‘Article 12 means eventual loss of landownership and investors’

 A board member of the Saipan Chamber of Commerce emphasized the need to abolish Article 12 in the CNMI Constitution, saying that the land alienation provision “is essentially outdated” and inhibits future generations from owning land.

“The way the Constitution is written, with many new bloodlines that have less than 25 percent Northern Marianas descent, you lose your right to own that same land so that’s basically why we think that Article 12 must be repealed, to give respect to those people that now own land and may continue to own land into the future generation,” David M. Sablan told reporters after the Saipan Rotary Club meeting yesterday.

Northern Marianas descent, as defined by Section 4 of Article 12, is a person who is a citizen or national of the U.S. and who has at least one-quarter Chamorro or Carolinian blood or is an adopted child of an NMD if adopted under 18 years old.

Since the CNMI has become a “melting pot” of different cultures-Bangladeshis, Chinese, Filipinos, Japanese, Koreans-Sablan said Article 12 does not take into consideration those NMDs who are in mixed marriages.

As one goes down the line of these unions of NMDs with non-NMDs, Sablan explained that it will lead to loss of land ownership rights. “Their children can no longer own that land because their bloodline is less than 25 percent.”

According to Sablan, the only way to prove NMD bloodline in land ownership is through the judicial system, which “is the difficult part.”

“This can become very expensive and we don’t think that we should go through that route because I know who I am. I own the land fee simple. Why should I go to court to try to prove what I am or who I am?” he added.

Sablan noted that there are “a lot” of people in the CNMI belonging to local lineage who are no longer able to own land, including those at the Legislature. “We intend to do that,” said Sablan, referring to the conduct of a survey or scientific study to come up with the figures to support their claim.

Keeps away investors

Sablan, who has never supported Article 12 “from day one,” said that it also makes potential investors “reluctant” to put their money in the CNMI since they do not have the right to own a fee simple land and not a public land.

Sablan, who is also affiliated with the group Citizens for Changing Article 12, cited as an example a hotel owner on Saipan who wanted to buy the land and, upon learning that he couldn’t, moved to Guam where he bought five hotels, including the land where the hotels are situated.

Sablan pointed out that the CNMI needs to have an “investment potential” atmosphere if it wants to improve its economic development. “And we can. But we are not going to do anything until we see to it that Article 12 is taken off the books so that once and for all, those people that own land can do whatever they want to do with the land.”

He emphasized that repealing Article 12 “does not mean that you’re going to lose your land.” Repealing it, Sablan said, gives landowners “a better grip and hold on your land” since they will have the ultimate or unilateral right to their land.

Educational process

With the CNMI scheduled to revisit its land alienation restrictions 25 years after the termination of the Trusteeship Agreement in 1986-which means this year-Sablan said they are trying to educate as many people as they can to gather support for their conviction.

He said they conduct presentations to discuss issues concerning Article 12.

“I really hope that I get the support from the general public and I’m quite sure that we will once they know what I am trying to accomplish, or at least [what] the core group will accomplish by repealing Article 12,” added Sablan.