Former Speaker Oscar C. Rasa, CNMI Descents for Self Government and Indigenous Rights spokesman and adviser, said Section 902 of the Covenant, which allows for direct talks between the commonwealth and the U.S., may no longer apply because federalization is already a law.
“We are in support of the governor’s decision to file the suit in order for the court to determine whether such a law is a direct intrusion into our self-government,” Rasa said.
He added that because it is an election year, he doesn’t expect the U.S. Congress to pass an amendment to the federalization law to address the governor’s concerns.
“Let us be realistic,” Rasa said.
But he believes that the court can hand down a consent decree expressing a voluntary agreement between the parties to the lawsuit.
Fitial earlier rejected the Legislature’s suggestion to go into Covenant Section 902 talks with the federal government.
According to the governor, he has lost faith in 902 negotiations as a way to resolve controversies in CNMI-federal relations.
Rasa appealed to the lawmakers to reconsider their position and provide funding for the lawsuit “so that we will know our rights and responsibilities.”
He added, “Our indigenous group believes that the cost of $400,000 is nothing compared to the protection of our self government, which is priceless.”
Their group, he added, was formed to protect “our self-government and indigenous rights.”
Rasa said the suit does not mean that the CNMI is “fighting” the federal government, adding that such lawsuits are “regular occurrences” in the U.S.
States themselves have taken the federal government to court, he added.
The governor’s lawsuit, he said, will not result in any animosity in Washington, D.C. against the CNMI government.
“This is how the system is designed to work,” he said.
He cited Section 903 of the Covenant which states: “Nothing herein shall prevent the presentation of cases of controversies arising under this Covenant to courts established by the Constitution or laws of the United States. It is intended that any such cases or controversies will be justiciable in such courts and that the undertakings by the Government of the United States and by the Government of the Northern Mariana Islands provided for in this Covenant will be enforceable in such courts.”
Rasa said the governor’s lawsuit seeks a restraining order to prevent the federal government from “violating” Section 103 of Covenant which “upholds the right of local self-government of the NMI and allows the islands to govern themselves with respect to internal affairs in accordance with a Constitution of their own adoption.”
The self-government concept, he said, is intended to protect the ability of the CNMI government to sustain a level of economic self-sufficiency.
“There’s a merit to the case because it might violate the intention and purpose of the Covenant’s Section 103 on self-government,” Rasa said, adding that when the federal government takes control of local labor and immigration policies “it will eventually control our economy.”
