Signature campaign to put Article 12 in ballot begins

Voters can now start signing a petition to put the question on Article 12 or the land alienation provision of the NMI Constitution in the Nov. 6 ballot.

The Citizens for Change of Article 12 launched on Friday the Article 12 signature campaign.

The title of the initiative is “To propose a constitutional amendment for the people of the Northern Mariana Islands to vote to repeal Article 12.”

“This petition considers that under these circumstances, it is in the best interest of the Commonwealth and its citizens that the question whether or not to retain or repeal Article 12 be resolved by direct action of the people by placing this issue on the ballot at the next election,” a portion of the petition reads.

Efrain F. Camacho, chairman of the Citizens for Change of Article 12, said the group wants to make it very clear that the signature drive is only a petition to get Article 12 in the November ballot.

“So we want everybody to sign whether you are for Article 12 or against Article 12.By signing the petition, you are not voting ‘yes’ or ‘no’. You are only voting to have it in the ballot,” Camacho told Saipan Tribune in an interview on Saturday afternoon.

Camacho said they need some 3,000 signatures from Saipan, Tinian, and Rota voters to have the Article 12 question in the ballot.

The group’s “ultimate plan” is to have Article 12 repealed or abolished in it entirety but to even ask that question, voters first need to decide whether they want the question in the ballot.

If this succeeds, Article 12, Sections 1 to 6 of the NMI Constitution will be repealed.

“Section 1: Alienation of Land” states that “the acquisition of permanent and long term interest in real property within the Commonwealth shall be restricted to persons of Northern Marianas descent.”

Former representative Diego Benavente, one of the core members of the Citizens for Change of Article 12, said yesterday that the group decided to pursue a popular initiative because all of the legislative initiatives have not been approved yet by both houses of the Legislature.

“The legislative initiatives just don’t have the vote to pass at both houses,” he added.

Camacho described the popular initiative as “the most difficult route.”

“We asked the Legislature to do it themselves, they told us ‘no.’ So we’re going the most difficult route to essentially get majority of the votes in the senatorial districts,” he added.

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 ended in 2011, just in time for this year’s midterm polls to be able to ask voters.

The Covenant established the political relationship between the United States and the Northern Marianas.

“Article 12 has been extensively discussed within the (CNMI) over the past 25 years. Proposals to address the problems caused by Article 12 have been considered by the CNMI Legislature on several occasions and by the 1985 Constitutional Convention, but none of them has been enacted. These proposals have divided the community with strongly held views expressed by both supporters and opponents to repeal Article 12,” the petition says.

It also says it is believed that this discussion over the years has provided sufficient opportunity for citizens of the Commonwealth to have better understanding of the problems associated with Article 12.

If one wants to sign.

The Citizens for Change of Article 12 is encouraging voters on Saipan, Tinian, and Rota to sign the petition, and those who wish to do so or would like to ask questions are urged to contact any of the core members:

-Efrain F. Camacho, chairman of CCA12 and president of EFC Engineers & Architects. His office is on the second floor of the Bank of Hawaii Building, from 8am to 5pm Monday to Friday; office number, 322-7814; or mobile phone number, 483-7814.

-David M. Sablan, treasurer of CCA12. His office is on the ground floor of JP Centre along Beach Road in Garapan. His office number is 235-0560 ext. 109.

-Former representative Diego Benavente. His mobile phone number is 483-5848.

The other CCA12 core members who could be contacted are: Atty. Vince Seman, vice chair; former senator Frica Pangelinan, secretary; Alex Sablan; Jay Santos; Maggie Sablan; Cathy Cepeda; John DelRosario; and Jesus Elameto.

The group will also be distributing copies of the initiative and signature sheets for those people who want to help gather signatures on Saipan, Tinian, and Rota, as well as in U.S. states where there are major concentrations of NMDs from the CNMI.

‘Fairness’

Article 12’s retention or repeal has been drawing varied views from the community.

Members of the Citizens for Change of Article 12 have been among those actively involved in healthy discussions of the matter.

Camacho said these discussions help ensure that most people would know more about Article 12 instead of only its “supposed protection of Northern Marianas descent.”

“But if you look closely at the provisions, they are working against a lot of NMDs and as time progresses, there will be more dilution of blood because of mixed marriages. The 25 percent blood quantum will soon be lower than 25 percent so those (persons) will be without right to own fee simple land in the Northern Mariana Islands. So you ask yourself, is Article 12 then protecting NMDs?” Camacho said.

He pointed out that if an NMD couple or an NMD adopts a minor child from anywhere in the world without any Carolinian or Chamorro blood, that adopted child will be considered 100 percent NMD.

On the other hand, an NMD who marries a non-NMD will have a child considered only 50 percent NMD.

“That’s the inequality we’re talking about,” Camacho said.

Camacho reiterated that Article 12 was never intended to be a permanent fixture in the Constitution.

He said there are several families on Saipan, for example, whose children now have 25 percent NMD blood.

“They (children) are now away in school.Chances are, those kids are not going to marry Chamorro or Carolinian.They’re going to have families and their kids will have 12.5 percent..They’re out,” he said, pointing out that it is unfair for these children with NMD blood to not have that right to own land in the CNMI.

He said “the only people that will benefit are lawyers. Because people will be taking this matter to court .to find our whether you are eligible or are you not.”

Another example he cited is a family with three siblings of 50 percent NMD blood. If two of them married a non-NMD, their children will have 25 percent NMD blood. When it comes down to the grandparents passing land to their children, grandchildren, and great grandchildren, only those whose parent married an NMD will have the right to own land.

“Now tell me, where is the fairness in that? And people, I don’t think are thinking that far in advance to realize that the best way really is just to remove Article 12 so that no matter what happens, my great great great grandchild will still be able claim land after all the blood lines stays,” Camacho added.

‘Don’t compare us to Hawaiians, others’

Camacho said it is not right to compare the Chamorros and Carolinians with Hawaiians.

“Hawaiians do not have individual ownership of any land. The land in Hawaii belongs to either a queen or a king. It’s a clan. So we can’t compare ourselves to Hawaii. The individual Hawaiians never had land title on their own. And the reason why you have the Parker (as an example of property owners in Hawaii), these are (descendants of) missionaries that came to Hawaii, and the king and queen opened their hearts out to these people and they rewarded these people for helping them. They gave them land,” he said.

He said the CNMI cannot be compared to the Philippines either where one also cannot own land unless you’re a Filipino citizen.

“And yet there are investors coming to the Philippines. You know what the biggest difference is? There is no U.S. federal law there. They have completely different laws. The Philippines is big, has millions of people, has natural resources, is a very rich country. Saipan is going to be 36,000 people in the not-so-distant future. Do we have a waterfall that we can tap to generate electricity? Do we have a gold mine, do we have oil? What do we have? Nothing?” he added.

He said the CNMI cannot also be compared to Palau, which is not under federal regulations.

Camacho said the CNMI shouldn’t be compared to Guam, too.

“People selling their land is a choice.. Ask those people who sold their land in Tumon (Guam, for example). I bet they’re happy they sold their land, went to California and bought a house California. So you need to look at benefits,” he said.

He reiterated that abolishing Article 12 is not going to force anybody to sell their property.

“You can still lease it, you can still sit on it, or if you decide to sell it, then your are selling it in an open market, you are going to be getting your fair price instead of what it is now which is depresse. It’s sad that properties are now being bought at sometimes 75 or 50 cents to a dollar,” he added.

Another initiative has also started, which seeks to put the question of Saipan casino in the ballot. This, after CNMI-wide and local bills seeking to legalize casino gambling on Saipan failed to pass both houses or vetoed.