U.S federal courts could destroy Samoan Culture

"To this day, our native land tenure system remains at the very core of our existence: our culture, our heritage and our way of life. Without our native land tenure system, our matai or chieftain system will fade over time-along with our language, our customs and our culture.we, as a people, have an overriding desire to keep the fabric of our society (i.e., our Samoan culture) intact. No other U.S. state or territory enjoys the total and complete preservation of its people's culture as American Samoa. I fear that the imposition of a federal court system in American Samoa may have a destructive impact on our culture."

REPORT NOTES CONCERN OVER AMERICAN SAMOA CULTURE
U.S. federal courts could jeopardize Matai system of justice

By Fili Sagapolutele

PAGO PAGO, American Samoa (Samoa News, July 2, 2008) - The Government Accountability Office (GAO) said in its report released Friday that one key reason offered against changing the current judicial system in American Samoa is the concern that a federal court would impinge upon Samoan culture and traditions.

"The most frequent concerns raised were related issues- that the system of matai chiefs and the land tenure system could be jeopardized," according to the GAO report on the study of the local judicial system. "In raising these issues, some cited the deeds of cession which specify that the United States would preserve the rights and property of the Samoan people."

[PIR editor’s note: American Samoa is the only populated U.S. insular area that does not have a federal court. Congress has granted the local High Court federal jurisdiction for certain federal matters, such as specific areas of maritime law. GAO was asked to conduct a study of American Samoa’s system for addressing matters of federal law.]

The GAO summarized in the report comments received from the community via interviews with local officials and leaders, e-mails, and comments from a Fono hearing held two years ago on a federal measure seeking to establish a federal court in the territory.Pursuant to the federalist structure of the U.S. judiciary, GAO says if a federal court were established in American Samoa most cases arising under local law, such as matai and land disputes, would likely continue to be heard by the local court.

"However, some American Samoa officials stated that they are concerned that if a federal court were established in American Samoa, federal judges, without the requisite knowledge of Samoan culture and tradition, would hear land and title cases," the report states.

Another concern raised by government officials and local residents is that the presence of a federal court may generate constitutional challenges to the matai and land tenure system.

Though such challenges may be brought in existing venues, some voiced concerns that a federal court here may make such challenges less costly and perhaps more likely.

In general, many residents said they value their culture and traditions and think that the matai and land tenure systems in American Samoa are critical components of the fa'a Samoa.

GAO summarized in the report a quote from Secretary of Samoan Affairs Mauga T. Asuega, which is the position GAO has heard from many local residents:

"To this day, our native land tenure system remains at the very core of our existence: our culture, our heritage and our way of life. Without our native land tenure system, our matai or chieftain system will fade over time-along with our language, our customs and our culture.we, as a people, have an overriding desire to keep the fabric of our society (i.e., our Samoan culture) intact. No other U.S. state or territory enjoys the total and complete preservation of its people's culture as American Samoa. I fear that the imposition of a federal court system in American Samoa may have a destructive impact on our culture."

The governor's assistant legal counsel M. Talaimalo Uiagalelei informed GAO that results of the report "reflect a relatively fair depiction of the general feeling and attitude towards this issue."

"It is only our intention that we impress upon you again our position that the Samoan land tenure and matai systems are very much vital to the Samoan way of life, and so we must make sure that in your efforts to provide federal justice we do not place it in danger," he wrote in a June 12, 2007
letter to GAO.

(Both federal and local agencies that have interest with the study were sent
draft copies of the GAO report before it was finalized.)GAO received a variety of views from the public regarding the establishmentof a federal court here.

Some local residents cite concerns about costs that defendants' families must bear in traveling great distances to provide support during trials. Some also say they have felt shame and embarrassment when defendants are taken to distant courts.

During GAO's group discussions held locally, some stated that American Samoa is perceived by others as "unable to render justice to its own residents".

According to the GAO, some people they met have stated that the current system of holding federal criminal trials outside of American Samoa subjects defendants to possible prejudices by jurors in other locations.

They cited the relative unfamiliarity of the judges and jurors in Washington, D.C. or Honolulu regarding American Samoa cultural and political issues and suggested that American Samoans would receive a fairer trial in American Samoa than in these locations.

However, several local law enforcement officials do not want federal cases handled here and raised concerns that given the close familial ties in American Samoa, it would be difficult to obtain convictions from local jurors.

Other residents, however, believe that having a federal court in American Samoa may act as a deterrent for the abuse of federal funds and public corruption.

The report quotes a legal expert saying that a federal court in Pago Pago would provide the community with an opportunity to see first hand how parties can come together to resolve their differences with regard to federal matters.

For example, some have asserted that if public corruption trials were held in American Samoa, they would act as a deterrent to others contemplating fraudulent behavior; increase accountability with regard to government spending; and provide satisfaction in witnessing wrong doers being brought to justice, the report says.

Members of the local bar association say that having a federal court here could be beneficial for economic development, by attracting qualified attorneys and court staff to American Samoa.

The Samoa News: http://www.samoanews.com/