| Trusteeship
Agreement
Those new to the Commonwealth may hear or read an occasional
reference to the Trusteeship
Agreement and the Trust Territory and for
those unacquainted with
the terms a cursory explanation follows.
At the conclusion of the First World War in 1919 the League of
Nations was organized.
Germany had controlled the Northern Mariana Islands
since acquiring them from
Spain, but with its defeat, Germany was stripped
of all its overseas possessions.
The Mariana Islands were turned over to
the newly created League
of Nations to be administered as the Japanese
Mandated Territory.
Japan had become an ally of the United States, Great
Britain and France shortly
before the end of the war and was named as the
Pacific area's administering
authority, remaining as such until defeated
by the United States in
1994 during the Second World War.
In 1945 the United Nations was organized, and in July 1947, the
islands were placed under
the purview of the Security Council since they
were considered to be a
strategic area. Of the eleven Trusteeships to
evolve out of the flames
of World War II only one, that being in the
western Pacific, was to
be supervise by the United Nations’ Security
Council where the United
States exercised a veto power.
The United States was appointed the administering authority under an
agreement with the United
Nations known as the Trusteeship Agreement.
Under the terms of this
Agreement the United States assumed the obligation
to develop the area economically,
socially and politically for eventual
self-government. At
that time the area, known as the Trust Territory of
the Pacific Islands, consisted
of the island groups of Belau (Palau), Yap,
Chuuk (Truk), Pohnpei (Ponape),
Kosrae (Kusaie), the Marshalls and the
Northern Marianas. Guam
was not part of the Trust Territory. Negotiations
for self-government, and
thus eventual termination of the Trusteeship
Agreement, first began in
1970. The people of the Marianas were the first
of all the former Trust
Territory entities to decide their future political
identity, they decided to
enter into a Commonwealth arrangement in
political union with the
United States. In all of Micronesia they were the
only island group to do
so.
On May 28,1986 the United Nations Trusteeship Council concluded that
the United States had satisfactorily
discharged its obligations to the
islands. On November 4,
1986 United States citizenship was conferred upon
those people of the Northern
Marianas that met the necessary
qualifications. On December
22,1990 the Security Council voted to dissolve
the trusteeship over the
Northern Marianas, Marshall Islands and the
Federated States Of Micronesia.
The full extent of the political
relationship of the Northern
Mariana Islands with the United States of
America and many of the
details pertaining there-to are largely unknown and
imprecise to many of us
at this time. This results in part because the
relationship has not been
defined in any detail and also from the fact that
no other member of the American
political family became so associated under
circumstances even remotely
similar to those by which the Northern Marianas
became affiliated with the
United States. Not even the nexus between the
Commonwealth of Puerto Rico
can provide much insight as to the extent and
scope of the CNMI's Covenant
agreement. The issue is very much unsettled.
It may be somewhat disconcerting
to some when it is discovered that even
students of the American
legal structure will not venture to define what
U.S. laws prevail in the
islands and those that do not. Students of
political science are uncertain
of the connection with the result that
there is confusion because
of the many unresolved issues in this unique and
complex relationship.
There are those in the Commonwealth that wish to retain as much
political and internal autonomy,
indeed, independence from the federal
government and the American
legal structure as possible. How and when a
determination will be made
and a method devised to clear up the legal and
political ambiguities which
remain in this sometimes awkward political
affiliation is a subject
of conjecture and will no doubt remain so until
resolved at the highest
level of the American judicial system, presuming ,
of course, that a sufficiently
justified issue is brought before the U. S.
Supreme Court and the Court
decides to hear the case.
The CNMI /US relationship is sometimes confused because it is still
in the process of evolving.
Indeed, Section 902 of the Covenant permits a
reassessment of the relationship
every 10 years. Thus, the process of
learning the unintended
consequences of the merging relationship with the
United States, by necessity,
continues to evolve and refined as time goes
by. Many of the complex
issues which were to arise in the future could not
possibly have been foreseen
in 1975 and thus a document was produced to
permit flexibility in the
new political relationship. A former Assistant
Secretary of the U. S. Department
of Interior has stated:
" Freedom to choose a political
status carries with it the responsibility,
first, to make an informed
choice and second, to live with the benefits and
responsibilities of that
choice." Further the official stated," for insular
leaders to argue that what
they freely chose many years ago is not what
they thought they were choosing
is a criticism of those who chose, not
those who offered the choice.
It is clear from the plain English of the
historical documents involved
that the United States has sovereignty in the
Commonwealth ... sovereignty
is not conditional and does not lend itself
to subject applicability."
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