A/RES/73/108
Question of American Samoa
creation of the American Samoa Constitutional Review Committee, as well as the
holding in June 2010 of the Territory’s fourth Constitutional Convention,
Recalling the decisions of the United States judiciary in which it dismissed a
lawsuit seeking a declaratory judgment that would have asserted that the citizenship
clause of the Fourteenth Amendment to the Constitution of the United States extended
to American Samoa, and taking note of the decision in which the petition for a writ
of certiorari was denied, 8
Recalling also the general election in the Territory which took place in
November 2016, 9
1.
Reaffirms the inalienable right of the people of American Samoa to selfdetermination, in conformity with the Charter of the United Nations and with General
Assembly resolution 1514 (XV), containing the Declaration on the Granting of
Independence to Colonial Countries and Peoples;
2.
Also reaffirms that, in the process of the decolonization of American
Samoa, there is no alternative to the principle of self-determination, which is also a
fundamental human right, as recognized under the relevant human rights conventions;
3.
Further reaffirms that it is ultimately for the people of American Samoa to
determine freely their future political status in accordance with the relevant
provisions of the Charter, the Declaration and the relevant resolutions of the General
Assembly, and in that connection calls upon the administering Power, in cooperation
with the territorial Government and appropriate bodies of the United Nations system,
to develop political education programmes for the Territory in order to foster an
awareness among the people of their right to self-determination in conformity with
the legitimate political status options, based on the principles clearly defined in
Assembly resolution 1541 (XV) and other relevant resolutions and decisions;
4.
Takes note of 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 recalls the establishment in
April 2016 of the Office of Political Status, Constitutional Review and Federal
Relations;
5.
Recalls 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;
6.
Also recalls the invitation extended in 2015 by the Governor of American
Samoa to the Special Committee to send a visiting mission to the Territory, calls upon
the administering Power to facilitate such a mission if the territorial Government so
desires, and requests the Chair of the Special Committee to take all the steps necessary
to that end;
7.
Requests the administering Power to assist the Territory by facilitating its
work concerning a public awareness programme, consistent with Article 73 b of the
Charter, and in that regard calls upon the relevant United Nations organizations to
provide assistance to the Territory, if requested;
__________________
8
9
4/5
Decisions of the Court of Appeals for the District of Columbia Circuit, issued on 5 June and
2 October 2015, affirming the judgment of the United States District Court for the District of
Columbia, and of the Supreme Court of the United States on 13 June 2016.
See A/AC.109/2017/1, paras. 7–8.
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