190 the contemporary pacific ‡ 23:1 (2011) out that after numerous inquiries they References could not find anyone in the govern- ment who could name the maritime Colbert Nation. 2010. Colbert Report: Tip/Wag: Marshall Islands & Disney commissioner for the Marshall World Fate. http://www.colbertnation.com/ Islands, the individual charged with the-colbert-report-videos/312630/june-15 administering the RMI ship registry -2010/tip-wag---marshall-islands---disney- (MIJ, 25 June 2010). It remains to world-fate be seen how the Marshalls will fare Hamburger, Tom and Kim Geiger. 2010. in any future investigation of the Foreign Flagging of Offshore Rigs Skirts incident, as promised by the Obama U.S. Safety Rules. Los Angeles Times, administration. 14 June. As to the vote of the International Whaling Commission, a report in the ———. Marshall Law, American Disaster. Tribune Washington Bureau, 14 June. Sunday Times of London uncovered Archived online at http://petersantilli an alleged bribery scandal in which .com/2010/06/15/marshall-law-american Japanese officials attempted to pay -disaster/ off government representatives, including those from the Marshall MIJ, Marshall Islands Journal. Majuro. Daily. Islands, with cash, aid, and prosti- tutes in order to secure votes in favor Sunday Times [London] 2010. Flights, of reopening commercial whaling Girls and Cash Buy Japan Whaling Votes at June’s iwc meeting in Morocco 13 June. (Sunday Times, 13 June 2010). While Minister of Foreign Affairs Silk denied the bribery allegations, the commis- Commonwealth of the sion barred the Marshalls, along with Northern sixteen other nations, from voting. The reason cited was a failure to pay The year in review was again one of annual IWC dues, which Silk admitted shock and awe with major crises being the Marshalls had fallen behind on, confronted with regard to the Retire- but the stigma of the bribery scandal ment Fund, budget process, Com- has placed the country, a traditionally monwealth Utilities Corporation, and pro-whaling entity, in an uncomfort- US-CNMI relations. Economic devel- able position as Palau, also a tradi- opment has been sporadic at best. This tionally pro-whaling nation, came out year’s report continues in the vein of ahead of the meeting declaring that it previous reports. would be voting “no” (MIJ, 25 June President Obama’s American 2010). It is unclear what the end result Reconstruction and Recovery Act of the RMI role in both the bp oil spill resulted in approximately $94 million and the IWC alleged bribery scandal being directed toward the common- will be, but they made for an inauspi- wealth. Some of that has already been cious end to an already tumultuous applied to road construction, school period of review. repairs, and a variety of other projects. david w kupferman This spending has yet to result in any tangible improvements in day-to-day pol i t ical reviews ‡ micronesia 191 living, however. Gas prices have con- development. As of this writing, there tinued to fluctuate. As of May 2010 has been no movement on the part of regular gas was around $3.90 a gallon the Neo-Gold Wings company to pay on and over $5.00 a gallon on their outstanding lease rent. . The minimum wage increased Airline scheduling continued to be a by fifty cents last November to $4.55, problem, with only intermittent flights but another fifty-cent increase, to arriving from Japan. Only Northwest $5.05, has been delayed until Septem- Airlines had regularly scheduled daily ber 2010. flights between Saipan and Japan. One of the problems handicapping Regularly scheduled flights did come planning in the commonwealth has from Korea, which also ferried in been the issue of demographics. Since Russian and Chinese tourists. Tourism the last census in 2000, when the total was still way down, partially because population of the commonwealth was of changes in immigration policies pegged at about 70,000 (approxi- following the federalization of immi- mately 40,000 were guest workers), gration in November 2008. This has the garment industry has closed down caused confusion about impending and the economic conditions have visa regulations. driven many local people off island. The implementation of the Cov- There has been no way to accurately enant Implementation Act (Public Law estimate what the population is at this 110–229), which is commonly seen as point. Working estimates go from a the US takeover of immigration in the low of 50,000 to a high of 60,000. commonwealth, has resulted in a great The decennial census, which is tak- deal of confusion and worry in several ing place as this is being written, will sectors. The Department of Homeland go a long way toward resolving this Security has yet to finalize many of problem and provide for more rational the regulations it is responsible for planning at all levels. in the commonwealth while at the In the area of development, as same time the US Congress is now reported last year (McPhetres 2010), facing a major challenge in reforming two new hotels signed land leases for national immigration laws. Pressure is major investment programs. The Neo- on Congress to grant special immigra- Gold Wings Casino and Spa on tion status to persons who have lived and the Flame Sako project in the legally in the Marianas for five years Marpi Area of northern Saipan were or longer. The secretary of the interior promoted as major investments total- recommended that these alien workers ing hundreds of millions of dollars. be allowed to adjust their status and To date, beyond getting their leases suggested that there are five options approved by the legislature, no prog- under current US law that could be ress has been made on either project. applied: An alien worker could be However, in May 2010 the Korean granted (1) citizenship by act of Con- investment company on the Flame gress; (2) permanent residence status Sako project did pay their overdue (ie, a green card) with a pathway to lease payments and promised that they citizenship through a five-year resi- would be going ahead with the resort dence anywhere in the United States or 192 the contemporary pacific ‡ 23:1 (2011) its territories; (3) permanent resident department has conceded to allow an status leading to US citizenship after advance parole system for potential a five-year minimum residence in the tourists from those two countries. commonwealth; (4) non-immigrant Tourists must book in advance and status similar to that negotiated for seek approval to travel to Saipan citizens of the freely associated states, without going to a US consulate to get whereby such persons may live and a visa, which would otherwise take work in the United States and its ter- months. Russian tourists have been ritories but without a path to citizen- particularly important because they ship; or (5) non-immigrant status come in family groups, have consid- similar to that negotiated for citizens erable finances available for local of the freely associated states, whereby spending, and stay for several weeks such persons may live and work in the at a time. Under the new regulations commonwealth only (US Secretary of granting “parole” (essentially an the Interior 2010, 19). alternative visa waiver program), they Nearly everyone agrees that the can stay on Saipan for up to forty- economy of the Marianas is totally five days. All they have to do is have dependent on the availability of for- their travel agency fax an application eign labor. However, this availability showing their name, passport number, would be threatened if the workers family members, and other identifying were free to leave at will or if federal data to the Homeland Security office visa regulations handicapped employ- on Saipan, which then puts them on ers trying to obtain necessary workers. a list of eligible tourists at the airport. Special visas that would apply only to This system is currently in effect. the Northern Marianas but could be The imposition of Public Law obtained by those with “transitional 110 –229 has also severely curtailed worker status” are currently being control over foreign workers by the established by law. commonwealth departments of labor The Department of Homeland and immigration. Deportation is now Security’s delay in finalizing regula- under the exclusive authority of the tions has led to a great deal of conster- federal government, and a new federal nation over how to continue to attract immigration court has been estab- Russian and Chinese tourists, who lished that determines the deportabil- are presently considered extremely ity of foreign nationals. However, the valuable to business on Saipan and commonwealth labor department still Tinian. Previously, under local immi- believes that it has the authority to ter- gration control, these tourists entered minate work authorizations and sub- on a CNMI-only entry permit. The mit the names of offenders for depor- Department of Homeland Security tation. These conflicting positions are had initially planned to require regular being fought over by the federal and tourist visas for visitors from Russia commonwealth governments. and China, but, realizing how impor- Governor has chal- tant these tourists are to the CNMI lenged the authority of the United economy and how difficult it is to States to apply federal immigration get visas in their home countries, the and labor laws, citing it as a viola- pol i t ical reviews ‡ micronesia 193 tion of the commonwealth covenant. happened during the course of this He filed a federal court case in year was the successful performance of Washington DC shortly after impo- newly elected Congressional Delegate sition of the law, but the case was Gregorio Kilili Sablan. In his first year recently dismissed. Regardless, the in Washington he has been instru- CNMI Department of Labor contin- mental in getting the commonwealth ues to issue regulations controlling included in a variety of beneficial laws the foreign workers inside the com- that apply to the states but would not monwealth and rejects any authority have applied to the Marianas with- of the federal government in these out his intervention. These include areas. In May, the CNMI Department providing economic stimulus funding of Labor issued regulations requir- to the Marianas, increasing federal ing all contract workers to register money for scholarships, and having with them at the expiration of their access to a variety of other economic work permits or face deportation. development packages. Sablan is The resulting confusion on the part now up for reelection this November, of the employers and employees has running for a second two-year term. reached a critical state. According to Already, three opposition candidates the Saipan Chamber of Commerce, have surfaced: former Commonwealth investors are not interested in getting Judge Jesus Borja, former Governor involved in projects in the common- , and former legislator wealth until this issue is resolved and and attorney José Camacho. It appears they know who is in charge of labor that the office, which was previously and immigration. Currently the federal derided as useless since it is a nonvot- ombudsman is informing workers that ing delegate, has suddenly become a the so-called umbrella permits issued coveted objective. Borja is running as by the commonwealth just prior to a Democrat, Camacho is running for implementation of the federal law will the Covenant party, and Babauta will be honored by the federal government. be running as a Republican. Incum- The permit grants workers permission bent Sablan was elected as an inde- to remain in the commonwealth until pendent but aligned himself with the their current entry permits expire, or Democratic Party in Congress, so the 28 November 2011 at the latest, and election in November should be very grants them freedom to continue to interesting. find employment. The CNMI Depart- As an aside, the Democratic Party ment of Labor claims it has reserved of the Northern Marianas hopes to the authority to cancel the umbrella be accepted within the national party. permits and to decide who is deport- This would give the Democrats the able and who is not. However, under advantages—currently only held by federal law the new federal immigra- the local Republicans—of receiving tion court has exclusive authority over resources from the national party for deportation decisions. Both sides agree their candidates and of being able to that a determination by a federal court participate in the national party com- is needed to resolve the issue. mittee. One of the more positive things that The decision by the US Depart- 194 the contemporary pacific ‡ 23:1 (2011) ment of Defense in 2008 to move panacea for the economy again raised some 9,000 Marines, their dependents, its head. As mentioned in last year’s and civilian staffers to Guam has report, Rota Resort was sold to a spilled over into the Northern Mari- Japanese casino investor who plans anas (estimates of the total numbers to put into operation a mini casino in involved vary considerably; see also the coming year. The recently passed the Guam review, this issue). An envi- Rota Casino Act, which allows for any ronmental impact statement issued by number of casinos on the island, is the Department of the Navy in June now operational. So far, the Japanese 2010 indicated that the Department investor, who has interests in casinos of Defense has a very strong interest in other parts of the world, is the in using part of Tinian and several of only one who has shown an interest the islands north of Saipan as part of in Rota; he is talking about bringing their training area. The move from in his own airline to shuttle clients Japan is supposed to be completed by directly to Rota from the Chinese 2014, according to the original plan mainland, Japan, and other places. signed between the Japanese and US Even though no casino is currently on governments in 2006. They definitely island or even under construction, a have plans for Tinian, including a live Casino Control Commission has been fire training base. However, much to appointed and has received $402,000 the chagrin of the people of Okinawa from the central government as start- and Tinian, the separate relocation up funding for the board of directors’ of the Futenma Marine airbase from salaries and their travel to study casi- Okinawa to Tinian, which had been nos in other parts of the world. proposed by Tinian and the com- Meanwhile, because of questions monwealth legislature and supported over the general availability of alien by the people of Okinawa, has been labor and the economic crash, work scratched because the US Department has stopped on both of the casinos on of Defense wants to keep that facil- Tinian that were approved last year. ity in close proximity to the Asian Only one may eventually open when mainland, given the current relation- circumstances are improved; the other ship with North Korea. The people had its lease terminated by the gov- of Tinian and the commonwealth ernment for nonpayment. The Tinian legislature both sent resolutions to Dynasty Hotel and Casino is strug- the Department of Defense and to the gling through. Even one additional Diet in Japan supporting the pro- casino on Tinian would require a posed move. Japanese Prime Minister large expansion of the Island’s infra- Yukio Hatoyama felt forced to resign structure. Additionally, relations with because he had promised the people the military—which controls the top of Okinawa he would reduce the two-thirds of the island for ninety-nine American presence on all of Okinawa years as established by the common- and relocate Futenma Marine airbase, wealth covenant—would need to be which is now scheduled to be moved ironed out. to a less populated area of Okinawa. CNMI House Speaker Froilan The subject of gambling as a Tenorio, an adamant supporter of pol i t ical reviews ‡ micronesia 195 casinos, has introduced legislation June, a little over $5 million had been to hold a referendum to allow casi- collected by reallocating money from nos on Saipan. A second referendum different agencies, to pay for fuel for initiative on casinos on Saipan is also one more month or until a new source pending in the legislature. However, of funding is found. The governor has a recent survey of travel agencies proclaimed another state of emergency by the Marianas Visitors Authority to allow him to move funds as he representative in Tokyo indicates that sees fit to meet the demands. It is not most Japanese tourists do not want known how long this can last, but it to see casinos on Saipan; they would cannot continue much longer. rather it remained pristine and free of Nothing has changed since last year the casino industry. Casinos have been concerning the status of the Com- voted down on Saipan every time they monwealth Retirement Fund. There have been brought up. If casinos are are well over $200 million in obligated approved, competition among five or payments to retirees and $500 mil- more casinos on all three islands for lion in unfunded liabilities that should the same tourist pool, primarily from have been in the investment fund. Asia, could be a problem. Retirees are being paid from the fund’s As noted in last year’s review, the principal rather than from the interest Commonwealth Utilities Corpora- earned. tion was addressing the rolling power The fiscal year began with an esti- outages on Saipan by leasing portable mated revenue of $156 million based generators while the primary turbines on the previous year, but before the were being overhauled. The overhaul fiscal year was two months old, esti- was completed in spring 2010, and mated revenues dropped to $136 mil- now all local generators are func- lion. Since there is no new budget, the tioning at capacity. This has been a spending ceiling is still $156 million. welcome respite for the people and Most observers feel that it is going businesses who have recently enjoyed to drop, though, because of reduced consistent power that they have not revenues. To put this in perspective, in had for years. However, there is now the 1990s when the garment industry a fuel crisis. Over the past several was producing at its peak, govern- years, government agencies including ment revenues peaked at around $250 the administration, the public school million. Now, as a result, austerity system, and Northern Marianas Col- measures are again being imposed, lege have failed to pay their utility bills resulting in shorter workweeks, lim- in toto or on time, and together they ited hiring, and reduced budgets. With owe over $5 million to the utilities the fuel crisis and the budgetary crisis, corporation. The month of June 2010 it is rumored (and quite possible) that opened with the threat of having to there will be some agency closings. shut down all the generators because The first potential payless payday there was no money to purchase fuel for most government employees was for the three main islands: Saipan, 18 June 2010. More payless paydays Tinian, and Rota. It takes $1.3 million have been promised by the Lieutenant a week to fuel the machinery. As of 11 Governor unless the legisla- 196 the contemporary pacific ‡ 23:1 (2011) ture adopts severe austerity measures, those in the business sector, which such as adding payless Fridays twice is dependent on contract workers to a month, unpaid holidays, severe cuts survive. However, a sense of insecurity in overtime and other extra payments, can be felt, both on the part of the or a combination of these. On 25 contract workers, who are afraid of June 2010, as acting governor, Inos being without visas and deported en announced that payless Fridays will masse after November 2014, and on continue to recur unless the legis- the part of indigenous people, who lature enacts such severe measures fear losing control. The workers have immediately. held several peaceful demonstrations, In the area of social issues there petition campaigns, and other public is an interesting phenomenon taking activities to show Congress that they place: a form of retribalization. In the really want them to act on immigra- process of debating and discussing tion and the Department of Interior’s the impact of enhanced immigration recommendations as soon as possible. status for contract workers, a certain There is still no indication as to what segment of the indigenous population direction Congress will take on pro- has begun to form a defensive posi- viding improved immigration status tion in order to prepare for a possible for contract workers who have resided (imaginary?) onslaught of newly natu- in the Marianas for more than five ralized US citizens. These new citizens years, as recommended by the Depart- would consist largely of people who ment of the Interior. have lived for decades in the Marianas As a footnote to this particular as contract workers as well as their issue, in the past six or eight months commonwealth-born children, and a law professor in Taiwan, Dr Paul they may suddenly be gaining the right Risenhoover has taken it on himself to to vote and participate in the politi- file a brief at the International Court cal process. The Office of Indigenous of Justice asking it to declare the cov- Affairs and the Office of Carolinian enant establishing the commonwealth Affairs recently cosponsored a peace- as colonialism directly depriving the ful demonstration aimed at showing indigenous inhabitants of their inher- Congress that the indigenous people ent Chamorro and Carolinian citizen- of the Marianas do not want to have ship (emphasis added). His lawsuit in special privileges given to the contract the Ninth Circuit Court of Appeals on workers who would suddenly make citizenship was thrown out. Risen- the Chamorros and Carolinians a hoover is dedicated to the idea that the minority in “their own” islands. Pub- indigenous people are not US citizens lic meetings are being held throughout but nationals and have been deprived the islands to gauge the feelings of the of their indigenous rights. While this is population, and the plan is to com- not exactly front-page news, a certain municate those concerns to Congress substratum of the population is taking before it acts on the immigration him seriously. bill. It should be clear that the local The Marianas Trench Monument population does not have a unanimous became recognized by law on the last opinion on this issue, particularly day of President George W Bush’s pol i t ical reviews ‡ micronesia 197 term of office. In January 2010 a faculty members has since been rein- swath of ocean starting with Ura- stated. The search is currently on for a cas, the northernmost island of the new president. Marianas chain, down the eastern On 20 November 2009, the North- side of the Marianas, including the ern Marianas entered the ranks of site of Marianas Trench, has become a victims of mass shootings. A Chinese national monument closed to com- man who was the caretaker of a mercial fishing and other commer- private shooting range “went postal” cial activities. Now there is a battle and for no apparent reason, other between Guam and the Northern than job dissatisfaction, picked up Marianas as to where the visitor several semiautomatic rifles, boxes of center, called for in the law, will be ammunition, 410 shotguns, and .22 located. Delegate Madeleine Bordallo magnum revolvers and proceeded to of Guam wants it on her island even gun down a whole Chamorro fam- though the people of the Northern ily living next door to the shooting Marianas had lobbied for the monu- range. Two adults and two children ment. So far there is no organization were killed; a third child survived. The set up to administer the monument. shooter then drove north to Banzai The location of the visitor center will Cliff and sprayed a group of South be determined by Congress. Korean tourists with bullets, wound- Two new books are soon to be ing eight of them, one seriously. He published about the Marianas. One then went to the edge of Banzai Cliff by former Supreme Court Judge José and shot himself with one of his rifles. Dela Cruz and dealing with the politi- He had tried to destroy all of his per- cal history of the Marianas should be sonal identification papers by putting available in July, while the other, based them on the car seat, pouring gasoline on a PhD dissertation by Roman de over them, and igniting them. When los Santos, is a history of Northern the police arrived at the van, it was Marianas educational systems from full of smoke, and they had to smash the Spanish era to the present. through the back window to get in. In December 2009, Northern Mari- Total casualties were 11, including 3 anas College underwent a major crisis from the family, 8 Korean tourists, when the college president refused to and the shooter. Suicide notes indicat- renew the contracts of several key staff ing that the whole event was premedi- members who had been involved in tated were apparently found placed criticizing her administration. This led around the shooting range. When it to a movement by students and faculty became known in the community that to have one of the faculty members somebody, apparently a Chinese male, reinstated and a move by the board of was shooting from a car, the whole regents to investigate the administra- island of Saipan shut down as rumors tion of the president. The president of several Chinese shooters in multiple was dismissed following the results of vehicles ran rampant. It was not until investigations by the attorney general’s hours after the final shot was fired on office and the personnel committee Banzai Cliff that the community qui- of the board of regents. One of the eted down and began moving around. 198 the contemporary pacific ‡ 23:1 (2011)

Every law enforcement agency on the A three-day meeting of the chief island, both local and federal, was executives of all of Micronesia (the mobilized. former Trust Territory of the Pacific On a lighter note, the Marianas Islands) ended on 25 June on Saipan. gathered a bit of notoriety (as if we They reached several agreements on needed more) when the governor, who working together on tourism, the has chronic back problems, called for environment, climate change, and his favorite masseuse to come to his public health, among other things. At house and relieve his pain in the early the conclusion of the session, Gover- hours of the morning. By itself this nor Fitial presented each visitor with would not be particularly notewor- a wooden quarter modeled after the thy; however, the masseuse was in jail one issued by the US Mint featuring after having been arrested by federal the symbols of the Northern Mari- authorities with a group of over ana Islands. (At least they did not get twenty Chinese attempting to take off wooden nickels.) Their next meeting from Saipan in a boat and sneak into will be on Kosrae, Federated States of Guam illegally. When the director of Micronesia. the prisons was informed that her boss Readers who have followed this was in great pain, she pulled together column over the past ten years may be three other prison staffers and escorted interested to note that former multi- the Chinese female to the governor’s millionaire lobbyist Jack Abramoff, house in the wee hours of the morn- who pled guilty to several corruption ing. Governor Fitial’s wife was present counts, is now out on parole and has a at all times, as were the guards. When job at a pizza parlor. the massage was completed, the pris- samuel f mcphetres oner was escorted back to her cell. This probably would not have made the news except for the fact that she was a federal prisoner and the References director of the commonwealth prison kmcv Television, Saipan. did not actually have the authority to 0DULDQDV9DULHW\ Daily. Saipan. move her anywhere without federal concurrence, even if the governor McPhetres, Samuel F. 2010. Micronesia permitted it. Since the husband of in Review: Issues and Events, 1 July 2008 the prison director is also serving to 30 June 2009: Commonwealth of the . The Contem- time in jail, the matter became more porary Pacific 22:144–152. complicated. No federal charges were brought against any of the prison staff Pacific Islands Report. Pacific Islands involved. Shortly after the dust had Development Program, East-West Center, settled, the prison director was trans- Honolulu. http://www.pireport.org ferred to the office of the governor 6DLSDQ7ULEXQH Daily. as a special assistant. Stories of this US Secretary of the Interior. 2010. Report incident were carried in newspapers on the Alien Worker Population in the around the world and became known Commonwealth of the Northern Mariana as “massagegate.” Islands. Washington dc, April.