Tapaau speaks on territory’s relationship with U.S. at Yale Law

Pago Pago, AMERICAN SAMOA — Tapaau Dr. Dan Aga, director of the ASG Office of Political Status, Constitutional Review and Federal Relations, says that the “chance to speak to a U.S mainland audience is an opportunity to provide a local perspective” on the issues pertaining to American Samoa’s political relationship with the United States.

 He was invited and presented virtually last Thursday to students at the Yale Law School, on the seminar subject, “Indigenous Self Government, being co-taught by Prof. James Campbell and Prof. Gerald Torres, who teaches federal Indian law, according to information provided by Tapaau. (See Samoa News edition last Friday for background information.)

In April this year, Tapaau was invited and presented virtually on the seminar titled, “The Constitution of Empire,” for students at the Georgetown University Law School. (See Samoa News edition Apr. 28 for details).

One of the subjects that Tapaau covered during the Yale Law School seminar, was “Why American Samoa’s leadership rejected [automatic] US citizenship” for persons born in American Samoa and this question was also covered in his presentation to Georgetown law students — as there is a lot of interest in this particular subject.

Other subjects that Tapaau spoke on at Yale Law School, are “Self-Evident Truths”, “The Two Samoa’s” and “Respect for Diversity and Tolerance”.

Following the seminar, Prof. Campbell — via a post-discussion email — expressed appreciation to Tapaau for making time to speak with the students.  “We cover a lot of ground in the class and there is just no substitute for the perspective of those who are actively engaged in shaping public conversation,” Campbell said in the email, which Tapaau shared with Samoa News.

“I very much appreciate that your perspective is not siloed to what is happening in American Samoa and takes stock of the Native American/ Hawaiian/ Chamoru experience as well as the broader and ongoing constitutional struggle over race and inequality on the mainland,” Campbell wrote to Tapaau.

Campbell also recalled questions from the class that were discussed:

•           Is there some legal framework in American Samoa that operationalizes duties under "stewardship" as distinct from individual property ownership? Are there particular practices or other expectations surrounding "stewardship" as understood in Fa'a Samoa?

•           What were the political conversations like on the ground that led to the territory adopting a specific legal position in the Fitisemanu case? How did the political community in American Samoa react to this court case and how did it achieve consensus about what legal position to take?  

•           How does deliberation among families & within the matai system interact with deliberation and decision-making that takes place in elected government?

“Thanks again for being so generous with your time and insight — looking forward to continuing the conversation,” Campbell told Tapaau.

Responding to Samoa News queries, Tapaau said that the experience speaking to the law students “has been a privilege” for him, referring to himself as a humble servant.

“O ai lava a’u ou te tautala ai i se Law School?” — he said in Samoan, meaning — ‘Who am I to speak to a law school’.

“I’m not an attorney. I was a classroom teacher for most of my career and that’s how I approach this,” he pointed out. “With each seminar I try to improve my presentation by continuing to research the questions asked and issues raised.”

TAPAAU REACTION

Asked for his “overall take on the interest of the students on this issue regarding American Samoa,” he responded, “If none of the students had any comments or questions, I’d be worried that they were bored or that I didn’t reach them.

“Their questions are food for thought.  For example — what does communal land ownership look like from their perspective? What does our matai system look like to them?” he points outs.

Tapaau declared that: “I have a responsibility to pay attention to American Samoa’s relationship with the US on both a local and national level. The portrayal of American Samoa in the national media and in academia is sometimes incorrect and mis-leading. The chance to speak to a mainland audience is an opportunity to provide a local perspective on the issues.”

He said, “I think it’s important to keep our eyes on the Pacific region too.  It’s important to look at comparable contexts as far as native, indigenous, and aboriginal peoples. I try to maintain an international perspective as far as knowing the rights of all people.”

Asked for comments on the overall seminar, Tapaau responded that much of what he said to students at both Georgetown Law School and Yale Law School “is what I’ve been saying to our own community for years.  

“We have self-evident truths of our own. They were not written down in books but were passed down in oral traditions from generation to generation,” he said. “They tell us that these islands are our home and must be protected for the ones we love — even for those yet unborn.

“Ours is a compelling interest to preserve who we are as a distinct cultural community and to make fundamentally important decisions for ourselves,” said Tapaau, who had also spoke on behalf of ASG during one of the past years Pacific Seminars for the United Nations Decolonization Committee.

“Whatever challenges we face, we must ensure that our form of government is firmly vested in the authority of the people of American Samoa. This is our right and our duty. We have only to proclaim it,” he noted.

“We recognize there are many truths in our relationship and destiny with the United States.  As we navigate the waters of an uncertain future, we cannot allow the political process to be solely dictated by others or taken completely out of our hands. It is a struggle we cannot afford to lose because future generations depend on it,” he said.

“Still, we believe ourselves to be fortunate. We are a people of great faith and we believe "o Samoa e muamua le Atua,” Tapaau concluded.