Drive launched vs Art. 12 restriction By MAR-VIC CAGURANGAN

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Posted on Nov 02 1999
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Critics have launched a campaign against a legislative initiative seeking to restrict to the indigenous residents the right to vote on issues involving land ownership in the CNMI.

The opposition, led by DFS Saipan president Marian Aldan-Pierce, is urging the CNMI voters to reject the proposal, which is one of the issues they will have to decide on when they fill in the ballots on Saturday.

The proposal is contained in Legislative Initiative 11-1 which provides that “only persons of Northern Marianas descent can vote on constitutional amendments affecting the protection against alienation of land,” commonly known as Article 12.

LI 11-1 requires a majority vote to become a law. It is one of four proposed constitutional amendments which are up for voters ratification on Nov. 6.

In an open letter to the CNMI voters, Aldan-Pierce said she deplores the lack of public education about LI 11-1.

“Apparently, its sponsors want you to simply vote ‘yes’ without knowing how you are changing our precious constitution.,” she said.

Aldan-Pierce warned that if the legislative initiative takes effect, the government would have to deal with potential costly court battles with parties contesting the future list of “authentic indigenous.”

“How will the board of elections decide who can vote and who cannot vote in the future?” Aldan-Pierce asked.

Determining those who belong to the indigenous category would not be an easy task, she warned.

“Evidence which must trace one’s lineage back to the post-war era, is hard to obtain,” Aldan-Pierce said. “Decisions will be fought hard, especially once a negative decision will call into questions an entire family’s right to own its land.”

She warned that any local family determined to be “not of NMI descent” faces the risk of forfeiting their land to the government.

“As you can see, this is going to lead to heartbreaks for families, long court battles and a loss of government revenue in litigating these issues. Is this how we want to spend our government money?” Aldan-Pierce asked.

Under the CNMI Constitution, a person who is determined to be of NMI descent refers to a US citizen or national with at least 1/4 Chamorro or Carolinian blood, or a combination of both; or a person adopted by a somebody who is of NMI descent before reaching the age of 18.

Aldan-Pierce said the vote-restriction initiative, if ratified by voters, would result in depriving several individuals, especially those born to interracial marriages, their basic rights and freedom in their own land.

“What happens to these children who are only 1/4 Chamorro or Carolinian blood? They lose their freedom to marry whomever they please. If they marry a non-Chamorro or non Carolinian person, their children will be 1/8 blood,” she said.

“In other words,” she added, “they may carry the culture and the language, but they will not be able to own land.”

Aldan-Pierce urged the CNMI voters to decide seriously if they want to keep “drawing distinctions between people.”

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