Voter-approved Constitutional amendments now with U.S Interior Secretary

Pago Pago, AMERICAN SAMOA — The five constitutional amendments approved by voters last year are under review by the Secretary of the U.S. Dept. of Interior for approval, before becoming part of the American Samoa Constitution.

This was revealed by Gov Lemanu P. S Mauga during his State of the Territory’s address to officially open the new 38th Legislature.

A statement issued by the Governor’s office indicated that on Dec. 14, 2022, the governor transmitted to the Secretary of Interior, Deb Haaland, five amendments to the Revised Constitution of American Samoa.

The Constitutional Convention of 2022 recommended 11 amendments to be included on the referendum ballot of Nov. 8, 2022. The voters of American Samoa approved only five of the 11 amendments.

“The people of American Samoa have spoken,” stated Governor Lemanu in his letter of submission. “We ask that you support these amendments and take such actions as may be necessary and appropriate to bring them into effect… and to facilitate the will of our people,” he continued.

Enclosed in the letter to Secretary Haaland was a letter from the Chief Election Officer with the results of the constitutional referendum; the text of the Revised Constitution of American Samoa incorporating the text of the approved five amendments; and the report of the 2022 Constitutional Convention.

“Included in the report of the 2022 Constitutional Convention is the text of the Revised Constitution of American Samoa that incorporated the eleven amendments that were approved by the Convention as well as Executive Orders 001-22, 006-22, and 007-22.

“Governor Lemanu expressed his gratitude to the Department of Interior for their support for the 2022 Constitutional Convention.

“The people of American Samoa appreciate and acknowledge the efforts of the Department of Interior to support this locally conducted process by providing a technical assistance grant,” stated Governor Lemanu.

“We are grateful that the Honorable Carmen G. Cantor, the Assistant Secretary for Insular and International Affairs, and Basil Ottley, the Director of Policy for the Office of Insular Affairs, could accept our invitations to attend the Convention as honored guests.”

Assistant Secretary Cantor delivered special remarks at the Constitutional Convention opening ceremony on Aug. 29, 2022.

In his written speech, Lemanu said one of our people’s greatest hopes has been to protect and preserve Samoan lands, culture and way of life for present and future generations.

According to Lemanu each generation is tasked with a responsibility to protect, preserve, and develop our nation as is fitting to the betterment of American Samoa.

One of the most important democratic methods for such development is through the celebration, education, and revision of one’s Constitution.

“As the bedrock of our society, the Constitution acts as a beacon of hope for all people of American Samoa.

“The Constitutional Review Committee considered a total of 13 proposed amendments to the Revised Constitution of American Samoa.

The delegates to the 6th Constitutional Convention passed a total of 11 of the proposed amendments to be sent to all eligible electors of American Samoa in the Nov. 8th Constitutional Referendum.

According to Lemanu, the Official Constitutional Referendum held on Nov. 8th, 2022 saw five out of the 11 proposed amendments approved by our voters/ people.

“The amendments that were approved by the people of American Samoa were the Swains Island Amendment (#6), the Accountability Amendment (#8), the ASG to GAS Amendment (#9), the Ma’oputasi Amendment (#10), and the Leasina ma Aitulagi Amendment (#11).

“The next step in this Amendment Pathway is to submit the approved amendments to the Department of Interior for the Secretary of Interior's approval.”

He pointed out the last time American Samoa’s Constitution was amended was in 1979 when the Secretary of Interior still had unilateral authority to amend the Constitution.

“With the passage of 5 amendments in the 2022 Referendum, American Samoa has its best chance in 43 years to break out of constitutional stagnation.

“What was the likely determining factor in breaking out of stagnation?

Unlike the “All or Nothing” format used in the 2010 Constitutional Referendum, each of the 11 proposed amendments were separately considered by voters. This allowed voters the freedom to choose “Yes” or “No” on each amendment separately — meaning they could vote “Yes” on one amendment and “No” on the other.