Cease individualization of communal lands and re-establish a board of education for public schools are some of the issues approved by the Constitutional Review Committee to be on the agenda for next month’s two week Constitutional Convention, the fourth in the history of American Samoa.
The committee began its work last week and was aired on KVZK-TV in the evening. Prior to the committee’s work, the panel was given proposed ‘main amendments’ to the American Samoa Constitution prepared by the American Samoa Constitutional Review Office, headed by Afoa M. Su’esu’e Lutu. The suggestions were based on response from the public and other organizations.
Under the Bill of Rights, Section 3, the proposed amendments called to cease individualization of communal lands, which has been a major issue of discussion in the Fono and the community in the past several years, as well as one of the issues raised by those who responded to the Review Office requests for suggestions.
In its 2007 report, the Future Political Status Study Commission urged the governor and the Legislature to “review the present laws to cease individualization and alienation of communal lands and to make them stronger.”
FPSSC says communal land is at the core of the Samoan way of life and to preserve it, “individualization of lands must cease. Whatever action is needed to achieve that goal must be made with haste.”
There was strong support from Review Committee members to make this necessary change to the constitution, citing the fact that communal lands are part of the Samoan culture and land— which is very limited in the territory— that should be maintained by the family.
The Review Committee has approved this issue to be placed on the agenda for the Constitutional Convention, along with the re-establishment of a board of education for Kindergarten to 12th grade and to give that board more authority or power.
The FPSSC report urged the governor to review the board of higher education for public schools and appoint members from diverse sectors of the community and to also require the board and the Director of Education to submit an annual report on the state of education in the territory.
“Strengthening Samoan language requirements” in public schools, is another issue the Review Committee approved for the agenda, along with making both English and Samoan the officials languages in American Samoa.
Also approved by the committee is a minor amendment to reflect that the motto of the territory become “American Samoa Muamua le Atua”. The current motto is “Samoa Muamua le Atua.”
The Review Office also proposed amendments to Article III, Judicial Branch, which would grant the governor of American Samoa the authority to appoint the Chief Justice and Associate Justice. They are currently appointed by the Secretary of Interior.
Also recommended is removal of the Secretary of Interior’s authority to review, approve, or overturn decisions of the High Court of American Samoa; however, this may require an Act of Congress.
These issues along with recommendation for amendments to Article II, the Legislature and Article V, Miscellaneous, are being reviewed by the Constitutional Review Committee.