Con-con review looks at Ancestry Amendment and hears concerns

Pago Pago, AMERICAN SAMOA — A number of concerns were raised during the Constitutional Review Committee hearing on the issue of the American Samoa Ancestry Amendment, held at the Rex H. Lee Auditorium in Utulei yesterday.

Article 1 Section 3, of the Constitution, states it "shall be the policy of the Government of American Samoa to protect persons of [American] Samoan ancestry against alienation of their communal lands and the destruction of the Samoan way of life and language contrary to their best interests.

During the hearing, Tapa'au Dr. Dan Aga explained there are four parts of the amendment that will add the word American and define American Samoan ancestry.

"Its intention is to strengthen the protections for the indigenous people of American Samoa against alienation of the lands, language, and Samoan way of life."

Adding that the amendment in question was discussed on several occasions during the Constitutional Review Committee hearing in the past, in 1984, 1986, and also in 2010.

Tapa'au said the response from the Department of Justice is while the proposal states "American Samoan ancestry" there is no definition and it is nowhere defined in the Constitution.

Hence the need to outline a definition as to what American Samoan ancestry represents and stands for.

"There are six definitions, US Citizenship, US National, Native American Samoan, Citizen of American Samoan, Native Samoa, and one half native blood," explained Tapa'au.

He elaborated on each of the definitions. The phrase "Citizen of American Samoa" used by many is not a valid term and cannot be found in any records.

"Under Federal laws, American Samoans are entitled to United States protection and have free access to the United States where they are eligible to become naturalized US citizens.

"American Samoans are classified as US Nationals and as such owe allegiance to the United States. This is another important element of the definition. Native American Samoan means a person who is a citizen or national of the United States and who is [a] lineal descendant of an inhabitant of the Samoan Islands on April 18, 1900."

For Native Samoans, Tapaa'u said it included Western Samoans and was not limited to American Samoa before 1999. However, the laws changed and no longer include Western Samoans.

"Native means a full-blooded Samoan person of Tutuila, Manu'a, Aunu'u or Swains Island, and another important element is the full blood Samoan, which should be submitted to the committee members for their consideration as it's not an easy task."

Under Native blood; it is prohibited to alienate any lands except freehold lands to any person who is less than one-half blood native.

Senator Tuipie Soliai asked for an explanation on the "one-half-blood native" and in response Tapa'au said a legal opinion was sought from a prominent lawyer on the issue raised.

Adding there are also legal minds that can further elaborate on this specific issue the next day if warranted.

Senator Soliai cited a law that was submitted in the past, whereas a child is born in Samoa yet parents are American Samoans who were in Apia for religious calling, hence the concerns raised.

Adding that the law was approved at that time, affording this person the opportunity to be a US national, regardless of being born in Apia.

"Hence seeking an explanation as to what is half-blood native," said Soliai.

Tapa'au explained there would be a time when the interpretations of the proposed amendments will be discussed. Adding that when proposing these changes it's difficult when addressing this specific issue if this definition will be used.

Lt Governor Talauega Eleasalo Ale further clarified that when the wording Samoan is outlined in the Constitution this means only American Samoans and not Western Samoans.

Adding there are laws that stipulate Samoans and it is pertaining specifically to American Samoans, and the half-blood refers to American Samoan born, but one of their parents is from Western Samoa.

The Speaker of the House, Savali Talavou Ale said defining the term American Samoa ancestry for the proposed amendments is difficult and suggested appointing a Committee for this specific issue as it is not an easy task defining such terms.

Another issue cited by Senator Soliai is the guaranteed citizenship (US National) afforded to foreigners that are born in the territory. He said in their documents it should indicate their place of birth, but they should not automatically be US Nationals.

Adding that foreigners with businesses in the territory shouldn't be afforded the US National benefit because they are not American Samoans, they should be citizens of their country of origin.

The Constitutional Review Committee is tasked to prepare amendments for the Governor to submit to the upcoming American Samoa Constitutional Convention scheduled for later this year. The current committee is made up of 54 various members of the community including, the Executive branch, the Legislative branch, a Federal representative, the Clergy, members of the American Samoa Bar Association, the Private Sector, Women, and the Youth.

At the end of the hearing on Tuesday, committee members voted on the proposed amendments and whether the American Samoa Ancestry Amendments should be submitted to the Constitutional Convention for consideration was approved.

The hearing continues throughout the week.