‘Abolition of Article 12 not the solution to the economic crisis’

If those who believe the CNMI Constitution’s land alienation clause—Article 12—is discriminatory, then they must also believe that the Covenant agreement is discriminatory, according to a lawmaker.

Speaking at the regular meeting of the Saipan Chamber of Commerce, Rep. Ramon Tebuteb said that in order for people to fully comprehend the complexities of Article 12, it is equally important to assess the fundamental principles of the Covenant as a whole.

“If Article 12 is discriminatory, is the Covenant agreement discriminatory as well? Although I may be able to vote for the U.S. President, via residing in the U.S. mainland, am I being discriminated against with my fundamental right to vote via my decision to remain in the CNMI?” he asked the crowd, adding that there are always different opportunities for people to do in life.

“The CNMI is not a territory of the U.S. The transformation of the definitions of our political system came from the United Nations in which the U.S. is a member of and thus our mutually consented agreement—the Covenant—is a political union with the U.S. The applicable provisions of the U.S. Constitution are not applicable to the CNMI in its entirety…there are only a few provisions applicable to us,” Tebuteb said.

Article 12 restricts the sale of land exclusively to persons of Northern Marianas descent. Section 805 of the Covenant allows the CNMI to revisit its land alienation restrictions 25 years after the termination of the Trusteeship Agreement in 1986. That 25-year period will end in 2011.

Tebuteb believes that changes that will affect economic growth demands greater understanding of the CNMI’s unique relationship with the United States.

“If Article 12 is the cause of the downturn of our economy, and it caused the airlines to pull out the CNMI, will the [abolition] of Article 12 improve the economic conditions we face?” he asked.

Tebuteb acknowledged, though, that many legitimate and valid concerns have been raised about the land alienation law.

Former House speaker Pedro Deleon Guerrero also urged people to support the law’s retention, saying there’s a great need to “educate” the public and the community on what land alienation is all about.

David Sablan, a member of the group pushing for the abolition of Article 12, yesterday focused on one of the law’s provisions that would prohibit his non-NMD grandson from inheriting and owning family land.

Sablan recommends creating a formal forum for the public to be properly informed on all issues and concerns related to Article 12.