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By Gemma Q.
Casas
Variety News Staff
THE Northern Marianas on Saturday
will celebrate 31 years of political union with the worlds most
powerful nation.
Federal and local officials interviewed by this reporter said this years
anniversary of the Covenant is special despite congressional
moves to end local control over the minimum wage and immigration, which
the CNMI government and business leaders oppose.
Gov. Benigno R. Fitial said the sanctity of the Covenant should
be upheld.
We just have to live up to the sanctity of the Covenant. We believe
in the Covenant. We believe in democracy, he said in an interview.
The 61-year-old governor said the people of the commonwealth cherish their
U.S. citizenship which gives them opportunities to secure a better education
and a better standard of living, among other benefits.
David Cohen, the U.S. deputy assistant secretary of the interior for insular
affairs, said the Covenant is a very special, historical document
that still holds the key to the islands future.
This is a very special Covenant Day because so many of the important
issues that are addressed in the Covenant are now being debated. Congress
is focusing on possible actions that have the potential to alter the way
of life in these islands, he told Variety in an interview.
On the one hand, its causing a great deal of anxiety here.
On the other hand, its fascinating to hear the thoughts and insights
of people who were there at the inception of the Covenant sharing their
views and what they believe were the intentions of the drafters.
Cohen is on island as President Bushs representative to the Covenant
Section 902 consultation talks with the CNMI government
Former Ambassador F. Haydn Williams, the U.S. presidents representative
in the negotiations with the NMI panel that drafted the Covenant, earlier
told a U.S. Senate committee that local control over minimum wage and
immigration was supposed to be temporary.
But the legal counsel of the NMI Covenant panel, Howard P. Willens, disagrees.
He is now the governors special legal counsel.
Mr. Willens recently said that the NMI only agreed that Congress
could assert control over minimum wage and immigration at a time and in
a manner of (the NMIs) choosing, Cohen said. Mr. Willens
also said that the intention was that Congress would consider local conditions
as they existed at that time, to determine, whether and how, to assert
federal control over wages and immigration. Who is right? As a lawyer,
even though I was not there at that time, reading the document, I have
to say that Mr. Willenss position is much more plausible. If there
was an intention to automatically apply federal wage and immigration control
to the CNMI after the trusteeship ended, they easily could have put that
in the Covenant. They did not.
But Cohen, who has a law degree from the University of Pennsylvania and
who has authored several law textbooks, said the Covenant also states
that Congress has the authority to impose federal wage and immigration
law anytime it chooses.
He added, The question for today is not whether Congress has the
right to impose federal wage and immigration law on the CNMI. The question
is whether that would be good policy. These are questions that are being
considered in Congress right now and it is very important that the people
of the CNMI participate in this discussion.
The Covenant to Establish a Commonwealth of the Northern Mariana Islands
in Political Union with the United States of America was overwhelmingly
ratified by NMI voters on June 17, 1975.
After it was approved by the U.S. House of Representatives and the U.S.
Senate, the Covenant was signed into law by President Gerald R. Ford on
March 24, 1976.
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