Constitutional Review Committee approves Con Con issue agenda
By Fili Sagapolutele fili@samoanews.com

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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.

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Comments to this story (7)
Con Con NOW  wrote:
29 May 2010 06:07 AM
A Convention for Con Men with corrupt hearts and minds. You get what you deserve folks. Its that simple.
Advocate/Actuality/RealityRepentantly  wrote:
23 May 2010 10:37 AM
I am hoping the Governor will address fairness to this constitutional convention. As far as look at all aspect of critical issue such "Land", and make changing to such. Because people they worked hard up keeping their lands for years and years. And they deserve to do whatever their hearts desired what to do, as afar as legally own their own land, instead of communal land still. To which is very unfair to those who worked hard cultivating, and up keeping them. And therefore, they should be able to lehally own such piece of land to themselves instead. No one can take any land with them when we die. But at least each one who cultivated, landfilled, up keep such land should be his/her legally own. We live in days of light and knowledge our father in heaven given us to enjoyed for the time been, and not forever. Those who move away to here and there, may decided to adobted their living at present location and place. It is should likewise to America type of living. Should entirely up to each family to decided what to do with their own piece of land.
Native Son  wrote:
22 May 2010 02:27 PM
If you think corruption in our government is bad now, take the responsibility of appointing the Chief Justice and Associate Justices away from the Secretary of the Interior and the Governor and his cohorts will run our beautiful American Samoa to the ground. Be very careful of what you wish for American Samoa. Our relationship with the U.S.A has worked well for over a century and most families have benefited greatly from the opportunities provided by that relationship. The effort to try and remove the federal government from monitoring your corrupt activities is absolutely self serving. Again, once you remove the watchful eye of the federal government from your activities, these crooks will be free to run our beautiful American Samoa to the ground.
Advocate/Actuality/Reality  wrote:
21 May 2010 05:10 AM
Cease individualization of communal land is unconstitutional, and totally wrong. People should move forward to modernization, rather living in the past of lives, won't make no progress for the future to every people in the terriotry. U.S. National citizens should be able to do whatever their hearts desired to their piece of land they up keep, and cultivate years around. Instead of some stranger move into the family as a toady, and snare, prey for a chance to move in, and take over my piece of land I cultivated with mine own money, to make livable. And this is absolutely wrong. And could lead to blood shed, not right at this moment but years to come. Would be better of let the people sell as they up keep. And to harvest some from all their hard works in up keeping such piece of land on their own. Slavery way of lives must stopped. If American Samoa people belive in God according to their emblem is concern! And so should be their action, by letting the people choose, and decided for themselves of what to do to their own pice of land, and move forward to real life and live. Everyone should be able to harvest the wealth of their own hard works they have done, to a piece of land they cultivated, and up keep for all their lives. It seems to me American Samoan way of lives has gotten "NO" future whatsoever. By continue on live in the past of lives. Communal land should changed its restraining concept. But let civilization way of life lead them to progression. Let the past perish, and let the future bring prosperty to all of your posterity without leading them astray. People come and gone, but the land maintain as is forever. People also move from one place to another, and have no desire to return back. And that's how life goes through migration for better life to some. But some will never change regardless, as we can see here according to communal land dispute issue. No one can take anything with them when die. Also our children, or whomever the samoan people thinking will make them heir of the land will never happen. As long as communal is in place. No one will be a heir to any of the property. The issue should be up to the respective discretion of the family cultivated the land, and up keep the land to decided. And not from the (sa'o) or anyone else. They never help cleaning up this land! And what make this constitutional Convention think its okay to cease individualization land ownership? It is absolutely wrong idea. And it will create blood shed, and more hatred and angry people to such issue regardless. "American Samoa Muamua le Atua" is an absolute way of putting such emblem. Instead of the other way, and that is why all the funds end up in western samoa according to eyewitness from the people at large. School issue is a must with integrity. Or else the children will never know what (Integrity) is. And they will continue following the same practice of (Dishonest) through out.
Leto  wrote:
20 May 2010 04:59 PM
What about, "Tutuila ma Manu'a muamua le Atua"? And what about the "People's Initiative"? You should strengthen ENGLISH in schools, We speak Samoan EVERYDAY, unless you teach and strengthen Samoan Language Arts and Culture (SLAC)
God Bless American Samoa  wrote:
20 May 2010 03:34 PM
The proposed approved version of the motto as stated above should read as approved and recommended by the committee: "Amerika Samoa, Muamua le Atua" It is decision time for American Samoa. We have to make some hard choices and I'm sure the 'selected' 145 villages and counties delegates are ready and up to the task of deciding which directions American Samoa is heading in the 21st Century. Here is your chance to be heard in the process...get selected as one of your village or county delegate for the convention in June 2010.
The Maverick  wrote:
20 May 2010 05:30 AM
Concern on the issues of removing the Secretary of Interior authorities to appoint the Chief Justice and associate Justice as well as overturning decisions made by the High court of American Samoa. The Governor's(administration) can influence the decision and there's no checks/balances to keep it in check if the Secretary's authority is removed. Strongly support strenthening the communal land measures and keep one Sa'o, not two as the head of the clan/family. When you give much power to the governor and the administration to appoint key positions in government, the more corrupt and weak the peoples side, and vice versa if voted independently, where upon the people's voice will be heard loud and clear. This is Democracy the people rules not a dictatorship, where the Governor and his cohorts will rule with an iron fist. The key areas of concerned and must voted in the general election are the Attorney General, Territory Auditor, of course the Senators. I have absolutely no trust whatsoever to those who are in leadership of governmnet unless there's an infrastructure that not only minimize corruptions but also closely scrutinize/monitor and to prosecute those who buck the system?
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