A view from the other side of the Article 12 fence

[I]“ It is necessary to construct certain safeguards at the outset of the Commonwealth government to ensure that the change in the political order is supported by the stability in the social order.”
—Analysis of the CNMI Constitution, Dec. 6, 1976[/I]

At first glance, Article 12 of the CNMI Constitution—“a requirement that the acquisition of permanent and long term interest in real property be restricted to persons of Northern Marianas Descent”—seems to be racially motivated. Though not a constitutional expert or real estate investor, a layman at best trying to comprehend issues that affect our island community, I have to disagree. The provision is a focal point of determining who are the people of the Northern Marianas. A basis of identifying individuals whose allegiance and patriotic leanings was with the Trust Territory government, and before the Trust Territory times. Scrutinizing NMDs closely would reveal that they are actually people of different races. For the majority of people living in the Marianas during and before the Trust Territory government were actually from the different islands of Micronesia, and other Pacific islands. According to the analysis of the CNMI Constitution, “…one major consideration for inclusion to be identified as a NMD is allegiance to the TT government.” Understandably, foreigners, Americans, and other nationals will be excluded because their allegiance is somewhere else. Aspirations of the people of Mariana Islands during the TT times were to negotiate a closer relationship with the United States of America. In order to do this one has to establish a valid criterion of determining who are the people of the Northern Marianas for negotiations, suffrages, plebiscites, and other authentic self-determination purposes. Remember that the Trust Territory times was a decolonization era. Political self-determination of trusteeships must be the real aspirations of the people indigenous to the Pacific islands. Genuine wishes of the people that can withstand United Nations’ and international scrutiny. Article 12 establishes clearly who were domiciled in the Marianas during the 1950’s for inclusion as NMD, regardless of race.

Maintaining the CNMI’s land alienation provision seems to be a step back in today’s advanced global economy. But the same argument could be made against environmental preservation and conservation efforts being pursued in different parts of the world. The argument is: preserve now for foreseeable future use. Three main issues disagreeable to the proponents of abolishing Article of the CNMI Constitution emerges: 1) Too few people could own land, thus the market base for economic activity is limited. 2) Adoption of non-NMDs, enabling them to be eligible to own land in the CNMI, bloodlines notwithstanding. 3) Spouses inherit land by default even though they are non-NMDs.

Although I am for maintaining Article 12’s main provision, I am however agreeable to amending the blood quantum requirement. Authenticated proof of family lineage once established should be enough to meet the requirements of being a bonafide Northern Marianas Descent for purposes of landownership. Land probate decrees could be a tool to identify ancestry, and as well as a legitimate family genealogy. The Northern Marianas Descent registry can also be a source of reference for validation of lineage. In essence an individual with .01 percent blood quantum could own land, and be considered as a NMD if blood quantum requirements in the provision is amended. Adoption of non-NMDs should not be an issue, unless unscrupulous parties are egoistically profiting from the benefits of a CNMI adoption processes for land transactions. Proving Northern Marianas Descent kinship in questionable “adoption deals” will be a challenge, especially if put to a test by legal scrutiny or any traditional inquisitive methods. The Chamorro and Carolinian families know one of their own, and take care their own regardless of color, race, and national origin. Be it legal adoption processes or traditional adoption practices, if you’re family you’ll get your share.

On spousal inheritance of land by default, if conjugal relationship is not the most important foundation of society since ancient times, I know not where to place the integrity of family relationship. It is difficult to hide fake marital relationship in our island community. For a family relationship to work, it starts with two, two to tango.

Land foremost is the casting force that molds the cultural identity of a people that inhabit a certain area. Plainly, if this is untrue, Filipinos did not originate from the Philippines, Japanese nationals did not hail from the country of Japan, Chinese citizens are not from China, Anglo-Saxon Americans did not come from Europe, the Kayapo people are not indigenous to Brazil, and Afro-Americans have no ties with the land called Africa. Land always plays an important role in the development of societal structures in any given community. Historically, cultural identity and cultural heritage of a group of people is integrally connected to the geographic location that they occupy. People’s determination for self-governance derives its aspirations from the land they call home. If false, establishing any form of community order in any place will not be possible.

The Covenant is a sophisticated demand from a 15,000 people far out in the Pacific area. Complicated land transactions have been conducted by NMDs since the establishment of the Commonwealth, and even before that. It would be a big mistake to be deceived by appearances of NMD’s unsophisticated demeanor toward progress in land transactions.

Successfully, NMDs negotiated a political union with the United States, which was overwhelmingly supported by the U.S. Congress. Surely, whatever the people/NMDs decide, to abolish or not the land alienation provision, it is for the good of all people of the Northern Mariana Islands.

[B]Bryan Manabat[/B] [I]Chalan Kanoa, Saipan[/I]