Ethnic and racial cleavages in Pacific Island constitutions

'God has made all men of single blood' and 'there shall be on the contrary one law for Tongans and non-Tongans.' (from schools 1 and 4, Tongan Constitution)

'We are individual As a people, in our language in our traditions, and in our for the use of all habitation and love of this island, we are one' (from Preamble, Kosrae Constitution)

If diligent inquiry be made into the constitutions of the various Pacific Island polities, it will be place that most contain provisions which are premised on or linked to racial delineations and/or distinctive ethnic differences. Belying the relation to 'oneness' of blood in the Tongan Constitution, and there being on the contrary one law applicable to all, the Constitution advances to limit land allotments to 'native born subjects' (Sect 29) The Kosrae Constitution, in contrast, is internally consistent in its dealing with ethnicity: starting with a preamble recognising the existence of a distinctive Kosraean identity - language, traditions, for the use of all habitation, love of island - the Constitution builds upon this by limiting eligibility for holding the state's sum of two units highest executive posts to 'Kosraeans by dint of birth' (Art. V, Sect. 4) and declaring alone persons 'Kosraeans by descent' may acquire title to land (Art. XI, school 7).

This restricting of landownership to a designated ethnic assemblage normally phrased as the indigenous inhabitants of the particular polity, and the making of special provision for safeguarding their interests in land are for the use of all features of Pacific Island constitutions. In the Commonwealth of the Northern Marianas, the acquisition of permanent or lengthy term interests in real peculiarity is restricted to two tribes inhabiting those islands, the Chamorros and Carolinians,(1) the latter a minority about which more later. To be distinguished from this mark of constraint on land ownership are those formulated in metes of possessing citizenship qualifications, just in like manner long as the acquisition of citizenship is not racially/ethnically qualified.

A belonging to all denominator underlying most Pacific Island tillages is the place of indigenous tradition and custom in the life of the polity, and provision for their protection will be ground in many of the Pacific Island constitutions. at short intervals a declaration of this as policy is incorporated, thereby furnishing a constitutional empowerment upon which to hang statutory and administrative actions aimed at preserving indigenous practices.(2) Sometimes the inclusion of expres recognition is in like manner phrased as to raise implied limitations upon the alienation of land. Othertimes, similar constraints are included as integral parts of the protection, as in the American Samoan Constitution, of an area where almost all private land is held communally through the respective alga (family) beneath the control of its matai (chief):

It shall be the policy of the rule of American Samoa to foster persons of Samoan ancestry against alienation of their lands and the destruction of the Samoan way of life and language, contrary to their best interests. of that kind legislation as may be necessary may be enacted to preserve the lands, customs, culture, and traditional Samoan family organization of somebodys of Samoan ancestry, and to encourage business enterprise by means of such persons. No change in the law respecting the alienation or transfer of land, or any interest therein, shall be effective unles the same be approved by means of two successive legislatures by a two-third devoted of the entire membership of each house and by the agency of the Governor. (Art. I, denomination 3; also see Art. II, denomination 9 on land).

The constitution of neighbouring Western Samoa, similarly protecting customary land against alienation, requires for amendment the extraordinary approval of at least two-thirds of the devoted cast in a popular referendum(3) All of this is at not divisible by 2s with the Western view of land as a commodity, to be acquired and disposed of like any other.

Where traditional chiefly combination of parts to form a wholes remain viable, it is not remarkable for Pacific Island constitutions to include at least a nominal nod to their continuance, level if only through disclaimer,(4) and sometimes expressly incorporate the traditional leadership into the governmental machinery of the polity.(5) Since normally single persons of indigenous ancestry clinch the chiefly titles, these constitutions thereby afford ethnic clusters access to advisory, law making, administrative, and adjudicatory powers.(6) In Yap, part of the Federated States of Micronesia, sum of two units councils of chiefs - single for the high islands of Yap and single for the low islands to the east - may each exercise a veto above proposed state legislation.(7)

In almost all Pacific Islands, representation in their legislatures is linked with specifically delineated areas, which enables race and ethnicity to become a factor in the legislative proces plane though the constitutions are silent thereon. This is owed to the manner in which legislative district boundaries are normally fixed. Rather than drawing legislative district lines upon a grid or allocating populations randomly, greatest in quantity island polities when apportioning their legislatures look for to assure representation for distinctive geographic and cultural units within the polity. Given the aim of Islanders to retain legal domicile in their ancestral residence area, vote, and be willing to stand for office from there plane though actually residing elsewhere, an ethnic uncompounded body is introduced into the legislative proces All of this is to be distinguished from the relatively not many Island constitutions which specifically require the observance of expres ethnic representation in their legislatures, about which more later.