Safeguard Samoa's Constitution: Break the Silence
published samoa Observer 01 April 2010
Safeguard the Constitution: Break the silence
Thursday, 01 April 2010 11:41
Dear editor - I wonder if any Member of Parliament will take up the challenge presented by former MP, Afioga Feo Polata’ivao Tafililupetiamalie Nemaia Esau, in his letter to the Editor ‘The Two-Thirds Majority Clause’ (Samoa Observer Monday 22 March 2010).
What the former MP points out to Samoa is that under the current operating system of party politics, where party MPs are expected to toe the party line or “party unity” as the former MP calls it, Section 109 of Samoa’s Constitution and the stipulation of the two-thirds majority vote by Members of Parliament, no longer carries the original intention of Samoa’s forefathers.
According to former MP Feo Polata’ivao Tafililupetiamalie Nemaia Esau, “ our forefathers’ vision was to fully exploit the independence and expressive characteristic of the ‘tofamamao and the fa’autautaga loloto’ of members during the time of debates in our Parliament, and especially during Constitutional amendment proposal debates.”
“Our forefathers envisaged thorough, detailed, fierce and complete debates by all members on any amendment proposal prior to the calling of the ‘vote’ by the Speaker” says the former MP.
“It was to ensure as much as possible there is no stone left unturned when debating such proposals so that each member will make up his/her mind in support or rejection of such amendment, by the time of the vote,” the former MP explains.
The problem now, as identified by the former MP, is that the introduction of party politics and its development into ‘party unity’ has sabotaged the original vision of Samoa’s forefathers; what is seen now in HRPP dominated Parliament, is the ‘silence’ of party membe
rs instead of the true expression and display of members’ ‘ tofa mamao and fa’autautaga loloto’.
In other words, the nature of parliamentary debates changed to follow ‘party politics’ rules whilst the wording of Section 109 of the Constitution was left unchanged. As a result, former MP Feo Polata’ivao says,“[H]owever controversial an amendment proposal may be, party members remain particularly silent; a display of unity which many believe, has prevented members from expressing their true beliefs on amendment proposals.”
Former MP Feo Polata’ivao cites the Land Regislation Act (2008), and the Electoral Amendment Act (2009) as examples of legislation passed in Parliament by the ‘silence’ of the two-thirds majority (HRPP members). Had the 109 clause been expanded to a two-thirds majority of national voters by referendum, the outcome could have been more representative of the villages and families rather than the HRRP party.
Hence, former MP Feo Polata’ivao challenges the parliamentarians to honor the vision of their forefathers by making the appropriate amendments to Clause 109.
to use the ” 2/3 majority of National Voters (obtained by way of National Referendums) …to overcome members’ silence due to party unity.”
I agree wholeheartedly with the former MP’s diagnosis of the problem. There is indeed a ‘flaw’ in Clause 109 of Samoa’s Constitution caused by the introduction of party politics. And it is the responsibility of parliamentarians on behalf of their constituencies to attend to this problem in order to safeguard the Supreme Law of the country. I am sure the majority of the country would sign a petition for this matter to be addressed by Parliament.
I pray for all politicians to exercise their tofa mamao and fa’autaga loloto. This important matter requires a ‘conscience vote’.
Ia manuia Samoa.
Ma lo’u fa’aaloalo lava.
Meripa Weir
Keen Samoan Watcher from Abroad
Safeguard the Constitution: Break the silence
Thursday, 01 April 2010 11:41
Dear editor - I wonder if any Member of Parliament will take up the challenge presented by former MP, Afioga Feo Polata’ivao Tafililupetiamalie Nemaia Esau, in his letter to the Editor ‘The Two-Thirds Majority Clause’ (Samoa Observer Monday 22 March 2010).
What the former MP points out to Samoa is that under the current operating system of party politics, where party MPs are expected to toe the party line or “party unity” as the former MP calls it, Section 109 of Samoa’s Constitution and the stipulation of the two-thirds majority vote by Members of Parliament, no longer carries the original intention of Samoa’s forefathers.
According to former MP Feo Polata’ivao Tafililupetiamalie Nemaia Esau, “ our forefathers’ vision was to fully exploit the independence and expressive characteristic of the ‘tofamamao and the fa’autautaga loloto’ of members during the time of debates in our Parliament, and especially during Constitutional amendment proposal debates.”
“Our forefathers envisaged thorough, detailed, fierce and complete debates by all members on any amendment proposal prior to the calling of the ‘vote’ by the Speaker” says the former MP.
“It was to ensure as much as possible there is no stone left unturned when debating such proposals so that each member will make up his/her mind in support or rejection of such amendment, by the time of the vote,” the former MP explains.
The problem now, as identified by the former MP, is that the introduction of party politics and its development into ‘party unity’ has sabotaged the original vision of Samoa’s forefathers; what is seen now in HRPP dominated Parliament, is the ‘silence’ of party membe
rs instead of the true expression and display of members’ ‘ tofa mamao and fa’autautaga loloto’.
In other words, the nature of parliamentary debates changed to follow ‘party politics’ rules whilst the wording of Section 109 of the Constitution was left unchanged. As a result, former MP Feo Polata’ivao says,“[H]owever controversial an amendment proposal may be, party members remain particularly silent; a display of unity which many believe, has prevented members from expressing their true beliefs on amendment proposals.”
Former MP Feo Polata’ivao cites the Land Regislation Act (2008), and the Electoral Amendment Act (2009) as examples of legislation passed in Parliament by the ‘silence’ of the two-thirds majority (HRPP members). Had the 109 clause been expanded to a two-thirds majority of national voters by referendum, the outcome could have been more representative of the villages and families rather than the HRRP party.
Hence, former MP Feo Polata’ivao challenges the parliamentarians to honor the vision of their forefathers by making the appropriate amendments to Clause 109.
to use the ” 2/3 majority of National Voters (obtained by way of National Referendums) …to overcome members’ silence due to party unity.”
I agree wholeheartedly with the former MP’s diagnosis of the problem. There is indeed a ‘flaw’ in Clause 109 of Samoa’s Constitution caused by the introduction of party politics. And it is the responsibility of parliamentarians on behalf of their constituencies to attend to this problem in order to safeguard the Supreme Law of the country. I am sure the majority of the country would sign a petition for this matter to be addressed by Parliament.
I pray for all politicians to exercise their tofa mamao and fa’autaga loloto. This important matter requires a ‘conscience vote’.
Ia manuia Samoa.
Ma lo’u fa’aaloalo lava.
Meripa Weir
Keen Samoan Watcher from Abroad
posted by Meripa Weir at 2:23 PM
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