The call for the New Zealand Government to restore the citizenship of Samoans born between 1924 and 1949 which the Citizenship (Western Samoa) Act 1982 removed, has again resurfaced.

The Privy Council on 28 July 1982, upheld Falema’i Lesā’s appeal against the New Zealand courts’ decision to have her deported for overstaying. Her legal counsels, Dr George Barton QC and George Roseberg argued that the 1928 New Zealand-British Nationality and Status of Aliens (in New Zealand) Act, and the 1923 New Zealand Citizenship Act, deemed Lesā to be a British subject, and therefore a New Zealand citizen.

Amid much jubilation at the time, both here and in New Zealand when the news broke, this newspaper then, through this column warned that the Muldoon Government would consider enacting legislation to void the Privy Council’s ruling, thereby depriving all Samoans born between 1924 and 1949 of their birthright. When Muldoon sought a meeting with the Samoan Government for a Protocol to the Treaty of Friendship with a view to doing exactly that in exchange for extra benefits to our people like an increase in the quota system and granting all Samoans already in New Zealand, legally or illegally citizenship, wisdom at the time was that any such meeting must be bipartisan as the issue affects the rights of all Samoans and not just supporters of the Government.

In New Zealand, there was anxiety already especially amongst the white populations (Pakehas) as they visualized the thousands of Samoans dropping into their backyard, burgling their homes, and raping their daughters if something wasn’t done. They were relieved when Muldoon took the action he did. Then, racism towards Pacific Islands people – Samoans being the largest group - was very much entrenched, perpetuated by a media that focused more on their crimes and faults than their successes in fields like education, work, and sports. Not to mention that only a few years earlier, the ‘Dawn Raids’ by Police and their canines of Pacific peoples’ homes to flush out overstayers traumatized many of our people.

Was the signing of the Protocol to the Treaty of Friendship that led to the enactment of the Citizenship (Western Samoa) Act 1982 a mistake? From most Samoans’ point of view, it certainly was. Even former Prime Minister Tuila’epa Sa’ilele Malielegaoi seems to agree. During a recent interview with the 531pi radio in Auckland, he says that “our [Caucus] members were so unhappy that we proposed passing a resolution expressing our distrust in Prime Minister [Va’ai Kolone} and Cabinet. It was only through the intervention of our older members that we decided to accept what our Prime Minister did. But not with joy.”

When the Citizenship (Western Samoa) Act 1982 was passed, Prime Minister Muldoon declared in the House that he had the full support of the Samoan Government. Both National and Labour MPs voted overwhelmingly in support except for then backbencher Helen Clark and a couple of other MPs.

Despite several efforts since by some Samoans and their supporters to have the Act repealed – the one that stands out is Anae Arthur Anae and the Mau a Sitiseni Movement marching to Parliament in Wellington to present their petition signed by over 100,000 people in 2003 prior to taking their grievance to the United Nations’ International Human Rights Committee – New Zealand has continuedly turned a deaf ear. It even chose to ignore the UN IHRC’s Report that found New Zealand to be in breach of various human rights issues condemning it as inaccurate. (The Report of course is not legally binding on the New Zealand Government).

Latest in this whole saga is the New Zealand Green Party MP Teanau Tuiono’s Private Member’s Bill, Restoring Citizenship Removed by Citizenship (Western Samoa) Act 1982, has been pulled out of the hat for discussion.

Here in Samoa, I’m surprised that after many years of the HRPP Government remaining silent on the issue, former Prime Minister Tuila’epa Sa’ilele Malielegaoi is now giving it oxygen. Why? Could it be that Prime Minister Fiamē Naomi’s Government stealing a march on HRPP by enacting legislation that enables Samoan Citizens residing overseas to vote in our general elections forced Tuila’epa and HRPP to look for a find a non-partisan issue that appeals to our expatriate communities thereby boosting their support among them? Taking care of one’s folks is one thing that is close to our peoples’ hearts. Bringing them to New Zealand where they can be better looked after and have access to free medical care while receiving all the financial benefits that come with being a New Zealand citizen is the dream of every expat Samoan.

For the Green Party and MP Teanau Tuiono, raising again the injustice to Samoans resulting from the citizenship legislation forfeiting their right to New Zealand citizenship can only benefit his Party, by attracting more support from the Samoans and other Pasifika people who tend to gravitate towards National and Labour.

Now, a very serious question. Will the New Zealand pass Tuiono’s Bill into law? Honestly, I can’t really see it, and I’ve said this in previous columns on this subject. Like his predecessors, Prime Minister Christopher Luxon has already stated that he would listen, but he won’t support it. And that goes probably for 80% of MPs.

Seriously, for any National or Labour-led Government, to repeal the Citizenship (Western Samoa) Act 1982 is to commit political suicide. It is costing the New Zealand taxpayers close to NZ$20 billion annually for superannuation alone, a cost that will keep on increasing every year as more people reach retirement age and those already on the pension are living longer compared to say 25 years ago because of their improved health. To add another 5000 more superannuants from Samoa should Tuiono’s Bill become law, means that New Zealand will have to fork out another NZ$150m a year to pay for their keep.

Maybe the situation will change in 25 years’ time when only one or two eligible Samoans are left.