Jim Stovall, legal counsel to the FSM Government and foremost expert on the Compact of Free Association (COFA), has issued the following memorandum to President Mori. In it he laid out eight facts to help the average Chuukese voter understand the implications of Chuuk State seceding from the federation with regards to the COFA.
SUBJECT: Compact Implications of Chuuk Secession (Jim Stovall, III)
DATE: January 27, 2015
In the upcoming March elections there will be a proposition on the ballot in the State of Chuuk for voters to indicate yes or no on Chuuk’s secession from the FSM. This Memorandum examines how provisions of the Compact impact this situation.
A State-appointed Commission in Chuuk has worked on this for the last two years. According to the plan, if the referendum proposition passes, the Chuuk Legislature will pass a law forming a Constitutional Convention leading to formal secession sometime in 2017. The Commission has issued a Final Report, along with earlier information papers.
1. FACT: The Compact will terminate automatically for Chuuk at the moment of secession from the FSM.
The Compact is a treaty between the Government of the US and the Government of the FSM. Title Four, Article VI, Section 461, defines the term, “Government of the Federated States of Micronesia” as “including all the political subdivisions and entities comprising that Government.” Were Chuuk to secede from the FSM, it would no longer be one of the entities “comprising that Government,” and no longer a part of the Compact in any way. The Compact is not a separate and divisible agreement with every State and local entity, it is a treaty with the FSMG. Absent that, the new Government of the Republic of Chuuk has no relationship whatever with the United States, subject to what it may wish to, or be able to negotiate.
2. FACT: Compact Funding to former Chuuk State would not Transfer to the Republic of Chuuk.
This would be an automatic consequence of the fact that the Republic of Chuuk is not a party to the Compact. Any changes to the Compact funding structure or amount would require US Congress legislation.
3. FACT: U.S. Federal Programs in Chuuk pursuant to the Compact would be withdrawn.
This, also, is because Federal Programs must be specifically authorized by US law, and these are either specifically provided by the Compact, or otherwise specifically extended to FSM by law. Chuuk would not any longer be included within the definition of “Federated States of Micronesia.” Therefore, all US programs, including those in education (Pell Grant, among others) and health, postal, weather, telecommunications, emergency and disaster assistance, FAA, CAB, and FDIC would disappear.
4. FACT: Compact Immigration status of Chuuk citizens in the U.S. would terminate automatically, upon secession.
The privileges referred to above, which include the right to work, study and reside in the US, are provided by Title One, Article IV of the Compact. Since the Compact would no longer apply to citizens of the new Republic of Chuuk, they would all find themselves without status in the US and be forced to depart. Former Chuukese holding US citizenship (FSM does not recognize dual citizenship) would not be subject to deportation.
5. FACT: Title Three of the Compact, delegation of Security and Defense Rights to the U.S., would no longer apply in the territory of the new Republic of Chuuk.
The delegation of the sovereign responsibility for security and defense made in the Compact by FSM to US and in the standby Mutual Defense Treaty, would no longer apply to the new Republic of Chuuk. It would be up to the new government of the Republic of Chuuk either to provide for its own security or negotiate security relationships with others. The value of such rights for Chuuk alone, in 2015, is not known.
6. FACT: Chuuk’s entitlement, if any, to assets of the Compact Trust Fund would be difficult and time-consuming to quantify.
The Compact Trust Fund Agreement would no longer apply to Chuuk. The Agreement makes no allocation of Trust Fund assets among the States and no provision for partial liquidation. So, if the Republic of Chuuk would have any entitlement at all, it would require complex discussions between the United States, the FSM and the new Republic of Chuuk that would take some significant amount of time. Implementation of any result would require US and FSM legislation.
7. FACT: A variety of benefits extended to FSM not in the Compact but in US Public Law 108-188 (The Amended Compact Act) would no longer be extended to Chuuk.
These would include things like the Investment Development Fund (IDF), EDA, USDA, RUS, Commerce Dept., Small Business Administration, Labor (Job Corps), and various programs in marine resource development.
8. FACT: Negotiations by a new Republic of Chuuk for a separate relationship with the United States and with other countries would be time-consuming, based on past experience.
It took from 1969 through 1982 to negotiate the original Compact, and from 1981 through 1985, to negotiate the various programs and services agreements. All the while, the TT apparatus remained in place and functioning. After TT termination, FSM could rely on Compact income while it pursued its various foreign relations. Similarly, during the four-year period of negotiations for the Amended Compact FSM had assured Compact funding. In light of that, one must ask whether the schedule posited by the Chuuk Commission (2017) is achievable given all the things listed above that will cease to apply on the day of secession. The new Republic of Chuuk will require an unbroken income stream from and after 2017.
Dr. Vid Raatior
Dr. Vid Raatior is a proud Chuukese parent, educator, citizen blogger, and social entrepreneur living in the US.
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All my families want to Vote:,,NO..
VOTE “NO” PEOPLE !!!! WAKE up!!!
There you have it. This should be translated for those that don’t understand.
No No No
Being that I am in the US and have not followed Chuukese politics for a while, this has caught me by surprise in how far along this has come. . I am starting to catch up, and cannot understand how the Commission can move forward with this process, without having assurances from the United States that first and foremost Title One Article IV would still apply to Chuukese who currently live in the United States and its territories. I have spent a while reading Sabino and Johnny’s positions on this, but I have yet to see any legal analysis that would rebut Jim Stovall’s position. I have re-read the Compact, and there are no provisions that would allow Chuukese to continue to hold their special status in the United States. Someone correct me if I am wrong.
I do not see the current Congress as it is made up at this present time even considering any legislation giving citizens of the “Republic” of Chuuk any special status. As Jim would attest to, it was difficult keeping special status for FSM citizens in the new Compact.
Also, can someone tell me where the Chuukese delegation to Congress stands on this issue? Also, where do the former members of Congress stand?
Also, has there been any Legal Opinions issued from the Attorney General’s Office or the Legislative Counsel’s Office at all?
Keith, In response to your last 2 questions whether there’s been any legal opinions issued by the State Attorney General or the Legislative legal counsel in regards to the issues we’re dealing with, NO! At least none that ive heard nor read about other than what SAG Asor is being viewed and heard saying online and elsewhere–advocating and sales pitching for a YES vote. I believe a lot of the Chuukese citizenry are just as anxious as you are to hear from these legal men.
Jim Stovalli, ewe legal counsel ngeni ewe FSM Government, i ewe emon mi sileilap usun ewe Compact of Free Association (COFA) a atowu ei taropwe ngeni President Mori. Me lon ei taropwe i a pwaralo ekei wanu let pwe epwe alisi ekewe chon uttut lon Chuuk pwe repwe weweiti met epwe fiis ika Chuuk State a imwulo seni ewe Federation lon pekin ewe COFA (ika ewe Compact of Free Association).
Ewe subject ika poraus: Met epwe fiis ika Chuuk a imwulo (Jim Stovalli, III)
Date: January 27, 2015
Lon ewe fansoun uttut fan March epwe wor och kinikin won ewe ballot lon Chuuk State ren an ekewe chon uttut repwe apasa Yes ika No won an Chuuk epwe imwulo seni ewe FSM. Ei Taropwe epwe nengeni met epwe fis lon pekin ewe Compact ika pwe ei mettoch epwe fis.
Ewe Commission, a fis me fan ollukun ewe State Government lon Chuuk, a fen angang lon ekei ruu ier. Ren ei akkot, ika ei referendum proposition (kokkotun ekesiwin) epwe fisita, ewe Chuuk Legislature epwe pwan fori ew olluk pwe epwe fis ew Constitutional Convention epwe emweni ngeni an Chuuk epwe imwulo seni FSM lon 2017. Ewe Commission a fen atowu echo Final Report, fiti fengen me pwan ekkoch toropwe ra fen atowu me mwan.
1. Let: Ewe Compact epwe mwuchulo faniten Chuuk lupwen ra imwulo seni ewe FSM.
Ewe Compact iei och pwon lefilen ewe US Government me ewe FSM Government.
Title Four, Article VI, Section 461, a apasa pwe ewe “Government of the Federated States of Micronesia” ina ekewe “political subdivisions and entities comprising that Government” (wewen ekewe State government ra nonom lon ewe FSM).
Ika Chuuk a tou seni fan ewe FSM, iwe, wewen pwe esap chuen fis pwe och me lein ekewe kinikinin ena Government, iwe esap chuen wor inetin me fan ewe Compact. Ewe Compact esap wor pwonan ngeni ew me ew ekewe State won pwisin aar. Ewe Compact fen iei ei pwonen tipeeu ren ewe FSM Government. Me lukun ena, ewe minafon Republic of Chuuk esap chuen wor an chiechi-fengen me ewe United States, me lukun chok ar anean, are pwal met repwe tongeni negotiatini won pwisin ar.
2. Let: Compact Funding ngeni ewe Chuuk State resap Transfer ngeni (ika tori) ewe Republic of Chuuk.
Ei epwe chok fokkun fis pwe ewe Republic of Chuuk esap nonom fan ewe Compact. Ekesiwin lon ewe Compact ra chok tongeni fis me fan olluken ewe US Congress.
3 Let: Ekewe US Federal Programs lon Chuuk me fan ewe Compact repwe wesilo.
Ei epwe fis, pwe Federal Programs ra chok fis me fan olluken ewe US, o ekei Program ra chok tori ewe FSM me fan ewe Compact, ika ra tori ewe FSM me fan ewe olluk. Chuuk esap chuen nonom fan ewe itelap “Federated States of Microneisa.” Ina pwata, meinisin ekewe US program, lon pekin education (Pell Grant, pwan ekkoch me lukun) pwan health, postal (Post Office), weather, telecommunications (telecom), emergency and disaster assistance (USAID, Coast Guard), FAA (ika sepelin, awewe ren mumutan an United Airlines epwe feito), CAB (Civil Aeronautics Board, ika ekewe ra nemeni mokutukuten sepelin o pwan fori investigation ika a fis accident), pwan FDIC (ika an ewe US a tumunu angangen ekewe bank lon Chuuk) repwe morolo.
4. Let: Compact Immigration faniten chon Chuuk ra nonom lon ewe US epwe wesilo, lupwen Chuuk a imwulo.
Ekewe feioch, ra fen mak usun me asan, mumutan ar repwe angang, fiti school pwan nonom lon ewe US, me fan ewe Title One, Article IV me lon ewe Compact. Pokiten ewe Compact esap chuen apply (ika fis) faniten ekewe chon ei minafon Republic of Chuuk. Ekewe ra nonom lon ewe US resap chuen tongeni nomolo me fan olluk o repwe katowu ika deport. Ekewe chok re Chuuk ra wiliti US citizens (ika ra uputiw lon ewe US) repwe tongeni nomolo lon ewe US o resap deport.
5. Let: Title Three me lon ewe Compact, lon pekin Security me Defense Rights ngeni ewe US resap chuen apply ngeni ewe minafon Republic of Chuuk.
Ei pwon won pekin security me defense me lon ewe Compact lefilen ewe FSM ngeni ewe US lon ewe Mutual Defense Treaty, esap chuen apply ngeni ewe minafon Republic of Chuuk. Wisan ewe minafon government an ewe Republic of Chuuk an epwe pwisin tumunu fonuwan, ika kuta minafon tipeeu fengen ren pwan ekkoch mwuu. Mumutan an Chuuk epwe fori ei won pwisin an, lon 2015, ese mwo faat.
6. Let: Epwe weires, repwe pwal alusmwanielo chommong ar fansoun ika Chuuk epwe kuta mumutan an epwe angeisefani money seni lon ewe Compact Trust Fund.
Ewe Compact Trust Fund Agreement esap chuen apply ngeni Chuuk. Ewe Agreement esap apasa pwe och kinikinin ewe Trust Fund a fis pwe an och me lein ekewe ruanu State. Esap apasa och usun mumutan an och State epwe angeisefani money seni me lon ewe Trust Fund. Iwe, an ewe Republic of Chuuk epwe tongeni kuta mumutan an epwe angeisefani money seni ei Trust Fund, epwe chok fiis lon fansoun mwirin, ren mwich mi alollol lefilen ewe United States, ewe FSM, me ewe minafon Republic of Chuuk. Epwe lulo chommong chommong fansoun lupwen ekei mwich repwe fis. Ika epwe wes ekei mwich, iwe, epwe pwan wor osupwangen an epwe fis ekesiwinin olluk lon ewe US me ewe FSM.
7. Let: A pwan wor ekkoch feioch ra tori ewe FSM, resap nom lon ewe Compact pwe fen lon ewe US Public Law 108-188 (The Amended Compact Act), resap chuen tori Chuuk.
Ekkoch me lein ekkei a fis pwe, ewe Investment Development Fund (IDF), EDA (Economic Development Administration, ika economic grants seni ewe US), USDA (US Department of Agriculture, Farmer’s Home Loans), RUS (Rural Utilities Service, awewe ren Rural Development grants), Commerce Department, Labor (Job Corps), pwan sokopaten program won pekin marine resource development.
8. Let: An ewe minafon Republic of Chuuk epwe kuta an epwe chiechi ngeni ewe United States, pwan ekkoch mwuu me lukun, won pwisin an, epwe weires o alusmalielo chommong fansoun usun sia fen kaeo me lom.
Seni 1969 ngeni 1982 a fis ekewe negotiations usun ewe original Compact, pwan seni 1981 ngeni 1985 ren ar repwe negotiate usun ekewe ekkoch program me service agreements (ika tipeeufengen). Lon unusen ena fansoun ewe Trust Territory government a chok nonom o fifis angangan. Mwirin an a wes ewe Trust Territory, ewe FSM a tongeni aea ewe money seni ewe Compact lupwen a kuta pwan chieinan lein ekewe ekkoch mwuun fonufan. Iwe pwan, lupwen a fis ekewe ruanu ier lupwen ra chufengen won ewe Amended Compact FSM a silei pwe epwe sopwelo le etiwa money seni ewe Compact. Lon saramen ena, emon epwe kapas eiis ika pwe ewe schedule a tou seni ewe Chuuk Commission (2017) epwe naaf fansoun ar repwe atawelo ekei mettoch meinisin ra makkei usun me asan, pun ekkei mettoch repwe mwuch ewe chok ranin ar ra imwulo seni ewe FSM. Ewe minafon Republic of Chuuk epwe osupwangen alukulukun alen moni tolong seni 2017 feilo.
Iwe ren ekei 8 let a afatetiw iwe fkn ita met nge ma si vote yes I think chuuk a tano pun noun chuuk kewe souemwen repwene pusin pangutangei ren are kirikiringaw me metekan are mojen repwe fori ika epwe pass an chuuk na epwene imwuno
My vote is no!!!!!
Chuuk iei ese jiwen och pun ren kana souemwen ra jok fori are family repwe ita kan foumong nge ra moneno fonuach chuuk ese jiwen ningoj me kokotoj me pungupungoj kokotun me afetanin noun aramas fiti fengen me ekewe pekin school ika pwan ekewe jon angang ngeni ei moon government a wate an aramas pekusun nge akukun niwin….pwe a feito kana sounakik ra mojen chuuk epwene imuno
Kinisou ngnk kawerikakilei pun uwa fatafatoj ren omwei post kei 8let
Kote pwan affali 🙂 Pwan kilisou ren om ka aleani.
vote no’ smarters chuukese
if you love chuuk vote “no”
yes or no …..use tongeni uti ika use weweiti met popun …….aramasan chuuk sipwe vd met netipach a emweni ngeni kich pwe ina ach tufij
If this doesn’t make you vote no then I don’t know what will. Kinisou chapwur ren ekei information.
Ai tirow fiti fairo ngeni ami chiechiei achengicheng aramasen Chuuk meinisin. Ai kapong fiti sufon me menin ngeni kemi. I am Pohnpeian, but my first President was His Excellency Tosiwo Nakayama from Chuuk, Federated States of Micronesia. My first Micronesian supreme court Chief Justice was Honorable Andon Amaraich from Chuuk, Federated States of Micronesia. My first Micronesian Bishop is highly revered Bishop Amando Samo from Chuuk, Federated States of Micronesia. My current President is His Excellency Emanuel “Manny” Mori from Chuuk, Federated States of Micronesia. I respect them all and think of myself as a member of their communities and country. My father graduated from Xavier High School in Chuuk in 1964. I graduated from Xavier High School in Chuuk in 1987. My son is now a sophomore and we hope and pray that he will graduate from Xavier High School in 2017. When my son completes his studies at Xavier, my family would have lived in Chuuk for a combined 12 years. This doesn’t include the years that many of my cousins, relatives and friends also attended and graduated from Xavier High School in Chuuk – families and great relationships have be forged because of the opportunities that we have had as members of Xavier High School and the wider Chuuk community. I LOVE Xavier High School – the one on Mabuchi Hill, in the Village of Sapwuk, in Weno Chuuk, Federated States of Micronesia. When I attended Xavier, I was sponsored and cared for by many Chuukese families, including my Chuuk parents Rosa and Deacon Simon Angken. They and their children will remain my family forever. When I served on the Board of Xavier High School with Honorable Judge Kamilo Noket, PATS High School in Pohnpei had just closed down. There were some murmurs/discussions about moving Xavier High School to Pohnpei. Judge Noket and I both quickly made sure this discussion went away immediately – Xavier High School is for all of us in the Federated States of Micronesia and the larger Micronesia community – but it belongs in Chuuk, Federated States of Micronesia! That’s its home and must remain its home! And as Xavier belongs in Chuuk, Chuuk belongs in the FSM and should remain as part of the FSM. I voted to keep Xavier High School, Saram en Micronesia in Chuuk, and so I kindly ask the great people of Chuuk to please vote to keep Chuuk in the FSM.
I think that the current movement to hold a plebiscite in Chuuk to determine their future status is a healthy democratic process that should not be stopped. People in a democracy should be able to share and voice their ideas. However, I do hope that my friends, families and the great people of Chuuk will decide to vote NO TO SECEDE and to continue to be strong and leading members of our federation. We, all citizens of the Federated States of Micronesia, owe this to ourselves, to those remarkable leaders whom I’ve mentioned above and many others, and to our children and future generations to keep this great country together. We (Yap, Kosrae and Pohnpei) need you (Chuuk), and we hope that you know and/or will realize that you need us. Those who established the Federated States of Micronesia, including our first President Nakayama, put a lot of thinking and praying into the creation of our country. I don’t know what it is, but there is something in me that fears the idea of one of the states leaving, because I know those who founded this federation had greater wisdom and foresight than me in creating this great country of ours. I don’t think that they agreed to establish FSM just from quick impulse, but rather with careful planning and deliberate action.
Please vote NO TO SECEDE. Just imagine if you are successful with your movement to create the Republic of Chuuk. Our immigration officers in the future may be forced to require Bishop Amando to present a passport when he visits Pohnpei, Yap and Kosrae to perform the sacrament of confirmation to the Catholic faithful. This is just an example of how secession could potentially cause unnecessary disruption, disrespect, embarrassment and dissension amongst us, the great people of the Federated States of Micronesia. I kindly ask you to be patient, because there will be greater things to come in the future for sticking together as a nation of four states. I am sure the opportunities that are coming are going to far outweigh any challenges and frustrations that we now have. Kalahngan and Kilisou Chapur!
a message from one of our many supporters in Pohnpei..
Ngeni ami jon Chuuk re nonometiw on fonuwaj Chuuk , tingor pwetete ngeni kemi pwe oupwe vote no pwe noumi kewe monien aninisin sukun, telecommunication, post office me pekin aninisin samau ME SOKOPATEN FEIOJ epwe ne kouno ren metei ekei kirikiringawen, sorongaw, aninisingaw me ekimongun nouwis Sabino, Johnny, Fasi me ekena ra etipeu repwe riringeni mwun Hitler seni Russia ewe ejok nietiw jon Russia ika rese fori netipan me met e mojan, nge oupwe nenengei pwe North Korea, Africa, Cuba, me ekewe ekoj fonuwen Europe me Afghanistan akaewin China met family mi or wiser non government ina rejok pass it down non pusin ar en family, ioh mi osupwang resapw ngino pwe repwe jok okosupwang ika pwe ekewe nouwis re mojen nounikemi jon attake me atau oupwe wiseni ena tori ami mano unless the so called excellency which will be probably Sabino me Johnny pwan Fasi me ekoj jon China re fini met kopwe fori ika pwe kose fori met re mojan iwe mano epwe nounou kij, ina usun ekena muu China ir ekan communists, you either do what their corrupted leaders tell you or they will excute you. Iwe vote no pwe osupwang ina epwe nonom rej ika pwe ouse VOTE NO. VOTE NO FOR THE SAKE OF YOUR FAMILY MEMBERS IN THE FUTUR PWE SIJOK TOU SENI FSM IKA EWE COMPACT OF FREE ASSOCIATION (COFA) IWE ESE JIWEN OR EKEWE PEKIN ANINIS NGENI NOUJ KEWE JON SUKUN FENGEN ME EKEWE SOKOPATEN FEIOJ EPWE WESINO, EKENA JON CHINA ENA REPWENE NOUNIKIJ SLAVES ( POI ) SIPWE ANINIS FENGEN NE VOTE NO PWE SITE OSUPWANG EWE MUN CHINA AMEN KIRIKIRINGAW UWA FEN RONGORONG SENI NAPENGENI CHON CHINA PWE INA PWATA RE KAN SUTO MERIKA.