Samoas fail to resolve row

Samisoni Pareti

TRAVEL BETWEEN THE TWO Samoas is increasingly becoming difficult in spite of the intervention of the two countries' heads of government.

Beginning May 1, American Samoans will no longer enjoy visa or permit free access into their western neighbour. They have to pay US$10 for entry permits each time they arrive in the independent island state.

The new travel measure was put in place in retaliation to the American territory's decision to change travel documentation for Samoans visiting its eastern-most neighbour.

Claiming its 14-day permit entry had been abused, Pago Pago's new attorney-general Sialega Malaetasi Togafau decided to tighten immigration rules.

Issuance of such permits, he said, would only be granted to those who qualify, businesspeople and those needing to travel urgently for medical reason, or attend a funeral.

Togafau said applications for a 14-day entry permit would also need to be vetted first by Samoa's own Immigration Department in Apia before they were submitted to his office in Pago Pago.

The American Samoan attorney-general would not admit it publicly, but officials said of the more than 1000 illegal residents in the United States territory, about 600 are from Samoa, mostly working in the two big canneries there. Because of this, Tofagau felt his territory's immigration rules needed to be tightened up and strictly adhered to.

By the first week of March and only days after territorial immigration officers applied the new rule, Samoa Observer newspaper reported at least four Samoans had been deported.

Togafau denied this days later, saying the four left American Samoa “voluntarily.” When Samoa responded with plans to revoke visa-free entry of American Samoans and the imposition of a US$10 entry permit levy, indications were that the dispute was going to escalate into a nasty tit-for-tat cross border dispute.

Legislators in Pago Pago even considered a motion to revoke the invitation of some of its neighbours to its flag-raising ceremony in April, whilst calls for Prime Minister Tuilaepa Aiono Sailele Malielegaoi to play “hardball for change” was heard in Apia.

Tuilaepa, who also heads his country's immigration portfolio, instead agreed to receive a high-level government delegation from Pago Pago, led by the territory's Lieutenant Governor Ipulasi Aitofele Sunia. Togafau was also part of the delegation.

Despite the optimism of the official statement issued after the Apia talks, it was obvious neither country wanted to give in. A follow-up meeting was to be held in Pago Pago in mid-April.

“We clarified that Samoa's main objective is to make travel easier for Samoan citizens,” the Samoa Observer quoted Tuilaepa as saying.

As a compromise, the Samoan PM, the newspaper reported, did suggest that both islands open a consular office in each other's capital to process travel documentation. Days later, it was reported that the idea might not be appropriate for American Samoa because “as a US territory, it can't set up a consulate office in a foreign country,” reported the Samoa Observer. Pago Pago would need to liaise with the Office of the Department of the Interior and the State Department in Washington DC.

Amidst the confusion came a legal opinion from American Samoa that even its current 14-day entry permit for Samoans, agreed to by previous administrations of both countries in the early 1990s, may be unlawful.

Special counsel for the territory's Senate, Roy J.D. Hall Junior-as reported in the Samoa News newspaper-wondered whether the special entry permit agreement between the two Samoas should have been allowed in the first place. “The US Constitution sets restrictions on states wherein it states, 'no State shall enter into any treaty”. He cited the relevant provision in the United States Constitution-Article I, Section 10.

“In this situation, a signed Memorandum of Understanding between American Samoa and Samoa would be equivalent to a treaty that is in violation of the American Constitution, since American Samoa would be required to follow this restriction under Section 1.0201 (2), wherein it provides that the laws applicable in American Samoa include 'the parts of the Constitution of the United States of America and the laws of the United States of America as, by their own force, are in effect in American Samoa.”

The second meeting to resolve the border entry rules in Pago Pago on April 15 again failed to reach a breakthrough in cross-border entries.

Like the statement after their first meeting in Apia, the Pago Pago statement recognised the need to ensure that “travel between the two Samoas is made as convenient as possible.”

But after noting the “importance of international border control and security, and the necessity of maintaining safety and protection of both Samoas,” the statement announced that Samoa would continue with its decision to require permits for American Samoans visiting Samoa.

“For its part, the administration of Governor Togiola said there would be “no change to the existing law permitting entry into American Samoa.”

The post-dialogue statement added that “detailed proposals” would be finalised at the annual American Samoa-Samoa talks, scheduled at the end of this month.

This is not the first time Pago Pago has locked horns with its other Pacific islands neighbours over cross-border entries. In the fallout of the September 11 attacks in 2001, the American territory listed Fiji as one of the countries that had the potential to harbour terrorists. Fiji's name was only taken off the list following an uproar from both the government and political parties in the independent island state.

NEWS IN BRIEF By Marj Moore Promises, promises With elections but a year off, it was perhaps inevitable. Flying a 'People First' election slogan, the Opposition party-Samoa Democratic United Party (SDUP)-has begun wooing prospective voters. Promises of family benefits, old age pension increases, support for the restoration of New Zealand citizenship for some Samoans, and voting rights for Samoan citizens living abroad were first up with apparently more to come. As befits such promises, there was little information on how these promises would be funded. Reaction from the voters was mixed with some noting that at least the party was being pro-active as opposed to previous elections where campaigns were built on reactions to government plans. Doctors strike averted A proposed work to rule by doctors over pay issues and working conditions has been averted in the 11th hour following a meeting with the Samoan Cabinet. Newly-appointed Health CEO, Palanatina Toelupe, showed the necessary sangfroid by advising the public of sensible measures that could be taken by those seeking medical treatment at the Tupua Tamasese Meaole Hospital.   Courting action Alleging violation of his rights, the Deputy Opposition Leader, Asiata Saleimoa Va'ai is taking the Speaker and Parliament's Privileges and Ethics Committee to court. Asiata has been suspended without pay for four months following complaints he made to the Inter Parliamentary Union (IPU) alleging bias in the way Samoa's Parliament is conducted. Adding insult to injury, the suspension decision was taken while he was overseas. Revolving doors First, it was New Zealand-based Salamasina Timoteo Toilolo and then it was Samoa's Pouniu George Hazelman. Employees at the Airport Authority could be forgiven for being confused when the new appointment of a CEO, approved by cabinet, was changed within a matter of days. This followed what the Minister of Works, Faumuina Liuga, described as 'new information' about Salamasina. It was not, he claimed, because of pressure from members of the public.