U.S.-Micronesia Wheeler Deals

For A Place In The Sun

From TOM BRISLIN in Guam

In April, this year the US Pacific territory of Guam will initiate the drafting of its own constitution in an exercise of further political autonomy within the federal American govern mental system.

A bill allowing this Pacific territor ry, and the Atlantic territory of the Virgin Islands to draft their own self governing documents was approved late last year by the US Congress and President. The Guam Legislature converted this enabling legislation into a local law setting up the procedures for the election of local delegates to a Guam Constitutional Convention and for the conduct of the drafting process.

Guam’s neighbouring islands, the Northern Marianas, at the same time completed the draft of their organic constitution as a further step toward obtaining Commonwealth status with the US.

The Northern Marianas since World War II have been members of a strategic Trust Territory with five other Micronesian island groups, administered by the US under a mandate by the United Nations. That mandate included a requirement that the US foster self-government among the Micronesian Islands by 1980. The Northern Marianas split from the other Micronesian groups in political status talks with the US and pursued their own course for a close but semi

independent relationship with the

United States.

Guam is a part of the Marianas chain that is closely tied by culture to the Northern Marianas, but a quirk of history has kept them politically separate since 1898. All the Micronesian islands had been claimed by Spain in the 16th century and administered by that country for nearly 300 years. Guam was ceded to the United States following the Spanish-American War, as were the

Philippines.

The US declined to accept the remainder of the Marianas, or the other Micronesian territories, because of an already unpopular reception by the US public of the addition of the

Philippines within the fold of the American flag. Guam was desired, and accepted, because of its excellent natural harbour for use by the US Naval Forces.

Attempting to recoup its monetary losses caused by the war, Spain sold the Micronesian territories to Germany.

Following World War I the islands were taken from Germany by the League of Nations and placed in trust with Japan, who in turn used them for war bases in their subsequent attempt to dominate the Pacific.

Seventy-nine years later, the fate of the Mariana Islands has taken nearly a full turn. The Marianas and Guam are again aligned with the same country, but not necessarily with each other.

There was an attempt in 1969 to “re integrate” the Marianas with Guam.

The voters in the Northern Marianas accepted the idea, but it was rejected by the Guamanians, who were reluctant to take on the burden of contributing to the support of the northern islands.

But since the Northern Marianas embarked on their own negotiations with the US, their status has improved considerably and they have been able to get far better “deals” from the US in three short years than Guam has been able to obtain within its slow-moving self-governing process, begun in 1950.

Notably, the Northern Marianas have secured an exemption from certain US federal shipping laws that require goods to be carried by US Flag ships only between US points. This law has traditionally resulted in

abnormally high shipping costs

between the US mainland and Pacific points.

Guam has lost repeated bids to secure such an exemption for itself.

The drafters of the Guam constitution will be looking very closely at the Northern Marianas’ document for its potential use as a model in self-governing and federal

relationships.

The Northern Marianas constitu tion has gone through sometimes stormy periods in its drafting. Particu larly touchy in the process was the

decision on how to allocate representa tion among the various islands making up the Northern Marianas group within the new governmental structure.

The group consists of three main islands of population base; in order they are Saipan, Tinian and Rota.

There are several other smaller, sparsely populated islands such as Pagan and Agrihan, and several unpopulated islands.

The island of Saipan has been the seat of government for the entire Micronesian Trust and as such is the most highly developed.

Tinian is nearly adjacent to Saipan, with its population grouped almost in one area. The remaining area will be developed as a US military base in the future. The allowing of the military development was the key concession in negotiations which led to the high profile bargaining position of the Marianas and the resultant benefits bestowed by the US.

There are several strong minority populations within the Marianas, most notably the Carolinians, who succeeded in guaranteeing their representation in the future Marianas Legislature by having it included in the constitution.

The smaller islands of Rota and Tinian worried incessantly that they would be at the short end of the administrative stick if the seat of government were in Saipan, so the Marianas constitution calls for an expanded executive branch of govern ment giving each island a mayor whose powers rival those of the overall Marianas governor who would be popularly elected among all of the islands.

The most controversial provision in the Marianas constitution is an article which restricts land ownership to the indigenous population. It is consid ered likely that the US Congress, which has the power to review and change the document will strike out that article.

The constitution and the common wealth status will make the population of the Northern Marianas US citizens

(they are presently more or less “wards” of the US government and treated as aliens for immigration purposes). The US Constitution calls for “equal protection” of all US citizens. Allowing US citizens of the Northern Marianas one privilege while denying that same privilege to other US citizens runs counter to American law and is highly frowned upon by the US judicial system.

The US Congress, and the President, will also have review authority over the drafted version of the Guam document, and both will be allowed to change it at will, subject to each other’s review. It will be a lengthy federal review process for the Guam constitution before it is returned to the Guam people for a final public referendum for approval.

The federal enabling legislation for the drafting of the document carried certain directives that, in effect, provided the framework for the constitution. Among other things, it required that the document provide for three and only three branches of government, and directed that the constitution contain a “Bill of Rights” that is “at least as broad” as the Bill of Rights contained in the US consti tution.

Several Guam political leaders bridled at the directives, stating that they demonstrated a limited confi dence by the American Government for Guam’s political maturity and ability to do its own work. Despite the objections, the directives were accepted and include in the local legislation setting up the drafting process.

Each of Guam’s 19 villages will be allowed one delegate to the conven tion, with additional delegates from each based on population. Using the latest census figures, the total delegates will number 48 for the job of writing up the constitution.

The document, once scrutinised and approved by the federal govern ment and then approved by a Guam popular vote, will replace the “Guam Organic Act” which was approved by the US Congress in 1950 to establish the self-governing structure of the island government.

The act has been amended several times by Congress, the last major amendment in 1969 which allowed for the popular election of a governor the following year, with subsequent elections each four years.

Since that time Guam has elected

two governors, each from opposing parties.

It is predicted that the drafting of the Guam constitution will be replete with political machinations as it will become campaign fodder for the hotly-contested Guam Delegate seat in the US Congress.

The incumbent Washington delegate manoeuvered the constitu tion enabling legislation through Congress. His opposition within his own party sits as the vice-chairman of the Guam Political Status Commis sion who will attempt to closely link the constitution with Guam-US status negotiations. The opposing party challenger presides over a committee within the Guam legislature on federal territorial matters, and may attempt to intervene at all levels of the status constitution issue.

There remains a group who would wish to see an eventual re-integration of Guam and the Northern Marianas to pursue the possibilities of a stronger and more powerful commonwealth status, or eventual statehood.

While Guam and the Northern Marianas can continue improvement of-status talks with the US for many years, it is generally considered impossible that either could achieve the ultimate status statehood without the other, or for that matter, without an entirely coalasced Guam- Micronesia unit.

The remainder of Micronesia continues to be generally stalled in status considerations as the various island groups consider following the course of the Northern Marianas and entering into separate talks with the US.

As the Northern Marianasdropped out of the Micronesia federation, a replacement district joined in. The island of Kusaie felt it no longer wanted association with the Ponape district, so it hasjust split off to become a district unto itself.

Such internal independence among the Micronesian groups casts a shadow of doubt over the possibilities of a unified stand in head-to-head negotiations with the US, much less a rapprochment with Guam, tradition ally the showcase of American Pacific

politics.

• A Trust Territory coast guard cutter, the Basswood, broke down while on patrol and had to be towed

from Majuro to Kwajalein for repairs.

The Caroline Islands, which was on a regular run to the outer islands, was diverted to tow the Basswood.