Calls for temporary moratorium on closed matai registry fails for second time

by Asi Andrew Fa'asau

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A bill introduced in 2019 by Senator Tuaolo Manaia Fruean and was re-introduced last Monday by three senators from Manu'a, again met a dead end during a hearing of the Senate Samoan Affairs Committee on Friday last week, and was tabled for the second time pending further review.

The proposed legislation re-introduced by Senators Malaepule Saite Moliga, Ma’o Fa’auma Gogo and Poumele Pete Galea’i calls for amending the closing of registry of matai titles for a three-month temporary moratorium, to allow families to register valid matai titles and to allow for more than one person to register the same matai title.

The bill which was tabled by the Senate Samoan Affairs Committee in 2019, states in its preamble that it has been 55 years since the Registry for Matai Titles was closed in 1969. The initial law was introduced to regulate the issuance of new matai titles and to preserve the reverence of the matai authority in families.

However, the bill points out that although the statute has protected the Samoan culture and matai system over the years, it has also prevented families from legitimizing valid family titles.

It noted that passage of the bill is vital to families to register valid matai titles with the Territorial Registrar’s Office while still safeguarding the initial statute by providing a limited timeframe and added regulations.

Current law states that the registration of matai titles is closed as of January 1st, 1969 and any matai title not registered by that date may not be registered. The bill provides an exemption for a “temporary moratorium that shall be imposed on this restriction for three months starting with the month this law goes into effect.”

After the three-month moratorium, the registration shall be closed again.

Current law also states that registering more than one person for a matai title is prohibited. But the re-introduced bill amends the law, allowing more than one person to be registered to the same title if;

(a)     families provide an affidavit from the family sa’o allowing for the registration of the same title by more than one person. If the family sa’o is not available, a majority of the family senior matais must provide the affidavit; and

(b) the Territorial Registrar’s Office shall allow the registration, subject to the temporary three-month moratorium referenced above.

Senator Malaepule explained that the main reason they have re-introduced the bill, was so that important matai titles known as "matai tu" or titles that were in existence since the establishment of villages which were vacant when the legislation which closed the registry of matai titles as of January 1st, 1969 was passed.

As an example, he referred to the "ali'i" or high chiefly title of Ta'ita'i from Faleasao District where Senator Ma'o is from, saying that it was such a title that is mentioned in the official fa'alupega or official salutations of Faleasao village.

It is also recognized and respected by the family it originates from, as well as the village and district councils of chiefs when they meet.

Malaepule said the last holder of the Ta'ita'i title passed away in 1960 and the title has been vacant until recently. He added that according to village oral history, there were other Ta'ita'i before 1950.

The Manu'a senator also commented on the other proposed amendment which would allow families to register valid matai titles and to allow for more than one person to register for the same matai title.

He explained that in some cases, more than one person are bestowed the same title but they have different "fa'asinomaga" or heritage with regards to customary lands or privileges within the council of chiefs and village protocol.

Senate President Tuaolo asked if the Ta'ita'i title was included in the titles already registered saying that if it was already registered, the new Ta'ita'i title holder can be registered.

Tuaolo explained that part of the reason the act closing the registry was passed, was to protect customary lands connected with the high chiefly titles or family sa'o from new and lesser ranked matai title holders from challenging the authority and jurisdiction of family sa'o on land which they claim to have a titular right to.

 Senator Alo Paul Stevenson said that the issue was complex and volatile because it could cause division and disharmony between members of an extended family and also the village and district. He stated that it would be wise for the Senate to exercise caution before making any decision on the proposed bill.

He argued that if the bill was passed, it could open the door to chaos and animosity within the community especially when land is involved because it was a very sensitive issue which has caused altercations and even death because of people resorting to violence over perceptions of boundaries being overstepped.

Alo's sentiments were echoed by Senator Satele A. Lili'o who advised senators to be patient and consider the issue from all perspectives before making a decision.

He pointed out that the administration has plans to review and update the book of "fa'alupega" or salutations used to address representatives of families or clans, villages and districts in American Samoa at formal gatherings, to formally acknowledge the history and political structure that makes up a village’s unique identity.

Each village and district has their own fa'alupega expressed by the "tulafale" or talking chiefs in eloquent traditional oratorical language.

Satele reasoned that this would be a great help in identifying and confirming important titles that deserve to be registered.

In the end, the Senate President moved that the matter be tabled while members review and analyze this sensitive issue before making a decision.

His motion was supported by Committee Chairman Senator Muagututi'a Tau'oa who declared that senators research the issue before further deliberations in another hearing to be held at a date yet to be finalized.