Senate defeat of Article 12 initiative galvanizes popular initiative movers

The Citizens for Change of Article 12 or CCART 12 is disappointed with the Senate’s defeat of a legislative initiative to place the question of Article 12 in the Nov. 6 ballot, but the group is emboldened to pursue gathering signatures to place the question on the ballot.

Article 12 of the NMI Constitution restricts landownership in the CNMI only to persons of Northern Marianas descent, or NMDs.

CCART 12 chair Efrain F. Camacho said yesterday that a popular initiative is now the way to go after the Senate killed the legislative initiative.

“We’re very disappointed. We don’t understand the rationale by senators. By defeating the legislative initiative, they killed the chance of having the people decide on the issue. They should have let the people decide on Article 12,” Camacho told Saipan Tribune.

CCART 12’s end goal is to have Article 12 abolished or repealed in its entirety. But even before that could happen, the question of whether to retain or repeal Article 12 should first be placed on the ballot, and that’s why CCART 12 is gathering signatures.

Camacho said CCART has so far gathered some 2,300 signatures of registered CNMI voters and they are continuing to gather some more.

They need over 7,000 to have it placed on the ballot. It targets some 8,000 signatures just to be on the safe side, because the Office of the Attorney General still has to review and certify which of the signatures are valid.

Had the Senate passed the legislative initiative and the House followed suit, the Article 12 question would have been on the ballot for voters to ratify.

Both supporters and opponents of a repeal of Article 12 use the phrase “for the protection of NMDs” to argue their point.

Camacho questioned the argument of those who want Article 12 retained.

He reiterated that current NMDs are already losing their land because of the blood quantum requirement, and future generations will lose their right to own or inherit land from their parents if blood quantum continues to be diluted.

For example, many NMDs are marrying outside the Chamorro/Carolinian bloodline. Several NMDs are now only 25 percent NMD and most likely will be marrying non-NMDs.

“So how is Article 12 protecting an NMD that is less than 25 percent bloodline?” he repeated. Instead of protecting NMDs, Article 12 is now depriving NMDs of landownership, he said.

On Tuesday, only Senate President Paul Manglona (Ind-Rota) voted “yes” to Legislative Initiative 17-10. He is the author of the initiative. There were eight senators present. One was absent.

Of the eight, Manglona voted “yes” to SLI 17-10, five voted “no,” one abstained and one voted “present.”

Sen. Henry San Nicolas (Cov-Tinian), among those who voted “no,” said that Article 12 should be retained to protect future generations of NMDs and to prevent foreign landownership.

Camacho said they are only talking about private lands and not public lands, which still comprise the majority of lands in the CNMI.

He said the government should not continue dictating how private landowners should manage or use their private property.