American Samoa - Government
Government agencies employ more than one-fourth of all workers. American Samoa is an unincorporated, unorganized territory of the United States. Both of these terms are complex in nature and require considerable study to fully understand. Unincorporated means there are some, albeit rather minor, differences between the rights of the citizens of a territory and a full US citizen. Unorganized refers to a variety of organic acts, most of which give the US Government control of some or all the land in a territory. American Samoa’s communal land system is in conflict with a broad organic act.
Because American Samoa is an unincorporated, unorganized territory of the United States, not all provisions of the U.S. Constitution apply. Moreover, the United States has not provided an organic (charter) act setting forth a system of government. Instead, the U.S. secretary of the interior, who has had jurisdiction over the territory since 1951, gave American Samoa the authority to draft its own constitution (1967).
The head of state of American Samoa is the President of the United States. The President does not play an active role in government. Responsibility for coordinating federal policy is delegated to the Secretary of Interior and, more specifically, to the Department of Insular Affairs.
The American Samoa Government (ASG) is made up of three branches: Executive, Legislative and Judiciary. The territorial government is defined under the Constitution of American Samoa, which was drafted by Governor Peter Tali Coleman in 1961. The final draft of this Constitution took effect July 1, 1967.
Because the matai (chiefly) system of government is so deeply ingrained in Samoan culture, it was important that setup of the Fono (Legislative branch) would be sensitive to this system. It is bi-cameral; made up of an upper and a lower house.
The Legislature, or Fono, is autonomous in its disposition of local revenues and is the sole lawmaking body, although the governor has the power to veto legislation. The Fono’s upper house, the House of Ali’i, (Senate), consists of 18 members, elected to four-year terms by matai (chiefs) of each district as designated by traditional Samoan custom, not by popular election. The House of Representatives elects 20 members, one from each district, to two-year terms. One additional non-voting member is elected from Swains Island in a public meeting. Candidates for House seats are elected by registered voters in their districts, thereby following the democratic principles of a representative democracy.
The judiciary branch is independent. The High Court of American Samoa is the highest court below the U.S. Supreme Court, with District Courts below it. The High Court consists of a Chief Justice and an Associate Justice, appointed by the Secretary of the Interior.
One of the uniquely Samoan aspects of politics in American Samoa is that not all elected officials, including the Governor and Lt. Governor, are required to hold a matai title. However, because the importance and relevance of matai titles remains paramount in the territory on all political levels, chances of an individual being elected to any office without holding a matai title are slim.
For traditional governance, American Samoa is divided into three major districts (counties) – Eastern, Western and Manu’a. Each is administered by a district governor who is appointed by the territorial governor. To be qualified as a district governor, an individual must hold a matai title within the district to which he/she is to be appointed. The American Samoa Constitution designates 12 districts from which one senator per district is elected. It also designates 17 districts from which members of the House of Representatives shall be elected.
Representatives of American Samoa in the House of Representatives serve two-year terms and can participate in all house functions with the exception of voting on the House floor. The representative may serve on committees, has full voting rights at the committee level and may serve as committee chair. They may also make amendments to proposed legislation during discussion on the House floor.
From 1951 to 1977, the Department of the Interior appointed American Samoa's governors; beginning in 1977, Samoans have been able to elect their own governor and lieutenant governor. There also is an 18-member senate chosen by Samoan custom from the 14 counties, and a 20-member house of representatives elected by popular vote; the latter also includes a nonvoting delegate elected from Swains Island. The two legislative bodies constitute the Fono.
There are three districts that make up the first-order subdivisions: Eastern and Western on Tutuila Island (Eastern District also includes the island of Aunu'u) and Manu'a (composed of Ofu, Olosega, and Ta'u Islands). Each has a district governor, appointed by the Governor of American Samoa, and a district council, "chosen ... in accordance with Samoan custom" (American Samoa Code, 1981). Swains Island and Rose Island are not in any district. Swains Island is administered by the village government and a representative of the Governor. Rose Island is an unpopulated coral atoll that is a wildlife refuge under the jurisdiction of the American Samoa government, but is administered by the U.S. Fish and Wildlife Service.
The districts are divided into 14 counties. Each county has a county chief, appointed by the Governor of American Samoa, and a county council, chosen in accordance with Samoan custom.
All land area of American Samoa except Rose Island is assigned to a village. Each village has a village chief, or pulenuu, whom the Governor of American Samoa appoints from among the chiefs resident in each village, and a village council, which consists of all the chiefs and heads of families resident in the village. Accordingly, the Census Bureau treats the villages as if they were incorporated places. The villages are defined by land ownership, or land usership, rather than legally established boundaries. Land surveyed before 1900 (pre-U.S. acquisition) belongs to a specific owner; however, native custom and usage is by far the most common form of land tenure in American Samoa, affecting over 96 percent of all land. The villages are based on traditional communities, which regulate the use and
Occupancy of the land by Samoan custom. Traditional boundaries are based both on the borders as they have been recognized historically, and on which village actually is using the land. Efforts to undertake a land survey to document the current situation have been unsuccessful. Thus, the boundaries of most villages do not have specific locations, are not property lines, and are not recorded in writing. Furthermore, boundaries can change as owned lands are sold or developed, and the location of a boundary can be open to interpretation
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