MARCH 18, 1970. HONORABLE MEMBERS OF THE ELEVENTH LEGISLATURE, GOVERNMENT OF AMERICAN SAMOA, Pago Pago, American Samoa. DEAR HONORABLE MEMBERS: The Future Political Status Study Commission respectfully submits its report thus fulfilling its mandate under Public Law 11-39. Respectfully, SALANOA S. P. AUMOEUALOGO, Chairman. LE'IATO T., FOFO I. F. SUNIA, FAINUULELEI S. UTU, MUAGUTUTI'A F. TUIA, ACKNOWLEDGMENTS The Political Status Study Commission of American Samoa wishes to respectfully express its deep and sincere appreciation for the advice, help and courtesies which the Government and people of New Zealand, Fiji, Tonga, Western Samoa, Puerto Rico, Virgin Islands, and the State of Hawaii have extended to it. The Commission also extends its gratitude to the members of the Congress of the United States of America and their staff who generously made their time and offices available for the studies of the Commission; to the Director and Staff of the Office of Territories, Department of the Interior; and to the President and faculty of the University of Hawaii. The Governor and many officials of the Government of American Samoa donated their time and advice to the Commission and the Commission hereby acknowledges their contributions. The Commission wishes to express also its appreciation to the leaders and people of American Samoa and Samoan communities in the United States, Hawaii and New Zealand for their help and courtesies. Finally, the Commission wishes to acknowledge the assistance and aid of Mr. Dean Kaufman of the VISTA Legal Center in Pago Pago, American Samoa, who helped in the preparation and editing of this report. INTRODUCTION The Future Political Status Study Commission for American Samoa was created by Public Law 11-39 enacted by the Eleventh Legislature during its First Special Session in July 1969. The Commission was created in the context of increasing political awareness among the people of American Samoa. At the end of a decade which brought unprecedented physical and economic development to American Samoa and at the beginning of a decade which promises to bring even more wide-reaching changes, the ultimate political destiny of American Samoa has become a matter of much discussion, some confusion, and great importance. The Legislature gave the Status Commission a mandate to: (1) Study alternative forms of future political status open to American Samoa and to assess the advantages and disadvantages of each; (2) Study and appraise the history, the development and the present status of political units comparable or relevant to American Samoa, both within and outside the jurisdiction of the United States; and (3) Present a complete report of its findings and recommendations to the Second Regular Session of the Eleventh Legislature. To effectuate these aims, in September of 1969, the Commission toured Puerto Rico and the Virgin Islands. In Washington, D.C., the Commission conferred with members of the United States Congress and officials of the Department of the Interior. The Commission also took the opportunity of this trip to meet with Samoan communities in Los Angeles, San Diego, San Francisco and Honolulu, Hawaii. In November of 1969, the Commission visited New Zealand, Fiji, Tonga, and Western Samoa. The Commission studied the political status of each country and territory it visited. Economic development plans and programs were of particular interest, but education, health, and other social services were observed and discussed. The Commission's hosts generously provided the opportunity for the Commission to study these governmental operations. Upon returning to American Samoa, the Commission held a number of meetings with the leaders and people of the territory and continued to study the complex question of American Samoa's political future. This report is the summation of what the Commission has found and the conclusions it has drawn from those findings. There are six potentially viable political alternatives open to American Samoa. Briefly, these are: (1) Independence; (2) A union with Western Samoa; (3) Becoming an incorporated territory of the United States under an Organic Act; (4) Commonwealth status-similar to Puerto Rico's; (5) Becoming a county within the State of Hawaii; and (6) Retaining American Samoa's present status as an unincorporated insular possession of the United States. In choosing these six alternatives, the Commission has attempted to present to the Legislature a complete enumeration of the feasible paths open to American Samoa. It has discarded theoretical possibilities, such as statehood, which it feels are beyond any hope of realization, but has included several proposals which, although not likely, have articulate and vocal supporters within the Samoan community. This variety of public opinion is one of the outstanding characteristics the Commission has noted-and hopefully this report will present facts which will aid the people of American Samoa in making an informed and rational judgment about their political future. The Commission was created in a time of questioning. The Legislature and the people of American Samoa have begun to question the goals of their public education program, the structure of their courts, the priorities and planning of public construction, and the relationship between the branches of the Government of American Samoa and that government's relationship with the government of the United States. Beyond the complicated aspects of questions such as these lies the fundamental question of American Samoa's political future. An educational or judicial system well-suited for a society moving towards closer union with the United States might be quite inappropriate for a society seeking to emphasize its traditional values and political independence. A local government receiving increasingly large annual appropriations through the Department of the Interior is bound to evolve into a different relationship with the United States than a local government which receives such funding through other, more specialized channels. Thus, we cannot avoid considering our political future, for it necessarily enters into important decisions currently facing both the Legislature and the Governor. The function of this report is to explore and evaluate the political alternatives open to American Samoa, not to select an alternative on behalf of the people. The Commission's role is merely to provide an analytical report which can be the basis for intelligent discussion. The final decision rests, of course, with the people of American Samoa and the Congress of the United States. While the history and present status of American Samoa are in many ways unique (see Appendix), our society has much in common with other peoples of the world. We are not the first small and developing society to seek the protection and receive the economic support of a stronger and wealthier mother country. A study of other developing societies illustrates both the possibilities and the problems which the withdrawal of such political and economic bonds can cause in a land such as ours. A major purpose of this report is to enable American Samoa to understand and benefit from the experience of other people. With the foregoing in mind, the Commission presents its analysis and recommendations. I. INDEPENDENCE American Samoa is presently a possession of the United States of America. It has no sovereignty of its own and looks to the United States for those items which any area must have defense, currency and postage, status in international affairs, etc. If American Samoa were to become independent, it would be a sovereign state among nations, and although it might still contract with the United States to supply certain prerequisites of sovereignty, it would be "on its own" for all practical purposes. As an indepenndent nation, Samoa could enter into international agreements with any other nation, have its own foreign policy, have complete control of its internal affairs, in short-it could behave like any other sovereign state. Advantages 1. The primary advantage of independence would be that Samoans could order their own affairs without any more interference than they chose to request. Thus, as an independent state, Samoa could draft its own constitution, choose any system of government it desired, any method of land-holding and tenure, ad infinitum. 2. Independence would allow Samoa to be governed exclusively by Samoans. If so desired, all government positions could be reserved for Samoans, or even if some key non-Samoan personnel are required for the first few years, there would be increased participation by Samoans in their own government. 3. As an independent state, Samoa could choose its own foreign policy. It could have direct diplomatic relations with other countries, and participate in international organizations. As an independent state, it would be eligible for foreign aid, and could, if desired, provide by treaty for its military defense. 4. Independence would aid in the growth of Samoan pride and loyalty to Samoa-with whatever tangible an intangible advantages this might bring. Disadvantages 1. If Samoa were independent, it might well go broke. The present economy of American Samoa is quite limited, and withdrawal of U.S. financial assistance would, at best, cause at least a short-term drop in the standard of living. Samoa has very limited natural resources, including a miniscule land area, and tiny population by world standards. Although there are smaller nation-states (i.e. Monaco, Vatican City), they almost invariably have a peculiar base for their economy (tourism, religion, etc.), which an independent Samoa would lack. Samoa has very little arable land, and would have to either live on a subsistence economy or import foodstuffs. With its extremely limited industrial potential, it would be difficult for Samoa to earn the foreign exchange necessary to pay for these imports. A glance at Tonga or Western Samoa, both of which are larger than American Samoa in both land area and population base, should be sufficient to illustrate some of the economic problems independence brings. 2. Presently, American Samoa has one of the fastest growing populations in the world. Since American Samoans can freely emigrate to the United States, much of this growth has been absorbed by the states of Hawaii and California. If Samoa were independent, immigration into the United States might be severely restricted (c.f. Western Samoa) and the finite land mass of Samoa would have to support a greater number of people than it is capable of doing under present technology. Likewise, the United States may deport those American Samoans who are not United States citizens and who are now living in the United States, if Samoa severs its ties with the United States. This influx would, perhaps double the present population of American Samoa, and would create severe problems in jobs, housing, schooling and other social services. 3. An independent Samoa would be fair game for an expansionist major power. In order to preserve its independence, Samoa would almost necessarily have to contract with one of the major powers for its defense. This would nullify many of the benefits which sovereignty might provide. Samoa would lose credibility in world affairs, and might be considered a mere client-state of its military benefactor. Likewise, Samoa could not at its present economic level afford to maintain diplomatic relations with many other nations. So it would doubtless have to choose another power to represent its interests in world affairs. We need not look far to see both problems and the possibilities which this type of arrangement brings. 4. An independent Samoa could not expect entry of its exports into the United States under privileged conditions and might have a difficult time competing in world markets. 5. Independence may not be possible. Even if the Samoans choose to be independent, the United States may refuse to allow this secession. It is illusory to believe that Samoa could become independent unless the United States assented. While the reaction of Congress to a proposal that Samoa become independent is hard to judge, it is not inconceivable that Congress would refuse any such request-whether such refusal were "justified" or not. Recommendation Independence is the ultimate goal of any freedom loving people, including the Samoans. If possible, it is always better to be the master of your own house. However, at the present time, the Commission believes that independence is just not a practical choice for American Samoa. The Commission does not believe that an independent Samoa would prove to be an economically viable unit in today's world economy, and cannot recommend that Samoa exchange economic suicide for the more intangible benefits independence would bring. If in the future, Samoa became economically self-sufficient, the Commission recommends that independence be seriously reconsidered. II. UNION WITH WESTERN SAMOA The people of the various Samoan islands form a single ethnic group, sharing the same language and culture. Although never truly unified under a single ruler (see Appendix), Samoans have always considered themselves to be one people. Only within the past 70 years has "American" Samoa stood on its ownapart from "Western" Samoa. Western Samoa has been an independent nation since 1962. Its capital, Apia, lies approximately 90 miles west of Pago Pago. Western Samoa possesses a land area roughly 10 times greater than that of American Samoa and a population 4 times as large. Except for a brief period of German rule prior to World War I, Western Samoa was governed by New Zealand under a League of Nations mandate from 1918-1945 and a United Nations Trusteeship from 1945-1961. New Zealand, under a Treaty of Friendship, continues to supply Western Samoa with economic and technical assistance, and acts as Western Samoa's representative in international affairs. Western Samoa is primarily an agricultural country, and depends upon exports of bananas, copra and cocoa for foreign exchange. Since independence, Western Samoa has been financially independent, but has accepted grants from New Zealand to aid in education and agriculture. Advantages of union with Western Samoa 1. A unified Samoa might have a stronger economy than the present, divided Samoa. Western Samoa has extensive tracts of arable land, something which American Samoa sorely lacks, and American Samoa has an outstanding harbor, which could be a key factor in the industrial development of a unified nation. Similarly, the increased population and land base of a unified Samoa should provide larger markets and a greater pool of trained talent-both of which would serve as economic stimuli. However, both American and Western Samoa remain primarily agrarian societies, and at present their economies are more redundant than complimentary. 2. If Samoa became a single nation, Samoans would be able to control their own affairs. In this respect, union has many of the advantages which independence offers. Samoan traditions could be protected to the fullest extend, and land ownership could be restricted. Likewise, all of the people of Samoa, as members of an independent Samoan nation, would benefit from the advantages which sovereignty offers in international affairs. 3. If all the Samoan people were unified as residents of a single nation, Samoan national pride would be increased. Putting the "two Samoas" back together again would show the world that artificial lines drawn by foreign powers need not permanently divide a people. Disadvantages of union with Western Samoa 1. Western Samoa is a parliamentary democracy, modeled upon the British system. American Samoan's representative institutions fall into the United States mold. If the two Samoas were to merge, one would have to sacrifice its form of government. Likewise, American Samoa's voice in a unified Samoa might well be muffled by the larger population of Western Samoa, no matter what form of government is chosen. 2. At present American Samoa must import food. If the United States no longer supplied federal funds to a unified, independent, Samoa-paying for these imports might become difficult. At the present time, however, wages and prices are higher in American Samoa than in Western Samoa. If the two Samoas joined, many American Samoan wage-earners would have to accept substantial decreases in salary. 3. Both Western Samoa and American Samoa have experienced large emigrations of their people-to New Zealand from the former and to the United States from the latter. If Samoa became an independent country, one or both of these "safety valves" might be closed. Without emigration, overpopulation could rapidly become a serious problem in a unified Samoa. 4. At present, neither the leaders of Western Samoa nor the leaders of American Samoa favor a union. The Commission conferred at length with Western Samoa's leaders during its recent trip, and detected no enthusiasm for merger. Likewise, none of the Commission members favor merger at this time. Recommendation The Commission, after reviewing many reports and discussing the matter with leaders of both Western Samoa and American Samoa, does not recommend merger at the present time. Although this alternative might prove desirable at some time in the future, neither American nor Western Samoa is ready for merger under present economic and political conditions. III. ORGANIC ACT STATUS At the present time, the only Congressional declaration about American Samoa's political status is contained in the Act of February 20, 1929, which declares that until Congress shall provide for the Government of the islands of American Samoa, all civil, judicial, and military powers shall be vested in such person or persons as the President of the United States shall direct. Specific provision for the "government of the islands of American Samoa" would be accomplished through Congressional passage of an Organic Act, which would make American Samoa an incorporated territory of the United States. It is this alternative which will now be discussed. Advantages of Organic Act Status 1. An Organic Act for American Samoa would specifically define the rights and privileges of American Samoans by providing a permanent Constitution for American Samoa and would end the uncertainty which now exists over the extent to which the United States Constitution applies to American Samoa. 2. In clarifying the extent of application of the United States Constitution, however, an Organic Act passed by Congress would not be likely to permit the continued legal protection of the Samoan land and matai systems. These institutionalized aspects of traditional Samoan life are profoundly antithetical to the principle of equal rights for all citizens which is embodied in the American Constitution. It is therefore highly doubtful that Congress would restrict the application of the Constitution so as to permit the continuance of the Samoan land and matai systems. 3. A popularly-elected Governor might soon become a reality rather than a dream under Organic Act status, just as it has the Virgin Islands under its Organic Act. 4. An Organic Act would allow the judicial system of American Samoa to be integrated into the federal court system. Thus, persons aggrieved by decisions of the local court would be guaranteed the right to appeal to higher federal courts. Disadvantages of Organic Act Status 1. The major disadvantage of Organic Act status would be the threat it would pose to the traditional Samoan social structure. Even if Congress could be persuaded to allow local legislation protecting the Samoan land-tenure and matai-title systems, such legislation might well be held unconstitutional. As the Honorable Albert B. Maris, while a judge of the Third Circuit, United States Court of Appeals wrote to the Secretary of the Interior on October 3, 1960: "The people of Samoa, as their constitution indicates, cling with remarkable tenacity to their ancient customs and their communal family land holdings and way of life with its matai system of titled and privileged heads of families set above the untitled people of the community. For 60 years the United States has recognized and supported these customs. But they are wholly inconsistent with our American System of individual enterprise and property rights and they would, therefore, be doomed to ultimate destruction if we should set upon a course of preparing the people for American citizenship with the accompanying constitutional obligation to accord stateside Américan citizens equal rights in property and commerce in Samoa." 2. An Organic Act may well lead to the "development" of American Samoa by industrialization or as a tourist-haven. While it is difficult to fault an expanded economy, expansion at the expense of the Samoan people, similar to the subjugation in Hawaii of the Hawaiians, is hardly desirable. |