Political Status and External Affairs
Subcommittee Transition Report
The report for the Political Status and External Affairs Subcommittee for the incoming CalvoTenorio 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 SelfDetermination 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 Administration has the opportunity to re-activate the Commission on Decolonization and revitalize the initiative for self-determination.
Budget
The previous FY 2010 budget in the amount of $89,000.00 from the Government of Guam is totally inadequate to address the need for staff capacity and office operations for a viable Commission on Decolonization. The Subcommittee did not note a budget appropriation to the Commission for FY 2011.
The Subcommittee recommends that at the beginning of the term of the incoming Calvo-Tenorio Administration, a formal request be made to the Guam Legislature to provide additional funds to pay for the Commission staff members, acquisition of equipment and supplies, printing of educational brochures, and research and in-depth study of the three political status options.
The Subcommittee notes that each Task Force for the Commission on Decolonization is required to provide a budget submission to the Commission to enable them carry out their advocacy program. Also noted by the Subcommittee is the Commission determines the level of budget requirements to successfully conduct the plebiscite. This requirement must also be considered by the incoming Calvo-Tenorio Administration in the budget request to the Guam Legislature.
Federal funds (from DOI OIA) have been authorized for a political status educational program. The funds can be granted to Guam from the U.S. Department of Interior. It is recommended by the Subcommittee that the incoming Administration contact Assistant Secretary for Insular Affairs, U.S. Department of Interior, Tony Babauta, to determine the designated use of the funds for the political status educational program.
Political Status Subcommittee Transition Report Page 6
It has been suggested by the Subcommittee that the political status public education program can be better accomplished by the University of Guam. If this is the desired direction of the incoming Administration, a review of Public Law 23-147 would be necessary to determine if further legislation is needed to transfer the educational program to the University of Guam.
The Subcommittee notes that the FY 2011 budget appropriated $250,000.00 from the General Fund to the Guam Election Commission (GEC) for the Decolonization Registry. According to Public Law 30-196, “ I Liheslaturan Guåhan intends that the GEC efforts to update the Decolonization Registry be prioritized and expedited, toward the goal of obtaining registrations of approximately seventy percent (70%) of those persons eligible to vote in the plebiscite in the
next fiscal year.”
Executive Summary of Recommendations
The Political Status & External Affairs Subcommittee recommends that Governor-Elect Calvo and Lt. Governor-Elect Tenorio reactivate the work of the Commission on Decolonization in order to fulfill their intentions of conducting a political status plebiscite during their term of office. This will be a major step forward due to the lack of activity during the previous administrations since Public Law 23-147 was enacted.
If Governor-Elect Calvo and Lt. Governor-Elect Tenorio intend to reactivate the Commission and its work, then they must address the appointment of those positions which are vacated, namely, the representative from the Legislative Minority, the representative from the Guam Youth Congress, and any representative from the general public who does not wish to continue.
The Calvo-Tenorio Administration must address the appointment of an Executive Director and appropriate staff for the Commission.
After the Commission is reconstituted and reactivated, the issue of the Commission’s budget
must be addressed. If local funding cannot be made available, then the Governor must ascertain whether he can utilize federal funding which has been authorized for the purpose of political status public education.
The Subcommittee also recommends that the file documents from the Commission on SelfDetermination and other related political status issues be maintained and secured for future reference. The documents are currently being stored in file cabinets at the Governor’s Office.
Political Status Subcommittee Transition Report Page 7
HISTORICAL PERSPECTIVES
The Subcommittee has compiled historical information concerning Guam’s political status
initiatives for the reference of the incoming Administration. Public Law 23-147 which created the Commission on Decolonization supplanted the Commission on Self-Determination which was established in 1980 and mandated to conduct a public education program on five political status options: Independence, Free Association, Statehood, Commonwealth and Status Quo. After a series of public meetings, which were classified as educational efforts, a plebiscite was conducted in 1982. All registered voters of Guam were permitted to vote. In that plebiscite, the status options of Statehood and Commonwealth garnered the highest number of votes – however, neither option garnered 50% +1 to establish a majority. A run-off was held in which the Commonwealth status garnered the greatest number and a clear majority of the votes. (A review of the Draft Commonwealth Act
will reveal that Commonwealth status was never considered a permanent political status but rather a transitional mechanism through which the final status would be resolved and established.)
In 1983, then Governor Ricardo J. Bordallo initiated efforts to develop a Draft Commonwealth Act which was placed before the people on an Article by Article basis. Of the Articles that were placed before the people – two failed to garner the required 50%+1 to be accepted. A subsequent vote was held on the two Articles and both were passed. The Draft Commonwealth Act was then presented to the U.S. Senate and U.S. House of Representatives. The Draft Act was referred to the Committee on Resources and subsequently to the Subcommittee on Insular Affairs, Chaired by Virgin Islands Delegate, the Honorable Ron DeLugo, and on which Guam Delegate Antonio B. Won Pat was a Member.
The first hearing on the Draft Act was held in December, 1989 in Honolulu by the Subcommittee. The Guam Commission on Self-Determination was present at that subcommittee hearing and providing testimony were the following:
1. Governor Joseph F. Ada, Commission Chairman 2. Senator Francisco R. Santos, Vice Chairman and Chairman of the
Guam Legislature’s Committee on Federal and Foreign Affairs
3. Senator Madeleine Z. Bordallo, representing the Legislative Majority 4. Senator Marilyn Manibusan, representing the Legislative Minority 5. Judge Alberto Lamorena, representing the Superior Court of Guam 6. Mayor Francisco N. Lizama, Mayors Council Member
Political Status Subcommittee Transition Report Page 8
7. Attorney David Lujan, Public Member 8. Mr. Rufo Taitano, Public Member
Major disagreements surfaced at the public hearing, primarily objections posed by the Executive Branch of the Federal Government, voiced by then Assistant Secretary of Interior Richard Montoya, on the following provisions:
1. The Article in the Draft Commonwealth Act, which limits the final vote on selfdetermination to indigenous Chamorros, as defined in the Draft Act was an issue of contention. The U.S. Department of Justice noted that there would be Constitutional Issues with such.
2. The Article in the Draft Commonwealth Act which calls for MUTUAL CONSENT on any proposed changes to the Commonwealth Act after enactment. The U.S. Department of Justice argued that this would grant Guam veto power over the Congress and the federal government.
3. The Article containing provisions for certain local authorities in the area of immigration.
4. The Article containing provisions recognizing the independence of the Guam
Judiciary (recognition of the decisions and citations by the Guam courts and the length of the probationary period when all decisions of the Guam courts would be reviewed by the 9th Circuit Court).
The Department of Interior, Office of Insular Affairs, was tasked with conducting negotiations between a federal task force (consisting of several federal agencies) to develop language that would be acceptable to both sides. Chair of the DOI team were Assistant Secretary Richard Montoya and Assistant Secretary Stella Guerra. Agreements were reached on several articles and issues, including the issue of immigration and the issue of independence for the Guam Judiciary.
Historical Notation
Donald McHenry (1975: 14), former US Ambassador to the United Nations during President
Jimmy Carter’s administration, quoted President Kennedy’s message on colonialism, one which
sealed the United States [policy] in all subsequent debates on colonialism in the United Nations as follows:
Political Status Subcommittee Transition Report Page 9
“ Within the limit of our responsibility in such matters, my country intends to be a participant and not merely an observer, in the peaceful expeditious movement of nations [people] from the status of colonies to the partnership of equals. That continuing tide of self-determination, which runs so strong, has our sympathy and our support. But colonialism, in its harshest form, is not only the exploitation of new nations by old, of dark skins by light, or the subjugation of the poor by the rich. My nation was once a colony, and we know what colonialism means: the exploitation and subjugation of the weak by the powerful, of the many by the few, of the governed who have given no consent to be governed, and whatever their continent, their class, or their
color”.
POLITICAL SELF-DETERMINATION
The Subcommittee provides the following outline of historical events related to Guam’s political self-determination initiative.
For more than three decades, the question of Guam’s political status has been the subject of
debates by local lawmakers and island community leaders. As early as the decade of 1970, the Guam Legislature created a committee to study the various options Guam could pursue to improve its limited self-government which the 1950 Organic Act established and at the same time granted U.S. citizenship to the inhabitants.
Listed below is a snapshot of Guam’s Political evolution:
1898 … U.S. captured Guam from Spain during the Spanish-American War.
1899… In the Peace Treaty of Paris signed by the U.S. and Spain at the end of the war, Spain
ceded Guam, along with the Philippine Islands, Virgin Island, Cuba and Puerto Rico. This treaty calls for the U.S. Congress to determine the political status of Guam. The island was placed under naval administration with the commanding officer also serving as naval governor to handle civil affairs.
1901…Petition requesting the U.S. government to consider granting a permanent civil government to Guam was signed by some 30 Chamorro leaders.
1908 … The Navy Department informed the naval governor of Guam that the people of
Guam will eventually be granted U.S. citizenship.
1917 … Guam Congress was established as an advisory body, with its members comprising
of Chamorro leaders appointed by Naval Governor Roy Smith.
1931 … Guam Congress members were elected by the people – the first general election ever held on Guam.
Political Status Subcommittee Transition Report Page 10
1936 … Over 1,900 Guam residents signed a petition urging the U.S. Congress to enact citizenship legislation. F.B. Leon Guerrero and B.J. Bordallo travelled to Washington D.C. to lobby for U.S. citizenship. The two Chamorro leaders met with President Roosevelt at the White House but the citizenship bill died in committee.
1949 … Re-established after WWII, Guam Congress members staged a walkout in protest to an action by the naval governor. The walkout generated national attention over the lack of
civil rights for the people of Guam and revived Guam’s drive for self-government and U.S.
citizenship.
1950 … The U.S. Congress enacted the Guam Organic Act. It conferred U.S. citizenship on
the inhabitants, created limited self-government with an elected 21-member Guam Legislature. Governor Carlton Skinner was appointed by the President and confirmed by Congress.
1960 … President Nixon appointed the first Governor of Chamorro ancestry – Joseph Flores,