Pago Pago, AMERICAN SAMOA — Swains Representative Su’a Alexander Jennings is one step closes to having the right to vote in the House of Representative — a right he has been fighting to obtain for his home for over 14 years.

 “Swains Island has been fighting for the right to vote for many years, especially since the last Con-Con in 2010. Swains Island was made a part of American Samoa by an Act of Congress (not a Deed of Sessions) on March 13, 1925 (97 years ago). 

“They are equal to Tutuila, Aunu'u, and Manu’a,” said Su’a in response to Samoa News questions. Last week, the 6th Constitutional Convention approved the right for the Swains Island Representative to vote in the legislature — with 73 yes votes and 43 nays.

This means this Constitutional amendment will be included in the ballot to be voted on by the people come the mid-term election in November this year.

This proposed amendment was not submitted by the Constitutional Review Committee and was not part of the eight amendments that were proposed, but former Governor Togiola TA Tulafono made a motion to include this specific amendment for approval, citing it is time the Swains Island Representative should be given the right to vote in the Fono.

There were also concerns about American Samoa’s Representative to Congress’ inability to vote in the US Congress versus Swains Island Representative voting in the House.

 “Our Congressional Representative represents American Samoa in the U.S. as a non-voting Delegate and [that’s because] American Samoans pay no taxes to the U.S. (except FICA).

Su’a said Swains Island had been transformed from a Territory of the U.S. to a Territory of Tutuila and Manu’a, yet they have no vote in the Senate and no vote in the House of Representatives.

 “We are not exempted from paying taxes and also out of the $800 million budget for the American Samoa Government, Swains may receive only $50,000 and that out of $1.4 Billion in CARES Act Swains is only eligible for $3,400. Our culture is all but vanished from the Territory of American Samoa,” said Su’a.

He told Samoa News they have the right to the protection of their land and culture, which is why they select their Delegate to the Fono (like Senators) instead of by popular election and yet they are denied a Senate seat and a vote in the Senate and a vote in the House of Representatives but allowed to vote for a Constitutional Amendment to change the Constitution of American Samoa.

 “And without a vote in the Senate and the House of Representatives, does that constitute Taxation without Representation?” asked Su’a.

The Swains Representative said Swains Island has been a Territory of the United States for over 166 years, since its inclusion in the list of Guano Islands appertaining to the United States, which have been bonded under the Act of Congress that was approved on August 18, 1856.

 “By a Joint Resolution of Congress on March 4, 1925, the sovereignty of the United States over American Samoa was also extended over Swains Island and placed under the administrative and judicial authorities of the government established therein by the United States, first through the United States Navy until 1951, when it was transferred to the Department of the Interior.”

He said the copra from Swains Island was instrumental in stimulating the fragile economy of the newly formed Territory of American Samoa. At the decline of the copra industry in the 1960s, two tuna canneries were built on Tutuila.

 According to the Swains representative, “The high demand for tuna from the canneries led to the formation of Exclusive Economic Zones (EEZ) between the countries of the South Pacific in the 1970s.

 “The Swains Island waters brought some 100,000 square miles of ocean and represents 1/3 of the total United States’s EEZ in the South Pacific.”

Adding that for some sixty years the only voice Swains Island has in the Government of American Samoa is a non- voting Delegate of the House of Representatives, in the Legislature of American Samoa.

 “This political arrangement has greatly contributed to the deteriorating state of Swains Island today. Residents are forced to vacate their homes due to the lack of transportation, communication, and basic infrastructure to sustain life.

 “Their language, culture, traditions, and customary practices have all but vanished from the Territory.

 “In order to start the process of reviving Swains Island back to its original state and rightful standing in the Territory of American Samoa, an Amendment to the Revised Constitution of American Samoa must be approved giving the right to vote to the Swains Island Delegate in the House of Representative.”

Su’a further pointed out that under Article II Legislature, Section 2 Membership, of the Revised Constitution of American Samoa should be amended to read: “Senators and Representatives shall be reapportioned by law at intervals of not less than 5 years.

 “The adult permanent residents of Swains Island who are United States nationals may elect at an open meeting a delegate to the House of Representatives who shall have all the privileges of a member of the House,” said Su’a.

He concluded, by thanking the Delegates for seeing that Swains gets their voting rights.