Con-Con review committee approves 8 amendments for consideration

Pago Pago, AMERICAN SAMOA — After a week-long hearing on the proposed measures by the Constitutional Review Committee, the official report was handed over to Governor Lemanu Peleti Mauga during a ceremony this past Friday.

This followed a week after the hearings.

Held at the Gov. H. Rex Lee Auditorium (fale laumei), the Constitutional Review Committee considered a total of 13 proposed amendments to the Revised Constitution of American Samoa (“Revised Constitution”).

At the end, eight were approved while five proposed amendments were denied including a motion on whether to review and link the reapportionment of the Senate with the proposed amendment to reapportion the House of Representatives.

Another proposed measure that was denied was the “American Samoa Lands Amendment” 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 owner when the government determines there is no longer a need for public use and 2) whether the Legislature shall enact laws to prohibit further individualization of communal lands.

The proposed “Amendment for Women” to be added to the Preamble the value statement whereas, the American Samoa Government shall be committed to women’s inclusion, safety, and justice was also denied.

The Committee further denied the proposed consideration to 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 the revised draft constitution for ratification by voters.

The conclusions were outlined in a 36-page report that was handed over to Governor Lemanu during the closing ceremony last Friday. The Committee agreed to recommend for consideration by the 2022 Constitutional Convention 8 amendments, beginning with the American Samoa Ancestry Amendment.

"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.

"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.

Also the Veto Override Amendment, which 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.

The Impeachment 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 how judges are selected was also approved.

“Furthermore, the Chief Justice Amendment, whereas 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 appoint 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."

Removing the Secretary’s Authority to Review decisions of the American Samoa High Court was also approved by the Committee and 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.

"The Constitutional Process Amendment removes 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,” the committee states.

The last approved amendment was the Government of American Samoa vs. American Samoa Government Amendment.

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” (ASG) be inserted in the place of “Government of American Samoa” (GAS).

(Acronyms or initials are inserted by Samoa News.)