Article XII must stay

By PEDRO R. DELEON GUERRERO
Special to the Saipan Tribune

First, the debate on Article 12 is for persons of Northern Marianas descent only, including voting for or against Article 12 if and when such political question is placed on the ballot. To participate in such debate and to question the establishment of a Northern Marianas Descent Registry by other persons or organizations is disrespectful and insulting and an act against the custom, culture, and tradition of persons of Northern Marianas descent.

Article 12 is about the continued existence of persons of Northern Marianas descent and their rights, privileges, and opportunities, hence it shall be debated and decided “only” by the people of the Commonwealth who are persons of Northern Marianas descent and that should be accepted and respected by all regardless.

Now, the issue being presented by the advocates to repeal Article 12-that Article 12 caused the collapse of the Commonwealth’s economy is false. Understand that our economy depends largely on the economies of countries like Japan, Korea, Taiwan, China, Russia, the Philippines, and others that support the Commonwealth by way of tourism and other business developments and investments. Unfortunately, our economy started to sink and worsen due to 1) the invasion of Kuwait by Iraq in the late ’80s; 2) SARS; 3) the war in Iraq and Afghanistan; 4) the 9/11 attacks on the United States; 5) the fall of the economies of the United States, Japan, Korea, and other countries; 6) the closures of the garment industry due to WTO’s approval of the World Trade Agreement; 7) the pullout of Continental and Japan Airlines’ direct air service to Saipan; and others.

Should Article 12 be blamed also for U.S. Citizenship and Immigration Services’ policies that are restrictive and unattractive in promoting tourism and foreign investments in the Commonwealth, hindering economic recovery and growth on Saipan, Tinian and Rota?

In one of Saipan Chamber of Commerce’s luncheon meeting held at the Saipan Grand Hotel, Rep. Ray Tebuteb and I personally challenged its members to name at least one thing that Article 12 caused the Commonwealth’s economy to fall. I raised the same challenge to the Citizen for Change of Article 12 when they made their presentation on such an issue at the House of Representative. Neither of these organization responded to the challenge. Why? Because they have nothing to prove that Article 12 is responsible for the collapse of the economy in the Northern Mariana Islands.

The Citizen for Change of Article 12 now blames Article 12 for home foreclosures. Ridiculous! Article 12 is not responsible for: 1) reduced employees’ work hours resulting in less pay; 2) rise in unemployment; 3) layoff from jobs; 4) non-payment of home mortgage loans, etc.

According to them, the solution to avoid home foreclosures is to repeal Article 12. You will then have a choice to sell your home or property to any other person at a higher price. But the truth is that foreclosed homes in the Commonwealth, including in the U.S. territories and the U.S. mainland, are sold or auctioned at prices way below their bank’s book value. It is because of the economy-not Article 12. True, you can then sell your home or property to any other person, but most likely, at such low price offered by such buyers. And you may end up with nothing in return because the bank may take all and probably you may still end up owing the bank. You will lose your land forever, become landless, homeless, and end up sleeping on benches, streets, parks, you name it. This is now happening in the State of Hawaii and the U.S. mainland. You have that choice too. You decide!

The one advantage to repealing Article 12 is the option it offers landowners in the Commonwealth to sell their property to any other person regardless, but it is not one that will guarantee economic recovery and growth in the Commonwealth and particularly, in promoting and achieving economic advancement and self-sufficiency for persons of Northern Marianas descent. Repealing Article 12 will do more harm than good to persons of Northern Marianas descent. It will eventually take away the rights, benefits, interests, and the protection of persons of Northern Marianas descent against exploitation, which is provided under Section 805 of the Covenant and Section 1 of Article 12, as well as Article 11 of the Northern Mariana Islands Constitution. And it will definitely eliminate from the face of this Earth the true identity of persons of Northern Marianas descent as such person is defined under Section 4 of the Article 12.

In reference to Article 11, its Section 1 states that “public lands belong collectively to the people of the Commonwealth who are person of Northern Marianas descent.” Such persons will no longer exist if Article 12 is successfully repealed in its entirety by the voters. Will public lands then belong to all legal residents of the Commonwealth? And pursuant to Article 12, Section 5(a), will legal residents of the Commonwealth then be allowed to receive village and agriculture homestead lots? And will they then become stakeholders to funds invested by the Marianas Public Land Trust pursuant to Article 11, Sections 5(g) and 6(b), and Sections 803(a) and (b) of the Covenant? Probably, yes-if Article 12 is repealed. These are legitimate concern that persons of Northern Marianas descent should consider seriously before voting to repeal Article 12.

The Covenant, Section 805, where in part reads: “the government of the Northern Mariana Islands, in view of the importance of the ownership of land for the cultural and tradition of the people of the Northern Mariana Islands, and in order to protect them against exploitation and to promote their economic advancement and self-sufficiency (a) will until twenty-five years after the termination of the Trusteeship Agreement, and may thereafter, regulate the alienation of permanent and long-term interests in real property so as to restrict the acquisition of such interest to persons of Northern Mariana Islands descents,” is very clearly stated and it is for the same reason that Article 12 must stay.

It should be made clear that Section 805 of the Covenant does not mandate that the issue on the acquisition of permanent and long-term interest in real property within the Commonwealth pursuant to Section 1 of Article 12 shall be placed now before the voters to consider its fate. And nowhere is there in the Covenant or the Northern Mariana Islands Constitution that mention or require the placing of Article 12 in its entirety now before the voters to decide whether or not to repeal it. Section 805 of the Covenant made reference only to such provision provided in Section 1 of Article 12. Yes, such provision or only Section 1 of the Covenant may be placed before the voters now, but not necessary.

Our forefathers taught us the importance and value of our lands and our surrounding waters and how these relate to our culture, heritage, and livelihood, and our continued existence as a people of these islands. We were told to never let our lands go-to hold and pass them on to our children and their children’s children. And in our custom, we must respect and obey!

These beliefs and practices are embraced also by indigenous islanders throughout the Pacific region and the Native American Indians in the U.S. mainland, Alaska, and Canada. As mentioned earlier, Section 805 of the Covenant that established our political union with the United States recognizes the importance of the ownership of lands for the culture and traditions of the people of the Northern Mariana Islands. Also, Section 806 of the Covenant states that: “The United States will continue to recognize and respect the scarcity and special importance of land in the Northern Mariana Islands.” American Samoa Delegate Eni Faleomavaega echoed such value and importance of land for the people of American Samoa when he was quoted as saying, “Land is the umbilical cord that ties our people and our society to our culture. Once you break the trusteeship relationship between the matai and his responsibility as a trustee of his communal lands there will be no more Samoan culture.”

Similarly, to repeal Article 12 is to destroy the very foundation that holds and promotes our culture, heritage, and identity as Chamorro and Carolinian people of Northern Marianas descent, and the pillar that have stood the test of time and weather, holding us together as indigenous people of the Northern Mariana Islands will collapse, ending the true identity and existence of the Chamorro and Carolinian people of Northern Marianas descent from the face of this earth-forever. Hence, Article XII must stay.

Pedro R. Deleon Guerrero is chairman of the Marianas Public Land Trust board and is a former House speaker.