Constitutional amendments to be considered at Con-Con released

Pago Pago, AMERICAN SAMOA — The 6th Constitutional Convention will kickoff on Monday, from August 29 to September 2, 2022 and on the agenda are proposed amendments to the Revised Constitution of American Samoa.

The review of the Constitutions proposed amendments will be held at the Lee Auditorium. Initially there were a total of 13 proposed amendments to the Revised Constitution of American Samoa.

After careful deliberation, the Committee agreed to recommend for consideration by the 2022 Constitutional Convention, eight amendments.

According to the Constitutional Review Report 2022 the first proposed amendment is on American Samoa Ancestry and this amendment clarifies that the protections in Article I Section 3 of the Revised Constitution are limited to persons of American Samoa ancestry and do not apply generally to other Samoans without American Samoa ancestry.

Next is the House of Representatives Amendment, revising Article II Section 2 of the Revised Constitution, this amendment would increase the total number of seats in the American Samoa House of Representatives from 20 to a number to be determined at the Constitutional Convention.

 “This would be accomplished by adding additional seats to Representative District No. 12 - Ituau, and Representative District No. 15 - Ma’upu.

 “The Committee did not reach a majority agreement on the actual number of seats to add to these districts.

Next is an amendment that revises two sections of the Revised Constitution — Article II Sections 9 and 19 — to remove the authority of the U.S. Secretary of Interior to approve or disapprove a bill passed by the Fono over the Governor’s veto. 

There is also the impeachment proposal and this amendment would add a new Section 26 under Article II of the Revised Constitution to provide a process for impeachment of certain government officials - Governor, Lt. Governor, and Chief Justice, Associate Justices, Associate Judges, and District Court Judges.

Furthermore, the report outlines the proposed amendment for the appointment of Chief Justice.

 “The Committee proposes revisions to Article III Section 3 of the Revised Constitution to remove the authority of the U.S. Secretary of Interior to appointment the Chief Justice of American Samoa and any Associate Justices.

 “This decision will be left to the Governor of American Samoa subject to confirmation by the Fono.

 “This amendment also clarifies that the Chief Justice and Associate Justices shall hold their offices during good behavior until resignation, retirement, death, or impeachment.

Next is an amendment that removes the Secretary of Interior’s authority to review decisions of the American Samoa High Court.

 “This amendment adds a new Section 4 in Article III of the Revised Constitution removing the authority of the U.S. Secretary of Interior to review or overturn a decision by the American Samoa High Court.”

Going forward, a Constitutional Process amendment seeks to remove the authority of the U.S. Secretary of Interior in approving amendments to the Revised Constitution.

 “Instead, amendments to the Revised Constitution proposed by the Legislature or the constitutional convention, or a revised draft constitution proposed by the constitutional convention shall become effective if approved by at least two-thirds of votes cast at the general election.

 “Article V Section 2 is revised to reflect the new process for amendments originating from the Legislature. Article V Section 4 is revised to provide for amendments or revised draft constitution proposed by the constitutional convention.”

According to the report, the Government of American Samoa vs. American Samoa Government Amendment is another proposal and the Committee also agreed to remove all references in the body of the Revised Constitution referring to our local government as the “Government of American Samoa.”

 “The Committee recommends that the preferred name of our government ‘American Samoa Government’ be inserted in place of “Government of American Samoa.”

The proposals not approved by the Constitutional Review Committee were the motion on whether to review and link the reapportionment of the Senate with the proposed amendment to reapportion the House of Representatives; the American Samoa Lands Amendment, which sought to revise Article I, Section 3. Policy protective legislation on whether “all acquisitions of communal and individually owned lands by the American Samoa Government … shall revert to their rightful owners when the government determines there is no longer a need for public use.

 “And whether the Legislature shall enact laws to prohibit further individualization of communal lands. Furthermore the proposed “Amendment for Women” to add to the Preamble the value statement “Whereas, the American Samoa Government shall be committed to women’s inclusion, safety, and justice…”

Also on whether to consider and amend Article II, Section 2 to grant the delegate from Swains Island all the rights and privileges of a member of the House including the right to vote; and whether to amend Article V, Section 3 and Article V, Section 4 and allow special elections for amendments or revised draft constitution for ratification by voters was not approved.

Editorial Changes:  Several additional editorial changes will need to be made in the body of the Revised Constitution to incorporate and reflect the adoption of any of the amendments proposed.

In July, Village mayors and county chiefs learned about the Con-Con amendment approval process in orientations provided by the Office of Political Status, Constitutional Review & Federal Relations on the Constitution.

The sessions were held at the Conference Room at the Office of Samoan Affairs, where Secretary of Samoan Affairs addressed county chiefs and village mayors in separate sessions.

The orientations are part of the Constitutional Review Office’s ongoing outreach programs that included a talk show on KVZK-TV.

The Constitutional Review Committee wrapped up its work last month, approving 8 amendments, which will be submitted to the ConCon.

The governor has already issued an executive order urging County Councils to begin meetings to discuss and appoint their respective delegates to the ConCon.

The order says there should be a total of 129 delegates, whereas 48 are from Ma’upu (Tualauta) 21 from Ma’oputasi; 18 for Ituau, 8 at Taulatai; 7 from Fofo; 6 for Sua, 4 members from Vaifanua, Lealatua and Leasina; 3 for Saole and the rest of the Districts shall have one delegate member, and this includes Swains Island.