Steve Limtiaco

Pacific Daily News

The federal government on Friday sued the government of Guam and the Chamorro Land Trust Commission, stating the Chamorro Land Trust Act violates the federal Fair Housing Act.

The Chamorro Land Trust holds public land for the benefit of the island’s indigenous Chamorros, who are allowed to apply for residential and agricultural leases of that property. The Land Trust Commission also leases some of the land for commercial use to non-Chamorros, to generate revenue to benefit the Land Trust and its programs.

“The provisions of the (Chamorro Land Trust Act) and the manner of their implementation by the Commission and its Administrative Director constitute discrimination on the basis of race or national origin in violation of the Fair Housing Act,” states the lawsuit, filed in the District Court of Guam.

'They don't understand'

Gov. Eddie Calvo said the lawsuit was disappointing, but not unexpected.

"It’s clear that they don’t understand or don’t care about the reason behind the creation of the Chamorro Land Trust’s Commission,” Calvo stated in a news release. “We must allow the native inhabitants of this land the opportunity to build a home and live on their native land – and I have no compunction about fighting this out in court."

The lawsuit states Guam has compared the Chamorro Land Trust to the Hawaiian Homes Commission Act, which created homesteads for eligible native Hawaiians. But the Hawaii program was created by an act of Congress, the lawsuit states, to provide benefits to a native community.

“In contrast, the (Chamorro Land Trust Act) was neither enacted by Congress nor implemented pursuant to authority established by Congress,” the lawsuit states.

Lt. Gov. Ray Tenorio said that in addition to native Hawaiians, Alaskan natives and native Americans also have programs to protect their indigenous rights.

“Maybe that’s because they have an actual voting representative in Congress, whereas we have not been allowed the right of representation,” Tenorio said.

Poll: Do you think the Chamorro Land Trust violates federal law? Poll closes at 3 p.m. Sept. 30, 2017.

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Discrimination

As an example of how the program discriminates against non-Chamorros, the lawsuit states, “At least one non-Chamorro resident of Guam, an African-American man, lost the home he built on a (Chamorro Land Trust Act) plot after his wife, a Chamorro resident who received the CLTA plot, passed away.”

The lawsuit states that during a hearing on the man's claim, the administrative director and commissioners "inquired into whether he was 'a person that’s qualified to apply,' and specifically, whether he was 'blood Chamorro' or an 'outsider' who was 'married to a local girl.' The commission subsequently ruled against his application, evicting him from his marital home."

The lawsuit asks the federal court to prohibit local government officials from refusing to rent or sell dwellings to any person based on race or national origin. The lawsuit also calls for monetary damages to people harmed, as well as a civil penalty.

Complaint filed

A lawsuit has been expected after a formal discrimination complaint against the government of Guam over the Chamorro Land Trust program was filed with the U.S. Department of Housing and Urban Development.

Tamuning resident Christopher Fowler alleges he wasn't allowed to participate in the Chamorro Land Trust Program because he's Caucasian, according to the complaint.

According to Fowler's statement to HUD, when he applied for a lease at the Land Trust's office in Tamuning back in February, the receptionist informed him that only Chamorro residents and their descendants are eligible.

Attorney General Elizabeth Barrett-Anderson has said Guam doesn't intend to reach a settlement over the issue and plans to have it decided in court.

The Office of the Attorney General on Friday didn't comment on the merits of the case. "The complaint will be thoroughly reviewed once it has been served," said attorney general spokeswoman Carlina Charfauros.

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