Article 12 of the CNMI Constitution states that the “acquisition of permanent and long-term interests in real property within the commonwealth shall be restricted to persons of Northern Marianas descent.”
The Covenant, which made the CNMI part of the U.S., allows the commonwealth to revisit its land alienation rule 25 years after 1986 or in 2011.
But Babauta said the government is not required to hold a plebiscite on the issue.
He said the administration could ask the Legislature to pass a legislative initiative which will then be placed on the ballot.
“The law did not say we should hold a plebiscite to change the land alienation rule,” said Babauta, a former speaker of the House.
Babauta said the 2012 midterm elections could be an opportune time to ask voters whether or not Article 12 should be changed.
Many believe that the land alienation rule is crucial to the protection of local culture and traditions. They said that without Article 12, NMI lands will be eventually owned by “outsiders.”
The Citizens for Change of Article 12, however, said the law is bad for the economy, is “discriminating, outdated and should be abolished.”
This group said the political definition of NMI-descent under the CNMI Constitution is not exclusive to “100 percent Chamorro and Carolinian people.”
The plain definition of NMI-descent also includes persons who had established residency in the Northern Marianas during the Trust Territory time like migrants from different islands in Micronesia and those who inherited indigenous bloodline through adoption.
The group said Article 12 actually allows persons of any national origin through adoption or a corporation to be officially designated persons of Northern Marianas descent.
Babauta said he encourages different groups to educate the public about this issue but added that DPL won’t take sides.
“Our stand is it’s up to the people to decide,” he told the Variety.
