Testimony of Melvin Won
Pat Borja (Guam)
Executive Director -
Commission on Decolonization
2019 United Nations
Regional Seminar
St. George, Grenada
May 2-4, 2019
"We look forward to building strong relationships with both the United Nations and our Administering Power to forge ahead on our path to restorative justice and the true liberation of Guåhan and her people."
__________________________
Håfa Adai Your Excellency Chairman of the committee, distinguished
delegates, and representatives from our fellow non-self governing territories.
Guåhu si Melvin Won Pat-Borja. I am the Executive Director of the Guam
Commission on Decolonization, I represent the Honorable Lou Leon Guerrero, i
Maga’hågan Guåhan.
Today I will be providing updates on decolonization efforts in
Guam and I will discuss some critical issues that impact our ability to move
forward efficiently in this process.
In 2011, a retired U.S. Military captain sued the Government of
Guam after his unsuccessful attempt to register as a voter in Guam’s
decolonization plebiscite as he did not meet the “native inhabitant”
requirement. The Chief United States District Judge ruled that Guam’s Plebiscite
Law was unconstitutional and discriminated against the plaintiff and his civil
rights as a U.S. citizen. My colleague, Dr. Michael Lujan Bevaqua,
eloquently elaborated in his discussion paper for the 2017 Regional Seminar, “a
process of decolonization that must follow the rules of the colonizer is not
decolonization: it is an extension of colonization.”
Although the voter eligibility case is being appealed to the 9th
Circuit Court, the implications of this case are divisive and counterproductive
to the nature and essence of the UN Charter and Resolution 1514.
Regardless of the outcome, the case can be appealed to the U.S. Supreme
Court - a scenario that exhibits the reality in which the United States
Judicial system is utilized to influence the terms of our decolonization and
ultimately dictate the outcome.
In September of 2017, the U.S. Federal Government sued the
Government of Guam for implementing a local law which created the CHamoru Land
Trust Commission (CLTC). The Federal Government contends that the local
program is racially discriminatory and therefore violates the Federal Fair
Housing Act. Similar to the voter eligibility case, this suit against the
CLTC is yet another example of our Administering Power’s use of its federal
system to impede our progress toward native inhabitant recognition and
decolonization.
In December of 2018, a federal judge ruled that at this time, the
US Government failed to prove that the CLTC amounts to a racially
discriminatory policy. This ruling was a victory - but how many more hoops must
we jump through for the U.S. to honor its commitment under the Treaty of Paris
to help advance the civil rights and political status of the people of Guam?
Why must we constantly justify and defend the validity of this fundamental
human right?
The aforementioned cases serve as reminders that Guam is a
spoil of war, its people remain colonized, and that their self-determination is
not prioritized by the U.S.. Worse is that laws passed by a
legislative body, elected at large, are cast as racial with no recognition or
critical examination of the racism inherent in our continued colonization.
In fact, many indigenous and native inhabitants on Guam have a
strong sense of patriotism and loyalty to the U.S. despite this history. No amount
of patriotism, however, should warrant a blind eye to the inequity of our
current unincorporated territory status.
Guam believes that self-determination must reflect the
international community’s recognition that decolonization is realized through a
choice for; 1) Independence, 2) Integration, or 3) Free Association.
Further, we believe upholding the Treaty of Paris means to respect the
local law defining native inhabitant as an individual and their descendants who
gained U.S. citizenship resulting from the enactment of the 1950 Organic Act of
Guam, which is ironically a federal law.
Guam is eager and willing to pursue decolonization and to proclaim
our political desires to the international community. We believe, like
the majority of you here, that a decolonization process which adheres to the
norms and expectations of the international community is the road that should
be traveled.
With the election of Guam’s first woman Governor, along with her
commitment to Guam’s decolonization, we believe that our journey has been
reinvigorated. Add to this, that each branch of our republican form of
government; the executive, legislative, and judicial, are led by women. This is
not only a historical achievement for Guam, but a first for any State or Territory
in the history of the United States. We are actively engaging our
government, and our political leadership is a manifestation of our desire to
address the inequities of our current situation and political status.
Given the theme of this year’s Regional Seminar, the United
Nations and Guam’s Administering Power can assist in this endeavor by
supporting our efforts to educate all members of our community. We are
not blind that choices made for our island’s future will have an effect on
anyone who has made Guam their home. Thus, all should understand the
opportunities and challenges that lay ahead of us. Because of this, Guam
is making a concerted effort to launch a sustained political status education
campaign.
This year, the Commission on Decolonization will reignite its
plans to conduct a Self-Determination Study, host a Regional Self-Determination
Conference, and launch a Media Education Campaign. The Commission is able to
fund these projects through the generosity of the Department of the Interior; they
are the principal advocates and champions for U.S. territories in our relations
with the federal government and we are committed to building deeper
understanding between us in order to see this through.
The Self-Determination Study will be compiled in collaboration
with the University of Guam and will assess Guam’s current political status and
paint an accurate political portrait of the level of self-governance on Guam
under the Status Quo. Further, it will analyze the three recognized
political statuses to predict how each would impact various aspects of life on
Guam to include the economy, trade, social services, education, defense,
international relations, and others. The Self-Determination Study stands to be
one of our most powerful tools to educate our community because it will answer
many of the common questions and concerns of our people.
The Self-Determination Regional Conference will welcome regional
leaders and decolonization experts to promote community conversation around the
topic of decolonization. It will draw on the experiences and knowledge of
other communities who have embarked on similar quests for decolonization. The
conference will be open to the public and will be televised.
The Media Education Campaign will focus on developing educational
content for mass media and social media distribution. We are working with
the Public Broadcasting Station and the University of Guam to create a
marketing plan that will leverage the educational content and allow us to
engage with a large audience. These materials will also be repurposed for
traditional educational texts.
There is a clear need for more resources if we are to conduct a
sustained comprehensive and effective educational campaign on Guam. Our
challenges are vast and we are working against over 450 years of colonial
conditioning. However, we are a resilient and determined people. We will
continue to be unrelenting to achieve our fundamental and basic human right to
make a choice.
We urge the United Nations to uphold its annual commitment to
support our cause and extend assistance to our efforts to educate our island and
we invite and welcome a visiting mission to Guam to bear witness to 454 years
of uninterrupted colonization by both Spain and the United States. We
also invite our Administering Power to join us in reaffirming the principle
that governments derive their just powers only from the consent of the
governed.
We look forward to building strong relationships with both the
United Nations and our Administering Power to forge ahead on our path to
restorative justice and the true liberation of Guåhan and her people.
Saina ma’åse for your time and the opportunity to speak before the
committee.
