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

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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.

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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

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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.

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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.

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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 Self- Determination 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.

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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 self- determination 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, publisher of the Guam Daily News.  1969 … The first Guam Constitutional Convention established by Guam law was convened to review the Guam Organic Oct and make recommendations to enhance Guam’s political status. The members were elected from various districts islandwide, with former Senator Tony Palomo serving as president.  1970 … Guam elected its first civilian Governor, Carlos G. Camacho, the last appointed governor and former senator.  1972 … Guam elected its first non-voting delegate to Congress, Antonio B. Won Pat.  1976 … A political status referendum was held in a move to more clearly define Guam’s political aspiration. Among several options listed, closer union with the U.S. was the top choice.  1977 … The 2nd Guam Constitutional Convention was authorized by Congress, with then Sen. Carl Gutierrez as president, the elected delegates crafted a document that was presented to Congress and then submitted to the voters of Guam for ratification.  1979 … After an exhaustive campaign by proponents and opponents, the Guam Constitution failed ratification by the voters of Guam.  1980 … The Guam Commission on Self-Determination was enacted by the Guam Legislature. Authored by Senator Eddie Duenas, the commission was responsible for undertaking an in-depth research/study of five political options – Statehood, Commonwealth, Status Quo, Independence and Free Association.  1982 … The first self-determination plebiscite was held. Since none garnered a majority vote, the top two (Commonwealth and Statehood) went into a run-off, with Commonwealth prevailing. Political Status Subcommittee Transition Report Page 11

 1986 …The Guam Commonwealth Act was written and two years later was introduced in the U.S. House and Senate.  1989 …Congress held a public hearing on the Guam Commonwealth Act in Hawaii, then referred it to the Executive Branch for review.  1990 …Negotiation talks began to get a consensus on the final draft, but bogged down because of disagreements on some major issues.  1997 …The Guam Decolonization Commission was established by local law, authored by former Sen. Hope Cristobal. It is charged with researching and conducting a plebiscite on three terminal options – Statehood, Independence and Free Association, as mandated by the U.N.  2000 …A decolonization plebiscite was scheduled in conjunction with the 2000 general elections. A separate registration of at least 70 percent of the qualified “inhabitant” voters was required and adequate mass public education on the three options be conducted. The Guam Election Commission has been unable to establish the required voter registration list. In addition, funding was lacking to conduct public education outreach and the plebiscite has not been re-scheduled.

COMMISSION ON DECOLONIZATION

 Created by PL 23-147 for the implementation and exercise of Guam self-determination “for the Native inhabitants of Guam”. It would enable Guam to be taken off the non-self governing category under the U.N. charter.  The Commission shall “ascertain the intent of the Native Inhabitants of Guam as to their future political relationship with the United States of America” and promptly transmit that desire to the U.S. President and Congress and to the Secretary General of the United Nations.  Composed of 10 members, including the Governor of Guam who serves as chairman. Three (3) members appointed by the Governor, of which one is selected by the minority party of the Legislature, the chairperson the Legislature’s Committee on Federal and Foreign Affairs, and one to be named by the Speaker of the Legislature (who may appoint himself/herself); one member of the Mayors’ Council, one member appointed by the Superior Court Presiding Judge, one Youth Congress member appointed by the speaker, who may appoint himself/herself.  Commission member must be U.S. citizen qualified to vote on Guam.  Except for the chairperson, members shall serve throughout the life of the Commission and shall elect among themselves a Vice Chairperson who shall serve as Chairperson in the

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absence of the Governor. Vacancies shall be filled in the same manner as the original appointment.  Three (3) Task Forces – Statehood, Independence and Free Association -- were created, each comprising of seven members who are advocates for their respective status. The Commission provides resources to the task forces which shall conduct extensive study that includes input from the general public, and prepare/present their respective “Position Paper” to the Commission.  The Commission, in conjunction with the task forces, shall conduct an extensive public education based on the position paper submitted by each task force.

POLITICAL STATUS PLEBISCITE

 The Guam Election Commission shall conduct the plebiscite on the three status options, printed in the ballot in both English and Chamorro. Since the Legislature postponed the original plebiscite date in conjunction with the 2000 general elections, the lawmakers must now set a new plebiscite date.  If none of three statuses receive the majority votes cast in this plebiscite, a run-off shall be conducted in 60 days on the top two options receiving the most votes.

WHO ARE QUALIFIED/ELIGIBLE TO VOTE

 Those persons designated as “Native inhabitants” of Guam or their descendants, defined within Chapter 21 of Title 3 of the Guam Code Annotated, who are 18 years or older on the date of the plebiscite, and registered voters of Guam.  “Native inhabitants” mean those persons who became U.S. citizen by virtue of the Organic Act of Guam and their descendants. The qualification criteria made no reference to Chamorro blood line or ethnic lineage.  Guam residents who were qualified voters but have relocated off island and are registered to vote in their new address are not eligible to vote in the plebiscite.

SEPARATE PLEBISCITE VOTER REGISTRY

 Guam law pertaining to the plebiscite requires a separate voter registry be created and maintained apart from the voter registry for other Guam elections.  The Guam Election Commission is charged with conducting voter registration for the plebiscite and conducting the plebiscite.

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 Eligible voters can register with the Guam Election Commission at the Agana office Monday thru Friday from 8 am to 5 pm. Eligible voters may also register at their village mayor’s offices and through volunteer registrars certified by the Guam Election Commission.  Registration may also take place at the Guam Community College, University of Guam, each high school or any other place within the village designated by the Commission.  Coordinator shall be responsible for logistics (supplies, equipment and transportation) needed for conducting the public education in conjunction with the plebiscite.  Other administrative employees as the Commission deems appropriate.

SETTING PLEBISCITE DATE

 By law, the Legislature must set the date for the plebiscite. Since it is imperative that an exhaustive mass education program be devised, ample time should be provided to conduct effective mass and pocket meetings in the villages, and an intensive media campaign to educate on the pros and cons of the three status options.  Shall the plebiscite be conducted in conjunction with the general elections in 2012 or 2014? The 2012 general elections concerns only voting for senators and mayors and the 2014 will include voting for the governor and senators.  Setting the plebiscite date also hinges on compiling a separate voter registry, as mandated by law, that must include at least 70 percent of the qualified voters. This could present a big problem, since a question exists on how does one determine the 70-percent benchmark if the total number of qualified voters had not been determined?

Chamorro Self-Determination (continuation from page 4)

United Nations Testimonies:

Chamorros on Guåhan and off-island concerned about Chamorro Self-Determination, particularly in light of the U.S. military build-up, returned to the United Nations to provide testimony on behalf of the indigenous group in 2005. Since then, a delegation representing a variety of Guåhan, California, and East Coast-based Non-Government Organizations (NGOs) has consistently provided testimony to the United Nations on the question of Chamorro Self- Determination and resolving Guåhan’s political status issue. While there was a lag in visits to the United Nations before 2005, the impending Guam Build-Up motivated concerned groups to reactivate their participation at the United Nations to raise the critical issue. The following is an itemization of delegation members, organizations represented, and the year in which the testimonies were delivered.

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2005: Julian Aguon, I Nasion CHamoru Debtralynn Quinata, I Nasion CHamoru

2006: Fanai Castro, Chamoru Cultural Development and Research Institute Tiffany Naputi Lacsado, The National Asian Pacific American Women’s Forum Sabina Flores Perez, The International Peoples’ Coalition Against Military Pollution Victoria-Lola Leon Guerrero, The Guåhan Indigenous Collective Senator Hope Alvarez Cristobal, Organization of People for Indigenous Rights Julian Aguon, I Nasion Chamoru

2007: Sabina Flores Perez Victoria-Lola Leon-Guerrero

2008: Senator Vincente C. Pangelinan, Guam Legislature Victoria-Lola Leon Guerrero, I Nasion Chamoru Craig Santos Perez, Guahan Indigenous Collective

Michael Anthony Tuncap, Famoksaiyan Sabina Flores Perez Julian Aguon, I Nasion Chamoru

2009: Senator Hope Cristobal, Guahan Coalition for Peace and Justice Julian Aguon, I NAsion Chamoru Michael Anthony Tuncap, Delegation to the UN Josette Marie Lujan Quinata, Chapman University PI Studies committee Megan Roberto, Teach for America, Philadelphia chapter

David Roberts, University of Toronto, Dept. of Geography Destiny Tedtaotao, School of Social Work, Univ. of Southern California

2010: Hope A. Cristobal, PsyD, Famoksaiyan Michael Anthony Tuncap, Univeristy of California, Ethnic Studies Department Josette Marie Lujan Quinata, Famoksaiyan Alfred Peredo Flores, PhD candidate, Department of History, UCLA My-Lin Nguyen, Famoksaiyan-Southern California Chapter David Roberts, University of Toronto Department of Geography Political Status Subcommittee Transition Report Page 15

Maria Roberts, City University of New York, School of Business

These presentations occurred before a combination of the United Nations’ Special Committee on Decolonization, the General Assembly’s Fourth Committee, and the Permanent Forum on Indigenous Issues. They were generally themed around the human rights violation of the Chamorro peoples’ right to self-determination. Further, the threat to the survival of the Chamorro people and their culture in light of the massive planned military build-up was raised. Requests were made for a United Nations intervention to visit Guam and assess the situation. In addition, requests for funds in support of a self-determination campaign for people on Guam were made of the UN, particularly in the absence of support from Guam’s administering power, the United States. Attached to this report are a number of testimonies presented before the UN. Presentations before the UN’s Special Committee on Decolonization and the General Assembly’s Fourth Committee have been made as the traditional approach to evoking the UN in the past. A new intervention strategy was initiated in 2008 when Chamorro Human Rights Attorney, Mr. Julian Aguon, presented before the UN Permanent Forum on Indigenous Issues. His testimony is seminal in that it explored the use of a different arm of the UN for action. The following is an excerpt of his testimony:

“It is a sad commentary that the Administering Power year after year abstains or votes against UN resolutions addressing the “Quest of Guam” and resolutions reflecting the work of the UN on decolonization including the resolution on the Second International Decade for the Eradication of Colonialism and the very recent Declaration on the Rights of Indigenous Peoples. With this non-support by Guam’s administering power, it is no wonder that the list of Non-Self Governing Territories under the administration of the United States has turned half a century old with little progress.”

It is noteworthy to mention that these trips to the United Nations in New York City are either self-funded by the presenter or the sponsoring organization and is rooted in a commitment to advance this work in the interest of the well-being of Guam for future generations.

United Nations Pacific Regional Seminars:

Every two years, the United Nations’ Special Committee on Decolonization organizes a Pacific Regional Seminar to discuss the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, as well as to serve as a Week of Solidarity with the Peoples of the Non-Self-Governing Territories. In these seminars, elected and appointed officials of the Non-Self-Governing Territories were invited to the Seminar to include Member States, administering Powers, as well as specialized agencies of the United Nations and some regional organizations. Travel costs were paid by the United Nations for representatives of the Non-Self-Governing Territories. It is noteworthy to mention that while the Government of Guam has received formal invitations to these seminars- fully at the expense of the United Nations- the Government of Guam did not send a representative to participate. In the past, it is the Executive

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Director of the Commission on Decolonization who has attended the seminar. Participation in the seminar is critical as testimonies are presented and incorporated into the work of the UN decolonization committee. While the Government of Guam did not send representation, non- government representation was sent- Senator Hope Cristobal attended the seminars over the past five years as follows:

2006 in Yanuca, Fiji- Senator Hope Alvarez Cristobal, Organization of Peoples for Indigenous Rights

2008 in Bandung, Indonesia- Senator Hope Alvarez Cristobal, Guåhan Coalition for Peace and Justice

2010 in Noumea, New Caledonia- Senator Hope Alvarez Cristobal, Guåhan Coalition for Peace and Justice

The next Pacific Regional Seminar is scheduled for 2012 and the location and dates have yet to be announced.

Revitalization of the Chamorro Registry:

In early 2008, a group of individuals concerned about the state of Chamorro Self-Determination called a meeting of parties who have been involved in addressing the issue in a Chamorro Summit. The meeting engaged a planning process that resulted in tangible steps to advance the issue. One of the clear next steps determined was a revitalization of the Chamorro Registry that is necessary for a future plebiscite. Senator Ben Pangelinan committed to take the lead in this area. Through his office, a cadre of over 15 individuals was deputized by the Guam Election Commission to organize opportunities for people to register for the vote. As such, registration booths were set up at community rallies, UOG events, the Liberation Day festivities, and other similar events since 2008. To assist with the process, Senator Pangelinan introduced Bill No. 184-30(COR) which has been passed into law and will append Chamorro Land Trust Commission lessees to the registration roll of the Registry. According to his Chief of Staff, Ms. Lisa Cippiloni, the Guam Election Commission reported on March 2010 a total of 938 people on the Chamorro Registry. She also stated that this figure does not include the Chamorro Land Trust lessees nor the people registered by Senator Pangelinan’s office.

University of Guam Educational Initiatives:

Various faculty of the University of Guam have demonstrated a commitment to resurrect the discourse on the issue of Chamorro Self-Determination. As such, they have taken the lead on the coordination of meetings, conferences, public forums, colloquia, conference presentations, publications, and planning sessions engaging community members on the topic. The dearth of

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these activities are beyond the scope of this report, however, the sponsorship of the Division of Social Work of the annual colloquium presented by Dr. Carlyle Corbin is worthy of mention. Dr. Corbin is a United Nations Advisor on decolonization and an internationally recognized expert on the decolonization process. Attached to this report are his presentations given on November 9, 2009 and November 30, 2010 at the University of Guam titled, “Self- Determination, Globalization, and Militarization: Some Thoughts on Non-Self-Governing Territories in the 21st Century” and “Recent Developments in Small Island Governance: Implications for the Self-Determination Process” respectively. An additional resource attached to this report is Dr. Corbin’s “Analysis of Implementation of the United Nations Decolonisation Mandate during the Second International Decade for the Eradication of Colonialism (2001-2010) and Strategies for Completion of the Decolonization Mandate”, which he delivered in New Caledonia in May 2010 as the designated UN expert providing the review. The Division of Social Work is committed to organizing his visit on an annual basis, as his profound knowledge of the decolonization process serves as a resource for advancing local understanding. Another educational initiative at the University of Guam entails the development of a course specifically focused on decolonization as it applies to the case of Guam. The faculty members are currently formulating the decolonization course and hope to have it added to the Chamorro Studies program curriculum in the Spring of 2011. The course will likely be cross-listed with social work to make the information available to a wider range of students.

Published Scholarly Articles:

Contributing to the literature available in the area of Chamorro Self-Determination, two Chamorro attorneys who are now practicing on Guam published articles in their tenure as students with the University of Hawaii at Manoa. Their papers deepen the discussion of Chamorro Self-Determination by exploring the application of the UN Declaration on the Rights of Indigenous Peoples (Aguon) and examining the option of free-association with U.S. Citizenship (Gutierrrez). Aguon’s article is contained in the attachments of this report and the citation is as follows:

Aguon, J. (2008). Other Arms: The Power of a Dual Rights Legal Strategy for the Chamoru People of Guam Using the Declaration on the Rights of Indigenous Peoples in U.S. Courts, 31 U. HAW. L. REV. 113.

Gutierrez’s article is not contained in this report, however, the citation and introductory paragraph is as follows:

Copyright (c) 2003 William S. Richardson School of Law University of Hawaii Asian- Pacific Law & Policy Journal

COMMENT: Guam's Future Political Status: An Argument for Free Association with U.S. Citizenship Political Status Subcommittee Transition Report Page 18

February, 2003 4 Asian-Pacific L. & Pol'y J. 5

Author Hannah M.T. Gutierrez I. INTRODUCTION

For more than three hundred years, the island of Guam has been subjected to colonial rule and denied full self-governance. 1 Spain claimed Guam in 1565, and established Spanish rule in 1668. 2 After the Spanish-American War, Guam's centuries-long colonizer formally ceded the island to the United States with the ratification of the Treaty of Paris in 1899. 3 With the exception of a three-year period during World War II, when Japanese forces occupied Guam (1941 to 1944), the island has since remained under the control of the United States. 4 At present, this island of U.S. citizens is "one of the oldest colonial dependencies in the world." 5 Currently, Guam is governed by an act of Congress, the Guam Organic Act of 1950. 6 The powers given to Guam under the Organic Act, however, are "merely delegated powers that can be changed or taken away at the will of Congress." 7 Guam's current political status is that of an organized, unincorporated territory of the United States--a territory that has a civil government established by Congress but is not considered to be in transition to statehood. 8 The United Sates granted its citizenship to the "native inhabitants" 9 of Guam with the signing of the Guam Organic Act; however, those who received their citizenship through this Act do not receive the full protections of the U.S. Constitution. 10

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II. External Affairs Transition Subcommittee Report

The Political Status & External Affairs Transition Subcommittee provides the following recommendations to the incoming Calvo-Tenorio Administration concerning regional issues in relation to Guam and Micronesia:

1) Trades: Manpower Resources The Center for Micronesian Empowerment and the Guam Construction Association Trades Academy headquartered in Guam, worked in coordination with the Guam Community College and the outgoing Camacho-Cruz Administration to entice islanders to participate in learning trade skills that would be beneficial for the Guam employment market and also needed within the islands of Micronesia. With the planned military build-up, the Subcommittee recommends that the incoming Calvo-Tenorio Administration continue the Trades Agreement to train island citizens in skilled jobs for manpower resources on Guam and within the region.

2) Regional Importing Opportunities In anticipation of Guam’s economic growth, the Subcommittee recommends that the incoming Calvo-Tenorio Administration and island leaders work with the U.S. Department of Agriculture (USDA) to provide Guam the opportunity to export locally grown produce and import produce grown in the region. By allowing the import of locally grown produce from the islands, provides the region an opportunity to generate revenue within the island economies and provides Guam a better opportunity to meet the need for fresh produce for the local residents, visiting tourist and growing military community. Guam has the opportunity to provide economic stimulus for the region and help address issues of food security in the region. This is a Win-Win opportunity.

3) Updated Census for Freely Associated State Citizens Residing on Guam In order for Guam to receive its fair share of Compact-Impact Funding, the Subcommittee recommends that the next Compact-Impact Micronesian Census must be an accurate housing population count versus the past method

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of random enumeration. The incoming Calvo-Tenorio Administration has the opportunity to work with the U.S. federal government and the leadership of the Freely Associated States, including their consulate offices, to develop more accurate data on the number of FAS citizens residing on Guam. The data gathered should also include how many FAS citizens are receiving health care, education and housing assistance.

The last Compact-Impact Census did not capture an accurate population of the number of Freely Associated citizens on island. In addition, for different reasons, some FAS residents did not want to be counted, and to avoid being counted, would move from one residence to another to avoid being counted in any household. The Subcommittee recommends that an educational program facilitated by the Office of the Governor take place to ensure that island residents and FAS citizens residing on Guam will understand the purpose and benefits that can be gained by an accurate census to address federal re- imbursements to Guam.

4) Governor’s Micronesian-External Affairs Office In order to successfully accomplish the assignments and goals set by the incoming Calvo-Tenorio Administration, the Subcommittee recommends that the existing Micronesian–External Affairs office be recognized by internal and external stakeholders to include stakeholders such as the Consulate offices, community organizations, Department of Education, Guam Police Department, Public Health, Guam Housing and Urban Renewal Authority, and Mayors offices to insure that a close working relationship is maintained and that an active collaboration continues between all parties. The Governor’s Micronesian-External Affairs Office could have extended assistance at the recent incidence at Francisco B. Leon Guerrero Elementary School involving a few Micronesian students, and they can liaison with the Guam Police Department and the Judiciary of Guam to help address the significant high numbers of DUI offenders from the neighboring islands through community outreach.

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Chief Executives of Micronesia

The Governor of Guam serves as a member of the Micronesian Chief Executives. In order to brief the incoming Calvo-Tenorio Administration, the Subcommittee provides the following information on the status and history of the Chief Executives of Micronesia.

In response to the challenges unique to small island developing states, the Chief Executives of Micronesia have come together through a common interest to enhance the quality of life for the people of Micronesia, while at the same time endeavoring to preserve traditional values. To achieve these objectives the Chief Executives developed two (2) sub-regional Chief Executive Summits: The Micronesia Chief Executives' Summit ("MCES") and the Micronesia Presidents' Summit ("MPS"). The MCES is composed of the Chief Executives from Guam, the Commonwealth of the Northern Marianas Islands, the Republic of Palau, the Republic of the Marshall Islands ("RMI") and the Federated States of Micronesia (including state governors - "FSM"). The MPS is composed of the President's of the Republic of Palau, the RMI and the FSM.

Over the past five (5) years, the two (2) Summits have met bi-annually and have issued a series of Joint Communiqués and related resolutions, letters and associated actions and arrangements. These cooperative arrangements form the basis of an emerging foundation of sub-regional multilateral cooperation and governance. Some of the key issues the MCSF is assisting member states in addressing include:

a. Sustainable Economic Development; b. Environmental Preservation; c. Integrated Sustainable Energy; d. Culture and Historic Preservation; e. Poverty Reduction; f. Democracy and Governance; and g. Technology and Telecommunications. Micronesian Center for a Sustainable Future The Micronesian Center for a Sustainable Future ("MCSF") was created as the institutional framework by which the Chief Executives can ensure that there will be more effective and coordinated sustainable development strategies and programs based on regional action, cooperation and shared knowledge.

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A Strategic Design Team ("SDT") has historically assisted with the administration of the Center and oversaw the formation of a non-profit corporation on Guam in December 2009, was instrumental in the MCSF securing an inception grant from Antonio M. Babauta, Assistant Secretary for Insular Areas, US Department of the Interior ("DOI"), and similar matters. It also worked with Assistant Secretary Tony Babauta before his appointment to have the MCSF recognized by Congress and the Federal Government. The SDT serves as staff for the MCSF's Secretary General, and preserves continuity between change of officers (the Secretary General position rotates) and administrations.

One of the primary reasons for forming the non-profit corporation was to have an entity for the MCSF to receive grants, donations, etc. As Guam law requires that a Guam resident serve as Secretary or Treasurer a draft annual corporate resolution provides for Governor Eddie Calvo to succeed Governor Camacho to these offices.

DOI awarded the inception grant to the MCSF via the US Graduate School based out of Hawaii. The role of the Graduate School was originally only intended to administer the DOI grant as a "pass through" for those deliverables specifically identified in the grant proposal submitted by President Manny Mori, who presently serves as MCSF Secretary General. However, since this summer, the Graduate School has become actively involved in overseeing and directing MCSF operations.

The next MCES is being held in Palau during the week of December 13, 2010.

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Additional Regional Issues for Consideration by the Governor’s Office on External Affairs

The Political Status & External Affairs Transition Subcommittee provides the following recommendations to the incoming Calvo-Tenorio Administration concerning additional regional issues:

Japan

The U.S. State Department conducts biennial bilateral talks with Japan on flights between the two countries, including allocation of slots for US airlines at Narita Airport. State allows Guam to sit in on these talks on an observer basis only; Guam is not permitted to participate in the actual discussions. In the recent bidding for routes to Haneda airport, Guam was not successful at securing slots at Haneda. There are similar periodic talks with other nations in the region. Guam should establish dialogue with the State Department to make known its wishes for routes to the major airports in theses countries in hopes that the State Department goes to bat for Guam.

Commonwealth of the Northern Mariana Islands

Guam has always pursued the inclusion of other countries in the Guam Only Visa Waiver Program in order to increase its tourism market. Presently, the federal government may be more focused on the CNMI’s need for inclusion in the visa waiver programs for countries from the region in order to assist the CNMI in recovering its economy. When the federal government placed the CNMI under federal immigration control, the Northern Marianas’ authority to permit workers and/or visitors into the islands was removed further devastating the foundation of the CNMI economy. To assist the CNMI established a foundation for a viable economy, a CNMI Only Visa Waiver Program for Russian and Chinese visitors was implemented. Because of the potentially great benefits of the CNMI program, Guam requested and the legislation for the CNMI was adjusted to include Guam. However, the Department of Homeland Security has real difficulty with the program and effectively blocked its implementation.

In an effort to continue assistance to the CNMI, the Secretary of Homeland Security utilized her authority to parole the CNMI program for China and Russia. Today, CNMI enjoys visitors from China and Russia. Guam has been requesting the Secretary of Homeland Security to utilize her parole authority to permit visitors from China and Russia into Guam. To date this has not been effectuated.

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Since the special visa waiver program is intended to apply to both Guam and the CNMI, the two should lobby together to make it easier for Russian, Chinese and other tourists to visit Guam and the Marianas.

Freely Associated States

The Freely Associated States have a strong interest in sending labor to supply the buildup, and that would support the U.S. objective of helping the FAS economies through the Compact of Free Association. The Micronesian Chief Executives Summit has had extensive discussions on the establishment of workforce training initiatives and programs and has developed a framework for continued discussion and eventual implementation of these programs. Included herewith are the Summit reports which outline these initiatives and programs.

Regional Trade, Health and Environmental Issues

Guam should push the State Department to include it meaningfully in U.S. participation in Asian regional organizations (APEC, etc.) and in regional arms of global organizations (WHO). As with the US-Japan bilateral aviation agreement, Guam should encourage special provisions to more fully integrate Guam into the regional economy and in regional efforts on a whole host of topics. That would be good for the region (increased trade and investment; disease and environmental issues know no boundaries, etc.) and good for Guam. The Micronesian Chief Executives Summit has produced documentation on the establishment and implementation of programs which would address trade, health concerns and environmental issues with the region and with Pacific Rim countries. Copies of the documentation are attached as additional information.

Improved Data Collection for the Territories

The federal census law does not encompass the Freely Associated States. As sovereign nations, the U.S. would have to be invited into these countries to perform surveys and conduct a census. However, regionally, the FAS and Guam can and should develop ways and means by which the movement of citizens among these jurisdictions can be traced and population counts can be continually upgraded. For Guam this is extremely important in that it is the basis upon which Compact Impact funding is determined. This is a matter for open discussion within the Micronesian Chief Executives Summit.

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A Listing of Regional Organizations Provided for Reference

Pacific Islands Forum Secretariat forumsec.org.fj

Secretariat of the Pacific spc.int

Pacific Basin Development Council pixi.com/~pbdc/index.html

Asian Development Bank adb.org

UN Environment Programme unep.org

NOAA1 Coral Reef Int. coralreef.noaa.gov

All Islands Coral Reef Int. allislandscorals.org

Pacific Water Association pacificwaterassociation.org

Japan International Cooperation Agency jica.go.jp/english

Forum Fisheries Agency ffa.int

Western and Central Pacific Fisheries Association wcpfc.int

Pacific Asia Travel Association pata.org

FSM Visitors Board visit-fsm.org

Marshall Islands Visitors Association visitmarshallislands.com

Palau Visitors Association visit-palau.com

Association of Pacific Island Legislatures apilpacific.com

American Samoa http://americansamoa.gov/

Northern Marianas Commonwealth Legislature http://www.cnmileg.gov.mp/

CNMI Executive Branch http://www.executive.gov.mp/

Chuuk State http://www.fsminvest.fm/chuuk/index.html

Federated States of Micronesia http://www.fm/

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FSM Government http://www.fsmgov.org/

FSM Congress http://www.fsmcongress.fm/

Kosrae State, FSM http://www.fsminvest.fm/kosrae/profile.html

Kosrae State Legislature http://www.kosraelegislature.org

Guam Legislature http://www.guamlegislature.com

Island of Guam, Executive Branch http://www.guamgovernor.net

Pohnpei Government http://www.fm/PohnpeiGov

Pohnpei Legislature http://www.fm/PohnpeiLeg/

State of Hawaii http://www.hawaii.gov/portal

Hawaii State Legislature http://www.capitol.hawaii.gov/

Hawaii Senator J. Kalani English http://www.kalanienglish.com

Parliament of Kiribai http://www.parliament.gov.ki/index.html

Republic of the Marshall Islands http://www.rmiembassyus.org

Republic of Nauru http://www.un.int/nauru/

Government of the Republic of Palau http://www.palaugov.net/

Palau National Congress (Senate) http://www.palauoek.net/senate/

Palau National Congress (House) http://www.oek.palaunet.com/Houseof Delegates/Househome.html

Yap State, FSM http://www.fsminvest.fm/yap/index.html

Pacific Islands Development Bank (PIDB) [email protected]

Ayuda Foundation, Micronesian Medical Missions www.ayudafoundation.org

PATA Micronesia Chapter of PATA International www.magnificentmicronesia.com

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POUCHU

UPI (United Pacific Island) Association

Mayors’ Council of the Pacific Islands

Pacific Postsecondary Education Council

Asian Pacific Parliamentarian’s Union