Ka Wai Ola - Office of Hawaiian Affairs, Volume 3, Number 9, 1 September 1986 — Samoa Official Wants New Treaty Provisions [ARTICLE+ILLUSTRATION]

Samoa Official Wants New Treaty Provisions

The Lieutenant Gpvernor of American Samoa is ealling for a new treaty with the United States. The Honor able Faleomavaega Eni F Hunkin Jr. told a Honolulu audience that- the territory "finds itself becoming less Samoan and more American", its people relegated to "Americans of Samoan ancestry" status.

ln an Aug. 14 address to the University of Hawaii Facific Jslands Studies Program Center, Hunkin noted that "Amenean Samoa was never annexed by the United States as a result of war or conquest. In the years 1900 and 1904, the traditional chiefs of the islands of Tutuila, Aunu'u and Manu'a, by means of executing two separate treaties of cession, freely ceded their islands to the U.S. with the understanding that native lands and Samoan customs and traditions be honored and protected." Congress, after ratifying these treaties in 1929, then delegated authority to administer the territory to the

president of the U.S. However, two years ago, a bill was adopted by Congress requiring congressional approval of any amendment'to the territory's constitution. Hunkin says that the present constitution, adopted in 1967, did not require congressional approval and that certain of its provisions dealing with loeal customs and traditions appear to conflict with the U.S. Constitution. Under the American system of government, Hunkin

says, the 1900 and 1904 treaties have the same force and effect as the provisions of the Constitution of the U.S. The 1967 territorial constitution is based on those treaties. He asks whether territorial constitutions should be subject to either Congressional or presidential authority.

The Lieutenant Governor urges the negotiation of a new treaty to clarify the poliheal relationship, not only between Samoa and the U.S., but alsoamong the island groups of Tutuila and Manu'a. The proposed new treaty, he says, should define whether Samoa adopted "Convenant" status like the Commonwealth of the Northern Manana lslands, "free association" status like the Federated States of Micronesia, Belau and the Marshall Islands, or "eommonweahh" status like Puerto Rico. Onee a treaty is signed defining Samoa's relationship with the U.S., Hunkin urges the leadership of Samoa to

eall a constitutional convention and organize a government based on the terms and principles outlined in the 1900 and 1904 treaties . . . not the U.S. Constitution. He points out that certain U.S. federal standards are "clearly incompatible with (Samoan) loeal traditions" and he questions "whether the Due Process and Equal Protection Clauses of the U.S. Constitution apply against those traditions and a loeal eommunal Iand tenure system."

Lt. Gov. Faleomavaega Lni F . Hunkin Jr. ot Amenean aamoa pays a courtesy eall to Office of Hawanan Affairs Administrator Kamaki A. Kanahele III.