Legislators Weigh in on Amending Article 12 Amid Economic Crisis

CNMI legislators recently weighed in on whether or not there should be amendments to Article 12 of the CNMI Constitution amid the islands’ economic crisis.

“What do you think of Article 12? Investors need returns, which can not be attained through short time lease. Do you think Article 12 should be revised, appealed, [or] amended?” That question was submitted by an audience member at last week’s economic forum hosted by the Saipan Chamber of Commerce during the policy panel discussion.

The panel, moderated by Marianas Press, featured CNMI Delegate Kimberlyn King-Hinds, Senate President Dennis Mendiola, Representative Thomas John Manglona, and SCC’s Ron Smith.

“That’s a tough one,” Rep. Manglona acknowledged. “Here is how I view it. You know, our land is sacred. We are unique here in that we still have control over it. Say what you want about the economy, I am pretty sure Guam, places like Hawai’i, they look at us and they wish they could be in our position where our lands are still protected and we still have a say,” the House lawmaker said.

Rep. Manglona said he is open to a conversation about amending Article 12, which restricts land ownership to those of Northern Marianas descent. “Are there ways that we can shape it to better attract business opportunities? That is a conversation that we have to have with our whole community,” he said.

Senate President Dennis Mendiola agreed that it’s a decision that the community has to make for themselves.

“Economically Article 12 is a challenge, but if you talk about protecting our people, Article 12 is in place for that reason to protect our future,” Sen. Mendiola said. However, the senator said the community continues to grow more diverse and there should be open dialogue on the matter.

Mendiola added, “If we do not change it now. If we do not look into it now, eventually it is going to change in and of itself whether we like it or not that is just the way it is working. If you look at the CNMI it is a big melting pot. Whether we make the change now or 20 years from now, eventually it is going to have to change.”

Delegate Kimberlyn King-Hinds took a different stance. “I am of the personal opinion that Indigenous lands must remain in Indigenous hands,” she said.

She said the conversation around amending Article 12 tends to come up during a downward economy and even warned that most of the land could have been purchased by Chinese investors during the height of the casino industry if Article 12 did not exist.

She added, “I do not think that Article 12 is necessarily what is holding us back. It is really about getting our [things] together. Right? And walking towards the same direction, saying the same things, agreeing on a vision.”