P 200254Z APR 09
FM AMEMBASSY MAJURO
TO SECSTATE WASHDC PRIORITY 2290
INFO CDR USPACOM HONOLULU HI
AMEMBASSY MAJURO

S E C R E T MAJURO 000038 
 
 
E.O. 12958: DECL:  4/19/2019 
TAGS: PGOV PREL RM
SUBJECT: PRESIDENT TOMEING SURVIVES NO-CONFIDENCE MOTION 
 
REF: MAJURO 0028 
 
CLASSIFIED BY: Clyde Bishop, Ambassador, EAP/ANP/Majuro, DOS. 
REASON: 1.4 (d) 
 
 
¶1.         (U) SUMMARY: In an action packed two days, the RMI 
saw a major Constitutional ruling from the courts, a major 
shake-up in the Cabinet, and a failed vote of no-confidence 
(VONC) in the President.  The political parties in the RMI have 
realigned with a new United Democratic Party (UDP)/United 
People's Party (UPP) coalition in government.  The Our Islands 
(AKA) Party is back in opposition. However, there is some 
speculation this arrangement could become unstable in the next 
few months.  END SUMMARY 
 
========================== 
 
Background and legal ramifications 
 
========================== 
 
¶2.         (U) The lingering vote of no-confidence motion that 
had paralyzed the GRMI since March 27 finally came to a head 
late Friday evening when the Attorney General filed a motion for 
Declaratory Relief before the High Court.  At issue was the 
meaning of the Constitutional provision establishing the time 
frame in which a VONC must take place.  After an emergency 
hearing, High Court Chief Justice Ingram issued a ruling stating 
the Constitutional mandate that a VONC must be held within five 
to ten days of its official filing should be read as calendar 
days and not Nitijela sitting days, as the Speaker of the 
Nitijela had interpreted it.  This resulted in the Nitijela 
meeting in an emergency session Saturday morning on April 18, 
rather than holding the VONC on April 22 as originally planned. 
 
¶3.         (C) The legal ruling marks something of a 
Constitutional milestone for the RMI.  There have been very few 
cases where the Court has been asked to rule on substantive 
issues of Constitutional interpretation, and even fewer where it 
has overruled a decision by another branch of the GRMI.  It can 
be considered a significant step forward for the RMI judiciary 
and a boost to their authority that the ruling was issued and 
complied with, though after much grumbling on the part of the 
Speaker.  The ruling also clarified that a VONC cannot fail due 
to `timing out' and that if the vote does not take place within 
the prescribed time period, the proper remedy is for the High 
Court to set a date for the vote at the request of any party. 
 
==================== 
 
Cabinet reorganization 
 
===================== 
 
¶4.         (U) The emergency meeting of the Nitijela began with 
the official recognition of four changes in the Cabinet line-up. 
 Minister in Assistance Loeak, Minister of Public Works Bien, 
Minister of Resources and Development Muller, and Minister of 
Transportation and Communication Momotaro were all removed from 
their posts.   Senators R. Zackhras, M. Zackhras, Kedi and 
Alfred were all made Ministers, though they have not been 
officially assigned portfolios.  However there is still some 
speculation that further changes are in the offing as Minister 
of Finance Adding has expressly stated he feels he may be 
replaced soon. 
 
======================= 
 
The Vote 
 
======================= 
 
¶5.         (C) Several hours were spent debating the propriety 
of holding the vote and in attempts by the Speaker to delay the 
vote until Monday.  Many of the supporters of the new coalition 
pushed hard for a role call vote on the VONC to be held 
immediately, but the Speaker simply ignored their motions.  None 
of the main supporters of the VONC motion spoke in its defense, 
and especially noticeable was the silence of Senator deBrum, 
widely considered the primary force behind the motion.  The core 
of the AKA faction seemed content for their side of the debate 
to be carried by the Speaker and Senator Rein Morris, a former 
UDP minister.  The motion's opponents finally won the day 
through a compromise put forward by Minister of Foreign Affairs 
Silk to hold the vote through secret ballot.  Prior to the 
 
voting President Tomeing delivered a strong speech in support of 
his administration and defending his foreign born advisors, 
whose supposedly undue influence was the expressed cause of the 
VONC.  The President said he relied on them to such an extent 
simply because they could be relied upon to be at work and 
available when he needed them and many former supporters could 
not.  He noted that several Ministers did not show up for 
meetings or keep the President informed of their work or travel 
schedules.  This was an uncharacteristically blunt statement, 
and exceptionally notable in the context of a culture that seeks 
to avoid public confrontation. 
 
¶6.         (S) The final vote was 14 to 18 in the President's 
favor, and might have been 14 to 19 had Minister Kramer been on 
island.  While the secret ballot prevents knowing with certainty 
how votes were cast, the behavior and statements of the Senators 
in the run up to the vote does enable some enlightened 
speculation.  The core of the old AKA party seems intact and 
includes first term Senators Muller and Momotaro. In addition, 
it is likely the motion gained support from former President 
Note and Senator Morris.  These last two votes are likely 
motivated by personal animosity and bitterness at the President. 
The governing coalition appears to have kept all the other UDP 
and UPP votes while likely bringing Minister Adding over to the 
President's side. 
 
¶7.         (S) COMMENT:  If Post's assessment of the vote 
breakdown is correct the current coalition stands a good chance 
of remaining stable for the foreseeable future as it would 
appear Note may have finally lost his loyalists in the UDP. 
However, there is still the chance he could pull enough support 
to upset the balance of power during the next Nitijela session 
in August.  Note remains very angry at what he sees as his 
betrayal by President Tomeing, and personal feelings often trump 
politics in the RMI.  The attempts to delay the vote by the 
Speaker were also troubling.  First, they contemplated 
disregarding a valid ruling of the Judicial branch on a matter 
of Constitutional interpretation, something that could have 
severely undermined the rule of law in the RMI. Second, they 
showed the Speaker acting in a fairly partisan fashion, 
something that is contrary to how the Constitution defines his 
role.  It also appears the four nuclear affected atolls have 
thrown their support behind the President, with three of their 
Senators in Ministerial positions and the fourth a sure 
supporter.  This realignment is likely the result of the 
handling of Senate Bill 1756 by Senator deBrum during his tenure 
at MoFA.  The Four Atolls leadership was greatly disappointed 
when the bill died due to lack of support from the GRMI. They 
were especially upset with the attitude of Senator deBrum who 
called the bill "insulting."  END COMMENT. 
 
BISHOP