How did Palau’s antinuclear constitutional provision affect the Compact of Free Association?
Palau’s 1981 constitution included a provision prohibiting the operation of nuclear-powered or nuclear-armed vessels and aircraft within its jurisdiction. This created a direct conflict with the Compact of Free Association signed with the United States in 1982, as the U.S. required the right to operate such vessels and maintained a policy of neither confirming nor denying the presence of nuclear weapons.1
Because the constitutional provision required a three-fourths majority to override, multiple referendums failed to pass the compact for over a decade. The impasse was finally resolved in 1992, when voters approved a constitutional amendment reducing the threshold for overriding the antinuclear provision to a simple majority. This change allowed for the approval of the compact in 1993, which subsequently led to Palau’s independence in 1994.1