The question of women chiefs raises a number of opinions

Pago Pago, AMERICAN SAMOA — One of the constituencies in American Samoa that bars women from becoming chiefs is District#2, which consists of the villages of Ofu, Olosega and Sili in Manu’a.

However Senator Malaepule Saena Moliga says the decision to appoint Chiefs lies with the family that owns the title, not the village or the District.

Adding that this rule has been in place since the beginning of time — but rules do not last forever.

The comments by the Senator were made during the Constitutional Convention Committee hearing last week on the amendment for including women’s representation in the preamble of the Constitution.

Vice Chairman of the Constitutional Convention Committee, Tauese Va’a Sunia says there is no law that bars women from becoming High Chiefs in their respective villages and districts.

Tauese who is the Deputy Secretary of Samoan Affairs spoke on the amendment increasing women's representation, as the American Samoa Constitution does not state as a value the people's commitment to women's inclusion in security and justice, and it was deliberated during the Constitutional Review Committee hearing last week.

One of the issues cited during the hearing by Tauaisafune Nuuausala was that while the opportunity for women to compete in public office is not limited under the constitution, but there are villages that ban women from becoming chiefs.

Speaking from her personal experience, Tauaisafune, who is a chief in her family, said it was a difficult journey she took to become a chief.

However Tauese made it clear that the laws are clear,  there is no barrier for women to exceed on the cultural aspect of being a chief.

“There are no such laws. When it comes to entitlement to chiefly titles everyone is afforded the same rights to the titles.

“However we are talking about the Constitution [and] it falls on the Legislature to put in place laws that will strengthen” the ability for women representation.

Adding that earlier comments saying the current laws are discriminatory and that women’s rights are barred are not true.

“Under American Samoa laws on chiefly titles everyone has equal rights to the titles,” explained Tauese.

He said pertaining to the villages and districts barring women to become chiefs — its’ a separate issue.

“It would take a woman to challenge such issues [in court] but in terms of the law, it is clear everyone has equal rights to chiefly titles. The selection of chiefs among families and villages that is a separate matter,” reiterated Tauese.

Senator Malaepule Saena Moliga said there is no discrimination under American Samoa’s constitution — there are equal rights for everyone, men and women, when it comes to running for public office.

“The question that comes to mind, are the rights of women not afforded in the Constitution? Is there is a barrier in the villages and districts that disallows women to become chiefs?” asked Malaepule.

Adding that his Constituency, District #2 consisting of Ofu, Olosega and Sili disallows women from getting chiefly titles.

“However, I believe that when a family selects a prospect from their family to be their chief, that is specifically for the family to decide and it is their choice. But there are not barriers that ban women to run for public office,” said Malaepule.

He said the Constitution has no bearing on family decisions — that is, who they select to be a chief in their family, whether it’s a woman or man. 

Speaker of the House, Savali Talavou Ale also spoke on the issue, when considering the proposed amendment and painted a picture as our forefathers did not consider the importance of women in the Constitution.

“The reality is as evident in public comments by other women everyone has equal rights under our Constitution,” he said.

Adding the proposed amendment comes as a reminder in terms of female chiefs in villages.

 “In 1982 -83 there was a law in selection of chiefs in the families, that men clan[s] prevails but after concerns surfaced on the issue of women representation … that specific law was repealed, to what it is today that women clans versus men clans are equal,” explained the Speaker of the House.

(In general: men clans and women clans reference descendants of a chiefly title, from either male or female bloodlines that originate from the original title holder.)