Pago Pago, AMERICAN SAMOA — On Thursday, January 16, 2025, the Secretary of the Interior implemented the five amendments passed by the voters of American Samoa in the 2022 Constitutional Referendum. This would not be possible without the commitment of Congresswoman Uifaatali and her staff seeking to pass H.R. 6062 in the 118th Congress. This change may prove fitting later this year during the celebration of the 100-year Anniversary of Swains Island being made part of American Samoa by Congress on March 4, 1925.

Once again, I want to thank the distinguished Delegates of the 2022 Constitutional Convention and the people of American Samoa and Swains Island, for approving the 5 Amendments to our Constitution in the 2022 Referendum. “The voters have spoken” when they voted to finally grant the Swains Island Delegate the ability to vote in the Fono for the first time in 63 years.

I also want to congratulate Congresswoman Uifaatali on the passage of her H.R. 6062 Legislation, removing the requirement that any modifications or amendments to the American Samoa Constitution can only be made by an Act of Congress, as specified in the Senate Resolution 38-28 passed on October 2, 2023, to theoretically allow for a more streamlined process in the spirit of self-determination.  

As the Swains Island Delegate to the American Samoa Fono since 2005, my mandate is to ensure that Swains Island and those of Swains Island descent, who are U.S. Nationals and American Samoan Natives, are provided the same rights and opportunities as the rest of American Samoa.

As many are aware, I stood opposed to H.R. 6062.

To avoid any misunderstanding, in no way was my opposition to HR 6062 intended to defy Congresswoman Uifaatali or the ASG leaders. Nor was my opposition intended to jeopardize the cultural protections American Samoa and Swains Island both enjoy under the law, or slow down the amendment approval process for our Constitutional Amendments.

My opposition to H.R. 6062 was primarily to expose that HR 6062 does not ensure the land and cultural protections under the American Samoa Constitution are applied equally to the land and culture of Swains Island. And, the prohibition of the right to vote in the Legislature for nearly 65 years is just the tip of the iceberg in the exploitation of Swains Island. 

Despite participating in the 2022 Constitutional Convention, traveling to Washington DC to testify before Congress (testimony is on pages 33-46), interacting with several members of Congress, and filing a last-minute appeal for a “pocket veto” to President Biden, Swains Island’s position on H.R. 6062 did not qualify as an “opposition” being a non-member of Congress, resulting in the passage of HR 6062 by Unanimous Consent in both Houses of Congress and approval of the President on January 4, 2025. However, the silver lining for Swains is that all documents associated with this Legislation are recorded in the Congressional Record and the Congressional Repository for future reference.

The 1960 and 1967 Constitutions gave Swains Island a delegate to the Fono and gave voting power to all representatives and senators in the except the Swains Island Delegate. This act separated Swains Island from the rest of the American Samoa for the first time since becoming part of American Samoa in 1925 and being placed under the Administration of the Department of the Navy. Without a vote, Swains Island was unable effectuate the protection of its fundamental right to the protection of land and culture under the Constitution.  

However, by passing H.R. 6062 and removing the requirements of a Congressional Review, Congresswoman Uifaatali and the ASG leaders have successfully evaded the one question that was repeatedly asked in the 2022 Constitutional Convention:  Why wasn’t the Swains Island Delegate granted a vote in the Fono for over 63 years? 

Without an answer to that question, the Swains Island amendment was overwhelmingly passed by the distinguished Delegates of the Convention by a vote of 73 to 43, and approved by the people of American Samoa on its very first introduction in the 2022 Referendum.

Under the procedure in 2022, the Swains Island amendment and the other 4 amendments could not become effective unless passed by Congress. Congresswoman Uifaatali and then Governor Lemanu and our Fono Leaders, feared that a congressional review of our Constitution could potentially jeopardize the twin cornerstones of the fa’asamoa: communal family land, and the matai title system. They believed removing Congress from our constitutional amendment process with HR 6062, would avoid any concerns about the elements of the fa’asamoa enshrined under local law being incompatible with the U.S. Constitution.  

Sadly, HR 6062 was not approved by the 2022 Constitutional Convention, by both houses of the Fono, or the people of American Samoa in the 2022 Referendum, raising even greater concerns about setting new precedent in modifying and amending our Constitution by elected leaders without the approval of the people of American Samoa.  

The pride of American Samoa and Swains Island among the U.S. Territories, lies in the unique legal protections of land and culture under the law. 

However, Swains Island has been forced to endure the agonizing reality of alienation. The law requiring the protections of land and culture for Tutuila and Manu’a gives the same protections for Swains Island on paper. However, in practice, Swains Islanders have been forced to experience disparity in how this law is applied.

The forced depopulation of Swains Island after over 150 years of continuous occupation under the American Flag is credited to the lack of infrastructure, transportation, and essential services expected from federal and local funding for all of American Samoa, but only afforded to Tutuila and Manu’a. An audit of at least the last 30 years, will show that there’s been no Federal and Local Funding assistance for Swains Island, including recently in the 2025 budget, which I was unable to vote on despite the voters passing the Swains Island Amendment two years earlier. This all has led to Swains becoming uninhabitable, forcing the last of its residents to evacuate to Tutuila and the United States by 2013.

Former Governor Lemanu said at the opening of the Fono in 2024 that no one is living on Swains Island because the government has failed to provide transportation, communications, and allocated adequate resources for people to live there. He stated that he feared Manu’a may follow the same demise because of lack of government services for the people living there. He said he shed tears during one visit to Manu’a seeing people at the dock at Faleasao having to swim out to bring their cargo to shore when the boat was unable to enter the harbor.

The initial differences between Swains Island and American Samoa have faded over time. And while the vote in the Fono is a good start, we are now dependent on the Department of the Interior to review the other aspects of the American Samoa Constitution that discriminate against Swains Island compared to Tutuila and Manu’a.

My prayer is that with a vote in the Fono, Swains will be able to advocate on its own behalf. In partnership, I look forward optimistically to the next 100 years and beyond for this Territory to be officially recognized as American Samoa (the Eastern islands of Samoa since 1900) and Swains Island (annexed separately and made a part of American Samoa by Congress in 1925.)

(Source: press release)