Pago Pago, AMERICAN SAMOA — Though a Feb. 4 executive order, Gov. Lemanu Peleti Mauga created the American Samoa Constitutional Review Committee and announced the initial membership — from both the public and private sector as well as community and lawmakers — with the first meeting set for 9a.m. on Feb. 9 at Gov. Rex Lee Auditorium.

The order, effective immediately, remains in place until the conclusion of the Constitutional Convention. Samoa News notes that convention time frame is not known yet but it’s expected to be held this summer.

According to the executive order, the territory’s Constitution provides an amendment process allowing the people to revisit, improve or correct it to ensure it continues as a “living document”.

It notes that the purpose of constitutional changes must not simply be “to make new rules for the passing hour, but to state principles for an expanding future” — principles such as limited government and bill of rights, popular sovereignty with free and fair elections, fair representation, the separation of powers, checks and balances, judicial independence, the rule of law, self-government, accountability and justice.

The order declares that, “it is prudent and wise to examine American Samoa’s past including its cultural heritage and the body of knowledge from past political status studies, constitutional conventions and historical events.”

It also says that, “the people must determine whether the Constitution is in tune with values of present times and respond to the range of political, economic, social, environmental, technological, demographic and health conditions including findings from the 2020 US Census and the status of women”.

Additionally, “the people must determine whether and how the commitment to the protection of Samoan land, culture and natural resources remains a compelling interest and worthy goal.”

And that the “Constitution building process must engage the people in an authentic, participatory and transparent manner.”

The governor’s order summarizes duties, responsibilities and powers of the committee. Staff and financial support of the Committee’s responsibilities shall be provided through the Governor’s Office and ASG’s Political Status, Constitutional Review and Federal Relations Office — referred to as the Constitutional Review Office.

Among the responsibilities and duties of the Committee is to review the entire Constitution and consider all proposals for revision as submitted through designated meetings, gatherings, and discussions as held by and through the Constitutional Review Office and the Governor’s Office, as well as reports and requests submitted by lawfully appointed bodies including but not limited to the Fono, Judiciary, the political status study committees, local government and the public.

The Committee, which is to keep a journal and records of all public proceedings, is authorized to adopt by-laws which do not conflict with this executive order or any applicable laws of American Samoa to govern its own affairs and to aid in executing the task which the Committee may undertake.

Aside from the Committee’s chairman — who is, Lt. Gov. Talauega Eleasalo V. Ale, and vice chair, deputy director of Samoa Affairs, Tauese Vaa Sunia — the order identified by name 52 initial members, including 5 legislators from each of the Senate and House; five from the Governor’s Office; and 13 cabinet members.

Also on the committee are five church ministers — who represent the clergy; two from the American Samoa Bar Association; one from the federal government — US Interior Department’s local field representative Lydia Faleafine-Nomura; two in the private sector; four representing the youth; three individuals who are representative for “Public/ Other” sector of the community; and five individuals representing women in the territory.  

A copy of the governor’s order is posted below, click on attachment to download.