New constitutional convention sought

A former constitutional convention delegate is asking Gov. Juan N. Babauta to include a referendum in the 2005 Commonwealth elections, which would ask voters if they would agree to the holding of another convention that might pave the way for socio-political changes in the CNMI.

A constitutional convention opens the CNMI Constitution to possible amendments and changes, including those controversial provisions relating to land alienation to persons who are not of Northern Marianas descent and aliens’ residency in the Commonwealth.

Herman T. Guerrero, a member of the 2nd and 3rd constitutional conventions, asked the governor to exercise his authority to initiate the referendum, citing the Legislature’s alleged failure to fulfill this duty before the last general elections.

“I am formally requesting that you exercise your authority under the Constitution to submit to the voters the question, ‘Shall there be a constitutional convention to proposed amendments to the Constitution?’ at the next regular general election scheduled for Nov. 2005,” Guerrero said, in a recent letter to Babauta.

“The uniqueness of the Constitution…allows the people every 10 years to decide if there are provisions of our Constitution that need to be revisited and improved or removed to meet the need of changing times,” he said.

Guerrero pointed out that the Constitution calls for the Legislature to initiate the referendum through an affirmative vote of majority of members of each house.

He said the constitutional requirement is that the question should be submitted to the voters at a regular general election no later than 10 years after the question was last submitted.

“It has been almost 10 years since the last constitutional convention. I have made verbal requests to some of [the] members of the previous Legislature. However, my concerns and requests were not heeded,” Guerrero said.

He said that the Constitution mandates the governor to submit the question to the voters if the Legislature fails to do so.

Alternatively, the Constitution also allows an initiative petition to call for a convention.

Last week, House Rep. Claudio Norita introduced a legislative initiative that seeks to amend the CNMI Constitution to extend the permissible leasehold of private land from 55 years to 75 years, based on the recommendation of the Strategic Economic Development Council.

Norita underscored the need to help investors who have concerns that the current 55-year lease term would not be sufficient to recover their investments. He also said private landowners have also been approaching him, expressing support for extending the maximum permissible lease.

House leadership spokesman Charles Reyes Jr. said the initiative would stimulate economic growth by encouraging investments through increased incentives, besides increasing private landowners’ real estate value.