29 October 2014
28 October 2014
First Turks & Caicos Islands Premier calls for CARICOM to carefully watch the British 'modern-day coup underway in the territory
In a press statement on October 10, former Premier Michael Misick congratulated the former Premier of the Cayman Islands McKeeva Bush, on clearing his name of corruption charges.
Misick congratulated Bush on being found not guilty by a jury in what he called "a British Government conspiracy to tarnish it and have him ousted from politics in the Cayman Islands.”
The TCI former Premier said that Bush’s acquittal shows that a justice system made up of a jury of peers works.
He is also calling on the Caribbean Community and fellow Caribbean leaders to take a real interest in what is happening in the Turks and Caicos Islands, "especially Jamaica and Barbados where our judges come from.”
He stated that a trial by jury is a long standing mechanism geared for dispensing true justice and removal of this system can only be deemed as undemocratic.
"No matter what, we will continue to fight for our freedom and the liberation of our country.
"Our people, political and social leaders have to expose this conspiracy in the Turks and Caicos Islands so that true democracy, the rule of law and true justice not manufactured justice can prevail,” the former Premier stated.
He said that is his belief that what is happening to him and his colleagues is similar to what has happened to Bush.
"We are experiencing a modern day coup d'état.”
He further stated that the British government and successive Governors have done everything in their power to tarnish his and his co-accused names including changing the law and the constitution in an attempt to prevent them from getting a fair trial – to wit, a jury trial.
"I believe that if it is right to have a jury trial in the Cayman Islands it must also be right to allow a jury of our peers to judge our guilt or innocence here in Turks and Caicos Islands.
"I believe the justice system here is controlled and manipulated by Helen Garlick, SIPT and others for a specific outcome of their creation.”
Misick added that these people seem to get what they want; both civil and criminal.
He believes that Bush’s verdict illustrates that the justice system can work in a British overseas territory if it is not tampered with by external whims and fancies, namely the British government and their appointed British Governors.
He stated: "It is no coincidence that democratically elected leaders of British overseas territories have been faced with unfounded corruption charges and the people of the Cayman Islands, once given a chance through the jury system have exposed this British government conspiracy.
"Here in the Turks and Caicos Islands we are desperately in need of an independent judiciary.”
24 October 2014
On October 9, citizen groups formed a human chain around the Okinawa Prefectural Government (OPG) buildings in Naha to demonstrated their united opposition to the construction of a new US Marine air base in Henoko, Nago, to replace the Futenma base in Ginowan.
According to the organizers, about 3,800 people gathered and voiced their plans to stop the relocation of the Futenma base within Okinawa. The participants requested that the OPG reject an application submitted by the Okinawa Defense Bureau to change the method used for landfill, which is part of the planned base construction in Henoko.
This was the third rally opposing the base’s construction since July 1, when demolition of existing buildings started in Camp Schwab. Citizens, including parents and children, took part in the lunchtime rally. There were also some participants from abroad. Citizen group members, who continue to protest against the new base in Henoko and US military helipad construction underway in Takae, Higashi, joined in the rally.
The participants held blue signboards bearing messages, “No to a new base in Henoko” and “We will not surrender”. They chanted, “Stop the landfill for the sake of children,” and “Stop the new base and fight for the future.” They created a human “peace wave”.
Ashitomi Hiroshi, co-representative of the Helicopter Base Objection Association, said in his speech, “Our strike against the Henoko relocation will end in our victory. We will continue to fight at the scene. I would like everyone who lives in Naha, and central and southern parts of the island to fight together to win the victory.”
Rie Ishihara, a member of the group protesting against the construction of US helipad in Takae, stated in her speech, “The sea in Henoko and the forest of Yambaru are the treasures of Okinawa. Let’s protect the treasures of the islands and the future of children.”
Representatives of the four opposition parties of the Okinawa Prefectural Assembly made speeches.
(English translation by T&CT)
More Than 2,000 GovGuam Workers Receive Retroactive Pay Raise
Delay in payments, totaling $2 million, was due to cash flow problems
By Gaynor Dumat-ol Daleno
A total of 2,150 government of Guam executive branch employees are expected to receive money today for eight months worth of retroactive pay raises, Gov. Eddie Calvo's office announced yesterday.
"Today, General Pay Plan employees will get their full salary increase," the governor further states in his column in today's Pacific Daily News. "It is a retroactive payment covering the period from February 2014 to Sept. 30."
The checks were printed yesterday and total $2 million, according to the governor's office.
The amount of the checks ranges from as low as $5, due to termination of service in February, to $5,500, the governor's office stated.
The average amount of the check is $500, the governor's office stated.
The pay raises being paid today for General Pay Plan employees are about one-third of the more than 6,000 GovGuam employees and supervisors whose pay raises were authorized in a 2011 law.
The General Pay Plan category doesn't include nurses, law enforcement personnel and educators, whose pay-raise classifications fall under a different category.
GovGuam pay raises weren't immediately implemented because GovGuam was short of funds to do so.
"I'd like to thank you for your patience," the governor's column states. "It allowed me to address other financial issues that, without your hard work, probably wouldn't have been done."
The Guam Department of Education's non-teaching employees still haven't been paid their pay raises under the same law. As of yesterday afternoon, DOE received word that today's payments won't include non-teaching DOE employees, said DOE Deputy Superintendent for Finance Taling Taitano.
23 October 2014
U.N. Racism Committee again decries lack of information from U.N. decolonisation bodies on racism in non self-governing territories
Requests by the U.N. Anti-Racism Committee for information on the world's remaining colonies have been made for years.
VIII. Consideration of copies of petitions, copies of reports and other information relating to trust and non-self-governing territories to which General Assembly resolution 1514 (XV) applies, in conformity with article 15 of the Convention
62. Under article 15 of the Convention, the Committee on the Elimination of Racial Discrimination is empowered to consider copies of petitions, reports and other information relating to trust and non-self-governing territories and to all other territories to which General Assembly resolution 1514 (XV) applies, as transmitted to it by the competent bodies of the United Nations, and to submit to the General Assembly its expressions of opinion and recommendations in this regard.
63. Accordingly, and at the request of the Committee, Mr. Kut examined the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples covering its work during and copies of the working papers on the 16 Territories prepared by the Secretariat for the Special Committee and the Trusteeship Council, listed in document CERD/C/83/3, and presented his report at the eighty-fourth session, on 20 February 2014. The Committee noted, as it has done in the past, that it was difficult to fulfil its functions comprehensively under article 15 of the Convention owing to the fact that the copies of the reports received pursuant to paragraph 2 (b) contain only scant information directly relating to the principles and objectives of the Convention.
64. The Committee further noted that there was significant ethnic diversity in a number of the non-self-governing territories, warranting a close watch on incidents or trends which reflect racial
discrimination and violation of rights guaranteed in the Convention. The Committee therefore stressed that greater efforts should be made to raise awareness concerning the principles and objectives of the Convention in non-self-governing territories.
The Committee further stressed the need for States parties administering non self-governing territories to include details on the implementation of the Convention in these territories in their periodic reports to the Committee.
22 October 2014
Kanaky, Ma'ohi Nui leaders were at U.N. Headquarters to address
the 193-member United Nations Fourth Committee
Photos by OTR
|Kanaky leader Roch Wamytan (l) is interviewed by French press following |
United Nations testimony
|Ma'ohi Nui leader Oscar Temaru (r) discusses strategy with Kanaky leader Roch Wamytan|
|Ma'ohi Nui, Kanaky delegations stand together on the grounds |
of United Nations Headquarters
|Independent Expert on Decolonisation Dr. Carlyle Corbin (c) wth Kanaky leaders following U.N. consideration of decolonization of New Caledonia and French Polynesia.|
21 October 2014
20 October 2014
19 October 2014
The Weekly Independent Newspaper of Anguilla
Mr Haydn Hughes, the Parliamentary Secretary for Tourism and Sports, and for many years a leading figure behind the Anguilla Independence Movement (AIM), has revived the call for that advanced status for the island.
Apart from Mr Hughes’ efforts towards that end, the Anguilla United Movement, in which he plays a key membership role, has also been promoting the issue. In fact, the last AUM-appointed Constitutional and Electoral Reform Committee had reportedly prepared a draft independence constitution with November 1, 2014 as the commencement date. Since then the matter appeared to have been placed on the back burner with more pressing matters on the mind of the Chief Minister.
Now, Mr Haydn Hughes, named by his father as his successor as the candidate for Road South, said at an AUM public meeting in South Hill on Saturday, October 11, that the time “had come for Anguillians to address the issue of independence.”
He stated that “independence must be on the card of any Government moving forward”, but suggested the holding of a referendum as a precursor.
17 October 2014
16 October 2014
"The General Assembly...urges the administering Powers concerned to take effective measures to safeguard and guarantee the inalienable rights of the peoples of the Non Self-Governing Territories to their natural resources (,) and to establish and maintain control over the future development of those resources..." - United Nations General Assembly Resolution 68/97 of 11 December 2013.
BY LOUELLA LOSINIO
MARIANAS VARIETY NEWS STAFF
12 October 2014
American Samoa granted temporary 30-day exemption for non-U.S. carrier to fly between the territory's islands
"Restriction on air service rights for U.S. dependencies, providing monopolies to U.S. carriers, is inconsistent with the free market, and is the primary reason for overly expensive airfares to, from and within these territories. The same scenario is witnessed with the unilateral application of the U.S. Jones Act to most of the territories where U.S. sea carriers exercise a monopoly on service. This results in high costs for commodities transported by ocean freight even as these dependencies, save Puerto Rico, lie outside the U.S. customs zone. Yet the prerogative of the federal government is to unilaterally apply whatever regulations they desire to these offshore areas to protect certain business interests. But then again, the U.S. dependencies are classic colonies, so what should we expect?" - A Pacific expert.
Sun, 10/05/2014 - 7:26am | Category
The U.S. Department of Transportation has granted a 30-days cabotage exemption extension for Samoa government owned Polynesian Airlines to operate three-times a week flights between Tutuila and Manu’a.
The extension decision, issued Sept. 25 by USDOT’s Susan L. Kurland, Assistant Secretary for Aviation and International Affairs, followed a Sept. 23 request by Polynesian, which was initially granted cabotage exemption for Sept. 1-30.
In its Sept. 23 request, Polynesian sought a 30-day extension of the cabotage exemption, saying that the Tutuila-Manu’a route “remains without U.S. carrier service” and Polynesian is the only air carrier able to “provide much needed transportation between the two points and thus prevent severe hardship to American Samoa residents.”
“Indeed, in addition to operating regular service Polynesian has been called upon to provide medical evacuation during the past thirty days. There is a clear need for continued service for an additional thirty days,” Polynesian said, through its Washington D.C. based attorney.
In her decision, Kurland agreed with Polynesian, saying that the absence of U.S. carrier passenger service while Inter Island Airways’ aircraft is out of service “continues to constitute an emergency created by unusual circumstances not arising in the normal course of business.”
“We... found that granting of this authority would prevent unreasonable hardship to the residents of American Samoa,” she said and granted an exemption for an additional period of 30 days — Oct. 1-30, 2014 — or until five days after a U.S. carrier initiates intra-American Samoa passenger operations, whichever occurs first.
According to USDOT, there was no opposition to Polynesian’s request and Inter Island Airways supported the 30-day extension.
Inter Island Airways aircraft have been down due to engine problems for more than two months and the locally based carrier is hopeful to have the aircraft back in service later this month.
Polynesian is utilizing a 19-seat Twin Otter plane for the three times a week service to Manu’a. The airline, which has two Twin Otter planes, also continues to serve the inter Samoa route that is expected to get very busy next week — with full flights — as White Sunday, Oct. 12 approaches.
10 October 2014
-e pueblo Boneriano tin derecho riba igualdat i libertat politiko
-e pueblo Boneriano tin derecho di dirigi su mes destino
-e pueblo Boneriano tin derecho di mantene su idioma,kustumbernan,norma i balornan,kultura i identidat
-e pueblo Boneriano tin derecho pa wordu goberna i dirigi dor di su mes lidernan i hendenan ku e skohe
-e pueblo Boneriano tin derecho hereda i atkeri pa historia kolonial pa wordu sostene i juda dor di e kolonisador Hulanda den su proseso di emansipashon i empoderashon i kreashon di su mes nashon Boneiru
- e pueblo Boneriano no mag di wordu goberna ni domina di ningún forma dor di Hulanda
-e pueblo Boneriano tin derecho di defende e derechonan aki i asta kontra su mes politikonan i gobernantenan i autoridatnan i por usa tur medio pa rekobra i sigura su libertat
- James Finies, Nos Ke Boneiru Bek
09 October 2014
U.N. General Assembly discusses plans for genuine process of self-determination for French Polynesia / Ma'ohi Nui
Hears statements from political leaders of the territory
Statement to the Special Political and Decolonization Committee
Mr. Oscar Manutahi Temaru
Tavini Huira’atira —
Union pour la démocratie
8th October 2014
"We are pleased that as a newly-listed territory the broad range of decolonization resolutions has become applicable to our territory in particular, the operative paragraph which recognizes the "inalienable rights of the people of the non self-governing territories to their natural resources," and their right to establish and maintain control over the future development of those resources...."
Mr. Chairman, distinguished delegates,
I present to you and the members of the Fourth Committee the warmest regards from the people of Ma’ohi Nui/French Polynesia. We wish to thank you again for your help in our re-inscription on the U.N. list of non self-governing territories with the adoption of Resolution 67/265 of 17th May 2013, and the subsequent adoption of Resolution 68/93 on 11th December 2013 on the "Question of French Polynesia."
On 17th May 2014 - exactly one year after the re-inscription - thousands of our people moved throughout the towns and villages of Tahiti in a coordinated march in commemoration of this historic event which has provided us with the opportunity to engage in a process of self-determination under the watchful eye and with the technical support of the United Nations.
There, in a prominent ceremony, the permanent memorial to our re-inscription was unveiled symbolizing the relentless efforts of our people and a major milestone for a struggle that I started here, in New-York in 1978, as a simple citizen of my country to petition against the French nuclear testing, trying to gain international support for our struggle to overcome colonialism in our country.
We are pleased that as a newly-listed territory the broad range of decolonization resolutions has become applicable to our territory. In this regard, we take note of the draft resolution (L.9) adopted last June by the Special Committee on Decolonization (C24) on the Implementation of the Decolonization Declaration with its varied provisions, in particular, the operative paragraph which recognizes the "inalienable rights of the people of the non self-governing territories to their natural resources," and their right to establish and maintain control over the future development of those resources."
This language mirrors longstanding text of U.N and Law of the Sea resolutions, and U.N. legal opinions, and the applicability of this doctrine is critical to the disposition of our marine resources comprising some five million square kilometres of ocean. Studies from Japan, and official report from the French Senate from April 2014 clearly establish that vast amounts of minerals and rare earth lie on the seabed of Maohi Nui.
In view of this clear authority the rule of law must prevail since the powers unilaterally exercised by the French State are used to limit the territory's scope and authority in relation to these resources. France is member of the International Seabed Authority. All our independent brothers and cousins from the South Pacific are also members of I.S.A. We are not. We therefore fully expect that in the course of the self-determination process our internationally recognized ownership and control of the resources is given effect.
Technology to reach these seabed resources is already available. Our administering power is already in the process of planning exploitation and has established a special committee on strategic minerals (COMES) in which we again have no say. Without real recognition of our ownership on these resources, and without control over immigration, we are bound to become the powerless spectators of yet another pillaging, as has been the case for over 30 years during the French exploitation of phosphates on the island of Makatea in our Tuamotu archipelago.
Job seekers from France will flock to our islands, and easily saturate our job market, leaving our People and our children with only the scraps. This very sad scenario has already happened throughout the history of mankind. Since our brothers from Kanaky/New Caledonia are here today, they know firsthand that this is exactly what has happened in their country when vast amounts of Nickel were discovered.
This perspective raises two issues that need the full attention of the United Nations. The first one is that of the control of immigration which currently is only exerted by the administering power. The second is the need to clearly define voters’ eligibility rules in the context of our self-determination process.
Thank you, te aroha ia rahi.
Statement to the Special Political and Decolonization Committee
Mr. Richard Ariihau TUHEIAVA
Tavini Huiraatira No Te Ao Ma’ohi-F.L.P. Party
8 October 2014
"A stakeholder statement to the Universal Peer Review of France, conducted in the Human Rights Council in 2013, concluding that 17 years after the last French nuclear test was held in the Pacific, our people are still "living with the legacy of hundreds of nuclear tests."
Mr. Chairman, Excellencies, distinguished delegates,
I have the honour to address the Fourth Committee on behalf of the Tavini Huiraatira No Te Ao Ma’ohi-F.L.P. Party created in 1977 to claim and advocate for the freedom and independence of the People of French Polynesia/Ma’ohi-Nui.
Through you, we would like to thank the General Assembly for the re-inscription of French Polynesia/Ma'ohi-Nui by Resolution 67/265.
We also commend the General Assembly for the adoption of Resolution 68/93 on the Question of French Polynesia, and particular draw attention to its OP 5 which requested a “Report on the environmental, ecological, health, and other impacts as a consequence of the thirty-year period of nuclear testing in the territory”.
While we appreciate the effort made in completion of this Report, we are disappointed that it was published, perhaps strategically, almost a month after the Special Committee on Decolonization had completed its work last June 2014, providing no opportunity for the substantive committee to review the findings. The people of our non-self governing territory were also deprived of a chance to provide their views on the Report.
In this very first opportunity to express our views on the text, we have concluded that the Report is far from comprehensive, and is rather a compilation of replies from just two U.N. agencies out of some 22 requests made by the Secretary-General. Of these replies was a reference to a 1996 International Atomic Energy Agency (IAEA) study which had painted quite a rosy picture that the impact to the health of the Ma’ohi people was negligible. This finding has been proven to be vastly premature.
In apparent contradiction to the 1996 IAEA study, a subsequent document of the U.N. Scientific Committee on the Effects of Atomic Radiation found “that the testing of nuclear weapons in the atmosphere involved unrestrained releases of radioactive materials to the environment locally, regionally and globally (depending on the altitude of the explosion), causing the largest collective dose thus far from man-made sources of radiation."
The Report does make important reference to a stakeholder statement to the Universal Peer Review of France, conducted in the Human Rights Council in 2013, concluding that 17 years after the last French nuclear test was held in the Pacific, our people are still "living with the legacy of hundreds of nuclear tests."
In effect, the Report, as called for in Resolution 68/93, barely scratches the surface. Instead, it offers but a mere glimpse of the long term health and ecological impacts experienced today by thousands of our people who have yet to be given reparatory justice for this blatant disregard of humanity perpetuated on the people of our country. Therefore, a follow-up in depth examination within the appropriate mechanism of the U.N. system is the next logical step.
Fortunately, we can draw attention to the Independent Report on the French Nuclear Testing in French Polynesia completed by renowned scientists and published in January 2014. This Independent Report provides a thorough analysis of the impacts of nuclear testing on the people of French Polynesia/Ma'ohi-Nui, and its publication as a document of the General Assembly would be most useful in advancing the knowledge of member states on this question.
We are confident that this Independent Analysis, along with the Independent Assessment of Self-Governance Sufficiency, would be especially useful to the deliberation of member States, and we call on interested member states to so introduce these analyses as official documents.
We take particular note of the organic link between the impact of nuclear testing in French Polynesia/Ma’ohi-Nui, and the draft resolution before the Fourth Committee on the "Effects of Atomic Radiation" with reference to the important work of the U.N. Scientific Committee on the Effects of Atomic Radiation.
We respectively request the assistance of the General Assembly in recommending that the Scientific Committee consider the inclusion of French Polynesia in its programme of work. The clear evidence of considerable environmental, health, social and economic impacts to French Polynesia/Ma'ohi-Nui warrants that this issue be examined by the international community in far greater detail.
Thank you, Mr. Chairman.
Statement to the Special Political and Decolonization Committee
Mr. Moetai BROTHERSON
8th October 2014
Mr. Chairman, distinguished delegates,
In the great city of Faa’a of which I am honored to be deputy mayor, a permanent memorial to our re-inscription testifies as solemn acknowledgement of the support provided by the international community, including our brother Pacific countries, who stood with us as we pursued this important step towards the exercise of our right to self-determination.
As a deputy mayor in French Polynesia’s biggest city, I am the daily witness to the unilateral definition and application of both the electoral laws, and the organizing laws ruling the daily operations in our communes. Today, all communes are facing daunting problems due to the application of the Code Général des Collectivités Territoriales that, contrary to what was achieved in Kanaky/New Caledonia does not take into account our specific needs and constraints and is nothing more than a copy and paste version of what is applied to the metropolitan French communes.
The same applies at our territory level where electoral laws are defined, voted, updated and applied unilaterally from Paris, without any need for local consent. The government and president of our territory are validated, controlled, judged and dismissed by France who even has the unilateral power to disband our parliament as has been the case in in 2004 and 2007.
We are now under the purview of the United Nations decolonization process pursuant to Chapter 11 of the Charter which highlights the responsibility of the administering powers to prepare the territories for full self-government consistent with international law. We fully expect that France, as the administering power, will live up to its international legal obligations in this regard.
It is regrettable, however, that the administering power has failed to transmit information on our territory this year pursuant to its obligation under Article 73 (e) of the U.N. Charter. The international community cannot simply countenance such pretense as if the consensus resolution of re-inscription had never been adopted. If countries are allowed to pick and choose which parts of the U.N. Charter they would implement, and which parts they would not, then their aggressive claims of adherence to the international ‘rule of law’ in other international scenarios ring particularly hollow.
We therefore appreciate the clear reference from the C24 to the failure by the administering Power to submit information on our territory. We fully expect France to meet its international legal obligations in transmitting information on French Polynesia as they did following a similar delay in transmission of information on New Caledonia one year after its re-inscription in 1986.
Time will come when France will engage in the process and we look forward to that. However we remain conscious that information transmitted by an administering power regarding one of its territories to be decolonized can be biased. Visiting missions from the UN to French Polynesia are therefore indeed highly needed and anticipated.
The People of Ma’ohi Nui are looking up to the United Nations with high hopes that, true to its roots and mission, it will ensure that a fair self-determination process is put into place in our country. These visiting missions, providing the United Nations with first-hand information and the ability to meet with all local parties involved are seen as an essential part to achieving this process and they also have been referenced to in previous resolutions and statements by member states.
In a world of violence and wars, we cherish the peaceful yet determined path that has been ours in this decolonization process. With the help of the United Nations, we intend to remain on this path.
Thank you, mauruuru, te aroha ia rahi.
08 October 2014
British application of "Trial without Jury" law in Turks and Caicos Islands could violate human rights of defendants
One of Britain's top lawyers, Queen's Counsel Courtenay Griffiths, has indicated that the controversial Trial Without Jury law which was recently enforced in the Turks and Caicos Islands, is part of well-orchestrated master-plan that is designed to secure convictions against certain high-profile individuals who are presently before the courts.
Griffiths, who is the lead counsel for former Premier Michael Misick, gave this assessment last week while making submissions to the Court of Appeal to dismiss the decision by Mr. Justice Paul Harrison who ruled on Monday June 23rd, 2014, that several persons charged with corruption by the Helen Garlick-led Special Investigation and Prosecution Team (SIPT) should be tried by a judge only, instead of a jury of their peers.
The Jamaica-born Griffiths, who has been involved in some of the most high-profile and notable cases of the past two decades, told the Court of Appeal: "The Trial Without Jury Ordinance was introduced in November 2010 and four years on, no attempt has been made to use it in any other criminal proceedings; not even the Emerald Cay case which is alleged to have arisen during that same period of criminality."
He added: "When we look at certain factors following the Sir Robin Auld Inquiry together, it appears that a structure is being put in place to create a particular outcome and one cannot escape the conclusion that this was indeed the case when the Trial Without Jury Ordinance was introduced."
Griffiths is amongst the most sought after of International Criminal law specialists, providing representation in trials of genocide, crimes against humanity and other war crimes before international, internationalised and national courts. He is particularly noted for his work in the recent landmark case in The Hague defending the former president of Liberia, Charles Taylor.
The Queen's Counsel even suggested that the SIPT may have had some involvement in the framing of the Trial Without Jury Ordinance, which was introduced while the Turks and Caicos Islands were under direct rule by Britain, following the suspension of some of the most significant parts of the country's Constitution on August 14, 2009.
In addition to the Trial Without Jury Ordinance, during that time, there was also the introduction of a Hearsay Ordinance which takes the highly unusual step of allowing hearsay evidence to be admitted; and it seemingly will only apply to the SIPT trial.
"Any reasonable by-stander will conclude that all of these things were put in place just for these defendants," Griffiths stated. To substantiate his point, Griffiths quoted extensively from a landmark case, Don John Francis Douglas Liyanage against the Queen, in which the Privy Council, the highest court in the United Kingdom, dismissed a case that was similar to the one currently before the TCI courts.
PRIVY COUNCIL RULING
He quoted from the case law which stated:
"The first Act was wholly bad in that it was a special direction to the judiciary as to the trial of particular prisoners who were identifiable and charged with particular offences on a particular occasion. The pith and substance of both Acts was a legislative plan ex post facto to secure the conviction and enhance the punishment of those particular individuals. It legalised their imprisonment while they were awaiting trial. It made admissible their statements inadmissibly obtained during that period. It altered the fundamental law of evidence so as to facilitate their conviction. And finally it altered ex post facto the punishment to be imposed on them.
In their Lordships' view that cogent summary fairly describes the effect of the Acts. As has been indicated already, legislation ad hominem which is thus directed to the course of particular proceedings may not always amount to an interference with the functions of the judiciary. But in the present case their Lordships have no doubt that there was such interference; that it was not only the likely but the intended effect of the impugned enactments; and that it is fatal to their validity. The true nature and purpose of these enactments are revealed by their conjoint impact on the specific proceedings in respect of which they were designed, and they take their colour, in particular, from the alterations they purported to make as to their ultimate objective, the punishment of those convicted. These alterations constituted a grave and deliberate incursion into the judicial sphere. Quite bluntly, their aim was to ensure that the judges in dealing with these particular persons on these particular charges were deprived of their normal discretion as respects appropriate sentences."
COURT OF APPEAL DISMISSES APPEAL
However, on Thursday September 11th,2014, the Court of Appeal which comprises President, Edward Zacca, QC, Elliott Mottley,QC, and Ian Forte, QC, sided with Judge Harrison and dismissed the appeal.
When contacted in England for a comment on the Court of Appeal decision, Griffiths stated: "It is astonishing that the Court of Appeal has come to a decision so quickly. We are very concerned that we are now required to appeal, when we don't even have a written decision or a transcript of the proceedings. However, we definitely intend to appeal the decision."
Among the reasons which Mr. Justice Harrison decided to order Trial Without Jury are as follows:
(a) the allegations of wrongdoing are by prominent public figures, including politicians and their activities and interaction with members of the public throughout TCI over the years 2003 to 2009, culminating in the Auld Inquiry and Report;
(b) the pre-trial media publicity, adverse to both the prosecution and the defence, consistently and relentlessly since the Commission of Enquiry Report in 2009 and up to January 2014. This could not have failed to influence adversely the minds of potential jurors in the small jurisdiction of TCI;
(c) the charges are complex, allegedly comprising the payment of millions of dollars by various means and channels to various accounts and to numerous recipients. Inevitably, this will involve a heavy volume of documents, both at pretrial and at the trial, more appropriately dealt with by a judge alone;
(d) the trial is estimated to last for months; this will involve dislocation of the lives of potential jurors, their impecuniousity from loss of earnings, disadvantage to employers and inconvenience. The probable delays from adjournments and time-off for jurors for various reasons, is also inevitable.
07 October 2014
Bonaire Civil Society again calls for genuine self-determination, decries influence of 'settler colonialism' on political system
Address to the Bonerian parliament in the meeting
to decide on a self-determination referendum
for the Bonerian people
Fundashon Nos Ke Boneiru Bek
1 October 2014
"Holland has to respect your decision, and international law and their laws that they agreed to in the United Nations. And we encourage you, that the Bonerian people have chosen you to defend them, to stay strong for this because you have the support of our international law, and of your peoples behind you. Be responsible and do no leave to the peoples themselves to resort to their last recourse and right to rebel and revolution to defend and secure their freedom and rights in their own way."
(original Papiamento below)
We are here together with the same objective and in the forefront and defense of the Bonerian peoples. The issue of referendum and self-determination which signifies determine Bonaire’s own destiny, is 100% responsibility of the Bonerian peoples and of no other people, institution, government or political group. It is the right of the Bonerian peoples and your responsibility and duty to arrange this thru this parliament so the government can execute your decision and mandate according to the international laws established of self-determination and have this organized according to those laws.
We all are aware that in the previous three referenda, 1993, 2004 and 2010 the peoples representation, the parliament and government had abused the power that the people had given them, and did not comply honestly according to the wishes of the people and according to the laws of self-determination, particularly Article 1541 and it’s choices. For that reason, up to today, we are all together in a chaotic situation of division as Bonerian peoples.
Development and welfare and happiness of the Bonerian peoples is your final objective as politicians and duty as representatives of the people. This is only possible at the level of self-determination - as island, nation or as Bonerian peoples - if you let go of your personal pride and local partisan political position, and stand together to form a union with the Bonerian peoples, as one Bonerian people, and together move forward and continue the correct and natural and human process of emancipation, empowerment and creation of our nation Bonaire. There is no green, red, blue or any coloured Bonaire, but one Bonaire, one Bonerian peoples with one flag, one hymn and one destiny.
To realize this we are begging and pleading to you to consider and respect our people's rights that we inherited and acquired, that the island of Bonaire belongs only to the Bonerian peoples and not to any other people, and has to be returned back to the people so that they can pass it over to our next generations. For we who are here now and today, it is our obligation and responsibility to defend and secure this - nothing else.
Today is a crucial day. You are the last parliament chosen by the Bonerian peoples in the principles of international law of reason, ability and good faith that protects small colonized peoples as us from the influence and economical and numerical power of the colonizer Holland. Following the parliament of March 18, 2014, this will not be the case because the Dutch people who are governing and dominating and making laws and ruling us since 10-10-10 have removed this protection, and are repopulating our island with their own Dutch European people. This has caused them to become more numerous then ourselves, and through this illegal constitutional status, they have obtained illegal democratic voting rights. Thus, they will vote and co-form a new parliament not chosen by the Bonerian peoples, but also by their Dutch European peoples.
You are here because of democracy. The people have voted for you, and the same Bonerian people also have the same right as you to democratically vote to choose and determine their our destiny. You have to respect the people’s democratic rights and be aware that it is not acceptable to let the destiny of our Bonerian people be determined by a other people and not the Bonerian people.
In similar situation a case as ours in New Caledonia that France has repopulated, and filled the islands with their own European French. To prevent that the destiny destiny will unjustly decide by the European French peoples, their parliament has passed the law and condition that residency of at least twenty years is required to have the right to vote in their self-determination referendum. And this decision has been supported by the European Court and is recognized and protected by the United Nations.
Same case in Holland, ourselves as Antillean, Bonerians, with same nationality and Dutch passport, is required to have at least ten years residency to vote for their parliament.
For these reasons we are begging you to consider this and if Holland intimidates you as the previous case and force you to surrender our self-determination right and right to determine our own destiny, that is of a higher level then that of a parliament, for less then these benchmarks, do not accept this, because this is unjust and treacherous.
Holland has to respect your decision, and international law and their laws that they agreed to in the United Nations. And we encourage you, that the Bonerian people have chosen you to defend them, to stay strong for this because you have the support of our international law, and of your peoples behind you.
Be responsible and do no leave to the peoples themselves to resort to their last recourse and right to rebel and revolution to defend and secure their freedom and rights in their own way.
Disertashon James Finies na konseho insular den reunión pa disidi pa un referéndum di autodeterminashon
James Finies, Fundashon Nos Ke Boneiru Bek
1 Oktober 2014
Nos ta huntu aki atrobe ku e mes un meta pa sali na vanguardia i defensa di e pueblo boneriano kompletu. E topiko di referéndum i autodeterminashon ku ta nifika determina Boneiru su mes destino, ta 100% responsabilidat di e pueblo Boneriano i no di ningún otro pueblo, instansia, gobiernu, o grupo politiko. Ta e pueblo Boneriano su derecho i boso responsabilidat i deber ta pa regla esaki via e parlamentu aki pa asina e gobiernu por ehekuta boso desishon i mandato konforme leynan internashonal establese di autodeterminashon i laga organisa esaki tambe konforme e leynan aki.
Nos tur ta na altura ku den tur e tres referendumnan, 1993, 2004 i 2010 e pueblo su representashon, pues parlamentu i gobiernu a mal usa su poder ku pueblo a dune i no a kumpli honestamente di akuerdo ku e deseo di e pueblo i ku e akuerdonan i leynan di autodeterminashon art.1541 i e eskohonan mara na esaki, i ta pesey te ku awe nos tur huntu ta den e situashon kaotiko i di divishon komo pueblo Boneriano. Desaroyo i bienestar i felisidat di e pueblo Boneriano den su totalidat loke ta boso tur su meta final komo poltikonan i deber komo representante di pueblo. Esaki ta solamente posibel na e nivel di autodeterminashon, komo isla, país o nashon Boneriano, ta si boso laga boso orguyo personal i posishon di politika partidista lokal, i para huntu i forma un bloke ku e pueblo Boneriano, komo un pueblo Boneriano i huntu kamina i sigui proseso korekto i natural i humano di emansipashon, empodersahon i kreashon di nos nashon Boneriano. No ta eksisti un Boneiru berde, kora, blou, o otro kolo, pero un pueblo Boneriano ku un bandera, un himno i un destino.
Pa logra esaki nos ta roga i suplika boso pa tene kuenta i respeta e pueblo su derechonan ku e la hereda i atkeri, ku e isla di Boneiru ta pertenese solamente na e pueblo Boneriano i no na niun otro pueblo i mester wordu debolbe bek na e pueblo pa e por pase dor nan su siguiente generashonan benidero. Boneiru ta di nos yunan i nan generashonan i nos ku ta aki awor i awe ta nos obligashon i responsabilidat ta pa defende i sigura esaki, nada otro.
Awe ta un dia krusial. Boso ta e ultimo parlamentu skohe pa e pueblo Boneriano den e kuadro di leynan internashonal di rasonabilidat i buena fe ku ta protehe pueblonan chiki kolonisa manera nos, kontra di influensia i poder ekonomiko i numeriko di e país kolonisado Hulanda. E siguiente parlamento después di boso, despues di 18 maart 2014 esaki lo no ta e kaso mas pasobra e pueblo Hulandes ku ta goberna i domina nos i traha leynan for di 10-10-10 a soru pa kita e protekshon aki i ta repopulando nos isla ku nan mes hendenan Hulandes Oropeonan i ta birando mas ku nos mes i nan dor di e status ilegal aki a obtene derecho pa vota, tambe ilegal, i nan lo vota i juda forma un parlemento nobo no vota dor di e pueblo Boneriano pero dor di nan pueblo Hulandes Oropeo tambe.
Despues di e elekshon benidero, e derecho di autodeterminashon di e pueblo Boneriano lo no ta bao di direkshon di e pueblo Boneriano su eskoho i su parlamento so mas pero lo ta na merced di e parlamento nobo ku e Hulandes Oropeonan manera deskribi ariba tambe ku nan a vota i skohe pe. E divishon ku a krea na 10-10-10 lo bira mas grandi so si nos sigui persisti pa bai waak i midi forsa den elekshon. E elekshon aki no ta kontra kontrikante poltikonan o partidonan ku boso a kustumbra ku ne pero ta ta kontra Hulanda i pa boso isla i territorio Boneiru.
Boso ta aki ta medio di demokrasia, pueblo a vota pa boso, i meskos e pueblo Boneriano tambe tin mesun derecho ku boso pa medio di demokrasia hustu, voto, i skohe i determina su mes destino. Pues mester respeta e pueblo su derechonan demokratiko i tene kuenta ku no ta aseptabel pa laga destino di nos pueblo wordu determina pa otro pueblo ku no ta esun Boneriano.
Si den mesun situashon i kaso igual ku nos na Nueva Caledonia ku Fransia a repopula i jena e isla ku Franses oropeonan i pa evita ku nan destino lo wordu disidi inhustamente dor e pueblo Franses oropeo, nan parlamentu a pasa e ley i kondishon ku mester ta residensia por lo menos 20 anja pa tin e derecho pa por vota den nan referéndum di autodeterminashon. I e desishon aki a hanja respaldo legal di Korte Oropeo i ta wordu rekonose i salbargadia pa Nashonan Uni.
Meskos ku na Hulanda mes nos mes komo Antiano, Boneriano, ku mesun nashonalidat i pasport Hulandes, mester tin por lo menos 10 anja residensia pa por vota den nan elekshon pa nan parlamento.
|Address to the Bonerian parliament in the meeting|
Sea responsabel i no laga pa e pueblo mes, mester resorta na su ultimo rekurso i derecho di rebeldía o revolushon pa defende i sigura su libertat i derechonan na su mes forma.