Pago Pago, AMERICAN SAMOA — For nearly a century, Swains Island has been a part of American Samoa, yet its delegate in the Fono had always remained a non-voting representative. That changed in 2025 when, for the first time, the Swains Island delegate was granted full voting rights in the House of Representatives — a historic shift that many in the territory view as long overdue.

The journey to this milestone was not straight forward.

Swains Island, known as Olohega in Tokelauan, was annexed separately from the rest of American Samoa in 1925 under Public Law 68-176.

Unlike Tutuila and Manu’a, which were formally ceded to the United States through the Deeds of Cession of 1900 and 1904, Swains Island had always existed in a legal gray area — administratively part of American Samoa but not fully integrated into its political structure. For decades, its delegate could attend legislative sessions and engage in discussions but had no power to cast a vote.

That changed in 2022, when American Samoa convened a Constitutional Convention to address pressing governance issues.

One of the most debated topics was whether Swains Island’s delegate should have full voting rights. The island’s population, often fewer than 20 residents, raised questions about whether it deserved equal representation alongside other districts. But supporters of the amendment argued that Swains Island had been a part of American Samoa for nearly a century and that denying it full representation was an outdated practice.

Following the convention, the issue was put to the people. In November 2022, a territory-wide referendum was held, and a majority of voters approved the measure — confirming that Swains Island’s political status should finally be aligned with the rest of the territory. The approval set in motion a series of legislative actions that would lead to federal recognition of the amendment.

Congresswoman Uifa’atali Amata played a key role in facilitating the transition. She introduced H.R. 6062, a bill aimed at removing federal barriers to American Samoa’s constitutional changes. The bill swiftly passed through both chambers of the U.S. Congress and was signed into law by President Biden on January 4, 2025. Two weeks later, on January 16, 2025, Secretary of the Interior Deb Haaland signed a Decision Memorandum, granting final federal approval for the amendment.

The implications of this decision are far-reaching.

The Swains Island delegate, once a mere observer, now has equal voting power in the House of Representatives. This change rectifies a long-standing imbalance, ensuring that all parts of American Samoa are equally represented in the Fono.

Yet, the decision has also sparked discussions about the broader constitutional implications.

Some legal scholars question whether this amendment aligns with U.S. territorial law since Swains Island was not included in the original Deeds of Cession. Others raise concerns about population-based representation, arguing that granting a full vote to an area with a tiny and fluctuating population may be disproportionate compared to larger districts in American Samoa. There is also the possibility of federal review or legal challenges in the future, as constitutional changes in unincorporated territories are subject to oversight.

The decision to grant Swains Island full voting rights in the Fono represents more than just a procedural change — it is a shift in the fundamental framework of American Samoa’s legislative structure. The amendment ensures that all regions of the territory, regardless of size or historical governance structures, receive the same legislative powers.

Legally, this amendment could have implications for future governance changes within the territory. Some legal analysts believe that this move could pave the way for additional constitutional amendments, potentially influencing issues such as the structure of the Senate, the role of traditional leaders in governance, and even the long-debated question of whether American Samoa should seek a more autonomous status within the United States. By demonstrating that constitutional change is possible through local initiative, popular vote, and federal approval, this case sets a precedent for future political reform efforts.

On a practical level, the decision will require adjustments in legislative procedures. The Fono will need to integrate Swains Island’s delegate into its voting processes, which could include revisions to internal rules, committee assignments, and procedural frameworks.

Additionally, discussions are ongoing regarding whether funding allocations for Swains Island should be adjusted, as full representation may warrant a reevaluation of the resources allocated to the island’s administration and infrastructure.

In terms of broader governance, this amendment also underscores the evolving relationship between American Samoa and the U.S. federal government.

The involvement of Congress and the Department of the Interior in approving the measure highlights the continued necessity of federal oversight in territorial governance. However, the process also demonstrates that American Samoa retains the ability to shape its internal political landscape through democratic processes, signaling the territory’s growing agency in its self-governance.

While the amendment is now law, the conversation surrounding Swains Island’s status is far from over. There remains a need for ongoing legal review, public engagement, and careful monitoring of how the decision affects legislative operations in the Fono. Some critics argue that the next step should be a broader reassessment of American Samoa’s entire legislative structure to ensure that representation is equitable and that all regions receive appropriate political weight in decision-making.

Ultimately, granting full voting rights to Swains Island’s delegate marks a turning point in American Samoa’s political development.

It is a recognition of the island’s historical and cultural ties to the territory and a move toward ensuring that every part of American Samoa has a say in shaping its future.

Whether this amendment leads to further changes remains to be seen, but it has already set the stage for future discussions about representation, governance, and political autonomy in the territory.