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Political Status and External Affairs Subcommittee Transition Report

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Political Status and External Affairs Subcommittee Transition Report Political Status and External Affairs Subcommittee Transition Report The report for the Political Status and External Affairs Subcommittee for the incoming Calvo- Tenorio Administration has been divided into two sections. The first section addresses the Commission on Decolonization and the Political Status issue for Guam, and the second section addresses the issues related to External Affairs. I. Political Status Overall Description or Mission of Department/Agency The Commission on Decolonization created by Public Law 23-147 has been inactive for a number of years. The legislation creating the Commission was enacted by I Mina’ Benti Tres na Liheslaturan Guåhan, notwithstanding the objections of the Governor, mandated the creation of a Commission on Decolonization. (PL 23-147 was overridden with sixteen (16) affirmative votes (including those of current Speaker Judi Won Pat, Senators Tom C. Ada and Vicente C. Pangelinan – incumbent Senators who have successfully retained their seats for I Mina’ Trentai Uno na Liheslaturan Guåhan.) Public Law 23-147 constitutes the Commission on Decolonization and mandates that those appointed will hold their seats on the Commission for the life of the Commission. The individuals last holding seats on the Commission are: 1. Governor Felix P. Camacho, who relinquishes his seat and Chairmanship upon the inauguration of Governor-Elect Eddie B. Calvo. 2. Speaker Judith T. Won Pat, who retains her seat as Speaker of I Mina’ Trentai Uno na Liheslaturan Guåhan or, may appoint a Senator to fill her seat. 3. Senator Eddie B. Calvo, who relinquishes his seat upon inauguration as Governor and assumption of the Chairmanship of the Commission. 4. A representative of the Youth Congress. (Current designation needs to be made). 5. Mayor Carol Tayama, Mayor of Agat 6. Mr. Antonio M. Palomo Political Status Subcommittee Transition Report Page 2 7. Dr. Katherine B. Aguon 8. Ms. Trini Torres, Chairperson of the Independence Task Force 9. Mr. Jose U. Ulloa, Chairman of the Free Association Task Force 10. Former Senator Edward R. Duenas, Chairman of the Statehood Task Force Brief Description of key Positions and Functions PL 23-147 mandates that the Commission shall constitute three task forces, each to advocate for one of the three options. Each task force shall consist of seven (7) members from the general public. The staff support for the work of each task force was to be provided by the Commission on Decolonization. The staff of the Commission consisted of an Executive Director, appointed by the Governor, and two (2) staff assistants. The Commission, like its predecessor, the Commission on Self- Determination, was considered a bureau of the Governor’s Office. The last Executive Director was Mr. James H. Underwood. The role of the Executive Director is to implement the intent of PL 23-147 and provide overall supervision to the Commission staff members. Additional responsibilities for the Executive Director also included setting milestones for mass public education program, supervise objective research and in-depth analyses of the three options for Statehood, Independence and Free Association, and work cooperatively with the Guam Election Commission for the implementation of the plebiscite. The Commission had the responsibility to determine the required qualification, specific job description and salary level as appropriate. The staff assistants for the Commission are required to support and work closely with the Executive Director and provide liaison with government agencies, village mayors, educational institutions and community groups. The outgoing Administration provided the Transition Committee with a two page summary report that listed the budget allocations for FY 2008, 2009, 2010. It did not provide reports on expenditures for those periods. It should also be noted that for FY 2010 the budget allocation was reduced by 50% of the previous year. The Commission on Decolonization has no records of any meetings for the past several years nor are there records of any meetings of the three task forces for the same period. Political Status Subcommittee Transition Report Page 3 Significant Issues for Governor-Elect’s Immediate Attention The incoming Calvo-Tenorio Administration needs to call a meeting of the Commission on Decolonization within the first ninety (90) days of the Administration. A supplemental request needs to be sent by the Governor’s Office to the Guam Legislature to address an adequate budget for the Commission’s operations. Listing of Department and Agency Goals and Objective According to Public Law 23-147, “The general purpose of the Commission on Decolonization shall be to ascertain the intent of the Native Inhabitants of Guam as to their future political relationship with the United States of America. Once the intent of the Native Inhabitants of Guam is ascertained, the Commission shall promptly transmit that desire to the President and the Congress of the United States of America as well as to the Secretary General of the United Nations.” Proposed or Pending Rules and Regulations None noted. Identify Ongoing and Upcoming Initiatives Chamorro Self-Determination While the Government of Guam’s participation in political status and the area of Chamorro Self- Determination has been minimal over the past eight years, there have been a number of initiatives on the part of civil society that has advanced this area of work. Initiatives towards this end have included the following: testimonies before the United Nations’ (UN) Committee on Decolonization, the General Assembly’s Fourth Committee, and the UN Permanent Forum on Indigenous Issues; participation in the UN Pacific Seminars bi-annually; revitalization of the Chamorro Registry; University of Guam educational initiatives; the production of scholarly articles deepening the legal understanding of Chamorro Self-Determination; and the passage of a Congressional authorization to fund a local political status educational campaign. Each of these activities is herein briefly described and reference to attachments for further information is also included. In a resolution adopted by the General Assembly of the United Nations during the Sixty-fourth session (Agenda item 39) on January 19, 2010, the resolution stated the following: “Noting that a number of Non-Self-Governing Territories have expressed concern at the procedure followed by Political Status Subcommittee Transition Report Page 4 some administering Powers, contrary to the wishes of the Territories themselves, of amending or enacting legislation for application to the Territories, either through orders in council, in order to apply to the Territories the international treaty obligations of the administering Power, or through the unilateral application of laws and regulations.” The continuation of the report on Chamorro Self-Determination is contained on page 13 of this document. Challenges that the Subcommittee Foresees There are some very basic issues related to the political status initiative which must be addressed by Governor-Elect Calvo. Once he is sworn into office as Governor of Guam, he has the opportunity to pursue political status options and a plebiscite to determine the choice of the people of Guam and the ultimate political relationship of Guam with other sovereign entities of the international community. Governor-Elect Calvo and Lt. Governor-Elect Tenorio have both publicly stated their support and intent to cause a political status plebiscite to be conducted during their term of office. Another issue that needs to be addressed is undoubtedly the most contentious issue in regards to the political status plebiscite, that is: Who will be authorized to vote on the question of political status? The original intent of the law creating the Commission on Decolonization and the law creating the Chamorro Registry Advisory Board restricts the vote to those individuals who were inhabitants of Guam prior to the purchase of Guam by the United States as a result of the Spanish American War or 1898 and their descendants. This follows the thinking associated with the definition of when Guam became a colonial possession of the U.S. through conquest and purchase and the philosophy that the rights of individuals to determine their political allegiance is inalienable and cannot be purchased nor conquered. There have been those who have questioned the constitutionality of this in relation to the provisions of the U.S. Constitution but, there have also been the arguments presented by others in relation to the U.N Declaration on Human Rights and the adoption of said by the United States. The constitutionality of the laws creating the Commission on Decolonization, and the Chamorro Registry Advisory Board have never been tested in court. Political Status Subcommittee Transition Report Page 5 Public Law 23-130, enacted into law on December 30, 1996, established the Chamorro Registry Advisory Board and the development of a Chamorro Registry under the auspices and supervision of the Guam Election Commission. The Guam Election Commission has not been sufficiently funded to carry out this mandate and the question arises as to whether the Governor-Elect intends to request local funding to enable the Guam Election Commission and the Chamorro Registry Advisory Board to develop a Chamorro Registry in accordance with PL 23-130 before 2014? A question remains as to whether federal funding can be used to fund the development of the Chamorro Registry. Opportunities for Change or a New Direction The incoming Calvo-Tenorio
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