Proposal to amend land laws in the Constitution garners strong push back

Pago Pago, AMERICAN SAMOA — The second proposal at the Constitutional Review Committee hearing outlined on Tuesday pertains to American Samoa land amendments, which would provide new language in the Constitution and is not supported by the Legislative Branch.

The return of family lands held by the Government to the original owners when there is no specific government use and a ban on further individualization of communal lands is the second proposal being considered, Tapa'au Dr. Dan Aga said.

Adding that all acquisition of lands by the American Samoa Government shall be used for a specific Government of public use. "And that such lands shall revert back to the rightful owners when the Government determines there is no longer a need for public use.

According to Tapa'au between 2009 and 2019 there was 1,651 acres of government-owned lands, according to the Statistical Yearbook prepared by the Department of Commerce.

He said the second amendment at hand is the ban of further individualization of communal lands.

"The Legislature shall enact laws to prohibit further individualization of communal lands, and according to records, in 1995, a total of 1,974 acres were converted from Communal lands to an individual. In 2009, 2006 acres were converted, while in 2019 it increased to 2044.

"Between 2009 and 2019, a total of 250 acres of communal land were converted to individuals. And the question to the Chair of the Committee, as per research by Professor Stowers of the University of Hawaii, is why members of the public want to convert communal lands to private.

"The response is to find a place to live in the capital center of Tutuila, from those living in Manu'a.

“Secondly, the desire to be able to give land to one's biological children.

“And thirdly the desire for greater autonomy in one's life, free from the restriction of village and matai control," says Tapa'au.

Adding these amendments are for Article 1 Section 3 of the Constitution, a protective policy, which clearly states that American Samoa cannot make laws to remove communal lands from their rightful owners and to protect the culture and the Samoan language.

He said these are the addendum amendments to the Constitution.

"Keeping in mind the Constitution trumps local laws and it is the paramount law of the land," said Taupa'au.

The Speaker of the House, Savali Talavou Ale was the first to ask a question during the Wednesday hearing and inquired whether the amendments proposed are "new changes" to the Constitution, which Tapa'au confirmed.

Savali expressed concerns and pointed out it is quite difficult to add new language or changes made to the Constitution of American Samoa when it comes to lands and suggested leaving it ‘as is’.

"The lands are safe and protected under the Constitution.

"Another issue is that when there are changes to the Constitution, it is done on a 10-year basis and we have to be cautious in putting this new language into the Constitution as there are laws in place that protect our communal lands."

Senator Malaepule Saite Moliga spoke on behalf of the Senate and supported the concerns raised by the Speaker of the House.

"It is better to leave it as it is. When it comes [to] communal lands it is sacred to our territory and therefore it is better to leave it as it is," reiterated Senator Malaepule, who said to focus on the current Articles in the Constitution that protect our lands.

"Don't fix something that is not broken," said Malaetele.

Lt Governor Talauega Eleasalo Ale said there is a motion that has been seconded and a vote on whether members "approve the Samoa Lands Amendment to the Constitutional Convention." 

The results will be made available later, but Talauega at the hearing voted no on the proposed amendments.

Others who voted no were Senator Malaepule and the Speaker of the House. Member Earl Mokoma voted yes to the proposed change.

More on the hearing in tomorrow's edition.