By Thomas Manglona

On Saipan, a senate legislative initiative seeking to amend Article 12 of the CNMI Constitution regarding Northern Marianas private land ownership has spurred up debate.

Senate President Jude Hofschneider introduced the initiative. His goal is to allow those of Northern Marianas descent, also known as NMD, to "fully exercise their real property rights and to reduce the NMD percentage of ownership interest in an NMD Corporation."

"If a private landowner sees the opportunity and be able to maximize the highest potential for that piece of property, then why are we still second-guessing their ability to make that decision, right," he said. "And if you don't like it, by all means, don't sell it, walk away, lease it. But I wanted to hear the community to see how they feel about this. I know that there are absolute 'no,' but I also want to hear if there are any, like suggestions to try and improve the policy and discussion and we'll take it under consideration."

Article 12 of the CNMI's Constitution limits land ownership to those of Northern Marianas Descent. According to Section 04 of Article 12, NMD is a "citizen or national of the United States and who has at least some degree of Northern Marianas Chamorro or Northern Marianas Carolinian blood or a combination thereof." A corporation can also own land if 100% of its shareholders and directors are of Northern Marianas descent. Leases of private lands to non-NMDS are limited to 55 years.

Article 12 has evolved through the years. In 2014, an amendment changed the blood quantum threshold from a quarter to just "some degree."

Senator Hofschneider said he does not want to rush the initiative's process. Three-fourths of the Senate and House in the legislature would need to vote in favor of it before it lands on the ballot for voters to decide.

Hofschneider said the question he's gotten the most about the proposal is "why now?"

"Let me just be clear, it has nothing to do with any outside influence or anything. It's just me," he said. "If you notice it was only me that the sponsor of this presentation and I also feel like, with this experience that we're having here in the CNMI, we've always relied on our other than our residents here., but we've always relied economically on to be self-sustaining in tourism and everything else, and we all know what happened. So maybe it's time for us to reflect on some of the stuff that some of the issues that I feel that it's important to revisit whether or not this thing is going to go anywhere."

Not everyone sees it as clear-cut, though. Dr. Isa Arriola studies the process of militarization in the Marianas. She does not support the initiative in its current form.

"I think the kind of spirit behind it, if it's really trying to promote a sense of equality, you know, in the community is well-meaning and, and that's an incredibly important aspect of, you know, land and land transmission in our community," she said. "But I think that it misses the mark, in terms of the long term effects of what this is actually going to mean, for our community, I actually think it will end up alienating us from our own land, in the long term."

Arriola cited the constitution's intent to promote self-sufficiency and prevent exploitation. She's hoping to find common ground while balancing the economy with equality.

"There will always be short-term economic gains, right," she said. "But once that land is gone, and the money is spent from that land, we have nothing. Right, we're left with nothing. And that's not a scare tactic. That is literally a reality. Right? That land is not just property that is bartered and sold, right? It's much more than that. It's integral to our identity. And it's integral to most indigenous communities identity."

It's a first step that she said could have decades-long ramifications.

"We are the ones that know best what we want for our future, right, our community has to decide that. This is my opinion, but our community has to decide what we want," Arriola said. "I mean, you know, really, realistically, what do we want 50, 100, 200 years from now, what do we want to see? And, and to, to open up the kind of Pandora's box of letting the land, you know, be owned by so many other non-NMDs to me, just is ignoring the historical reality. It's just a total, you know, ignoring of that history, and ignoring why, again, I keep going back to this, but it's like why that had to be put there to begin with? Right. There was a reason why you have to protect the land from the get-go, why that would be included in the political, you know, agreement with the United States."

Whether the initiative passes, Hofschneider proposes an agency to guide private land transactions.

"Maybe we should have been a little more attentive even if it is private land and this time even if it is private land lease for this matter," he said. Maybe we should have an agency to say, 'let me see your lease proposal to make sure everything checks and and make sure you do not go homeless.'"

Representative Sheila Babauta is keeping a close eye on the initiative.

"It is language that has existed for over 40 years," she said. "And as with any document, review, and updating are needed, especially given our current situation. There are a number of items and issues that this really opened the conversation up to."

One of those issues Babauta wants address are long-term residents who have lived on island for their entire lives and are not considered NMD. It's a political matter that is also personal for her.

"I'm half Phonepeian," she said. "So my mother is unable to own land here in the CNMI. But she calls this place her home. She is in support of Article 12. But those are conversations that we must have."

She's hoping to get as many of her constituents to voice their view on the issue.

"There are issues of the top 5% of the wealthy families controlling most of the land, in certain uncertain islands, in certain parts of the very economically stimulating parts of the land," Babauta said. "And so, you know, I think this is a good opportunity for us to talk about it."

The first public hearing is set for this week on Rota.