Resolution adopted by the United Nations
Special Committee on Decolonisation
Question of American Samoa
The
General Assembly,
Having
considered the question of American Samoa,
Having
examined the relevant chapter of the report 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 for 2016, related to American
Samoa,[1]
Taking
note of the working paper prepared by the Secretariat on American Samoa[2] and other relevant information,
Recognizing
that all available options for self-determination of the Territory are valid as
long as they are in accordance with the freely expressed wishes of the people
of American Samoa and in conformity with the clearly defined principles
contained in General Assembly resolutions 1514 (XV) of 14 December 1960, 1541 (XV)
of 15 December 1960 and other resolutions of the Assembly,
Expressing
concern that 56 years after the adoption of the Declaration on the Granting
of Independence to Colonial Countries and Peoples,[3] there
still remain 17 Non-Self-Governing Territories, including American Samoa,
Conscious
of the importance of continuing the effective implementation of the
Declaration, taking into account the target set by the United Nations to
eradicate colonialism by 2020 and the plans of action for the Second[4] and Third International Decades for the Eradication of Colonialism,
Recognizing
that the specific characteristics and the aspirations of the people of American
Samoa require flexible, practical and innovative approaches to the options for
self-determination, without any prejudice to territorial size, geographical
location, size of population or natural resources,
Convinced
that the wishes and aspirations of the people of the Territory should continue
to guide the development of their future political status and that referendums,
free and fair elections and other forms of popular consultation play an important
role in ascertaining the wishes and aspirations of the people,
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,
Concerned by the use and exploitation of the natural resources of the Non-Self-Governing
Territories by the administering Powers for their benefit, by the use of the
Territories as tax heavens to the detriment of the world economy and by the
consequences of any economic activities of the administering Powers that are
contrary to the interests of the people of the Territories, as well as to
resolution 1514 (XV),
Convinced
that any negotiations to determine the status of the Territory must take place
with the active involvement and participation of the people of the Territory,
under the auspices of the United Nations, on a case-by-case basis, and that the
views of the people of American Samoa in respect of their right to
self-determination should be ascertained,
Noting
the continued cooperation of the Non-Self-Governing Territories at the local
and regional levels, including participation in the work of regional
organizations,
Mindful
that, in order for the Special Committee to enhance its understanding of the
political status of the people of American Samoa and to fulfil its mandate
effectively, it is important for it to be apprised by the administering Power
and to receive information from other appropriate sources, including the
representatives of the Territory, concerning the wishes and aspirations of the
people of the Territory,
Aware
of the importance both to American Samoa and to the Special Committee of the
participation of elected and appointed representatives of American Samoa in the
work of the Committee,
Recognizing
the need for the Special Committee to ensure that the appropriate bodies of the
United Nations actively pursue a public awareness campaign aimed at assisting
the people of American Samoa with their inalienable right to self-determination
and in gaining a better understanding of the options for self-determination, on
a case-by-case basis,
Mindful,
in that connection, that the holding of regional seminars in the Caribbean and
Pacific regions and at Headquarters, with the active participation of
representatives of the Non-Self-Governing Territories, provides a helpful means
for the Special Committee to fulfil its mandate and that the regional nature of
the seminars, which alternate between the Caribbean and the Pacific, is a
crucial element in the context of a United Nations programme for ascertaining
the political status of the Territories,
Welcoming the Pacific regional seminar
held by the Special Committee in Managua and hosted by the Government of
Nicaragua from 31 May to 2 June 2016 as a significant and forward-looking
event, which enabled the participants to assess the progress made in the
decolonization process and to review the existing working methods of the
Committee and renew its momentum in implementing its historic task,
Recognizing
the importance of the conclusions and recommendations adopted by the seminar,
which are annexed to the report of the Special Committee[5] and which outline the findings of the seminar, including,
especially, the way forward for the decolonization process within the context
of the proclamation by the General Assembly of the period 2011-2020 as the
Third International Decade for the Eradication of Colonialism,[6]
Noting
with appreciation the contribution to the development of some Territories
by the specialized agencies and other organizations of the United Nations
system, in particular the Economic Commission for Latin America and the
Caribbean, the Economic and Social Commission for Asia and the Pacific, the
United Nations Development Programme and the World Food Programme, as well as
regional institutions such as the Caribbean Development Bank, the Caribbean
Community, the Organization of Eastern Caribbean States, the Pacific Islands
Forum and the agencies of the Council of Regional Organizations in the Pacific,
Aware
that, under United States law, the Secretary of the Interior takes administrative
jurisdiction over American Samoa,[7]
Recalling
the statement made by the representative of the Governor of American Samoa at
the Caribbean regional seminar held in Managua from 19 to 21 May 2015
that, while the Territory enjoyed a great deal of self-government, its current
legal status was seen as an anachronism that exposed the Territory to
situations beyond its control and needed to be remedied,
Recalling
also 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,
Recalling
further the position of the administering Power and the statements made by
representatives of American Samoa at regional seminars inviting the Special
Committee to send a visiting mission to the Territory,
Acknowledging
the participation of a representation of American Samoa at the 2016 Pacific
regional seminar,
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,
Taking
note of the decisions of the United States 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,
which 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
also of the pending decision by the Supreme Court of the United States on the
petition for a writ of certiorari submitted in February 2016,
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 October 2015, the United States passed Public Law 114-61, providing an
immediate incremental increase of $0.40 per hour in the transitional minimum
wage for each industry in American Samoa, with additional increases occurring
every three years on 30 September until the minimum wage is equal to that in
the United States,
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. Reaffirms the inalienable right of the
people of American Samoa to self-determination, 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
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. 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 also welcomes 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. 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 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. Stresses the importance of the Special
Committee being apprised of the views and wishes of the people of American
Samoa and enhancing its understanding of their conditions, including the nature
and scope of the existing political and constitutional arrangements between
American Samoa and the administering Power;
9. Calls upon the administering Power to
participate in and cooperate fully with the work of the Special Committee in
order to implement the provisions of Article 73 e of the Charter and the Declaration and in order to advise the
Committee on the implementation of the provisions under Article 73 b of the Charter on efforts to promote
self-government in American Samoa, and encourages the administering Power to
facilitate visiting and special missions to the Territory;
10. Reaffirms the responsibility of the
administering Power under the Charter to promote the economic and social
development and to preserve the cultural identity of the Territory, and
requests the administering Power to take steps to enlist and make effective use
of all possible assistance, on both a bilateral and a multilateral basis, in
the strengthening of the economies of the Territory;
11. Takes into account the 2030 Agenda for
Sustainable Development, including the Sustainable Development Goals,[8] stresses the importance of fostering the economic and social
sustainable development of the Territory by promoting sustained, inclusive and
equitable economic growth, creating greater opportunities for all, reducing
inequalities, raising basic standards of living, fostering equitable social
development and inclusion and promoting the integrated and sustainable management
of natural resources and ecosystems that supports, inter alia, economic, social
and human development, while facilitating ecosystem conservation, regeneration,
restoration and resilience in the face of new and emerging challenges, and
strongly urges the administering Power to refrain from undertaking any kind of
illicit, harmful and unproductive activities, including the use of the
Territory as a tax haven, that are not aligned with the interest of the people
of the Territory;
12. Requests the Territory and the
administering Power to take all measures necessary to protect and conserve the
environment of the Territory against any degradation, and once again requests
the specialized agencies concerned to monitor environmental conditions in the
Territory and to provide assistance to the Territory, consistent with their
prevailing rules of procedure;
13. Requests the Special Committee to
continue to examine the question of American Samoa and to report thereon to the
General Assembly at its seventy-second session and on the implementation of the
present resolution.
[1] Official
Records of the General Assembly, Seventy-first Session, Supplement No. 23 (A/71/23), chap. X.
[2] A/AC.109/2016/1.
[4] A/56/61,
annex.
[5] Official
Records of the General Assembly, Seventy-first Session, Supplement No. 23 (A/71/23).
