
THE NATIONAL UNION. March 15. 1987. Page 6
Court says defendant must know plea terms
KOLONIA, Pohnpei - The FSM Supreme Court Appellate Division ruled that
a criminal case defendant may withdraw a
guilty plea, if the conditions of a plea agreement were not fixed and fully explained
prior to sentencing by the Trial Division.
In a Feb. 6 opinion signed by FSM Associate Justice Richard Benson and two
designated justices, including Palau Supreme Court Chief Justice Mamoru Nakamura and Northern Marianas Commonwealth Court Judge Herbert D. Soil, the
Appellate Division remanded to the Trial
Division the July 11, 1984, assault with a
deadly weapon conviction of Andonio
Dores in a Feb. 15, 1984, knife attack on
Herlino Makaya in Madolenihmw Municipality, Pohnpei.
Dores is serving a sentence to five years
in the Pohnpei State Prison which began
Jan. 28, 1985, with two months and six
days credit for time served awaiting sentence for the assault conviction. He is
scheduled to begin at the end of the assault
sentence, or Nov. 21, 1989, a 10-year sentence for manslaughter in the May 31,
1984, death of Ruben David in Madolenihmw.
Dores was accused of assault with a
deadly weapon and aggravated assault on
Herlino and lowana Makaya and entered a
written plea agreement of guilty of assault
FSM Supreme Court Calender
TRIAL DIVISION-STATE OF POHNPEI
Date/Time
Case name
Type
Proceeding
March 23, 9 a.m.
Michelsen v. FSM
Falcam v. FSM
FSM v. Thomsin
Foreign investment
Contract breach
Burglary
Assault with deadly
weapon (AWDW)
Pre trial
Pretial
Arraignment
FSM v. Ringang
March 24, 9a.m.
Nanpei Estate
March 25, 9a.m.
Sets v. Pohnpei State
March 26, 9a.m.
FSM v. Ocean Pearl!
9:30 a.m Rampv. Mid-Pac
2p.m.
FSM v. Ezra
March 27
FSM v. Johnny
9a.m.
FSM v. Rodriquez
FSM v. Mauricio
Debt
Trial
Debt
Fishing violation
Trial
Damages
Hearing
Sentencing
Pre trial
Sentencing
Sentencing
Arraignment &
Pretrial
Trial
Sentencing
Trial
Trial
Pretrial
Pretrial
Sentencing
Trial
Trial
Hearing
Trial
AWDW
AWDW
AWDW
AWDW
March 30, 8:30 a.m FSM v. Smith
Burglary
9a.m.
April 2, 9a.m.
PT&S v. FSCO
FSM v. Gallen
Aprils, 9a.m.
FSM v. Smith
FSMv. Johnny
Damages
Burglary
Burglary
April 13,9a.m.
FSM v. Aron
FSM v. loanis
April 14,9a.m.
April 15,9a.m.
April 16,9a.m.
April 28, 9a.m.
FSM v. Walder
May5, 9a.m.
Trial
FSM Development Bank v.
FSM v. Aron
FSMv. loanis
FSM v. Kalio
PT&S v. Aquilizan
AWDW
Burglary
Burglary
Theft
Burglary
Burglary
Manslaughter
Debt
Hearing
because the first condition was broken in
the state court conviction and Dores was
subsequently sentenced.
The Appellate Division opinion stated
that "until the court has fixed all conditions
and explained them to the defendant, there
is no firm agreement and the defendant is
entitled to decline the agreement."
Citing the basic assumption of "due
process," the opinion stated that in pleading
guilty and waiving his rights to stand trial,
"the steps involved which lead to the loss
of liberty must be understandable to the defendant at each stage of the proceedings."
It said, "The defendant is therefore to be
given the opportunity, within a period of
time set by the trial court, to withdraw his
pleas of guilty to Counts I and II.
TRIAL DIVISION-STATE OF KOSRAE
April 7, 9 a.m.
9:30 a.m.
9:45 a.m.
10:15 a.m.
1:30 p.m.
1:45 p.m.
2p.m.
Aprils, 9a.m.
April 9, 8:30 a.m.
V
FSM v. Alokoa
Ehmes v. Nena, et. al.
AWDW
Killin v. Skilling
Land
Land
Mongkeya heirs v.
Mackwelung heirs
Land
Likiaksa v. Kilatwa Lonno heirs Land
Ittu v. Charley
Land
Edwin v. Sigrah
Land
Oiler v. Kosrae State
Contract breach
Nena, et. al. v. Kosrae State Civil Rights
with a deadly weapon on Herlino Makaya
in Count I and assault and battery on the
other victim in Count II with the court to
defer acceptance of the first count and the
government to dismiss other charges.
The court accepted the agreement on
May 9, 1984, and said it would defer the
first count, if the defendant fulfilled conditions to be announced at sentencing.
When sentencing was held July 3, it was
announced that Dores was convicted by the
Pohnpei State Court of assault and battery
for May 13,1984, incident. The defendant
was then sentenced on the second count entered May 9.
On July 11, 1984, the government moved to accept the guilty plea on the first
count on the grounds that the incident in
the State Court conviction violated conditions of the plea agreement.
On July 18,1984, a judgement was entered imposing conditions for deferring the assault with a deadly weapon guilty plea.
The conditions stated 1) that Dores would
not violate municipal, state or FSM laws;
2) that he would not enter any tavern or
purchase and consume alcoholic beverages
anywhere in the FSM, and 3) that he would
not communicate with the Makayas or their
relatives.
The government then moved that the
guilty plea on the first count be accepted,
Hearing
Pretrial
Hearing
"If he does not so move, the judgements
Hearing
Pretrial
Pretrial
Pretrial
Trial
Pretrial
_/
of conviction for assault and battery and assault with a dangerous weapon are affirmed," the opinion said.
If he moves to withdraw the pleas, the
court may entertain a government motion
to vacate dismissals of all remaining
counts and the court shall order the manslaughter sentence to run from the date it
was imposed.
THE NATIONAL UNION. March 15.1987. Page 7
Population education officials plan next cycle
KOLONIA, Pohnpei - State and national
education officials began working on a new
three-year funding cycle proposal for the
U.N. Fund for Population Activities, during the Population Education Conference
held Feb. 23-27 in the President's Conference Room here, according to Stuart Arno, project director for the FSM Education
Office.
TheUNFPA-sponsoredpopulationeducation program began with seminars held
1982-84 throughout the FSM for state and
national leaders' awareness which resulted
in a decision to continue the program in
the Federated States, Arno said.
The UNFPA provided $72,000 for the
second cycle, which will end this year and
includes general awareness programs in
Truk and Yap and integration of population
Yap gets relief
COLONIA, Yap - The FSM government
field trip ship, MS Caroline Islands, picked
up Feb. 28 U.S. relief supplies and
building materials in Guam and delivered
them March 2 to Ulithi and March 5 to
Fais Island which were hit Jan. 10-11 by
Typhoon Orchid with 140-mile-an-hour
winds, according to Yap state and national
government officials.
Gov. Petrus Tun declared Jan. 14 a state
of emergency for the two areas which also
suffered damages inflicted Dec. 18-19 by
Typhoon Marge and directed his special
awareness information into social studies
programs in Kosrae, he said.
During the recent conference, the states
were asked to begin delineate their population education needs to be included in the
proposal to UNFPA, according to Amo.
"Hopefully in July we will be able to
finalize our proposal with input from Dr.
(Allan K.) Kondo and the states to go to
UNFPA through our External Affairs Department for funding," he said.
The conference was attended by Kosrae
State PopulationEducationProjectCoordinator Henry Robert and Curriculum Writer
Palikun Shrew, Truk State Population Education Project Coordinator Takesy Reynold and Assistant Coordinator Robert
Eram, Yap Population Education Project
Coordinator Calistus Legdesog and Assistant Coordinator James Yangietmai, Pohnpei Social Studies Specialist Bender Enicar
and Science Specialist Marcus Rosario,
Arno and Kondo who is the UNESCO Regional Adviser for Population Education in
the Pacific headquartered in Suva, Fiji.
The states also began, during the conference, revising their programs for the remainder of 1987, Arno said.
Truk and Yap revised their work plans
for the year to enhance their community
and village programs to increase awareness
of population effect on the quality of life.
Tacheliol reported an estimated loss of
$1.5 million in damage to crops and public
and private buildings, according to a Yap
state news release.
The area was declared a "major disaster
area" by President Reagan in a Feb. 4
telephone communication to President
Tosiwo Nakayama, according to Special
Assistant to the President for Disaster
citing the arrival scheduled for March 11 of
a chartered ship from the Philippines with
Coordination and Special Programs Ehson
bulldozers and other heavy equipment being
brought in by Hanil Construction Co. of
South Korea.
Johnson.
A nine-member team from the U.S.
Federal Emergency Management Administration arrived early in February, according
to Tacheliol.
Donations of local food from Yap
municipalities and individuals were being
distributed through the traditional Council
of Pilung of Yap proper to Ulithi and Fais,
according to Tacheliol who said that
emergency food and clothing donated by
people in Guam at the request of Gov.
Joseph Ada also were received via two
military flights arranged by Rear Adm.
Chauncey Hoffman, commander, U.S.
Naval Forces, Marianas.
children, the general population and decision-makers in shaping future policies.
Population education can be introduced at
the primary school level with projects such
as village surveys and throughout all grades
in teaching civics, health, geography,
biology, mathematics and environmental
sciences, according to the materials utilized
in the workshop.
Capitol site could be dangerous
KOLONIA, Pohnpei - The FSM capital
construction site and road leading to it from
Kolonia may be hazardous to the public,
due to the movement during the next
month of heavy equipment to the project,
according officials here.
"Our main concern is keeping people off
the site, because it is going to be dangerous
for the next 30 days," Architects Hawaii
project administrator Lloyd T. Arakaki said,
assistant for outer islands affairs, former
Lt. Gov. Hilary Tacheliol to assess the
damages.
Kosrae officials are "continuing with
their curriculum integration efforts to have
population education modules developed for
the secondary social studies courses," Amo
said.
"Pohnpei state is delineating in its curriculum where population education topics
are presently and where they may be developed for the future," he said.
Some themes stressed in the population
education programs are: 1) The purpose of
the program is to help students understand
the interrelationshops between population
factors and human welfare in improving the
quality of life; 2) the goal is to generate a
rational balance between population and resources growth; 3) planning for the future
must be done at individual and family levels, in determining family size, as well as
the national level, and 4) studying demography provides useful tools for population
growth and future planning.
These themes may be used in educating
Hanil has constructed since the Feb. 9
groundbreaking ceremonyfiveprefabricated
buildings, including two dormitories, one
bathhouse, one warehouse and one office
building, plus a 20-foot water tower at the
Palikir site in Sokehs Municipality,
according to Arakaki who said that it also
is constructing a building to house field offices for Architects Hawaii, the FSM Office
of Planning and Construction and GEO Engineering Testing.
OPS Construction Division Chief John
Crooks said the FSM is recruiting a project
engineer to work at the capital site.
Hanil is commited by contract to hire at
least 15 per cent of its workforce locally
for the project, Crooks noted, adding that it
is scheduled to employ a maximum of 168
persons in March, 1988.
There are about 700 local applications
for work on the project, he said.
Work on paving the four miles of road
between Kolonia and the capital site is
scheduled to begin in August and be completed in April, 1988, Crooks said.
Won Mon Kim is the Hanil superintendent for the $10 million project is
scheduled to be completed by October,
1988.
Other firms, all in Honolulu, contributing to the project include: Austin Tsutsumi and Associates, civil engineer; ECS,
Inc., electrical engineer; American Structural Engineers, Ltd., structural engineer;
Benjamin S. Notkin/Hawaii, mechanical
engineer; Phillips BrandtReddick and Associates, landscape architect; William A.
Brewer and Associates, environmentalist;
Ivan Tilgenkamp, land-use planner; John
Mink and Associates, hydrologist, and
Construction
Services,
Ltd., cost
estimating.
THE NATIONAL ONION. March 15. 1987. Page 8
Summit planned by May on future COM funding.
FSM, Marshalls exchange diplomatic notes
KOLONIA, Pohnpei - The Marshall Islands and Federated States of Micronesia
formally extended diplomatic recognition to
each other Feb. 26, during a meeting of
their foreign ministers in Honolulu, according to FSM External Affairs Secretary Andon Amaraich.
The exchange of notes extending diplomatic recognition was made by Marshalls
Foreign Affairs Minister Charles T. Domnick and the FSM External Affairs Secretary, during a Feb. 23-27 pre-summit meeting on future funding for the College of
Micronesia.
Diplomatic recognition is accorded for
the first time since their Compacts of Free
Association with the United States were implemented Oct. 23 for the Marshalls and
Nov. 3 for the FSM, ending 40 years of
Trust Territory administration by the United
States for the two new nations.
Marshalls, FSM and Palau representatives agreed to a presidential summit by
early May on future COM funding, according to the pre-summit meeting "agreed
minutes" signed Feb. 27 by Domnick,
Amaraich and Palau Social Services Minister Nobuo W. Swei.
The cabinet-level officials declared, "The
three governments reaffirmed their support
for the Saipan Accords of 1983 and the concept of a unified College of Micronesia supported by equitable contributions from each
of the governments."
They concurred that "final agreements regarding the future of the college will be set
forth in a treaty among the three governments."
And they said, "The three governments
will seek to conclude staff level negotiations on the future of the college by May,
1987, so that a summit meeting of the
three Presidents can be held immediately
thereafter."
They set the next pre-summit meeting
for March 30-April 3 in Pohnpei.
The cabinet ministers agreed that the
three governments will accord liberal immigration treatment to one another's college and secondary students.
NURSING STUDENTS CAPPED - The 29 sopnomores scheduled to graduate in May upon
completing spring semester courses are shown at the Feb. 7 capping ceremony held at the
Community College of Micronesia campus in Majuro after they demonstrated basic nursing
procedures. They are, from left, back row, Henny Lavin, Marshalls; Maryrose Kattil, Marshalls;
Assanisa Ruben, Truk; Calina Salmon, Kosrae; Tamar Lakien, Marshalls; Agnes Nennis, Truk;
Nenik Rantak, Marshalls; Loretta Philip, Palau; Begonia Saipweirik, Truk; Markita Sana, Truk;
Tionicia Rain, Truk; Liwisa Pitiol, Truk; Merlyn Basilius, Palau; Risa Jarom, Marshalls; Clara
Gallen, Pohnpei; Francisca Secharkebur, Palau; Maria Laaken, Yap; Delphina Silk, Marshalls;
Sandy Balos, Marshalls, and Anna Boliy, Yap, and, front row, Aurre Lomae, Marshalls; Vincent
Tafleimal, Yap; Bosco Buliche, Truk; Moses Haleyalur, Yap; Akwino Masauo, Truk; Paulino
Gallen, Pohnpei; Aterino Oliver, Pohnpei; William Rhine, Kosrae, and Zachraias Zachraias,
Marshalls.
The NATIONAL UNION
Published by: FSM Information Office
P.O. Box 490, Kolonia, Pohnpei
Federated States of Micronesia 96941
Telephone: 548
Ketson Johnson, Public Information Officer
Esikiel Lippwe, Broadcast Division Administrator
Jones George, Microfilm Administrator
Elieser Rospel, Graphic Artist
Angie Mualia, Administrate Assistant
Mary Ellen Manuel, Clerk Typist
Esi James. Clerk Typist
__
They said that COM "should be an independent legal entity, separate and distinct
from any of the contributing governments."
They agreed that the Board of Regents
should be expanded to nine members with
two members each from the Marshalls and
Palau and five from the FSM. The present
board has eight members, including one
each from the Marshalls, Palau and the four
FSM states and two named by the Trust
Territory High Commissioner.
"The cost of operating the board and its
staff will be shared by the three governments, either through equal contributions
or through contributions based upon each
government's proportional representation
on the board," they said.
The ministers directed the COM staff to
provide more detailed information on COM
operating costs for the next three years,
including what it would cost to expand the
Nursing School campus in Majuro to a
liberal arts-vocational training program, as
requested by the Marshalls, beginning with
first year instruction during the 1987-88
academic year.
They also requested more information on
student enrollment and out-of-pocket student costs in the system with a future
tuition policy statement which would cite
"a reasonable range of costs to be bome by
students."
They concurred that "students attending
(COM) should bear a greater responsibility
for funding the cost of their education."
They asked for available information on
what has become of graduates from each
COM campus, plus costs, benefits and future plans for COM programs, and detailed
information by jurisdiction and campus on
the impact of phasing out U.S. postsecondary education funding on the system.
The ministers agreed that their governments will seek together U.S. funding for a
new Community College of Micronesia
campus in Pohnpei, expansion of the
CCM Nursing School and other facilities
in Majuro and improvements to existing
(Continued on Page 5)