Text Fwd: [famoksaiyanfriends] About Manipulations and Indigenous Rights [괌] 조작과 원주민의 권리에 대해

* Text sent from Martha Duenas on Oct. 26, 2010

Marianas Variety
About Manipulations and Indigenous Rights

Letter to the Editor
Wednesday, 20 October 2010 04:00


A public hearing was held on August 4, 2009 on Bill 190-30 about “indigenous fishing rights” and to date has not made it to session floor for debate, due to some concern about its constitutionality.

I care not whatsoever as to the constitutionality of Bill 190-30, whether as an indigenous person of my Homeland or as a U.S. citizen under the Organic Act of Guam, since I challenge that the Territories Clause, Article IV, Section 3, of the Constitution defers our governance to the Organic Act solely, even though the Organic Act itself is also deficient. Why else is there continued effort and research to ensure that laws passed by Congress are made applicable to Guam - because if not, only the Organic Act will withstand muster in Court.

It is tantamount to continued servitude to be held in bondage to the governing document of the Administering Power, the United States of America, even as we and our Homeland have been inscribed under Chapter XI, Article 73 of the United Nations Charter as a non-self-governing territory since 1946.

By signing the Charter, the U.S. recognized that “the interests of the inhabitants of these territories are paramount” and that they accepted “as a sacred trust the obligation to promote to the utmost our well-being, to ensure with due respect… our political, economic, social, and educational advancement,” – none of which was conditioned on the impact of migration of other peoples into our environment.

In the legislative history for the Guam Elective Governor Act, which provided for gubernatorial elections since 1970, there was much discussion as to the extension of the Constitution and whether or not it would affect the “unincorporated” status of Guam as a territory, that is, that it is NOT a part of the United States.

From Office of the Solicitor of Interior: “…Legislative intent has been the controlling factor whenever the Court determines that a territory was incorporated or unincorporated… we are of the opinion that the Court would adhere to precedent and accept the status rather than overturn the “mysterious doctrine” surrounding unincorporated territories. Expressed another way, the Court would not find that Congress intended the entire Constitution to be applicable to Guam… “

From the Legislative Secretary: “… Exactly what provisions of the Constitution are applicable to unincorporated territories is somewhat ambiguous, as are other areas of law…”

So, how can indigenous fishing rights as desirous to be exercised by the Chamorro People be in any way a threat to the continued status of Guam as an “unincorporated” territory? How can indigenous fishing rights be a threat to non-indigenous residents of Guam, when the Constitution itself has limited application to the Chamorro People because of our political status?

In the Congressional minutes on the Organic Act, the four Secretaries involved in this process, namely, State, War, Navy, and Interior noted the following: in 1950, there were 27,000 “native Guamanians” and they were described as native inhabitant, inhabitant of Guam, Guamanian nationals, the Guamanian people, Guamanians, people of Guam, Guamanian ancestry, indigenous population.

We, the Chamorro People are still the “native inhabitants” of Guam – and no one else. We, the Chamorro People are still the “indigenous” People of Guam – and no one else. We, the Chamorro People of Guam still hold the “sacred trust obligation” of the U.S. that our interests are “PARAMOUNT” – and no one else.

Our legislature recently chastised Delegate Bordallo for not supporting the “Declaration on the Rights of Indigenous Peoples” and to that stance they passed Resolution No. 420-30 and transmitted the same to all those in Congress, the President, respective U.S. departments, and the United Nations. Senators, do not now be fearful and slow to act on perceived controversial bills.

We stand in defense and ownership of our fundamental, inalienable human right to govern ourselves without intimidation and outside interference, in the exercise and claim to some 5,000 years of our heritage, our belief systems, our language, our culture, our air, our waters, and our lands – and yes, even our right to fish for our very sustenance.

Help us to discard our splendid transformation as a conquered people. Help us to get off our knees in subjugation and rise in our quest for Chamorro sovereignty. Guam is not just our home - Guam is our Homeland and in our own Homeland, we cannot be partially free – we are either free, or we are not. Hafa ta na-nangga? Nilibre!

Patty Garrido
Harmon Cliffline