“RESPONSE TO DR. ELORA RAYMOND’S OPINION”

Talofa lava,   

I thank Dr. Elora Raymond for her thoughtful contribution and her vigilance in tracing how powerful legal interests have affected Indigenous peoples across the United States and its territories. Her research offers American Samoa an important reminder: the same lawyers and law firms who undermined Hawaiian, Puerto Rican, CHamoru, and Native American control over their lands are now circling our shores through repeated “voting rights” lawsuits.

Dr. Raymond is right to sound the alarm. These cases are rarely about equality alone; too often, they are doorways to challenge the very foundations of Indigenous land tenure and sovereignty. In American Samoa, we know that fa‘a Samoa and communal lands are the heart of our culture, and we must continue to guard them with the same unity shown by the Fono, our leaders, and our people during the Tuaua and Fitisemanu cases.

But as we recognize these external threats, we must also look inward. Our Constitution, statutes, and the Deeds of Cession give us unique protections that other territories do not have. Article I, Section 3 of our Constitution explicitly empowers the government to safeguard Samoan lands and customs. The Deeds of Cession promise respect for our land rights, and our courts, through decisions like Craddick, have already upheld the half-Samoan blood rule as a compelling state interest. These are strong shields against civil rights lawsuits that would strip away our protections.

Yet, the more pressing challenge we face today is not always from Washington, but from within our own families. Too many disputes arise from our land laws, disagreements over inheritance, misunderstandings of matai authority, and conflicts in communal allocations. These disputes erode unity, create costly litigation, and weaken the very fa‘a Samoa our laws are meant to protect.

If we wish to continue enjoying the protections we have against outside legal intrusion, we must also consider reforming and modernizing how our land laws function among ourselves. This could mean clearer rules for succession and allocation, greater use of mediation before cases reach the Lands & Titles Court, and investments in proper land registration so that families are not left fighting over boundaries and oral histories. Protecting our land must also mean reducing the discord it causes among our people.

Dr. Raymond reminds us that we must remain mataala, alert to outside wolves. But we must also be courageous enough to heal the divisions inside our own fale. Only then can we preserve both our rights under U.S. law and the deeper unity that comes from fa‘a Samoa.

Fa‘afetai tele,

David Tuinei

Grateful Citizen of American Samoa