The
Covenant to Establish a Commonwealth of the Northern Mariana
Islands
in Political Union with the United States of America defines
the unique relationship between the Northern Mariana Islands
and the United States, recognizing U.S. sovereignty but
limiting, in some respects, applicability of federal law.
The Commonwealth accordingly enjoys a greater degree of
autonomy than most U.S. territories. The Covenant is codified
at 48 U.S.C. § 1801 note, reprinted in the Northern
Mariana Islands Commonwealth Code (with case annotations)
and is also sold in pamphlet format by the Commonwealth
Law Revision Commission.
The Covenant contains several provisions concerning Commonwealth
law and governance, including provisions (Sections 201 and
203) obligating the people of the Northern Mariana Islands
to adopt a Commonwealth Constitution providing for a republican
form of government and containing a bill of rights. Another
significant Covenant provision (Section 805) requires the
Commonwealth government to restrict acquisition of long-term
interests in land to persons of Northern Mariana Islands descent.
To view a particular portion or article of the Covenant click
on the appropriate link below:
The Covenant was negotiated over the course
of twenty-seven months (December 1972 to February 1975)
by the Marianas Political Status Commission, made up of
representatives of the Northern Mariana Islands, and a delegation
representing the United States. The proposed Covenant was
signed by negotiators on February 15, 1975, and unanimously
approved by the legislature of the Mariana Islands District
of the United Nations Trust Territory of the Pacific Islands
on February 17, 1975.
On June 17, 1975, the Covenant was submitted to Northern
Mariana Islands voters in a plebiscite. At the time, ninety-five
percent of eligible persons had registered to vote. Of
the ninety-five percent of all registered voters who cast
ballots in the plebiscite, 78.8 percent voted to approve
the Covenant.
The Covenant was subsequently approved by the U.S. House
of Representatives on July 21, 1975, and by the U.S. Senate
on February 24, 1976. On March 24, 1976, President Gerald
Ford signed Public Law 94-241 (90 Stat. 263), enacting
the Covenant. Some provisions became effective on that
date, pursuant to Covenant Section 1003(a). Remaining
provisions became effective on January 9, 1978, and November
4, 1986, the dates specified in Presidential proclamations
issued pursuant to Covenant Section 1003(b)-(c). On the
latter date, qualified residents of the Northern Mariana
Islands became U.S. citizens.
Covenant Section 105 provides that many provisions of
the Covenant may be modified only with the joint consent
of the U.S. and Commonwealth governments. Other provisions
may be unilaterally amended by the U.S. government; as
of November 1997, only one such amendment has been enacted--Public
Law 98-213, § 9 (97 Stat. 1461), a 1983 measure revising
Covenant Section 606(b), concerning Social Security taxes
and benefits.
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