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Con-Con gets off to a rocky start after confusion over procedure

Senate President Tuaolo Manaia Fruean
Issues of business for Day 2: Vote on amendments and elect leaders
Joyetter@samoanews.com

Pago Pago, AMERICAN SAMOA — Senate President Tuaolo Manaia Fruean, has been elected as the chair of the Constitutional Convention, with Senator Fa’aivae Alex Iuli Godinet as vice chairman and Chief Procurement Office, Mikaele Etuale is the secretary.

They will lead the Constitutional Convention for the next several days to discuss eight amendments proposed by the Constitutional Review Committee for consideration by the 2022 Constitutional Convention.

The election was conducted on the second day after 129 delegates from all the respective constituencies were sworn-in yesterday morning by Attorney General Fainu'ulei Falefatu Ala'ilima-Utu.

Delegates raise their hands to vote during the election of the Constitution Convention leaders. [photo: Julie Pauu]

There were two issues on the agenda for Tuesday’s event — to vote whether to accept the proposed amendments that the Constitutional Review Committee already approved for consideration and to elect the leaders of the Constitutional Convention.

Delegate member, Senator Togiola T. A. Tulafono questioned why there is no mention of the proposed amendments that were not approved by the Review Committee. Adding that those amendments whether approved or disapproved should be brought before the Constitutional Convention for its review.

Former governor, Senator Togiola T.A Tulafono who is s delegate, on the second day of the Constitutional Convention. [photo: Julie Pauu]

Furthermore Togiola took issue with the scheduling noting that the chair of the Constitutional Convention should have been elected first and then he can take over leading the meeting, as done in the past.

Another issue Togiola pointed out in the agenda of events from Monday, where there were changes yet they are not included, yet these are official records and therefore it should be accurate.

Senate President Tuaolo said it’s apparent the delegates are attending just to follow the agenda provided by the Review Committee, yet the elected Constitutional Convention leaders should be the ones making such decisions as this was not included in the Governor’s Executive Order to the ASG’s Office of Political Status, Constitutional Review and Federal Relations — referred to by many as the Political Status Office.

He also inquired why the public is not allowed to be present at the Constitutional Convention when this is a “public event”.

 “The only thing they will not be allowed is to voice their concerns about issues discussed — but the public should be allowed,” said Tuaolo.

His comments follows issues raised when Deputy Secretary of the Samoan Affairs Tauese Va’aomala Sunia announced that anyone who does not have a credential or pass to attend the 6th ConCon should not be in the building as it’s not open to the public.

Tuaolo advised not to ban the public from the Constitutional Convention as they will be the ones that will share these proposed amendments “and it’s saddening” the public is not allowed and urged the Review Committee to reconsider.

Chair of the Constitutional Review Committee, Tapa’au Dan Aga explained the reason that there are changes to the agenda is from the suggestion posed on Monday to proceed with formalities first and then turn to the agenda.

Tapa’au Dr Dan Aga Executive director of the Constitutional Convention on the second day of the forum. [photo: Julie Pauu]

The second issue about the “ban” on the public Tapa’au said it’s not that they are banning people but there is a list of delegates that will be allowed mainly to protect the integrity of the Constitutional Convention that is underway.

One of the issues that was discussed, is how the amendments will be voted on, whether it’s one vote per constituency or majority by all the 129 delegates.

Togiola made a motion to vote for the chair of the Constitutional Review Committee to oversee the election of the chair of the Constitutional Convention, then afterwards, whoever is elected as chair will take on the agenda of the meeting, which includes the election of a vice chair and a secretary of the Constitutional Convention.

High Chief Fanene Edda Wyberski took the floor and inquired whether the selection of the chair for the Constitutional Convention will be done in Village Council meetings or whether it’s done in a democratic way.

 “Its apparent that the Constitutional Convention is not done in a manner where there are procedures to follow in terms of electing a chairman — while I am new, but I am paying close attention.

 “I want my vote to count, and our actions today will have consequences in the future and I suggest that we should all vote in electing of the officers for the Constitutional Convention,” said Fanene.

Senator Tuiagamoa Tavai questioned why there are no procedures in place for the selection of the leaders of the Constitutional Convention.

Senator Alo Paul Stevenson, also urged the Constitutional Review Committee to consider the plea from other delegates that every vote should count.

 “If this is how the Constitutional Convention is being conducted whereas only 16 votes (per constituency) will count, the next meeting no one will turn up. Who would want to participate when their vote does not count, and that is the truth,” asked Alo.

This will also have an impact in the respective villages and constituencies.

The nominees for chairman were Senate President, Tuaolo and Senator Faaivae. Tuaolo garnered 72 votes while Faai’ivae received 37 votes. For the vice chairman, the nominees are Faiivae and High Chief Laolagis of the Constitutional Convention were Ti'alemasunu Dr. Etuale Mikaele and Taotasi Archie Soliai, but Ti’a won with 58 votes and Taotasi had 46.

The Constitutional Convention will conclude on Friday September 2, 2022.