FSM Constitutional Amendment of Dual Citizenship. By: Rosalinda Yatilman
/By: Rosalinda Yatilman
Edited by: Otis Aisek
Introduction
Title 7, Chapter 2, Section 3, of the Constitution of the Federated States of Micronesia (FSM), states that “a citizen of the FSM who is recognized as a citizen of another nation shall, within three years of his eighteenth birthday, or within three years of the effective date of the Constitution, which is later, register his intent to remain a citizen of the FSM with the President or his designee in the manner and form prescribed by law or regulation and renounce his citizenship of another nation. If he fails to comply with this section, he becomes a national[1] of Micronesia” (“FSM Constitution”, 1975).Ever since the ratification of the FSM Constitution in 1978, there have been a couple of attempts to amend this section of the Constitution. This has been a long debated issue that has once been in the FSM Constitutional Convention (Micro ConCon) of 2001 and has been brought upon four times by referenda (2005, 2007, 2009, 2011). However, all attempts were defeated. This paper explains the amendment process and the attempts taken in hopes of repealing Section 3 of Article III of the FSM Constitution.
Historical Background of the FSM
The Trust Territory of the Pacific Islands (TTPI) was created in 1945 by the United Nations. Chuuk, Marshall Islands, Northern Marianna Islands, Palau, Ponape (Kosrae was then part of Ponape), and Yap, together constituted the TTPI. According to the article “Government of the Federated States of Micronesia History” (n.d.), the United States accepted the role of Trustee of the TTPI, the only United Nations Trusteeship known to be designated as a “Security Trusteeship” whose ultimate deposition was to be determined by the UN Security Council.
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[1] A national is an individual who does not claim FSM citizenship at the age of 21; therefore, not eligible to vote, run for public office, or claim lands in the FSM.
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Since 1975, the Federated States of Micronesia (FSM) has had three Constitutional Conventions. The first convention which took place in Saipan in 1975 resulted with the drafting of the FSM Constitution. The Constitution was ratified in 1978 and approved by voters from Kusaie (now called Kosrae), Ponape (now known as Pohnpei), Truk (now Chuuk), and Yap. “The ratification of the Constitution by these four districts recognized their sovereign right to form the Federated States of Micronesia and make the FSM Constitution the Supreme Law of the Land” (“Government of the FSM: History”, n.d.)
As far as law-making goes, the FSM Congress makes the law, however, the act does not become a law until the president approves and signs it.
Process of Amending/ Changing the FSM Constitution
There are two processes involved in amending the FSM Constitution: proposal and ratification. Section 1 of Article XIV allows for proposals to be made to the FSM Constitution in three ways (1) Constitutional Conventions Process, (2) Popular Initiative (also known as Public Petition), and (3) by congress in a manner provided by law. A proposed amendment can only become a part of the Constitution when approved by ¾ of the votes cast on the amendment in at least three of the four states of the FSM. According to the Public Education on Proposed Constitutional Amendments (2011), if conflicting constitutional amendments submitted to the voters at the same election are approved, the amendment receiving the highest number of affirmative votes shall prevail to the extent of such conflict. With regards to ratification, proposals are submitted to the people to either vote for “yes” or “no”. As mentioned before, three states from the FSM, at least, must each have ¾ affirmative votes of all votes cast. If ratified, a proclamation is issued by the president within 15 days of the vote, a declaration announcing the approval of the amendment.
Review of 2001 Constitutional Convention
On November 12, 2001, the third FSM constitutional convention took place in the Congress Chamber at Palikir, Pohnpei. The elected officers included former FSM president, John R. Hagilelgam, Harry Seymore (Vice President), Lorin Robert (Chairman of the Committee of the Whole), and Naiten O. Phillip (Floor Leader). Appointed Chairs for the Committees included Camillo Noket (Committee on Civil Liberties and Traditions), Aren Palik ( Committee on Public Finance and Revenue), Kasio E. Mida (Committee on Government Structures and Functions), Beauleen Carl-Worswick (Committee on General Provisions), and Wesley Simina (Committee on Style and Arrangements) (“2nd FSM President Heads 3rd Constitutional Convention”, 2011).
Title 7, Chapter 2, Section 2 under the Constitution, defines a citizen as:
- · “A person who is a citizen of the TTPI immediately prior to the effective date of the Constitution and a domiciliary of a district ratifying the Constitution of the Federated States of Micronesia;
- · A person born at, any time, of parents one or both of whom are citizens of the FSM and;
- · A person who becomes a citizens pursuant to Section 4 of 5 of Article III of the Constitution” (“FSM Constitution”, 1975).
Furthermore, Title 7 Chapter 2 Section 3 states that “dual citizenship is prohibited”. Within 3 years of one’s 18th birthday, the individual must register his intent to remain a citizen of the FSM. Failure to do so results in the person becoming a national.
The Proposal and the Analysis
The proposed amendment for Article III of the FSM Constitution included two revisions for both section 2 and 3 of Chapter 2 of Title 7. Section 2 reads that “All persons born of parents one or both of whom are citizens of the FSM or naturalized as citizens of the FSM are citizens of the FSM” (“FSM Constitution”, 1975).John R. Haglelgam (2001) author of, “A Close Look at the Proposed Amendments to the FSM Constitution”, states that Section 3, which is the general idea of the proposal, that “any citizen of the FSM may be a citizen of another country, and shall not be deprived of his FSM citizenship by exercising his citizenship rights of the other nations.” The words for the revised version of Section 2, compared to the current terms of the FSM citizenship, are much wider and covers all the aspects of the requirements of an FSM citizen. The new Section 3 however, allows people to have dual citizenship. This means that a person with one or both parents from the FSM, who is born in a foreign country, may claim his FSM citizenship without relinquishing it.
Background Issues:
The FSM has been facing issues with land for a long time. Because the country is made up of small islands, land is a valuable resource. Dirk Anthony Ballendorf (2005), author of “The Federate States of Micronesia”, states that Article XIII (4) of the Constitution prohibits the purchase of land by non-citizens or corporations that are not wholly owned by citizens, but every citizen of the FSM may purchase land anywhere in the country. However, when this began to happen, many people protested. He stated, “they do not want outsiders- and anyone not from the island is considered an outsider- to buy land in their indigenous states.” (Ballendorf, 2005)
The main issue that was raised in regards to the application of Article III of the FSM Constitution was that it might cause undue hardship on certain citizens of the FSM. For example, Micronesians who serve in the United States armed forces cannot be promoted or have U.S. benefits and entitlements during their service if they are not citizens of the U.S. In order to acquire such benefits, citizens may be forced to renounce their FSM citizenship. Another concern includes Micronesians who are born abroad and have no knowledge of the requirement of the Constitution which states that they must declare their citizenship at the age of 21.Many of them automatically become nationals without being aware of it.
One of the most difficult aspects of this proposal is the impact it will have on land ownership in the FSM. Land ownership, as believed by many Micronesians, is based on bloodline, not birth. The Protocol and Information Officer of the FSM Congress office, Lynn Narruhn, legitimized this customary belief in an interview saying, “land is inherited through lineages.” (Narruhn, 2011). FSM citizens who are granted other citizenship through birth (U.S., and relevant others) are most vulnerable to this section of the Constitution because they may lose their birthright if they renounce their FSM citizenship. Permitting dual citizenship will allow those who can’t claim title to their land because they are not citizens to maintain their land rights. On the other hand, this proposal will permit citizens to claim land in the FSM even though they have not been living in the islands for a long time.
Proposed Bills and Hearings
Since the last FSM Constitutional Convention in 2001, three bills have been proposed by the Congress to amend section 3 of Article III of the FSM Constitution. On October 13, 2004, Henry C. Asugar, member of the Judiciary and Government Operations Committee (J&GO), introduced the first bill to amend Article III of the FSM Constitution. On November 5, 2004, the chairman for the J&GO committee, Mr. Dohsis Halbert submitted a written committee report to Mr. Peter M. Christian, the Speaker of the FSM Thirteenth Congress. The Committee proposed C.B. NO. 13-152 entitled:
A bill for an act to propose the repeal of the Article III, Section 3 of the Constitution of the Federated States of Micronesia, for the purpose of enabling citizens of the Federated States of Micronesia to retain or obtain citizenship of another state without being required to relinquish citizenship of the Federated States of Micronesia, and for other purposes.[2]
The J&GO committee included six members; Dohsis Halbert, Roosevelt D. Kansou, Alik L. Alik, Henry C. Asugar, Peter M. Christian, and Ramon Peyal. It was signed by the chairman himself, vice chairman Roosevelt D. Kansou, and members Alik. L. Alik and Ramon Peyal. If passed by the FSM Congress the bill would go to each of the four states of the FSM for citizens to vote on. On December 23, 2004, then President, Joseph Urusemal, signed the bill into law as P.L. 13-65. [3]
On March 8, 2005, the amendment of Article III, Section 3 of the Constitution was passed by the FSM Congress and went through a referendum. According to reports, it was favored by a majority of 63% of voters. However, the amendment failed to obtain three-fourths of the votes in at least three states as required by the national constitution. Two months later, on May 17, 2005, Dohsis Halbert, again introduced a second bill entitled C.B. No. 14-14.[4] Hearings were then held in each of the states of the FSM, and on September 19, 2008, a public hearing was held in the Congress Hearing Room on the subject bill. Witnesses who were present at that time supported the intent and purpose of the bill. However, like the first one, it failed to obtain support from voters.
On September 26, 2008, Chairman of the J&GO Committee, Peter Sitan, submitted the third bill which was referred as C.B. No. 15-18, for the act to propose the repeal of Article III. According to witnesses who were present at various hearings, the bill stated that voters did not support the prior attempts because they were not fully aware of the intent and purpose of the proposals. Instead of allowing people to vote on the proposal, the committee petitioned for voters to be given enough time to learn about the pros and cons of the constitutional amendment.
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[1] FSM. Congress. Judiciary and Governmental Operations Committee. The 2004 Judiciary Governmental Operations Report (13th S. Rpt. 13-190). Text from Committee Reports. Available from Congress FSM; Accessed: 3/2/12
[1] An Act to propose the repeal of Article III, Section 3 of the Constitution of the Federated States of Micronesia, for the purpose of enabling citizens of the Federated States of Micronesia to retain or obtain citizenship of another state without being required to relinquish citizenship of the Federated States of Micronesia, and for other purposes.
[1] FSM. Congress. Judiciary and Governmental Operations Committee. The 2005 Judiciary Governmental Operations Report (14th S. Rpt. 14-14). Text from Committee Reports. Available from Congress FSM; Accessed: 3/1/12
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President Acts on the Educational Program
PECAC
On April 13, 2010, President Manny Mori created the Public Education for Constitutional Amendment Committee[5] (PECAC). Members included individuals from all of the four states of the FSM: [Chairman Dr. Rufino Mauricio (Pohnpei), Vice Chairman Samari Suta (Chuuk), Treasurer Arthy Nena (Kosrae), Secretary Jesse Giltmag (Yap), and members; Arthur Albert (Kosrae), Dionis Saimon (Pohnpei), Kandhi Elieisar (Chuuk), and Mathew Chigiyal (Yap)] (“PECAC”, 2011). The task force was in charge of organizing and planning activities to educate the public on the proposed amendments which would then be voted upon during the upcoming national election on March 8, 2011.
PECAC Tasks
The PECAC had four main parts in the presentations which were carried out in all the four states. First the task force introduced its mission and “guiding principles in the conduct of the public education on proposed amendments.” (“PECAC” 2011) Second, it provided descriptions on the process of amending the FSM constitution as well as the requirements in order for proposed amendments to pass. Third, the task force introduced the laws which brought about the proposed amendments. This included the explanation of each of the proposed amendments, which included Article III. And finally, they showed samples of how the ballots will look in the upcoming election.
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[1] Committee created, as proposed by the J&GO committee, for the sake of educating voters on the advantages and disadvantages of amending Article III of the FSM Constitution.
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Review of March 8, 2011 Referendum
March 8, 2011’s FSM national election saw yet, another defeat to the proposal. The results were as follows: Chuuk State (67% yes and 33% no), Pohnpei State (67% yes and 33% no), Kosrae State (72% yes and 28% no), and Yap State (73% yes and 27% no) (Haglegam, 2011). The number of votes for March 8, 2011’s national election did not satisfy the ¾ requirement to amend the proposal. As stated in the FSM constitution, no part of the constitution can be amended until they are approved in a referendum by 75% of voters in at least three of the four states of the FSM.
Public Hearings Conducted After March 8, 2011
According to Bill Jaynes (2012) in the article, “Congress Mulling Rights of FSM Nationals”, more public hearings began in September of 2011 to January 2012. First hearing took place on September 25, 2011 in the state of Yap. In Chuuk a hearing took place on the 27th. The state of Kosrae held its own on September 31st and on January 24, 2012 for Pohnpei. Reports state that participants included representatives of the executives and legislatures of each state. For the most part, those who testified acknowledged the inconsistency of the constitution with the Micronesian belief of passing on land to children. If those born abroad become nationals, then by law they cannot claim lands in the FSM, vote, or run for offices. Also, it forecloses certain promotional opportunities to those serving in the military simply because they are not U.S. citizens.
Conclusion
Lack of information available to the public prevents this paper from providing specific details regarding those who testified in support and in opposition of the amendment to Section 3, Article III of the FSM Constitution. In summary, both parties for and against this amendment still remain strong in their positions. Those in support of the amendment are fighting for it because they believe that those who are born abroad are no different than they are. Therefore, they should be given the same rights and not be forced to choose their country of citizenship. On the other hand, those against it believe that dual citizenship will, “create a category of citizens that are partially loyal, somewhat patriotic, and questionably committed to their country” (Haglelgam, 2011). Furthermore, given the nation’s history of never having an amendment to its constitution, a promising resolution seems unlikely. To answer whether or not this issue will be solved anytime soon, no one knows. The answer lies in the future and in the decisions of the FSM Congress and voters.
REFERENCES
1. Adams, Katrina. "Kosrae Unofficial Results â“ FSM National Elections." Kosrae VillageBlog. Kosrae Village, 15 Mar. 2011. Web. 7 Mar. 2012.
2. "Administrative Procedures."Legal Information System of the Federated States of Micronesia.FSM National Government. Web. 7 Mar. 2012.
3. Ballendorf, Dirk Anthony. "The Federated States of Micronesia."Http://www.forumfed.org.2005. Web. 4 Mar. 2012.
4. "FSM Constitution."Legal Information System of the Federated States of Micronesia. FSM National Government. (n.d.)Web. 2 Mar. 2012.
5. Government of the Federated States of Micronesia History."Welcome to the FSM Government Home Page. FSM National Government. (n.d.) Web. 4 Mar. 2012.
6. Haglelgam, J. R., 2012, Regent Professor at the College of Micronesia- FSM National Campus, personal communication by e-mail.
7. Haglelgam, John R. "A Close Look at the Proposed Amendments to the FSM Constitution."Welcome to the FSM Government Home Page. Micronesian Seminar, Apr. 2002. Web. 5 Mar. 2012.
7. Haglelgam, John R. "Proposed Constitutional Amendments?"Http://www.bild-art.de/kpress/.Kaselehlie Press, 23 Feb. 2011. Web. 3 Mar. 2012.
8. Jaynes, Bill. "Congress Mulling Rights of FSM Nationals."Http://www.bild-art.de/kpress/.Kaselehlie Press, 22 Feb. 2012. Web. 7 Mar. 2012.
9. Narruhn L., 2012, FSM Congress Protocol and Information Officer, personal communication by e-mail.
10. “Public Law 13-65” (13th Stat.2004; Date: 12/23/04) Text from FSM Public Laws. Available from: Congress FSM ® Congressional; Accessed; 3/5/12.
[1] A national is an individual who does not claim FSM citizenship at the age of 21; therefore, not eligible to vote, run for public office, or claim lands in the FSM.
[2] FSM. Congress. Judiciary and Governmental Operations Committee. The 2004 Judiciary Governmental Operations Report (13th S. Rpt. 13-190). Text from Committee Reports. Available from Congress FSM; Accessed: 3/2/12
[3] An Act to propose the repeal of Article III, Section 3 of the Constitution of the Federated States of Micronesia, for the purpose of enabling citizens of the Federated States of Micronesia to retain or obtain citizenship of another state without being required to relinquish citizenship of the Federated States of Micronesia, and for other purposes.
[4] FSM. Congress. Judiciary and Governmental Operations Committee. The 2005 Judiciary Governmental Operations Report (14th S. Rpt. 14-14). Text from Committee Reports. Available from Congress FSM; Accessed: 3/1/12
[5] Committee created, as proposed by the J&GO committee, for the sake of educating voters on the advantages and disadvantages of amending Article III of the FSM Constitution.