UN GENERAL ASSEMBLY ADOPTS US VIRGIN ISLANDS RESOLUTION

                    

UNITED NATIONS 

RESOLUTION 77/147 

US VIRGIN ISLANDS

Resolution adopted by the General Assembly

       12th December 2022 

EXCERPTS

The General Assembly,

    Convinced that any negotiations to determine the status of the Territory must take place with the active involvement and participation of the people of the Territory, under the auspices of the United Nations, on a case-by-case basis, and that the views of the people of the United States Virgin Islands in respect of their right to self-determination should be ascertained, 

.......

    Aware of the importance both to the United States Virgin Islands and to the Special Committee of the participation of elected and appointed representatives of the United States Virgin Islands in the work of the Committee,

.......

    Recognizing the need for the Special Committee to ensure that the appropriate bodies of the United Nations actively pursue a public awareness campaign aimed at assisting the people of the United States Virgin Islands with their inalienable right to self-determination and in gaining a better understanding of the options for self-determination, on a case-by-case basis,

......

   1. Reaffirms the inalienable right of the people of the United States Virgin Islands to self-determination, in conformity with the Charter of the United Nations, and with General Assembly resolution 1514 (XV),

    2. Also reaffirms that, in the process of decolonization of the United States Virgin Islands, there is no alternative to the principle of self-determination, which is also a fundamental human right, as recognized under the relevant human rights conventions; 

   3. Further reaffirms that it is ultimately for the people of the United States Virgin Islands to determine freely their future political status in accordance with the relevant provisions of the Charter, the Declaration and the relevant resolutions of the General Assembly, and in that connection calls upon the administering Power, in cooperation with the territorial Government and appropriate bodies of the United Nations system, to develop political education programmes for the Territory in order to foster an awareness among the people of their right to self-determination in conformity with the legitimate political status options, based on the principles clearly defined in Assembly resolution 1541 (XV) and other relevant resolutions and decisions; 

......

12. Calls upon the administering Power to participate in and cooperate fully with the work of the Special Committee in order to implement the provisions of Article 73 e of the Charter and the Declaration and in order to advise the Committee on the implementation of the provisions under Article 73 b of the Charter on efforts to promote self-government in the United States Virgin Islands, and encourages the administering Power to facilitate visiting and special missions to the Territory. 

INDEPENDENT SELF-GOVERNANCE ASSESSMENT ON BONAIRE

 

U.N. IMPLEMENTATION OF DECOLONIZATION MANDATE KEY TO GENUINE SELF-DETERMINATION FOR MA'OHI NUI / FRENCH POLYNESIA

Statement to Special Committee on Decolonization (C24) 

Ms. Tiare-Maohi TAIRUA

President of the Association Union Chrétienne des Jeunes Gens 

United Nations, New York, N.Y. 

27th June 2019 

Madam Chair, 

Distinguished Members of the Special Committee, 

Independent expert analyses as the Blue Ocean Report on the French control of natural resources of French Polynesia as a violation of international law, the 2014 Independent Report on "The French Nuclear Testing in Ma’ohi-Nui/French Polynesia," the 2013 independent "Self-Governance Assessment on Ma’ohi-Nui/French Polynesia (already acknowledged by the General Assembly), and others could prove highly useful in informing the C24 and other relevant U.N. bodies of the challenges faced by the territories amid the insufficient implementation of the decolonization mandate in relation to French Polynesia and other territories similarly situated. 

Such independent analysis separates the facts from the political "spin" designed to lend an unwarranted legitimacy to contemporary dependency governance models such as the illusory autonomy administratively exercised by Ma’ohi-Nui/French Polynesia proxies. 

The overall lack of implementation of actions contained in decolonization resolutions since the beginning of the first International Decade for the Eradication of Colonialism in 1990 is disturbing, and brings into serious question the extent of political will for the U.N. to carry out its mandate to bring an end to contemporary colonialism. 

It is, therefore, not surprising that there has been limited progress in achieving the goals of genuine decolonization, as opposed to mere colonial reform and modernization through attempts to justify contemporary colonialism. As one global decolonization expert observed before this committee in 2018: 

"This lack of implementation of actions mandated by the General Assembly can have the effect of relegating the debate to an exchange of differing opinions between those who recognize the true nature of contemporary colonialism, and those who have made an accommodation with it, irrespective of its democratic deficiencies. But this is not supposed to be about opinion. Rather, it is about providing member States with the opportunity for in-depth examination of the extent of genuine self-government in these territories on the basis of the requisite criteria of full political equality." 

Implementation of the mandate is the fundamental challenge, and continues to be the major stumbling block as we reach the end of the third International Decade for the Eradication of Colonialism. The re-inscription of Ma’ohi-Nui/French Polynesia on the U.N. list of non self-governing territories in 2013 was a historic moment, achieved with great expectations that the U.N. would live up to its promise. 

We remain optimistic that a genuine process of implementation of these mandates will be enacted with the renewed energy and political will to advance our territory to the full measure of self-government with equal rights and justice. 

Thank You, Madam Chair.

FRANCE VIOLATES INTERNATIONAL LAW BY USURPING NATURAL RESOURCES OF MA'OHI NUI / FRENCH POLYNESIA

Statement to Special Committee on Decolonization 
Reverend François Pihaatae 

Coordinator of Moruroa E Tatou Association

United Nations, New York, N.Y.

28th June 2019

Madam Chair,

Distinguished Members of the Special Committee,

We acknowledge with appreciation the progressive recognition by the General Assembly of the "inalienable right of the people of French Polynesia to the ownership, control and disposal of their natural resources, including marine resources and undersea minerals" beginning with Resolution 71/120 of 6 December 2016, and most recently by Resolution
(73/112) of 7 December 2018 which "urges the administering Power to ensure this permanent sovereignty pursuant to relevant resolutions of the General Assembly.

In this connection, it is to be noted that the annual resolution on the Implementation of the Decolonization Declaration applicable to all territories including Ma’ohi-Nui/French Polynesia consistently "urges the administering Powers 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...".

The willful absence of the administering Power in participating in the work of this committee on the "Question of Ma’ohi-Nui/French Polynesia," in violation of the U.N. Charter, precludes the opportunity to assess their level of compliance with international law - or lack thereof - that clearly confirms that the ownership of these resources lies with the people of the territories.

Despite this clear "rule of law on natural resources," we continue to advise that the administering Power has kept full control and sovereignty over our natural resources in violation of international law.

These violations of the administering Power were examined in depth in the 2019 report “Enduring Colonization: How France’s Continuing Control of French Polynesian ResourcesViolates the International Law of Self-Determination,” published by Blue Ocean Law, the Pacific Network on Globalisation, and the International Justice and Human Rights Clinic at Allard Law School, University of British Columbia.

Some of the key findings of the analysis are particularly poignant:

● France’s continued control over and interference with the islands’ resources

works to disenfranchise the people of Ma’ohi-Nui/French Polynesia, violating their fundamental right to self-determination, particularly their right to freely determine their own economic, social, and cultural development.

● In its recent efforts to develop seabed mining programs in the region, France continually asserts sovereignty over Ma’ohi-Nui waters. At the same time, it has failed to consult
with – let alone obtain the consent of – indigenous, coastal, and local communities within Ma’ohi-Nui/French Polynesia, who are most likely to be affected by this new extractive activity.

● The failure to clean up or otherwise remedy damage done by France’s 30 year nuclear testing program in the islands constitutes another violation of Ma’ohi-Nui people’s right to benefit from their natural resources and to chart a course of economic development of their own design. Existing military installations and contaminated atolls continue to affect terrestrial and marine resources and contribute to ongoing food insecurity, in addition to debilitating health and environmental impacts.

● Self-determination standards oblige a much greater devolution of powers from France to Ma’ohi-Nui/French Polynesia and the strict non-alienation of Ma’ohi-Nui people
from their natural resources.

Thank You, Madam Chair.

"SHAM FRENCH NUCLEAR COMPENSATION SCHEME" LIMITING COMPENSATION FOR POLYNESIANS EXPOSED AT U.N. HEARING

Statement to Special Committee on Decolonization (C-24)

Mr. Philippe NEUFFER Attorney at Law in Tahiti 

United Nations 

New York, N.Y. 

27th June 2019

Madam Chair, 

Distinguished Members of the Special Committee, 

One of the most egregious acts perpetuated on mankind has been the testing of nuclear weapons in spite of the known human cost, and the challenges to just compensation and reparation for the veterans and for their widows and children.

 The aftermath of 30 years of French nuclear testing in our homeland continues to plague our people, victims of 193 atmospheric and underground nuclear tests from 1966 to 1997. This was equivalent to 720 Hiroshima bombs in our atmosphere, and 210 underground. 

It has been 20 years since the final nuclear testing came to an end in 1996, and the moral and practical recognition of the health and social consequences of the testing which have been confirmed as inter-generational, remain a major challenge to the health and well being of our people. 

The current mishandling of the nuclear waste generated by these tests is a lingering danger of monumental proportions for Maohi Nui/French Polynesia and the entire Pacific region.

 The General Assembly has adopted a series of resolutions since 2013 "recognizing the significant health and environmental impacts of this nuclear testing” conducted by the administering Power in my country over this period. The resolutions further recognized the consequences of those activities on the lives and health of the people, especially children and vulnerable groups, as well as the environment of the entire Pacific region. The General Assembly resolutions have also made the natural linkage between the aftermath of the French nuclear testing in our region and the work of the U.N. Scientific Committee on the Effects of Atomic Radiation. 

The resolutions also take note of the two reports of the Secretary-General on the environmental, ecological, health and other impacts of the testing, and have requested the Secretary-General to provide continuous updates on the impacts of the testing. 

Interestingly, the French had devised a compensation scheme in 2010 containing a clause suggesting that the nuclear tests were of "negligible risk." This resulted in only a handful of approvals for compensation from hundreds of claims made by our people - despite disproportionate rates of thyroid cancer and leukemia with overall cancer rates over 30 per cent higher than average. 

Because of extensive public outrage in our community over this sham compensation scheme, the French National Assembly voted in February 2017 to remove the element of "negligible risk" but by the end of 2018, "negligible exposure" was re-inserted in the programme by way of an amendment to a budgetary rider in the 2019 French Finance Act establishing a "criterion of non-accountability" - "negligible risk" by different form.

 It is highly disappointing for us that such important developments are not referenced in the U.N. resolution on French Polynesia, and important conclusions from existing U.N. research were omitted from the two previous Secretary-General reports. And it is highly deceiving for the people of Maohi Nui that the wives and the children of veterans of French nuclear tests still are not recognized as direct victims, and don’t have the compensation they deserve. 

Thank You, Madam Chair.

FRANCE HAS VIOLATED THE U.N. CHARTER FOR SIX YEARS SINCE THE RE-INSCRIPTION OF POLYNESIA ON THE U.N. COLONIES LIST

Statement to Special Committee on Decolonization (C-24)

Mr. Richard Ariihau TUHEIAVA

Elected Member of the Assembly of French Polynesia

United Nations, New York, N.Y.

27th June 2019

Madam Chair,

Distinguished Members of the Special Committee,

I have the honour to address you in my capacity as an elected member of the House of Assembly of Ma’ohi-Nui/French Polynesia from the Tavini Huiraatira party.

Since the adoption of Resolution 67/265 of 17 March 2013, the General Assembly has adopted seven resolutions on Ma’ohi-Nui/French Polynesia calling for specific actions to be undertaken in furtherance of our decolonization process. These resolutions have recognized the inalienable right of our people to self-determination and independence, and have reaffirmed that Ma’ohi-Nui/French Polynesia remains a non self-governing territory within the meaning of the United Nations Charter.

The General Assembly also adopts its annual resolution on the implementation of this Decolonization Declaration which is applicable to all territories, including Ma’ohi-Nui/French Polynesia, which have not achieved a full measure of self-government. The Assembly adopted these resolutions on the self-determination and independence of our territory on the basis of careful review and assessment of the actual dependency relationship which existed in 2012, and which informed its consensus adoption of its resolution 67/265 of 17 March 2013. 

The political status of Ma’ohi-Nui/French Polynesia has not changed since 2013 despite cosmetic adjustments to the so-called Autonomy Statute made unilaterally by France in 2019 as an attempt to avoid a true self-determination process.

Madam Chair,

Accordingly, the General Assembly is consistently clear that Ma’ohi-Nui/French Polynesia “remains a non self-governing territory within the meaning of the (U.N.) Charter” and this should remain our point of departure. What must follow now are the ways and means to implement this General Assembly decolonization mandate through the actions adopted in its resolutions.

Continued violation by the administering Power of Article 73 of the U.N. Charter in withholding its cooperation with the U.N. on our territory can no longer be used as an excuse or rationalization for not implementing this mandate. On this point, this Committee may wish to consider strengthening its repeated language in resolutions which only politely expresses "regret that the administering Power has not responded to the request to submit information on French Polynesia under Article 73(e) of the U.N. Charter."

In fact, it is not a mere request. It is an international legal obligation that is being violated. The resolution on the question of Ma’ohi Nui/French Polynesia should reflect this noncompliance for what it is - a violation of the Charter which should be condemned, as in the
same language of General Resolution 1699(XVI) of 19 December 1961 on similar violations.

Since the re-inscription in 2013, a work programme for Ma’ohi-Nui/French Polynesia has been requested repeatedly, and included in the resolution on such territory. I wish to state again that this is the recognized approach to initiate the self-determination process. The outline of a work programme for Ma’ohi-Nui/French Polynesia has been drafted to update the procedure adopted by the General Assembly in its Resolution 57/91 of 6 December 1999, and
can be provided at the appropriate time.

This updated outline is divided into five phases beginning with

1) an in-depth examination of the intricacies of the dependency relationship between the territory and the administering Power, proceeding with 2) an extensive public education programme in the

territory with 3) a subsequent C-24 visiting mission, followed by 4) an act of self-determination to select a choice from the legitimate political status options. The 5th step phase concludes with the
transition to the full measure of self-government. 

The entire process would involve the participation of the relevant U.N. institutions.

Madam Chair,

This committee in its 2018 resolution on Ma’ohi-Nui/French Polynesia inexplicably recommended to the Fourth Committee the deletion of the entire operative paragraph that would have requested the Secretary-General to “provide continuous updates to his report on the environmental, ecological, health and other impacts of the 30-year period of nuclear testing in French Polynesia”. Our pleas to the C-24 and Fourth Committee that the language be restored could not be honored in 2018, but promises were made that the issue would be addressed this year.

We are very pleased that these promises were honoured and the language has been restored in this year’s draft resolution. We strongly request that the Committee ensures that the “continuous updates” requested of the Secretary-General in the resolution are far more extensive than the two previous reports. 

In this connection, I would humbly urge the researchers for the Secretary-General’s report to avail themselves of a broader range of information available in the public domain to include such documents as the 2014 Independent Report on “The French Nuclear Testing in French Polynesia” prepared by renowned scientists, or the compliant of the Tavini Huiraatira Party that was submitted to the Office of the Prosecutor of the International Criminal Court (ICC) last 2 October 2018. 

Thank You, Madam Chair.

BRITISH DEPENDENCIES RESIST U.K. POLICY OF UNILATERAL POWER

British Overseas Territories Demand Self Rule

St. Kitts & Nevis Observer

Britain’s Overseas Territories say they will “stand together” to defend their right to self-government amid increasing concerns over “constitutional overreach” from the UK.

Any attempts to enforce legislation from Westminster on issues ranging from same-sex marriage to ‘belongership’ and financial services regulation will be strongly resisted, according to leaders of several territories, following talks in Grand Cayman this week.

Despite the disparate concerns of the various territories, leaders from the Falklands to Bermuda were united in their opposition to the UK dictating policy from thousands of miles away.

A UK law seeking to impose public registers of beneficial ownership on Britain’s territories – seen as a threat to the financial services industry – is a key concern for several islands.

“Modern-day colonialism is what is being attempted by those persons is Westminster, and I am certain that all Overseas Territories will resist it vociferously,” Bermuda Premier David Burt said at a press conference following the summit at the Kimpton Seafire Hotel on Wednesday.

Several other leaders expressed similar concerns, and insisted the pressure from the UK on various issues is helping them to forge closer bonds as they seek to resist what they see as constitutional overreach from the mother country.

“I see a beacon of hope with our team here, because we all realise that divided we fall, united we stand,” said Andrew Fahie, premier of the British Virgin Islands.

A recent report from a Foreign Affairs Select Committee, which included a number of suggestions including recommendations that the UK government force its territories to adopt same-sex marriage legislation and open discussions on allowing resident UK citizens to vote and stand for election, is also stoking controversy.

Though the current British government says it has no plans to follow through on the report’s recommendations, the uncertainty and instability in UK politics amid a Conservative party leadership battle, division over Brexit and the possibility of a general election, is fuelling concern.

Burt said it was possible that the report’s recommendations could gain traction in a new government, and highlighted the possibility that some of its authors could be part of a future government.

“It is sad to see persons who don’t have a familiarity [with the various islands] reverting to a position we thought was long gone, where Westminster feels able to dictate to the Overseas Territories,” he added.

Albert Isola, Gibraltar’s minister for commerce, said the specifics of the issues at stake were largely irrelevant. He said it was “anti-democratic” of the UK to attempt to make laws for its territories on issues that were the responsibility of the elected governments.

“There is no way today we can accept modern colonialism through the back door by allowing these things to happen. On that, as has been demonstrated today, we are all 100 percent on the same page,” he said.

The report caused ripples as far away as the Falklands. Teslyn Barkman, a legislator from the islands, off the coast of Argentina, said it was omitted entirely from the report, but could be faced with the impact of its findings.

She said the recommendation that UK citizens be given the right to vote and run for office in the territories was the most controversial.

“You are talking about giving UK citizens the right to vote in a population of 3,000. You could very quickly have a population of UK citizens who don’t know the territory’s needs or priorities, or care about the long-term viability of the economy.”

Sharlene Cartwright-Robinson, of the Turks and Caicos, said she expected pressure from the UK, particularly over voting rights and same-sex marriage, would continue.

“It is a matter of constitutional overreach, and respecting territories rights to choose how they want to govern, how they want to grow their countries, who they want to run in their elections and certainly their culture and religious beliefs,” she said.

Montserrat Premier Donaldson Romeo said the UK clearly understood the democratic values at stake, because they were fighting for autonomy from the European Union on the basis of the same principles.

“We have just the same right as they have and we need to insist on our right to self determination, and our people need to support us in this regard.”

He urged the leaders around the table to remain united on issues, even when they only affected a handful of islands, and vowed to offer Montserrat’s support to others on issues, like financial services, which do not directly affect the island.

“We have a saying in Montserrat, ‘today for you, tomorrow for me’. I am counting on us to stand together,” he said.

FRENCH POLYNESIA CHURCH PRESIDENT TELLS U.N. OF IMPACTS OF "FRENCH COLONIAL NUCLEAR PROGRAMME" ON THE PEOPLE

Reverend Taaroarii Maraea 

President of the Ma’ohi Protestant Church

Statement to Special Committee on Decolonization

United Nations, New York, N.Y. 

28th June 2019

Madam Chair,

Distinguished Members of the Special Committee,

I have the honour to address you in my capacity as President of the Ma’ohi Protestant Church. I wish to express my deepest gratitude for allowing myself to speak before this
Committee on the question of Ma’ohi-Nui/French Polynesia.

I wish to draw the attention of the Committee to the communication submitted in early October 2018 to the Office of the Prosecutor of the International Criminal Court (ICC) in
The Hague, Netherlands, and a second communication submitted on 30 October 2018 to the Special Rapporteur on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes, in Geneva, Switzerland, both in relation to the 30 years of French nuclear testing in our territory.

In this regard, the International Law Commission is to be commended for its ongoing work on the draft articles on crimes against humanity. This work is especially important in
giving further clarity to what constitutes such a crime and the requisite recompense.

I take note that the 2019 Working Paper on Ma’ohi-Nui/French Polynesia makes only a short reference to both ICC and Human Rights Committee complaints while the draft resolution on Ma’ohi-Nui/French Polynesia omits any reference to it altogether.

We continue to pose the question as to why these developments are not worthy of U.N. consideration, or whether there is undue pressure exerted by the administering Power behind the scenes to censor such references. Nevertheless, our people will continue to monitor how the U.N. deals with these stealth diplomacy tactics in future.

To this end, I recall that as a presidential candidate, Emmanuel Macron stated that:

“Colonization is a crime. It’s a crime against humanity. It’s truly barbarous and it’s part of a past that we need to confront by apologizing to those against whom we committed these acts... At the same time, we must not sweep this past under the rug…"

We hold the now-French President to this commitment. However, the actions of a U.N. member State and P-5 member - is that of a contemporary colonial power utterly dismissive of Article 73 of the U.N. Charter, reflecting the opposite of his earlier lofty words. It is, in fact, doing its best to "sweep the issue under the rug" by seeking to persecute those who have stood bravely in the face of the colonial power.

This was one of the motives of the Ma’ohi Protestant Church for submitting an official communication to the relevant U.N. Special Rapporteur to the Human Rights Committee.

Recently, the Administering Power monitored a revision process of the bilateral Organic Law regarding Ma’ohi-Nui/French Polynesia within its Parliament in Paris. As a matter of fact, the new preambular paragraph of such Organic Law now reflects a so-called “positive contribution” provided by the territory of Ma’ohi-Nui/French Polynesia in favour of the colonial nuclear programme implemented by France.

This provocative language currently being adopted by the French Parliament is an outrageous “mis-interpretation” of the painful history and the sufferings that the Ma’ohi People
went through without its consent.

The Ma’ohi Protestant Church is nevertheless extremely pleased that the Committee resolution this year has restored an amended version of the paragraph in its 2019 resolution on our territory, and we strongly request that the committee ensures that the "continuous updates" requested of the Secretary-General in the resolution are far more extensive than the two previous reports.

Thank You, Madam Chair.

UNITED KINGDOM FLAUNTS INTERNATIONAL RULE OF LAW AFTER INTERNATIONAL COURT OF JUSTICE DECISION ON CHAGOS

Chagos Islands: UK refusal to hand back archipelago disregards international law and echoes era of colonialism

Elena Katselli, Senior Lecturer in Law

 Newcastle University

The Conversation

A nation’s military and geo-strategic interests cannot, under international law, prevail over the sovereign rights of other states. State sovereignty, self-determination and decolonisation are fundamental legal principles the UK should honour as it refuses, despite widespread international condemnation, to hand back control of the Chagos Islands in the Indian Ocean.

Indeed, Britain’s expressed policy that it will protect its interests at any cost, even at the expense of international law and fundamental human rights, has unwelcome echoes of colonialism and discrimination that should have no place in the 21st century.

On May 22, a UN General Assembly resolution calling for the complete decolonisation of Mauritius by ending the UK’s administration over the islands was voted for by 116 nations. Only six – the US, Hungary, Israel, Australia, the Maldives and the UK – voted against it, with 56 abstaining.

Wamytan elected as New Caledonia Congress president

RNZ PACIFIC/PACNEWS The pro-independence politician Roch Wamytan has been elected as the president of New Caledonia's Congress. Wamytan of the Caledonian Union secured 29 of the 54 votes after getting the backing of the three members of the new Pacific Awakening party. He defeated Magali Manuhoalalo of the anti-independence Caledonia Together party who won 25 votes. Pacific Awakening was tallied as being part of the anti-independence bloc after the provincial elections 12 days ago. However, the party, which represents mainly ethnic Wallisians and Futunians, decided to endorse Wamytan over Manuhoalalo, who is also an ethnic Wallisian. The Congress vote has gone against this week's deal struck within the anti-independence camp which had earmarked the Congress presidency for Philippe Michel. This was agreed after the big winner of the provincial election, Sonia Backes of the Future with Confidence, assumed the presidency of the southern province. The deal also provides for the presidency of the collegial government to go to Future with Confidence.

A New UN Permanent Forum on People of African Descent Advances

US HUMAN RIGHTS NETWORK

May 24, 2019

A multi-stakeholder consultation on the modalities, format and substantive and procedural aspects of the new United Nations Permanent Forum on People of African Descent took place at Palais des Nations in Geneva, Switzerland on May 10, 2019. The meeting provided an opportunity for civil society organizations and other interested stakeholders from around the world to present their views on the new Forum.

Prior to the consultation, an International Coalition of PAD leaders and organizations developed a Consensus Proposal on the Permanent Forum which was presented to the Office of the High Commissioner for Human Rights. The proposal was signed by 118 NGOs from across Europe, Latin America, the Caribbean, the Indian Ocean, and North America. The US Human Rights Network was among the lead organizations that contributed to the development of the proposal and supported its submission.

During the consultation, USHRN Board Member and co-founder of Black Voters Matter LaTosha Brown took the floor to support the submission of the proposal and comment on the process. A number of civil society statements made during the consultation highlighted the need for the new forum to be democratic and empowering to people of African descent. Additionally, several interventions focused on the critical issue of inclusivity of all interested stakeholders, whether or not they hold NGO consultative status with the UN Economic and Social Council (ECOSOC) or not. A vote on the Permanent Forum for People of African Descent will take place in June 2019.

Read the civil society submission here

_______________________________________________________________

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GUAM DECOLONIZATION DIRECTOR ADDRESSES U.N. SEMINAR

Testimony of Melvin Won Pat Borja (Guam)

Executive Director - Commission on Decolonization

2019 United Nations Regional Seminar

St. George, Grenada

May 2-4, 2019

"We look forward to building strong relationships with both the United Nations and our Administering Power to forge ahead on our path to restorative justice and the true liberation of Guåhan and her people."

__________________________

Håfa Adai Your Excellency Chairman of the committee, distinguished delegates, and representatives from our fellow non-self governing territories. Guåhu si Melvin Won Pat-Borja.  I am the Executive Director of the Guam Commission on Decolonization, I represent the Honorable Lou Leon Guerrero, i Maga’hågan Guåhan.

Today I will be providing updates on decolonization efforts in Guam and I will discuss some critical issues that impact our ability to move forward efficiently in this process.

In 2011, a retired U.S. Military captain sued the Government of Guam after his unsuccessful attempt to register as a voter in Guam’s decolonization plebiscite as he did not meet the “native inhabitant” requirement. The Chief United States District Judge ruled that Guam’s Plebiscite Law was unconstitutional and discriminated against the plaintiff and his civil rights as a U.S. citizen.  My colleague, Dr. Michael Lujan Bevaqua, eloquently elaborated in his discussion paper for the 2017 Regional Seminar, “a process of decolonization that must follow the rules of the colonizer is not decolonization: it is an extension of colonization.”

Although the voter eligibility case is being appealed to the 9th Circuit Court, the implications of this case are divisive and counterproductive to the nature and essence of the UN Charter and Resolution 1514.  Regardless of the outcome, the case can be appealed to the U.S. Supreme Court - a scenario that exhibits the reality in which the United States Judicial system is utilized to influence the terms of our decolonization and ultimately dictate the outcome.

In September of 2017, the U.S. Federal Government sued the Government of Guam for implementing a local law which created the CHamoru Land Trust Commission (CLTC).  The Federal Government contends that the local program is racially discriminatory and therefore violates the Federal Fair Housing Act.  Similar to the voter eligibility case, this suit against the CLTC is yet another example of our Administering Power’s use of its federal system to impede our progress toward native inhabitant recognition and decolonization.

In December of 2018, a federal judge ruled that at this time, the US Government failed to prove that the CLTC amounts to a racially discriminatory policy. This ruling was a victory - but how many more hoops must we jump through for the U.S. to honor its commitment under the Treaty of Paris to help advance the civil rights and political status of the people of Guam?  Why must we constantly justify and defend the validity of this fundamental human right?

The  aforementioned cases serve as reminders that Guam is a spoil of war, its people remain colonized, and that their self-determination is not prioritized by the U.S..   Worse is that laws passed by a legislative body, elected at large, are cast as racial with no recognition or critical examination of the racism inherent in our continued colonization.  In fact, many indigenous and native inhabitants  on Guam have a strong sense of patriotism and loyalty to the U.S. despite this history. No amount of patriotism, however, should warrant a blind eye to the inequity of our current unincorporated territory status.

Guam believes that self-determination must reflect the international community’s recognition that decolonization is realized through a choice for; 1) Independence, 2) Integration, or 3) Free Association.  Further, we believe upholding the Treaty of Paris means to respect the local law defining native inhabitant as an individual and their descendants who gained U.S. citizenship resulting from the enactment of the 1950 Organic Act of Guam, which is ironically a federal law.

Guam is eager and willing to pursue decolonization and to proclaim our political desires to the international community.  We believe, like the majority of you here, that a decolonization process which adheres to the norms and expectations of the international community is the road that should be traveled.

With the election of Guam’s first woman Governor, along with her commitment to Guam’s decolonization, we believe that our journey has been reinvigorated.  Add to this, that each branch of our republican form of government; the executive, legislative, and judicial, are led by women. This is not only a historical achievement for Guam, but a first for any State or Territory in the history of the United States.  We are actively engaging our government, and our political leadership is a manifestation of our desire to address the inequities of our current situation and political status.

Given the theme of this year’s Regional Seminar, the United Nations and Guam’s Administering Power can assist in this endeavor by supporting our efforts to educate all members of our community.  We are not blind that choices made for our island’s future will have an effect on anyone who has made Guam their home. Thus, all should understand the opportunities and challenges that lay ahead of us.  Because of this, Guam is making a concerted effort to launch a sustained political status education campaign.

This year, the Commission on Decolonization will reignite its plans to conduct a Self-Determination Study, host a Regional Self-Determination Conference, and launch a Media Education Campaign. The Commission is able to fund these projects through the generosity of the Department of the Interior; they are the principal advocates and champions for U.S. territories in our relations with the federal government and we are committed to building deeper understanding between us in order to see this through.

The Self-Determination Study will be compiled in collaboration with the University of Guam and will assess Guam’s current political status and paint an accurate political portrait of the level of self-governance on Guam under the Status Quo.  Further, it will analyze the three recognized political statuses to predict how each would impact various aspects of life on Guam to include the economy, trade, social services, education, defense, international relations, and others. The Self-Determination Study stands to be one of our most powerful tools to educate our community because it will answer many of the common questions and concerns of our people.  

The Self-Determination Regional Conference will welcome regional leaders and decolonization experts to promote community conversation around the topic of decolonization.  It will draw on the experiences and knowledge of other communities who have embarked on similar quests for decolonization. The conference will be open to the public and will be televised.

The Media Education Campaign will focus on developing educational content for mass media and social media distribution.  We are working with the Public Broadcasting Station and the University of Guam to create a marketing plan that will leverage the educational content and allow us to engage with a large audience.  These materials will also be repurposed for traditional educational texts.

There is a clear need for more resources if we are to conduct a sustained comprehensive and effective educational campaign on Guam.  Our challenges are vast and we are working against over 450 years of colonial conditioning. However, we are a resilient and determined people.  We will continue to be unrelenting to achieve our fundamental and basic human right to make a choice.  

We urge the United Nations to uphold its annual commitment to support our cause and extend assistance to our efforts to educate our island and we invite and welcome a visiting mission to Guam to bear witness to 454 years of uninterrupted colonization by both Spain and the United States.  We also invite our Administering Power to join us in reaffirming the principle that governments derive their just powers only from the consent of the governed.

We look forward to building strong relationships with both the United Nations and our Administering Power to forge ahead on our path to restorative justice and the true liberation of Guåhan and her people.

Saina ma’åse for your time and the opportunity to speak before the committee.

BONAIRE CIVIC LEADER CHALLENGES NETHERLANDS DENIAL OF SELF-DETERMINATION TO THE DUTCH COLONIES IN THE CARIBBEAN

"Both islands (Sint Eustatius and Bonaire) in their respective referendum of 2014 and 2015 rejected this illegally imposed colonial status, and both island parliaments as representation of their peoples ratified these as legal democratic decisions of the peoples."  

  

- James Finies, President of  Foundation We Want Bonaire Back 

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Letter  

To:                       State-Secretary of Kingdom Relations Mr. Raymond Knops
                            2500 EA The Hague, The Netherlands

       
From:                  James Finies, President of  Foundation We Want Bonaire Back

Date:                   May 14, 2019

Subject: autonomy or self-governance is not a choice- it is the most fundamental inalienable right of the peoples 

Honorable Mr Knops,

We took note of your recent press media communications that you don't see the BES-islands, Bonaire, Saba and Sint Eustatius in the future as autonomous self-governing islands. Reason given that they are too small. I would like to remind you that Bonaire is a nation and according to UN General Assembly resolution 1514 (XV) of December 14, 1960; - “that inadequacy of political, economic, social or educational preparedness should never serve as pretext for delaying our fundamental inalienable right to self-governance”

Further on, you declared that your undemocratic intervention, coup d'etat, overthrowing the legitimate democratic elected government in Sint Eustatius in February 2018, had a disciplinary effect on the Bonaire government, as your recent visit to Bonaire, the government spoke much more friendly. This is evident as the leaders of government of Bonaire, both commissioners Mr Tjin-Asjoe and Mrs Den Heijer, with their subservient vision, publicly voiced, that “we cannot eat bread with autonomy”. 

Firstly we recognize and respect your right of expression so you may have a personal opinion on our current illegal state-structure. However we herewith want to bring to your attention that neither you nor your government and your Bonaire friendly local government possess any legal rights nor power to deny the peoples of Bonaire and the other BES-islands, principally Sint Eustatius,  the right to self-determination and self-governance. Both islands in their respective referendum of 2014 and 2015 rejected this illegally imposed colonial status and both island parliaments as representation of their peoples ratified these as legal democratic decisions of the peoples. 

Instead of assisting our islands in enhancing their autonomy, your government, a member of the UN Security Council, has limited the development towards more autonomy and now declares that we will never regain back our autonomy. This constitutes a grave violation of the Charter of the Kingdom based on the agreements signed with the United Nations Organization in 1954. Your government continued irresponsible and undemocratic decisions and actions have caused a setback in the governing of the islands which has led to a re-colonization that violates the Charter of the United Nations especially Article 73 Chapter XI, Article 103 Chapter XVI, and resolutions 742, 747, 945, 1514 and 1541, all of which address the sacred rights of the Peoples of Bonaire and Sint Eustatius. 

Our mutual colonial history, which you voiced to me personally that you don't know and don't care of, is a very dark one, with your government legalizing crimes and inhumanity, your laws to piracy, smuggling (drugs), slave-trading, making you the worlds history cruelest colonizers. We may have expected you with time to have grown out of this horrific barbaric culture, to civilize, but your recent declarations exposed your truth again, that nothing changed throughout the centuries, and you have put a suit over the plunderer of the defenseless Bonaire peoples. 

Our response is by quoting Ghandi: “ that throughout history the way of truth has always won. There have been tyrants and murderers, and for a time, they seem invincible, but in the end , they always fall”.

We the peoples of Bonaire maintain our hopes high that “we shall overcome” and you shall respect, protect and comply with our inherited and acquired rights. We possess the same rights as you, to be as free and as equal and as human as yourself and all European-Dutch citizens of the Kingdom. We urge the international community to be aware of this illegal colonial status where our peoples find themselves in.

Respectfully yours, James Finies 

President 

Foundation We Want Bonaire Back

VIRGIN ISLANDS PREMIER ADDRESSES U.N. DECOLONISATION SEMINAR

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The BVI Beacon

Premier attends decolonisation seminar

Premier Andrew Fahie traveled to Georgetown, Grenada from May 2-4 to meet with other regional leaders about the political status of the Virgin Islands and 16 other “non-independent countries” at a United Nations Caribbean regional seminar on decolonisation.

Mr. Fahie was the first VI head of government to attend the annual seminar, which examines issues of self-determination in the remaining period of the UN’s Third International Decade for the Eradication of Colonialism (2011-2020), according to Government Information Services. In his remarks, he called for the VI to look beyond its relationship with the United Kingdom.

“Our relationship requires the international accountability that is provided for by the UN decolonisation framework,” he said. “This Caribbean regional seminar is an integral part of that process.”

READ THE FULL REPORT IN The BVI Beacon|.

LACK OF INFORMATION, NOT LACK OF DESIRE, IMPEDES SELF-DETERMINATION PROCESS - VIRGIN ISLANDS ATTORNEY

A PRAGMATIC LOOK AT THE WAY FORWARD FOR NON-SELF-GOVERNING TERRITORIES AT THE END OF THE THIRD INTERNATIONAL DECADE FOR THE ERADICATION OF COLONIALISM

 

Statement of Judith L. Bourne, Esq. 

to the Caribbean Regional of the United Nations Special Committee on Decolonization 

2 - 4 May 2019 

St. George’s, Grenada 

Ms. Chair, 

I thank the Special Committee for this opportunity to present my views on this most important matter which impacts my home of the US Virgin Islands as well as the mostly small island dependencies on the list of Non-Self-Governing Territories. 

I also thank the government and people of Grenada, for the gracious Caribbean hospitality that they have extended to me and to all of the participants at this seminar. 

The theme of this seminar contains three significant concepts - accelerating decolonization, renewed commitment and pragmatic measures. I will focus on these three concepts as they relate to the NSGTs that are not the subject of sovereignty disputes, which require a different analysis.

ACCELERATING DECOLONIZATION 

In this 29th year of a specific focus by the UN on the eradication of colonialism, the penultimate year of the Third International Decade for the Eradication of Colonialism, why are we talking about increasing the speed of this process? 

We do so because within this almost generation and a half, there has been one territory decolonized and one territory returned to the jurisdiction of the Committee on the recognition that it has not been effectively decolonized, leaving a grand total of zero percent change in the number of NSGTs. 

To be perhaps uncomfortably frank, if Administering Powers felt that it was in their interest to encourage self-determination in the NSGTs that they administer, we would be in an entirely different situation.

RENEWED COMMITMENT 

An initial examination of this concept calls for immediate clarification: a renewed commitment to what by whom? I maintain that the only correct response is a renewed commitment to the actualization of the right of self-determination as set forth in U.N. Resolutions 1514(XV) and 1541(XV). 

Commitment to anything not rooted in these first principles encourages the erosion of the distinction between principles and ideals. And the commitment is not simply that of this Committee, but that of the UN as a whole. The responsibility for decolonization was recognized as that of the international community and was accepted by its foremost organization, the United Nations, which simply delegated to this committee the authority to directly oversee the process. 

PRAGMATIC MEASURES

The invocation of pragmatism is both encouraging and worrying. Encouraging because it is almost invariably useful to base courses of action on reality. Worrying because the call for “pragmatic measures” implies that there has been a focus on some idealized path and that we now need to deal with the ‘real world’. 

As the original of the UN document setting the theme and agenda of this seminar is in English, I have looked at the meaning of the word “pragmatic” in what I believe to be the leading dictionaries of the UK and the USA, which have been described as two countries divided by a common language. The OED gives the meaning as “Dealing with things sensibly and realistically in a way that is based on practical rather than theoretical considerations”. Miriam Webster defines it as “relating to matters of fact or practical affairs often to the exclusion of intellectual or artistic matters : practical as opposed to idealistic”. 

In fact, for the last 29 years, the Committee, as a political body composed of member states of the UN, has not seen itself as able to address the apparent fact that the major obstacles to decolonization are the nations who maintain the NSGTs as colonies - their fellow member states. This is neither surprising nor appalling; it is simply one of many implicit but normally unspoken facts of international relations. However, that reality should not, and must not, undercut or weaken the fundamental right to self-determination or seek to re-define it out of effective existence. 

Pragmatism calls for an examination of what factors would influence the Administering Powers to re-evaluate their interest in encouraging self-determination amongst their NSGTs. 

THE NEED FOR FOCUSED AND SUSTAINED PRESSURE BY THE PEOPLE OF THE NSGTS 

The early history of the successful decolonization of more than 80 territories, most of which are now member countries of the UN, was propelled by the expressed will of the colonized population. 

In February 1806, Frederic Tudor of Boston shipped a cargo of natural ice to Martinique believing that the people of that tropical island would welcome cool drinks and make him a fortune. What he did not realize was that, having no experience of ice-cooled anything, his potential customers had no interest in his ice, and it melted away unbought. 

Similarly, many of the people of the NSGTs, having little or no knowledge of the three self-determination options, or of how a choice might affect their lives or their futures, and demonstrate no generalized impulse towards self-determination. This should not be seen as a lack of desire, but as a lack of information. I described examples of the confusion caused by this lack of information in the U.S. Virgin Islands in my presentation at the 2017 Regional Seminar in St. Vincent, copies of which I have available, both on paper and electronically, for those who may desire to read it. 

What does this mean with respect to pragmatic measures? 

The first aspect of the reality that must be addressed is not to assume that the people of the NSGTs do not want significant changes in their status. The reality is that they do not have sufficient accurate information to even begin to think about what options exist and what those options might mean for them. 

The second aspect of this reality is that the Administering Powers that are not actively assisting their NSGTs in internationally recognized self-determination efforts are not likely to undertake such activities of their own volition. This is, of course, a politically sensitive assessment. 

Thirdly, and as a consequence of the first two conclusions, the pragmatic method to manifest a renewed commitment to the principle of self-determination and to decolonization, and to move that commitment forward, must be a process which directly addresses the need for education in the NSGTs, which includes providing them with more regular contact with the international community, which does not depend on action by the Administering Powers and which is in concord with resolutions adopted by the General Assembly. 

Fortunately, such measures have previously been set forth in detail in the “Plan of Implementation of the Decolonization Mandate 2006-2007" found in U.N. Document A/60/853; E/2006/75. This Plan of Implementation was presented by the then Chairman of this Special Committee, compiled and organized from the myriad of resolutions, statements and reports of the General Assembly, the Secretary-General, other U.N. bodies and this committee itself which speak to “innovative strategies [which] are necessary in order for the United Nations to fulfil its obligations to ensure the successful self-determination and subsequent decolonization of the remaining non self-governing territories through the assumption of a full measure of self-government.”[1] This Plan was welcomed and recognized as “important legislative authority” by the General Assembly in December 2006.[2]

While there may be differences of opinion about the causes of the lack of significant progress in the decolonization effort over the past 29 years, the theme of this seminar is evidence of a general agreement that such progress has not occurred. This more-than-a-decade-old plan remains sharply relevant and such commonly heard reasons for non-implementation as the lack of budgetary resources can be readily overcome by including the necessary resources in the budgetary process and advocating for their funding in accord with paragraph 20 of General Assembly resolution 73/123. 

I urge this seminar to exhort the Committee to go “back to the future”, to reach back to this well-grounded, well-developed Plan of Implementation that was endorsed by the General Assembly twelve years ago and to have its staff begin implementation as a matter of utmost urgency. 

Thank you.
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[1]Introduction to Plan of Implementation of the Decolonization Mandate 2006-07

[2]A/RES/61/130