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Customary Law and Language Commission (Amendment) Act 2015

NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS

36^TH CONSTITUTIONAL REGULAR SESSION, 2015

BILL NO.: 85ND1

P.L. 2015 - 52

CUSTOMARY LAW AND LANGUAGE COMMISSION (AMENDMENT) ACT 2015

AN ACT

To amend Title 39, Chapter 1 of the MIRC, the Customary Law and Language Commission Act, in order to give legal recognition to the Marshallese language as the national language and the Marshallese language and English language as official languages, and to ensure that official publications and public notices are given in both Marshallese and English languages.

BE IT ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS:

Section 1. Short title.

This Act may be cited as the Customary Law and Language Commission (Amendment) Act, 2015.

Section 2. Amendment.

(1) Section 107 of the Principal Act is amended by inserting a new section, to read as follows:

"Section 107A. National and Official Language

(1) The national language of the Republic of the Marshall Islands shall be Marshallese language.

(2) The official languages of the Republic of the Marshall Islands shall be Marshallese language and English language.

(3) The commission shall ensure:

(i) the development and use of both the Marshallese and English language in all communications, public signs, press notices, publicity campaigns, advertisements and exhibitions;

(ii) that every translators must undergo training and must be certified by the College of Marshall Islands in corroboration with the Customary Law and Language Commission.

(2) Section 107 of the Principal Act is amended by inserting a new section, to read as follows:

"Section 107B. Publication of public sign, press, notice, advertisement, etc.

(1) Any public sign, press notice, publicity campaign, advertisement, or any form of exhibitions or notices for the public must be published in both Marshallese and English languages and must comply with the Marshallese Language Orthography (Spelling) Act of which the Marshallese language must appear before the English language.

(2) Any publication made pursuant to Subsection (1) of this section either by the national Government, or by the local Government or any self-employed persons, private institutions or any organizations for public consumption must be reviewed and approved by the Customary Law and Language Commission, unless such review and approval is waived by the Commission due to reasons beyond its capabilities. For the purpose of this section "Public Consumption" means any documents that is intended for public's awareness or usage, and is deemed necessary by the Customary Law and Language Commission to be reviewed.

(3) Section 107 of the Principal Act is amended by inserting a new section, to read as follows:

"Section 107C. Application of the General Interpretations Act: Exception

(1) Section 405 of the General Interpretation Act shall not apply to this Section. Where a possible difference of interpretation occurs between the English text and the Marshallese text, the Marshallese text shall prevail."

Section 3. Effective Date.

This Act shall take effect one year after the date of certification of the bill in accordance with the relevant provisions of the Constitution of the Republic of the Marshall Islands and the Rules of Procedure of the Nitijela.

____________________

CERTIFICATE

I hereby certify:

1. That Nitijela Bill No.85ND1 was passed by the Nitijela of the Republic of the Marshall Islands on the 29^th day of September, 2015; and

2. That I am satisfied that Nitijela Bill No.85ND1 was passed in accordance with the relevant provisions of the Constitution of the Republic of the Marshall Islands and the Rules of Procedures of the Nitijela.

I hereby place my signature before the Clerk this 27^th day of October 2015.