Questions of American Samoa, Anguilla, Bermuda, the British Virgin Islands,
the Cayman Islands, Guam, Montserrat, Pitcairn, Saint Helena,
the Turks and Caicos Islands and the United States Virgin Islands
A/RES/70/102 A-B
Recalling the position of the administering Power and the statements made by
representatives of American Samoa at regional seminars inviting the Special
Committee on the Situation with regard to the Implementation of the Declaration on
the Granting of Independence to Colonial Countries and Peoples to send a visiting
mission to the Territory,
Aware of the work of the Future Political Status Study Commission, completed
in 2006, the release of its report, with recommendations, in January 2007 and the
creation of the American Samoa Constitutional Review Committee, as well as the
holding in June 2010 of the Territory’ s fourth Constitutional Convention,
Noting the statement made by the representative of the Governor of American
Samoa at the 2015 Caribbean regional seminar, expressing concern that the Territory
continued to get its authority from the President and the Department of the Interior
of the administering Power, that the Territory had no representation in the federal
Congress and that its Constitution needed to be approved by the Government of the
administering Power,
Acknowledging the outcome of the referendum held on 4 November 2014, in
which the proposal to give the Fono, the Territory’ s legislature, the authority to
override the Governor ’ s veto was rejected, and welcoming the discussion opened in
the Territory as to the way forward,
Taking note of the decision of the United States Court of Appeals for the
District of Columbia Circuit, issued on 5 June 2015, affirming the judgement of the
United States District Court for the District of Columbia, which dismissed a lawsuit
seeking a declaratory judgement that would have asserted that the citizenship clause
of the Fourteenth Amendment to the Constitution of the United States extended to
American Samoa,
Acknowledging the indication by the territorial Government, including at the
2015 Caribbean regional seminar, that certain federal laws have had and continue to
have a debilitating impact on the Territory’ s ability to achieve sustainable economic
growth,
Aware that, in July 2012, the United States passed Public Law 112–149, which
includes a provision to delay the minimum wage increases in American Samoa, as
provided by United States Public Law 110–28, until September 2015,
Aware also that American Samoa continues to be the only United States
Territory to receive financial assistance from the administering Power for the
operations of the territorial Government,
1.
Welcomes the work of the territorial Government with respect to moving
forward on political status, local autonomy and self-governance issues with a view
to making political and economic progress and in particular the announcement of a
dialogue among the people of American Samoa on the Territory’ s future political
status;
2.
Acknowledges the indication by the territorial Government that American
Samoa should remain on the list of Non-Self-Governing Territories, under the
purview of the Special Committee on the Situation with regard to the
Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples, until such time as its people have exercised their right to
self-determination;
3.
Expresses its appreciation for the invitation extended in 2015 by the
Governor of American Samoa to the Special Committee to send a visiting mission to
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