Cruise Ships Visiting Puerto Rico, US Virgin Islands Must Comply with New emission rules

New emission rules to target ships in Puerto Rico, USVI



By DANICA COTO

SAN JUAN, Puerto Rico (AP) — Federal (U.S.) officials are looking to clear the air in two U.S. Caribbean territories by requiring cruise liners, tankers and other large ships in the region to reduce their emissions or face penalties.

The plan is to take effect in late 2013. It will target ships traveling in waters around Puerto Rico and the U.S. Virgin Islands, which have some of the busiest ports in the Caribbean, Judith Enck, regional administrator for the U.S. Environmental Protection Agency, said Wednesday.

The two islands * were initially excluded from a plan adopted earlier this year by a United Nations agency to control emissions from large ships that sail within 200 nautical miles of the U.S. and Canadian coasts, she said.

"There is a real problem with local pollution," Enck said.

The Port of San Juan in Puerto Rico sees more than 1 million cruise ship passengers every year, along with nearly 3,800 cargo ships laden with 11 million metric tons of goods. Some 800 cruise ships arrive every year in nearby St. Thomas, which is the largest cruise port in the U.S. Virgin Islands.

Under the plan, ships will have to use cleaner fuel or install special equipment to reduce air pollution. As a result, the EPA estimates sulfur dioxide and fine particles that are linked to asthma and cancer could be cut by roughly 90 percent within a decade. Many big ships outside the jurisdiction of the U.S. government often run on fuels with high sulfur levels.

Under the plan, which needs approval from the United Nations' London-based International Maritime Organization, EPA officials will randomly show up at ports to check whether ships are in compliance, Enck said.

The penalties have not yet been established, but impounding ships has been suggested as one option, said Elias Rodriguez, an EPA spokesman.

Shippers and cruise companies initially opposed the plan, saying it would be expensive and create arbitrary boundaries. Several cruise companies contacted Wednesday referred comment to the Cruise Lines International Association, which issued a statement saying it was committed to working with international environmental regulators. It also said cruise companies have taken several steps to reduce emissions by their ships, including operating diesel electric engines.

The EPA estimates the plan will increase the price of a cruise and the cost of transporting a 20-foot (6-meter) container by less than 1 percent.

* The US Virgin Islands is comprised of three islands, St. Croix, St. Thomas and St. John).

International Governance Expert Discusses Changes in Northern Marianas Covenant

'It's always good to assess NMI political status periodically'

By Haidee V. Eugenio
Reporter

A United Nations adviser and expert on political self-determination said yesterday it is always good for the CNMI, or any other insular area, to assess its political status periodically to take into consideration recent developments, including the federal takeover of local immigration.

However, despite the federal takeover of CNMI border control in 2009, Dr. Carlyle Corbin said the CNMI remains the most autonomous, self-governing of five U.S. territories.

“Just comparing the political relationship-and this is of course prior to the changes-that the model, as it was initiated, signed and adopted, was very autonomous and it provided for internal self-government, far greater than the rest of the other U.S. territories,” he told Saipan Tribune in a brief interview after his presentation before 12 local lawmakers on small island governance.

Among other things, the CNMI indigenous population still has full control of its lands as exemplified by the land alienation provision of its constitution.

“The CNMI is probably the most autonomous model of all of us,” he said, compared to American Samoa, the U.S. Virgin Islands, Puerto Rico and Guam.

American Samoa, he said, seems to be at the opposite end of the spectrum because the U.S. Department of the Interior has veto power over the territory, a statement echoed by Senate floor leader Pete P. Reyes (R-Saipan).

House minority leader Diego Benavente (R-Saipan) said the CNMI, in his opinion, may not be the most autonomous territory after the federal takeover of local immigration.

Corbin, an international adviser on global governance and former minister of state for external affairs of the U.S. Virgin Islands, said in his “observation,” it is about time the CNMI assess its political status.

“I guess it is time to look at it. It is not a recommendation but an observation. It's always good to assess periodically and I think in some cases even constitutions have a requirement to assess every five years or every 10 years. Assessment is always good,” he said in an interview.

Corbin has served as a United Nations expert on self-determination for over a decade, and as an independent expert for the UN Development Programme on U.S. missions to Bermuda and to the Turks and Caicos.

Rep. Stanley Torres (Ind-Saipan), who has been pushing for a re-examination of the U.S.-CNMI relations, particularly whether a “commonwealth” status is still desired by people under the terms of the original Covenant agreement, echoed Corbin's observations about the assessment of the islands' political status.

“I am not advocating for independence but I want the U.S. and the CNMI to come to the negotiating table and for the U.S. to fulfill its promise. To quote former justice Jesse Borja, the U.S. is supposed to provide the CNMI people with a standard of living comparable to that in the mainland,” said Torres, whose attempts since 1997 to create a Second Marianas Political Status Commission had always been rejected.

Sen. Jovita Taimanao (Ind-Rota) also said Corbin is right about the need to assess the islands' political status from time to time, “and to involve the younger generation in the discussion of the CNMI's future.”

Prior to meeting with lawmakers, Corbin also made a courtesy call on Gov. Benigno R. Fitial on Capital Hill yesterday.

Former Guam senator Dr. Hope Cristobal facilitated Corbin's visit to the CNMI after visiting Guam. Also accompanying Corbin and Cristobal yesterday to Saipan was attorney Julian Aguon.

Corbin is the author of two UN studies on the participation of non-independent countries in the UN system.

Cooperation Between Eastern Caribbean and French Overseas Territories Encouraged

BASSETERRE, ST. KITTS
(CUOPM) – 

Developing closer ties between member nations of the Organisation of Eastern Caribbean States (OECS) and the French Overseas Territories in the Caribbean was discussed in Paris, the French capital.

St. Kitts and Nevis Prime Minister and current Chairman of the OECS, Hon. Dr. Denzil L. Douglas discussed the strengthening of cooperative links in trade, vocational education and renewal energy with France’s Minister of Overseas Territories, Her Excellency Madame Marie-Luce Penchard.
The meeting described as “warm and productive” also focused on healthcare, university exchanges and prospect of securing financing from the European Development Fund (EDF).

Madame Penchard, in conformity with the outcome of Council of Ministers of Overseas Territories also raised the possibility of involving the French Caribbean and Guianese regional authorities toward participation in future meetings of the OECS and CARICOM, a point that was particularly well received by Prime Minister Douglas.

During the talks, Prime Minister Douglas underlined the importance of these links in his capacity as Chairman of the OECS. “We ardently wish to develop cooperation between the French territories and our community in the Caribbean,” said Dr. Douglas.

Governance Expert to speak at University of Guam

Will discuss recent developments in small island governance

 The University of Guam will host Dr. Carlyle Corbin, International Advisor on Governance and Multilateral Diplomacy, who is visiting Guam from the sister territory of the Virgin Islands for a series of lectures and colloquia. He will deliver a featured address at the University of Guam CLASS Lecture Hall on November 30 at 6:00 pm. The topic of his university address is "Recent Developments in Small Island Governance: Implications for the Self-Determination Process."

The event is free and open to the public, and  is sponsored by the University of Guam Division of Social Work and the Guåhan Coalition for Peace and Justice.

Corbin is the former Representative for External Affairs in the Government of the US Virgin Islands, and has lectured widely on political and constitutional advancement. He is the author of three books and numerous scholarly articles on governance and political development with specific focus on non-independent countries.
 
He has served as an advisor to several Caribbean territorial governments, and presently is the international advisor to the Fifth Constitutional Convention of the US Virgin Islands. He has been an expert on self-determination and decolonisation for United Nations Caribbean and Pacific regional seminars for over a decade, and has served as the independent expert to United Nations missions to several non self-governing territories.
 
He presently serves as the Executive Secretary of the Council of Presidents of the United Nations General Assembly.

Puerto Rico Tax Cuts Proposed

Governor Fortuño files balance of sweeping tax reform

By : John Marino Caribbean Business
marino@caribbeanbusinesspr.com

Gov. Luis Fortuño announced Monday that the second and final phase of his proposed tax reform aimed at providing relief to all Puerto Ricans was filed with the Legislature. The reform will provide on average $1.2 billion in taxpayer relief every year for each of the next six years, which constitutes the largest tax relief granted in Puerto Rico history, he added.

“Today we responsibly comply with the pledge we made to all Puerto Rican workers: the most sweeping, equitable and just tax reform every adopted in Puerto Rico,” the governor said. “This reform is based on our commitment to bring relief to Puerto Ricans through just tax rates and control of government spending that will be the formula for our economic development.”

The highlights of the reform, which will phase in the reduced tax rates over the six-year period, include:

— A zero tax rate for those who earn less $20,000 annually.

— A 7 percent rate for those who earn from $20,000 to $30,000.

— A 14 percent rate for those who earn from $30,000 to $70,000.

— A 25 percent rate for those who earn more than $125,000.

— A reduction in the maximum tax rate for businesses to 30 percent from 39 percent.

— An increase to $600 from $300 in the maximum earned income tax credit and an increase to $35,000 from $20,000 in the income cap to be eligible for the program. This will benefit 217,000 additional taxpayers.

— A $400 tax credit for people 65 and older with income under $15,000 annually.

— A deduction of up to 100 percent for charitable donations, up to a limit of 50 percent of adjusted gross income.

The governor also touted the reform’s simplifying of the tax code, reducing to three from five the different taxpayer classifications and eliminating all deductions, except for mortgage interest, charitable donations, medical costs, student loan interest and contributions to retirement or education funds.

The tax reform will mean an average annual savings of $1,500 per taxpayer, with average individual tax rates cut 50 percent and business tax rates 30 percent. It also provides incentives for work and is geared toward economic development and the creation of jobs, Fortuño said.

“History has taught us that a dollar in the hands of Puerto Ricans goes much further than a dollar in the hands of the government,” the governor said. “By putting more money into the pockets of our workers, we are recognizing the fact that they — and not the government — have the power to determine what is best for themselves and their loved ones.”

'We Are Guahan' Joins lawsuit Against Military Build-up

Almost one year exactly after the release of the Draft Environmental Impact Statement, We Are Guåhan has joined the Guam Preservation Trust and National Trust for Historic Preservation in a lawsuit against DoD (U.S. Department of Defence).

http://weareguahan.com/2010/11/19/we-are-guahan-joins-lawsuit-against-dod/

. This lawsuit is about Pågat, but it is not just about Pågat. This lawsuit is also about DoD deciding that “operational efficiency” was more important than the requests of our Legislature, our Governor, our Congresswoman and our community. In the name of military convenience, DoD has broken promises and, as will be shown in this lawsuit, it has broken the law.
 
How can we expect DoD to voluntarily help us pay for the 9 new schools and 500 additional hospital beds that will be needed outside the fence when a lawsuit is required to force DoD to follow the law?
 
To be clear, this lawsuit is about protecting Pågat, a site that has great cultural and historical significance to our island. But to be equally as clear, We Are Guåhan has and will continue to oppose the buildup as proposed. We are here, and we will use every tool that is available to us to protect our home, including legal action.


See also:  "Guam Preservation Trust and We Are Guahan, joined by the National Trust for Historic Preservation, Files Complaint for Injunctive and Declaratory Relief"

Lawsuit Calls for New Elections in Guam

*****

Gutierrez Files Lawsuit Seeking to Overturn Results of 2010 Gubernatorial Election

Written by Kevin Kerrigan
PNC Pacific News Center
Guam News

Guam - Lawyers for the Gutierrez-Aguon Gubernatorial Campaign this afternoon [Friday] filed a lawsuits in District Court seeking to overturn the results of the 2010 Gubernatorial Election that has already been certified in favor of the rival Republican team of Calvo-Tenorio.

The lawsuit was filed by Attorney David Lujan on behalf of Carl Gutierrez ... Frank Aguon Jr...The Democratic Party of Guam and 1-thousand John Doe's ...citizens of Guam, all of whom, the lawsuit alleges, were "illegally and arbitrarily deprived of their right to vote." Among the factual allegations in the lawsuit are:

* locked ballot boxes were opened at polling sites ... secret ballots were removed and exposed to the public
* ballots were removed by Guam Election Commission Executive Director John Blas who transported them to other polling sites.

* absentee ballots were destroyed or removed

* absentee ballots were not mailed to voters who requested them

* absentee ballots were mailed too late for voters to return them in time

* registered voters were turned away at numerous polling sites and not allowed to vote

* the chain of custody was compromised when ballots were secured and held by a private security company owned and/or controlled by Republican Lt. Gubernatorial candidate Ray Tenorio.

* the number of ballots issued to voters did not match the number of ballots returned at various precincts

* residents of other U.S. jurisdictions ... like Saipan, were allowed to vote in Guam's election.

* underage voters were allowed to cast ballots

*illegal ballots were counted

*voting tabulation machines malfunctioned

The lawsuit also reveals new totals in the election count:

Calvo-Tenorio: 19,879 or 50.38 %
Gutierrez-Aguon 19,296 or 48.90 %

* 484 over-votes
* 702 under-votes

On the issue of the over and under votes, the lawsuit notes that the tabulation machines rejected those votes on November 2ed election night. But the Election Commission Board Members spent much of their time during the re-count on November 6th trying to determine voter intent. But that process too comes under criticism in the lawsuit which states:

"The machine re-count ... included numerous incidents of ballots being chewed up/mutilated by the machines ... and there were problems with several machines ... several additional recounts had to be done for at least 6 precincts." But "despite the fact of the obvious failures of the tabulation machines ... the GEC (Guam Electoral Commission) accepted and certified the results of the machine recount."

The lawsuit cites violations of the 5th and 4th Amendments to the Constitution and it also cites the Guam Organic Act and the Help America Vote Act which all guarantee that a citizens right to vote may not be arbitrarily denied.

The lawsuits suit seeks:

*declare the results of the election for governor and lt. governor certified by the GEC legally invalid

*require the GEC to schedule and conduct a new election at the earliest practicable time.

Communiqué from (U.K.) Overseas Territories Consultative Council

Foreign and Commonwealth Office (FCO)
Press Centre

http://turksandcaicosislands.fco.gov.uk/en/news/?view=PressS&id=118620682



18 November 2010

Minister for the Overseas Territories Henry Bellingham met leaders from the Overseas Territories for the Overseas Territories Consultative Council on 17 November.

The UK and Overseas Territories represented at the Consultative Council discussed a number of issues of mutual interest and concern. Mr Bellingham emphasised the Coalition Government’s determination to improve and strengthen the UK’s relationship with the Overseas Territories and to represent their interests in international fora. He also made clear that other Government Departments were now more closely involved in Overseas Territories work. The Caribbean Territories welcomed the important emergency assistance provided by the Atlantic Patrol Task (North) during the recent hurricane season. The Minister noted that the Coalition Government had restarted the vital Air Access project for St Helena and had agreed to provide assistance for Tristan da Cunha’s harbour. All parties agreed on the need to work together to help the commercial and economic development of the Territories.

During the criminal justice session there were discussions about rising crime in some of the Territories; about drugs and organised crime; and about possible UK technical assistance to the Territories in these areas. In the session on transport there were discussions about maritime and aviation safety regulations; and the importance of meeting international safety standards. Territory leaders raised concerns about the cost of this and about Air Passenger Duty.

During the session on the environment, it was agreed that Territory Governments and relevant UK Departments would work together to help manage the natural environment and the impact of climate change in the Territories, including highlighting examples of good practice and successes already achieved in the Territories.

During the session on passport issues, the UK and the Overseas Territories discussed arrangements for handling the printing of passports in light of the UK Government’s decision to repatriate to the UK the printing of all British passports.

During their separate session on financial services and public finances, the UK and the Caribbean Territories and Bermuda agreed:

*   the importance of complying with international financial sector standards (on tax transparency, financial regulation and anti-money laundering/counter terrorism financing) and that these standards must be applied without discrimination

*    the importance of continuing to take action to return public finances to a sustainable footing to take forward work on a framework for fiscal responsibility

During their separate session the South Atlantic Territories agreed a number of areas in which they could work together more closely.

Chamoru Students to Discuss Decolonisation of Guam

United Nations Guam Forum

University of California Los Angeles (UCLA)

 THURSDAY NOVEMBER 18, 2010

5:30-7:30

170 DODD HALL

THURSDAY NOVEMBER 18, 2010

This forum will discuss the testimonies of the Guam Delegation who testified at the United Nations Special Political and Decolonization Committee in October 2010

SPEAKERS INCLUDE:

 Josette Quinata

Michael Tuncap

Alfred Flores

Edward Browne

UCLA Graduate Coalition of the Native Pacific

UCLA Pacific Islands' Student Association

Pacific Islander Studies Initiative
NAPA

UCLA Post Colonial Theory & Literature Colloquium

Testimony to the United Nations Special Political and Decolonization Committee

Chamoru Self-Determination in Guåhan (Guam)

October 5-6, 2010

Hafa Adai distinguished members of the Special Political and Decolonization Committee (Fourth Committee) and Chairman, H.E. Mr. Chitsaka Chipaziwa. Dankolo na si yu’us ma’ase (thank you very much) for your time in allowing me the opportunity to address this esteemed international body.

Guahu si Josette Marie Lujan Quinata and I am a proud Chamoru daughter of Guåhan. I am a graduate student in the Master of Social Work program at the University of Southern California and a member of Famoksaiyan. "Famoksaiyan" translates to either "the place or time of nurturing" or "the time to paddle forward and move ahead." We are a grassroots network of activists, scholars, students, community leaders and artists who seek to push for a political, economic, and social agenda for Chamorus on local, national and international levels.

I am here today to express to you the crucial concerns that are in dire need of your attention, advocacy, and support especially during this extremely critical time in Guåhan’s history. Currently, Guåhan is under grave attack as it has been designated by the United States, its administering power, as the stage for the largest U.S. military buildup since World War II. The overwhelmingly colossal transference from Okinawa, Japan to Guåhan includes military personnel, their families, and foreign construction workers and is scheduled to take effect by 2014. This massive influx is expected to increase Guåhan’s population by 34 percent. Resources to land, community facilities, and infrastructure capacity will undeniably be impacted by the drastic number of people utilizing these amenities and will devastatingly reinforce the economic, social, and financial dependency the U.S. has over Guåhan. Therefore, the political and decision-making process for Chamorus continues to be one of an insider-outsider perspective as Chamorus remain on the outside fences barred from making decisions that ultimately impinges on their indigenous rights and native claim to the land. This inability to include Chamorus in the very decisions that affect their land, their culture, and their lives permeates the power struggle, political dominance, colonialism, and militarization that the U.S. gravely has over the native people of Guåhan.

Furthermore, what makes this potential atrocity even more horrific is that despite the multitude of people who have advocated for their voices, their concerns, worries, fears, and questions surrounding the military buildup to be addressed, the “green light” to move forward with the continued militarization of Guåhan was recently announced in the U.S. Department of Defense’s Record of Decision. This heartrending decision to move forward with the military buildup will not only alter the lives of the Chamoru people, but it will also significantly impact the environment of Guåhan. For instance, according to the Environmental Impact Statement, the aspirations of the military buildup include excavating ancestral, native and sacred lands in exchange for live firing ranges and the expansion of hotels, resorts, and housing markets. Such a disregard for the cultural ties to our land and historical sites of our ancestors will be detrimental in preserving our Chamoru culture and learning about our history.

In addition, the U.S. government has allocated funding for the development of naval infrastructures while civilian infrastructures continue to deteriorate, posing health and environmental risks on the people of Guåhan. Both the administering power and the Government of Guåhan have stated that the island’s infrastructure is inadequate to meet the needs of the military buildup and the increased number of people it will serve. However, costs needed for the upgrades to Guåhan’s infrastructures are different from the funds that are applied to the military bases. Therefore, Guåhan will not only have to support the local community, but also the demands of the military buildup without having any control of the financial expenses or responsibility over the expansion.

Thus, vital aspects of Chamoru society are impounded by the underlying theme of militarization that affects land resources, health, financial stability, and political sovereignty. The colonization of Guåhan continues to deny Chamorus decision-making power on issues that truly affect their lives. This is evidenced in the lack of inclusion that Chamorus are faced with as our voices and ethical issues are second to militarization and colonialism. And while we have provided our input in the planning process of the buildup, ultimately, we have no real control over what happens to our island and the impacts it would have on future generations.

Therefore, as we question the effects and consequences of this proposed plan, it is overwhelmingly apparent that the security interests and national policies of the U.S. are not inclusive of the Chamoru people’s plight and concerns. Guåhan to this day remains colonized even though it was placed under the United Nations list of Non-Self Governing Territories, and after the UN passed General Assembly Resolutions 1514 (the Declaration on the Granting of Independence to Colonial Countries and Peoples) and 1541(which establishes the three options for self-determination). However, we have the chance to prevent history from repeating itself and from suffering at the hands of colonialism which will lead to ongoing detrimental effects on our land, culture, and humanity. More importantly, we have the opportunity to further the process for self-determination, sovereignty, cultural preservation, and land security by collaborating with the Fourth Committee to help facilitate the political process that enforces the United States’ obligation under the UN Charter to help the Chamoru people attain their basic right to self-determination.

At a time when our homeland is threatened by militarization and heavy dependency on the United States, I recommend that the Fourth Committee immediately enact the process of decolonization for Guåhan in lieu of the severe, irreversible impacts of U.S. militarization with a fully funded and far-reaching education campaign informing all Chamorus from Guåhan of their right to self-determination and decolonization options. I also hope you will join me in understanding the social and political impacts of Guåhan, and acknowledging the Chamoru people’s desire to inspire change and evoke action that will allow us to have a real voice in our political future.

Saina Ma’ase.
Josette Marie Lujan Quinata
MSW Graduate Student
University of Southern California

Famoksaiyan

  I dedicate this testimony to all those who have inspired and motivated me in this journey, and for those who have left a legacy on our island.  I am especially grateful for my Nana, Veronica Lujan and Grandmother, Rosita Quinata who have been extremely profound throughout my journey.  I am moved by your compassion, encouragement, and belief in me and in the Chamoru people’s right to self-determination.  I especially want to say si yu’us ma’ase to Sid Gardner, President of Children and Family Futures, a non-profit organization whose mission is to improve the lives of children and families, particularly those affected by substance use disorders.  Your organization’s profound enthusiasm and outpouring support have undoubtedly been the backbone behind my 2010 United Nations testimony.  I am forever grateful for your commitment and influence in this journey.  Dankolo na si yu’us ma’ase. 

The Decolonisation Process in Western Sahara

Kamal Fadel
Representative of Polisario in Australia


The Western Sahara issue is an important and relevant issue to all those who are interested in the role of the United Nations, human rights, justice and peace. Western Sahara is situated in northwest Africa along the Atlantic coast, and was a Spanish colony for almost 100 years. In 1975, Spain signed a secret agreement with Morocco and Mauritania, dividing the territory between them. 1/ Both Morocco and Mauritania invaded and illegally occupied territory. However, in 1979, Mauritania abandoned its territorial claim over Western Sahara and signed a peace treaty with the Indigenous people. Despite this, Morocco maintains administrative control and continues to claim sovereignty over most of the Territory. The United Nations (‘the UN’) and the Organisation of African Unity (‘the OAU’) have been trying to organise a referendum on self-determination in Western Sahara. 2/ 

The United Nations Decolonisation Program


The Charter of the United Nations recognises the right of peoples to self determination. 3/  Furthermore, the UN passed landmark resolutions and established important decolonisation programs. 4/ In 1963 Western Sahara was included in the UN list of the non-self-governing territories, and in October 1964 the UN Decolonisation Committee adopted its first Resolution on Western Sahara, urging Spain to start the process of decolonising the territory. 5/ The UN General Assembly issued a similar Resolution on December 16, 1965. 6/

Initially, Spain was reluctant to start the process of decolonisation; but in August 1974, it informed the UN that it was prepared to organize a referendum on self-determination. In this referendum, the people of Western Sahara could choose either full independence or to remain attached to Spain. Morocco and Mauritania opposed the referendum idea as they wanted the Territory for themselves.

The Moroccan Sovereignty Claim and the International Court of Justice (ICJ)

In order to postpone the referendum, Morocco, with the support of Mauritania, asked the UN General Assembly to seek arbitration from the International Court of Justice (‘the ICJ’) and to give legal advice on this matter. On 13 December 1974, the ICJ was asked to give an advisory opinion on: (1) whether or not the Western Sahara had been terra nullius - a territory belonging to no one - at the time of Spanish colonisation; and (2) if it was not terra nullius at the time of Spanish colonisation, then what was the legal relationship between Western Sahara and Morocco, and Western Sahara and Mauritania . 7/

In international law, sovereignty has two elements: territorial and jurisdictional.  8/ Morocco claims that before Spanish colonisation, Western Sahara was Moroccan territory. To satisfy the jurisdictional test for sovereignty, it cites evidence that at the time of Spanish colonisation, some Sahrawi tribes paid allegiance to the Moroccan throne. Specifically, it relies on the Islamic concept of the bayaa, an allegiance amounting to ‘a contractual agreement whereby the Muslim community offered a conditional loyalty to its caliph (leader) in response to his recognition of his obligations under the sharia’ . 9/

On this basis, Morocco claims firstly that it, not Spain, has a legitimate claim to sovereignty over the territory of Western Sahara. It also claims that the principle of uti possidetis juris, 10/ which holds that colonial boundaries cannot be altered on independence or decolonisation, applies to that territory.

The ICJ studied all the documents presented to it by Morocco, Mauritania, Spain and Algeria; but the Sahrawis were not allowed to appear before the Court since the ICJ can only hear evidence from States. 11/ After twenty-seven sessions, the ICJ issued its opinion on October 15, 1975. 12/
The Court decided unanimously that Western Sahara was not terra nullius when Spain proclaimed a protectorate over it in 1884, since it ‘was inhabited by peoples which, if nomadic, were socially and politically organised in tribes and under chiefs competent to represent them’.  13/ The court then gave the conclusion of its opinion regarding the legal ties between Western Sahara, Morocco and Mauritania:

The Court’s conclusion is that the materials and information presented to it do not establish any tie of territorial sovereignty between the territory of Western Sahara and the Kingdom of Morocco or the Mauritanian entity. Thus the court has not found legal ties of such a nature as might affect the application of resolution 1514 (XV) in the decolonisation of Western Sahara and, in particular, of the principle of self-determination through the free and genuine expression of the will of the peoples of the Territory. 14/

The decision of the ICJ is of great significance. As Thomas Frank put it, ‘the judges asserted the supremacy of the norm developed by UN resolutions and the practice of decolonisation: the Sahrawi population was entitled to self-determination within the perimeters of the existing colonial entity’.  15/ It is clear that the ICJ decision is a rejection of the Moroccan claim of sovereignty over Western Sahara.

The Postponed Referendum


Despite the Court’s decision, Morocco and Mauritania invaded and occupied Western Sahara in 1975 in a grave violation of international law. The UN Security Council adopted a resolution deploring the invasion and calling on Morocco to withdraw from the Territory 16/ , but the resolution was never enforced. The invasion provoked a prolonged war; causing great suffering to the Indigenous Sahrawis who have been denied their basic human rights. Yet it is a human tragedy rarely noticed by the rest of the world.

In August 1988, as result of war-weariness and international pressure, Morocco agreed to a UN-OAU peace process. Central to the UN-OAU peace plan (‘the plan’) is the holding of a referendum providing an opportunity for the Sahrawi people to exercise their right to self-determination in a free and fair manner. A cease-fire was declared in September 1991 and a UN mission (MINURSO) was deployed in the territory. According to the original plan, 17/ the referendum should have taken place in January 1992.

Furthermore, Morocco signed the Houston Agreements negotiated under the auspices of James Baker, the former Personal Envoy of the Secretary-General. The agreements were endorsed by the Security Council and should have lead to the organisation of the referendum.

In an attempt to break the deadlock, James Baker presented what became known as the Baker Plan that was endorsed by the Security Council in July 2003. The plan envisaged four to five years autonomy under Moroccan sovereignty, followed by a referendum on the final status of the Territory in which Moroccan settlers who resided in the territory since December 1999 would vote. As a gesture of good will and in a spirit of co-operation, Polisario, a Sahrawi movement working for Western Sahara’s independence, accepted the Plan despite the risks involved in it- but Morocco rejected it.

In August 2004, Morocco decided to abandon the peace process and the referendum idea altogether, due to fears of the verdict of the Saharawi people. In response, the UN Security Council called on Morocco and Polisario to enter into direct negotiations without preconditions, in good faith, and with a view to ensuring the respect for the right of the Saharawi people to self-determination..

Morocco and Polisario met four times at Manhasset neat New York in 2007 and 2008 for direct negotiations under UN auspices, but the talks have so far failed because Morocco refuses to consider the referendum idea and will only offer what it calls “autonomy”; which the Saharawis consider falls short of the right of self-determination.

The right of peoples to self-determination is enshrined in the declarations of the United Nations and the Organisation of African Unity. 18/ Furthermore, the ICJ verdict upheld that the Sahrawi people are entitled to exercise this right. Therefore, the invasion and occupation of Western Sahara in 1975 was an act of aggression and a violation of international law.

The UN has so far failed in its efforts in Western Sahara, because of the lack of major powers in the international community politically and publicly supporting the referendum. Unlike the referendum process in East Timor, which has benefited from the involvement of regional and international actors, the Western Sahara peace process has not yet attracted international attention. Unless there is international pressure on Morocco, the chances of the referendum proceeding in Western Sahara are very slim.

After 47 years on the UN agenda, it is tragic that Western Sahara’s decolonisation is still incomplete and that the Sahrawi people are still denied their basic and legitimate right to decide their own future. At the same time, the Saharawis have faced horrendous human rights abuses by Morocco. In addition, their natural resources continue to be illegally exploited by companies from all over the world. 165,000 Saharawis have endured life in harsh conditions in refugee camps for the past 33 years.

It is the duty of the international community to make sure that a final and lasting decolonisation process is achieved in Western Sahara. The alternative to a peaceful solution will be the resumption of hostilities and the destabilisation of the whole region, something the Saharawis wish to avoid.

See also: http://www.un.org/News/Press/docs/2010/gaspd452.doc.htm
_____________________________________

1/ Note that this deal has no status in International law.

2/ For the best historical background in English, see Tony Hodges, Western Sahara: The Roots of a Desert War (1983); and Karin Arts and Pedro Pinto Leite (eds).International Law and the Question of Western Sahara.

3/ Article 1 of the United Nations Charter1945.

4/ Declaration on the Granting of Independence to Colonial Territories and Peoples General Assembly Resolution 1514 (XV) 14 December 1960 UNDoc A/4684 (1960), GAOR 15th Session, Supp 16, p66. General Assembly Resolution 1514 (XV) 15 December 1960, Principles VI-IX, UN Doc A/4684 (1960), GAOR 15th Session, Supp 16, p29.

5/ GAOR, 19th Session, Annex No. 8 (part I), UN Document A/5800/Rev.1 (1964), pp.290-91.

6/ UNGA Resolution 2072, December 16, 1965, GAOR, 20th Session, Supplement 14, UN Document A/6014, pp.59-60

7/ General Assembly Resolution 3292, 29 UN GAOR Supp. 31, UN Document A/9631 1974, paras. 103-4.

8/ These elements of sovereignty are expressed in Article 2(4) of the UN Charter 1945, which states in part that ‘[a]ll members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State...’. Cf Dixon & McCorquodale, above n 3, chs 7 & 8.

9/ George Joffe, ‘International Court of Justice and the Western Sahara’ in Richard Lawless and Laila Monahan (eds) War and Refugees: The Western Sahara Conflict (1987) 26.

10/ Paragraph 6 of the UN Resolution 15 14 (XV) of 1960. Cf Dixon & McCorquodale, above n 3, 266-7 & 301-5; George Joffe, ‘Self-determination and Uti Possidetis: The Western Sahara and the "Lost Provinces"’, (1996) 1 Morocco 10.

11/ Statute of the International Court of Justice 1945, Article 36(2)

12/ ICJ Rep 1975 12. Cf Hodges, above n 12, 368

13/ ICJ Rep 1975 12 para 81.

14/ ICJ Rep 1975 12 para 162.

15/ Thomas Frank, ‘Theory and practice of decolonisation’ in Lawless and Monahan, above n 17, 12.

16/ S/RES/380 (1975) of 6 November 1975, adopted by the Security Council at its 1854th meeting.

17/ The Secretary General Report S/21360 adopted by Security Council Resolution S/RES/658 (1990), and Secretary General Report S/22464 adopted by S/RES/690 (1991).

18/ Articles 1 (2), 55 and 56 of the UN Charter ; Article III (3) of the OAU Charter 1963.

Reflections on the Dissolution of a Country

Bonaire Reporter

 10/10/10-  Bonaire is now an integral part of The Netherlands.

“Pabien, Congrats, Gefeliciteerd. Nos ta den un Reino ku a renase. We live in a reborn Kingdom. We leven in een herboren Koninkrijk! With our will in the right direction, we will reap new fortunes…”  Message from Bonaire Governor Glenn Thodé on 10/10/10.

 10/18/2010- The October 22- Nov. 8 edition of The Bonaire Reporter

Commentary on the moment of transition: 

  -Special to The Bonaire Reporter 
 by Norwin E. Leito

     Journalist for Papiamentu language media.

" It was Saturday night. Bands were playing music. Some people were dancing. Other people were having a cold beverage. Important people were speaking on the stage. Well, it is now almost 12 o’ clock at midnight. Almost everybody was curious to know what was going to happen when the children, the islands of the Dutch Antilles, separated and Bonaire became a public entity of Holland. 

A local singer sang a very sad song in which he said goodbye to the Antilles. It was a covered song of Eva Peron. The original song is: “Don’t Cry For Me, Argentina.”  The Antillean flag went down. Many people were dressed in black. Were they really aware of this or was it just a coincidence?

  In a way we could say that there was a certain feeling of funeral. It is not that there was never a fight between the islands. However, there was still a feeling of “we.” Now it feels as if the family has been torn apart. Everyone could see the beautiful fireworks in the sky. But one really could feel the nostalgia among the people.

One guy tried to congratulate two other guys who were passing by. But they really did not appreciate this and they said that according to them there was no reason at all for congratulations. They even were ready to fight. In general, during the day of Rincon or other cultural events, the faces are happy. Unfortunately, on this day many people were looking very sad. There were even some people who could not hold their tears. I am one of those people to be honest. I feel that I have lost my brothers and sisters. In other words: the other islands.

  The politicians have their reason to do what they are doing. But the most important thing that’s affecting the local people is “fear.” They are afraid because they say that they are not well informed. One can hear them talking in the local bars. Most of them do not have any idea of what this transition really means. Some think that the Dutch are taking over the place. Others think that they are about to lose their identity. Well, in general, one feels comfortable when a situation is predictable. 

Despite this we do not know what changes this transition will bring. It might bring positive things. So I guess that the best thing is to try to live in harmony with each other, give our contribution each day to Bonaire, and together we can help Bonaire to progress. If it progresses, all of us will pick the fruits. 

God bless our Flamingo Island."

            

_____________

 
WILLEMSTAD- -The Netherlands Antilles no longer exists, but the bonds between families on the various islands still do.

However, there is as yet no cooperation arrangement between the new entities that allows easy passage between neighboring Dutch islands using only a sedula (ID card). The Reporter was informed that this is recognized as a problem and is being reviewed by the appropriate authorities.


- Bonaire Reporter

Military Build-up in Guam an attempt to Contain China - UK Telegraph

The US Is Building An £8 Billion Super Military Base On the Pacific Island of Guam In An Attempt to Contain China's Military Build-Up.


by Praveen Swami, Diplomatic Editor
Telegraph.co.uk

The expansion will include a dock for a nuclear-powered aircraft carrier, a missile defence system, live-fire training sites and the expansion of the island's airbase. It will be the largest investment in a military base in the western Pacific since the Second World War, and the biggest spend on naval infrastructure in decades. However, Guam residents fear the build-up could hurt their ecosystem and tourism-dependent economy.

Estimates suggest that the island's population will rise by almost 50 per cent from its current 173,000 at the peak of construction. It will eventually house 19,000 Marines who will be relocated from the Japanese island of Okinawa, where the US force has become unpopular.

The US's Environmental Protection Agency (EPA) has said that this could trigger serious water shortages. The EPA said that dredging the harbour to allow an aircraft carrier to berth would damage 71 acres of pristine coral reefs. The EPA's report said the build-up would "exacerbate existing substandard environmental conditions on Guam".

Local residents' concerns, however, have been sidelined by the US-China strategic competition. China has significantly expanded its fleet during the past decade, seeking to deter the US from intervening militarily in any future conflict over Taiwan, which Beijing claims as its own, and to project power across disputed territories in the gas and oil-rich South China Sea.

Beijing's naval build-up is also intended secure the sea lanes from the Middle East, from where China will import an estimated 70-80 per cent of its oil needs by 2035 supplies it fears US could choke in the event of a conflict. China has therefore invested in what are called its "string of pearls" a network of bases strung along the Indian Ocean rim, like Hambantota in Sri Lanka and Gwadar in Pakistan and in developing a navy which can operate far from home.

Experts agree China does not currently have the capability to challenge US supremacy in the Pacific and Indian Ocean. "China has a large appetite", says Carl Ungerer, an analyst at Australian Strategic Policy Institute, "but it hasn't got enough teeth".  But China clearly intends to add bite to its naval arsenal. The country has acquired several modern Russian-made submarines and destroyers. Its shipyards are building new nuclear-powered submarines, as well as an aircraft carrier. There have also been reports that China is planning to test a new type of ballistic missile, the Dong Feng 21D, which would effectively render US carriers defenceless.

"China's charm offensive is over", says Ian Storey, an expert at the Institute of Southeast Asian Studies in Singapore, "and its given way to what you might call an adolescent foreign policy. The country's flexing its muscles, letting us know it won't be pushed around".

The US is also investing another £126 million on upgrading infrastructure at the British-owned Indian Ocean atoll of Diego Garcia, 700 miles south of Sri Lanka. Key among the upgrades at Diego Garcia, which are due for completion in 2013, will be the capability to repair a nuclear-powered guided-missile submarine which can carry up to 154 cruise missiles striking power equivalent to that of an entire US aircraft carrier battle group. Diego Garcia, which has served as a launch-pad for air strikes on Iraq and Afghanistan, is already home to one third of what the US navy calls its Afloat Prepositioned Force equipment kept on standby to support military deployment anywhere in the world.

Caribbean Legal Expert Reflects on Legacy of Edward Wilmot Blyden

Blyden was born in the Danish West Indies  (presently the U.S. Virgin Islands) to free parents on 3rd  August 1832.

BLYDEN AND PAN-AFRICANISM

A PRESENTATION AT THE EDWARD WILMOT BLYDEN CELEBRATION SYMPOSIUM FOR THE 350TH ANNIVERSARY OF THE ST. THOMAS REFORMED CHURCH

16 OCTOBER 2010

PRIOR-JOLLICK HALL, ANTILLES SCHOOL

St. Thomas, U.S. Virgin Islands

A Presentation by

Judith L. Bourne, J.D., LL.M.

I thank the St. Thomas Reformed Church and its 350thAnniversary committee, especially the indefatigable Roland Euwema for inviting me to participate in this important celebration.

We know that Edward Wilmot Blyden was a genius and that his genius manifested itself in many, often long-lasting, ways. Some of the beneficiaries of that genius, such as Marcus Garvey, John Henrik Clarke, and Kwame Nkrumah, were very much aware of their debt to Edward Wilmot Blyden. Some, such as the US Black Power advocates of the 1970s and 1980s, may not have been aware.

During most of Blyden’s lifetime (3 August 1832 – 7 February 1912), there was no movement known as Pan-Africanism. That term did not begin to become current until the first Pan-African meeting in London in 1900, which was organized by a Trinidad barrister, Henry Sylvester Williams, with the objective of "bringing into closer touch with each other the Peoples of African descent throughout the world."

However, forty years before that meeting, Blyden lectured, wrote and taught the concept of an African personality. He ascribed to the then current “scientific” belief that there were distinct and differing races. European and European-descended peoples of the USA believed that the races were ranked hierarchically, with themselves at the top and the “race” which they most exploited at that time to develop their own wealth - Africans - at the bottom. Of course, this was a highly practical arrangement for them.

Blyden countered this “common knowledge” of the time with the concept that no race was better than any other but that each race had its own personality or genius, which contributed to the completeness of humankind and that each had developed a way of life, a culture, appropriate to its circumstances. Africans, or Negroes (he used the terms interchangeably to refer to African peoples throughout the world) therefore should not attempt to copy Europeans or European-descended peoples, but should develop themselves and their race in accordance with their specific racial qualities as seen in the traditional societies of Africans living outside the influence of Europeans.

Politically, Blyden campaigned for the establishment of a modern West African state, perhaps with Liberia as the core, that was respectful of African customs and institutions and which would protect and promote the interests of African peoples everywhere. Let me give you an example of Blyden’s Pan-Africansim affecting real life.

On one of his two trips back to North America and the Caribbean, he sent messages to various islands encouraging emigration to Liberia. One of those messages went to the African Colonization Society of
Barbados, which had as its treasurer a leading merchant, London Bourne. Although he was in his 70s and too old to go himself, he helped to organize the expedition and his daughter, Sarah Ann Bourne Barclay, her husband, Anthony Barclay and their eleven children were among the 346 persons who landed in Liberia from Barbados in 1865 on the ship “Cora”. One of their children, Arthur Barclay grew up in Liberia and became Postmaster-General and later President of Liberia 1904 - 1912. As Arthur Barclay attended Liberia College, probably in the late 1870s, it is likely that he was once again influenced by Blyden during that time. Although he was not at the College at that time, he was very active in educational and political circles.

Blyden was completely a man of his time, while at the same time transcending that time. He was a Victorian man, but had the unusual ability to approach the objects of his study with an open and analytical mind and considerable intellectual curiosity. One major object of his study were the African societies located awayfrom the coast that remained uninfluenced by Europe or America and that maintained their traditional civilization, He had the opportunity to do this work when he served in Sierra Leone as Government Agent to the Interior 1871-73 when he was sent on a mission to the tribes in the interior of Sierra Leone by the British government, and as Liberia’s Minister of the Interior 1880-84.

While maintaining his strong devotion to Christianity, Blyden could separate the doctrines of that religion from the European culture with which it had become encrusted. He could therefore appreciate that the manner in which Islam was propagated amongst Africans was much more beneficial to Africans because the missionaries of Islam taught the doctrines of the religion without attempting to change the basic culture of the people - one did not have to become Arabized to become Muslim - and once there were sufficient converts who knew and understood the Koran, the missionaries withdrew and allowed the new Muslims to continue the work. However, as he set forth in his acclaimed book, “Christianity, Islam and the Negro Race” in 1887, the practice of Christian missionaries was to Europeanize the convert and to maintain direct supervision and control. This, Blyden said, caused the Christianised African to look to all things European as the good, which he as an African could, of course, never achieve, and that crushed his self-esteem or as Blyden referred to it, his manliness. Blyden pointed out the results of this in the everyday life of Liberia. These observations and analyses are the basis of the book. The book caused great consternation and dispute when it was first published in England, not just, or even mainly, because of its content, but because, due to its high quality, the Europeans refused to believe that it had been written by a “Negro”.

But Blyden also transcended his times by confronting and refuting the then current doctrines of African inferiority by going back to the works of classical Greece and Rome which indicated that Africans are the originators of civilisation and, as he saw it, the guardians of spirituality for the human race. Blyden insisted on using these classics as the basis for the curriculum in Liberia College not only because he believed in their educational value, but also because there was nothing in those classical works of Greece and Rome which denigrates Africans.

From his experience with the racism he had met in the US (which by the way, was not just what we would now refer to as discrimination because of his race, but his very realistic fear that he might be seized and sold into slavery in the South) and the attitudes of the missionary societies, Blyden became convinced that African people could never fully develop themselves in a modern industrial world except in their own country and by their own efforts. He therefore encouraged the emigration of qualified, trained and experienced Africans from North America and the Caribbean to West Africa for what we would today refer to as “nation-building”.
He saw all Africans, wherever they lived, as one race whose people needed to unite in the interest of the race as a whole.

He founded several newspapers, both in Liberia and in Sierra Leone. He named his 1870's newspaper “The Negro” and stated as its purpose “to recognize and greet the brotherhood of the race wherever found.”

In his first book (1857 - A Vindication of the African Race;...), Blyden stated “We need some African power, some great center of the race where our physical, pecuniary and intellectual strength may be collected.”

These principles, the oneness of the African race, its equality with other races, its distinctive attributes, the need for solidarity within the race, and the development of its homeland by its own members - remained the bedrock of the Pan-African movement throughout the twentieth century. W.E.B. Dubois and Marcus Garvey were directly inspired by Blyden. Garvey said of African-Americans and Afro-Caribbean peoples that if “you do not know anything of your ancestryit will do you well to read the works of Blyden, one of our historians and chroniclers, who has done so much to retrieve the lost prestige of the race”.

Kwame Nkrumah, the independence leader and first president of independent Ghana and the much-honored historian, the late John Henrik Clarke, attended meetings of an organization called the Blyden Society for the Study of African History in their formative years in Harlem in the 1940s.

Edward Wilmot Blyden’s ideas, including his explication of the social relations found in indigenous African societies, informed both the African Socialism of Julius Nyerere, the first President of Tanzania and the short-lived Union of African States, formed by Nkrumah of Ghana, Sekou Touré of Guinea and Modibo Kéita of Mali from 1958 to 1962, as well as the less immediately ambitious, but longer lasting, OAU.

The meetings and publications of anglophone and francophone Africans from Africa and from the Caribbean living in Europe in the 1940s and 1950s based their organizations on principles elaborated by Blyden, both in their separate languages, such as the Négritude movement of Léopold Sédar Senghor of Senegal, Léon Damas of French Guiana and Aime Césaire of Martinique, and especially in the several joint language endeavors, such as La Revue du Monde Noir, which had as its aims: “to create among the Negroes of the entire world, regardless of nationality, an intellectual, and moral tie, which will permit them to better know each other, to love one another, to defend more effectively their collective interests and to glorify their race.”

In the USA, the Nation of Islam, the Black Panther Party for Self-Defense and the myriad Black Power organisations of the1970s and 1980s that called on African-Americans to love themselves as themselves and to exercise self-reliance in their economic, educational and cultural endeavors all hark back to the seminal teachings of Edward Wilmot Blyden.

The legacy of Edward Wilmot Blyden has spread throughout the world as the sons and daughters of Africa are spread throughout the world and continues to reverberate. We now know that the only way to begin to secure true peace and cooperation among individuals is to ensure that each person maintains that strong and stable self-respect which enables one to have respect for others. What better legacy can one have than a body of work which encourages a people who were, and who continue to be, denigrated and abused to recognize that their true worth, ability and potential is equal to any and all others, an attitude which supports that healthy self-esteem which leads to self-reliance and commands general respect.

That legacy is a gift to the world.

UN Decolonisation Cmt. Chair Visits Argentina on Falklands/Malvinas Issue

UN G24 chief calls for 'patience and cooperation" on Falklands/Malvinas dispute.

The decolonization process “is slow and requires patience, comprehension and cooperation” said (Donatus) Saint Aimée during his visit this weekend to the extreme south of Argentina the province of Tierra del Fuego, that under Argentine law has jurisdiction over the South Atlantic disputed territories.

The G24 chief who is Santa Lucia’s ambassador to UN, over the weekend and after meeting with Governor Fabiana Rios and other local authorities sailed along the Beagle channel next to the Chilean border and later met with veterans from the 1982 Malvinas conflict when Britain expelled the Argentine invasion that occupied the Falklands for 74 days.

Since arriving in Argentina last Thursday, on an invitation extended last May, Ambassador Saint Aimée has met with Foreign Affairs minister Hector Timerman, members of the Argentine Congress, war veterans and different Argentine personalities linked to the issue. President Cristina Kirchner also received the G24 chief in a special audience at Government House.

“The visit is important because it helps to collect the most information possible, to have an idea of the feelings and it all helps for a better understanding and action at the (UN) Committee. I can read hundreds of documents and resolutions, but nothing equals contact with reality”, underlined the diplomat.

However Saint Aimée was careful not to comment on the recent British military exercises in the Falklands, --strongly condemned by Argentina-- nor about the current round of hydrocarbons exploration or fisheries which are managed by the elected government of the Islands.

“I know what’s happened, but not enough. First of all I must collect all possible information to have a founded and well informed opinion”, pointed out the diplomat, who on Sunday flies back to the New York.

Ambassador Saint Aimée admitted that the G24 group has not exploited all its “potential” but under his presidency “we will be more active in the remaining decolonization list of cases”.

During this tour of Tierra del Fuego, Saint Aimée was accompanied by Argentina’s UN ambassador Jorge Argüello who said that all the contacts and information collected by the Santa Lucia diplomat “are very important for the Argentina cause”.

Saint Lucia is a member of the Commonwealth and recognizes Queen Elizabeth II as the head of state, represented on the island by a Governor General. Executive power, however, is in the hands of the Primer Minister and his cabinet. The PM is normally the head of the party commanding the support of the majority of the members of the Hose of Assembly, which has 17 seats. The other chamber of Parliament, the Senate, has 11 appointed members.

Saint Lucia joined the West Indies Federation (1958–62) when the colony was dissolved. In 1967, Saint Lucia became one of the six members of the West Indies Associated States, with internal self-government. In 1979 it gained full independence.

Saint Lucia is a member of the Caribbean Community and Common Market and home to the Organization of Eastern Caribbean States and La Francophonie.

- Merco Press South Atlantic News Agency

Caribbean Community Statement to the United Nations on Contemporary Decolonisation

'We cannot afford to continue to pay the price of constant repetition without concrete results in... the decolonisation process." - Jamaican Ambassador Raymond Wolfe.

STATEMENT BY H.E. AMBASSADOR RAYMOND WOLFE

PERMANENT REPRESENTATIVE OF JAMAICA
TO THE UNITED NATIONS SPECIAL POLITICAL AND DECOLONISATION COMMITTEE

65TH SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY

ON BEHALF OF THE CARIBBEAN COMMUNITY (CARICOM)

New York, 11 TH OCTOBER 2010

Mr. Chairman,

I have the honour to speak on behalf of the fourteen Member States of the Caribbean Community (CARICOM). We congratulate you and your colleague members of the bureau on your election to lead the work of this Committee. CARICOM offers you its full support as we deal collectively with the special political and decolonisation questions before us. CARICOM associates itself with the statement delivered by the delegation of Cuba on behalf of the Non-Aligned Movement.

At the outset, CARICOM wishes to underscore the principle of the inalienable right of all peoples to self determination. The continued existence of colonialism in any form is an impediment to the social, cultural, and economic development of dependent peoples and militates against the United Nations ideal of universal peace. These words, adopted in landmark General Assembly resolution 1514 in December 1960, remain as poignant today as they were fifty years ago.

Mr. Chairman,

2010 is a hallmark year for the global decolonisation movement. In December we will mark fifty years since the adoption of resolution 1514 on the Granting of Independence to Colonial Countries and Peoples. This resolution laid the foundation for the independence of territories across Africa, the Caribbean and the Pacific. The resolution allowed colonized peoples to be free of the shackles of colonialism and take responsibility for their own destinies and their own development.

It was not so long ago that each of the fourteen CARICOM Member States, and numerous other States present here today were listed as non self-governing territories. Many of us only achieved decolonisation through the active support and vigilance of the United Nations. We are not prepared to celebrate our independence without due regard for the peoples and countries that remain colonized. Six of these territories are in the Caribbean, and are full or associate members of CARICOM and its affiliated institutions. The issue, therefore, is of special importance to us as their status as non-self-governing territories continues to present an obstacle to regional integration.

As we celebrate fifty years of the adoption of resolution 1514, we should not forget that our task is not yet complete. Sixteen non-self-governing territories do not have a voice in deciding their own future, and the United Nations family has not had the privilege of experiencing their input into the multilateral process. The UN and its Member States have a responsibility to these Territories and their Peoples, a responsibility from which we cannot hide away. The fiftieth anniversary of resolution 1514 should serve to renew our commitment to the noble cause of decolonisation and once again, make it a priority goal.

Mr. Chairman,

2010 is also important because it marks the end of the Second International Decade for the Eradication of Colonialism. CARICOM is deeply concerned that whilst certain internal reforms have been enacted in several non-self-governing territories, little progress has been made in actual decolonization, consistent with the recognised legitimate political status options of independence, free association and integration throughout this second decade. CARICOM welcomes the designation of a Third International Decade for the Eradication of Colonialism, and we remain committed to playing our part to ensuring that there are tangible achievements in the goal to eradicate colonialism during this period.

For CARICOM however, the designation of a Third International Decade, is not cause for celebration, as it demonstrates that the work of the United Nations on the contemporary decolonisation process remains in a state of virtual inertia. Decolonisation has moved from the ‘unfinished agenda’ of the United Nations to the ‘un-attended agenda.’

Looking ahead to the Third International Decade for the Eradication of Colonialism we must take stock of activities during the previous International Decades, and identify what has prevented the UN from achieving the established targets. CARICOM has in the past, consistently highlighted a number of challenges affecting the achievement of the goal of eradication of colonialism, including the information deficit on decolonisation which is compounded by the lack of analysis on the constitutional, political and economic situation in the non-self-governing territories; and limited high-level focus to the decolonisation agenda.

The United Nations is at an historical crossroads. As Member States we consistently reaffirm support for the principles of self-determination and decolonisation in our statements, and in the annual adoption of resolutions on this issue. But these endorsements are not sufficient if the corresponding mandates are not operationalised. We must decide if we are going to remain true to the relevant provisions of the United Nations Charter governing self-determination and decolonization. This Third Decade presents us with the opportunity to correct the inertia that has plagued the decolonisation agenda over the past two decades and take concrete steps toward the eradication of colonialism. Full implementation of all relevant resolutions is therefore critical.

Mr. Chairman,

CARICOM fully recognizes that it is only the peoples of the non-self-governing territories that can determine their future. We welcome the progress that has been made in a number of non-self-governing territories. However, we note with deep regret the regressive steps that have been recently undertaken in the Caribbean territory of the Turks and Caicos Islands.

CARICOM remains concerned over the decision of the Administering Authority to dissolve the Government and legislature of the territory, as well as to suspend the right to trial by jury, and to replace the elected government with direct rule by the Administering power over the Territory of the Turks and Caicos Islands.

CARICOM has taken note with great concern of the recently announced decision by the Administering Authority to postpone elections previously scheduled to be held in July 2011. In a statement issued on September 30 2010, CARICOM stated “…that this development reinforces the view of the Community that the imposition of direct rule is totally at odds with the development of good governance, including improved fiscal and administrative management in the Turks and Caicos Islands, the professed aim of the British Government. That objective cannot be met by the continued disenfranchisement of the Turks and Caicos Islanders, by the denial of their inalienable right to shape their own future nor by the artificial widening of the voter base. Good political and fiscal governance cannot be handed down. Its nature and contours must be molded by the people of Turks and Caicos. We reiterate the call for direct rule to be replaced by self rule and for a return to democracy for the people of Turks and Caicos Islands, an Associate Member of the Caribbean Community.”

Mr. Chairman,

CARICOM maintains its principled support for the right of the people of Western Sahara, as with all peoples in non-self governing territories, to self-determination. CARICOM commends the efforts being undertaken by the Personal Envoy of the Secretary-General, Mr. Christopher Ross since his appointment, which has resulted in the re-establishment of mutual respect and dialogue between the main parties. We have taken note with concern of the suspension of family visits by air and urge their quick resumption, as well as the commencement of family visits by land.

We take note of the political process launched since April 2007 with its four rounds of negotiations and two informal meetings which took place in Austria and Westchester, New York. We encourage the parties to continue negotiating in a spirit of compromise and sincere commitment. We hope that the upcoming informal talks will pave the way to more substantive negotiations between all the parties with the objective of reaching a just, lasting and mutually acceptable solution to this protracted conflict.

CARICOM also supports the call in Security Council resolution 1920 for the continuation of negotiations under the auspices of the United Nations without preconditions and in good faith, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations.

Mr. Chairman,

In closing, let me take this opportunity to urge all Member States to work toward achieving the long outstanding goal of the eradication of colonialism. Let us extend ourselves beyond the academic exercise of receiving petitioners and adopting resolutions on the various aspects of the decolonization agenda.

It is often the case that the price of staying the same is far greater than the price of change. We cannot afford to continue to pay the price of constant repetition without concrete results in treating with the decolonisation process. Let us challenge ourselves to ensure that the third international decade for the elimination of colonialism is a successful one for the colonized countries and peoples.

Thank you, Mr. Chairman.

Country St. Maarten is Born

By Judy H. Fitzpatrick
Daily Herald
Sint Maarten


PHILIPSBURG--The Netherlands Antilles flag was lowered in front of the Courthouse at the stroke of midnight Saturday (10th October 2010) and the St. Maarten flag was hoisted to mark symbolically the end of one era and the birth of new Country St. Maarten, rounding off a decade of lobbying, negotiations and agreements.
The folded Netherlands Antilles flag was presented to the St. Maarten Museum to preserve as a symbol of the dismantled Netherlands Antilles.

With the St. Maarten song playing in the background, roars of applause rang out from the crowd that gathered to witness the ceremony when the St. Maarten flag, designed by Roselle “Rosie” Richardson in 1985, was hoisted. This was followed by fireworks and a celebratory mood as officials embraced and congratulated each other on St. Maarten’s increased autonomy.

The national anthem of the Netherlands, the Wilhelmus, the anthem of the Netherlands Antilles, and the St. Maarten song had been played earlier in the ceremony.

Calling the occasion “momentous” and “historical,” former Acting Lt. Governor Reynold Groeneveldt, who was appointed Acting Governor on Sunday, lauded the “dignified manner” in which country status had been achieved without violence – a point echoed by Dutch Justice Minister Ernst Hirsch Ballin during the first Parliament meeting on Sunday.

“This process was always conducted in a dignified and businesslike manner. The negotiations were not easy, but never at any time was there any need for revolt, violence or war, like in some other countries, when it came to the exercise of the right to self-determination by the people of the Caribbean part of the Kingdom,” Groeneveldt told the gathering.

In attendance were local dignitaries, representatives of the United People’s Party/Democratic Party coalition government and the National Alliance, and overseas guests including Hirsch Ballin, Caribbean Community Caricom Deputy Secretary General Lolita Applewhaite, Anguilla’s Chief Minister Hubert Hughes and Minister Walcott Richardson and spouse, and Collectivité of French St. Martin President Frantz Gumbs and St. Martin Préfet Jacques Simmonet.

“Our country has become a beacon of hope for persons from many parts of the world and we must all be very proud of the Netherlands Antilles and what it has meant for us as a people. Nevertheless, the time has come for us to make new arrangements that will go into effect shortly.

“As we embark on another stage in the pursuit of full internal self-government within the Kingdom, we hope that we can continue to count on the support of all the partners in the Kingdom and we look forward to closer ties and more cooperation in mutual benefit of our respective peoples,” Groeneveldt said.

“In 1942, Her Majesty Queen Wilhelmina announced in her speech from London that at the end of World War II the Kingdom would embark on creating a new constitutional order within the Kingdom. After several years of negotiations the Statuut was adopted creating a Kingdom consisting of the Netherlands, the Netherlands Antilles and Suriname.

“Today we are 50 years later, and after much deliberation and negotiation the Kingdom again is being re-formed. During the last 50 years we can be proud of the achievements. As a Country the Netherlands Antilles, we have experienced years of mainly prosperity and growth for our people and also some years in which austerity measures had to taken.” He asked Minister Hirsch Ballin to convey St. Maarten’s “sincere appreciation” to Her Majesty Queen Beatrix and the Dutch government “for the excellent cooperation.”

He also thanked the people of St. Maarten and all those who had served the country the Netherlands Antilles, as well as members of the previous governments, who he said “have worked diligently in the preparation of the new constitutional order, and all those persons who attended the countless meetings and sat for hours and days at the negotiating tables.

“Your efforts and valuable contributions are very much appreciated. As the last [Acting] Lt. Governor performing my final official duties, permit me to say farewell to the Netherlands Antilles and entrust the care and responsibility for the people of this great island nation to the Governor and the government of Country St. Maarten.

“I pray that the people of the new island nation will experience prosperity beyond measure and that our difficult days may be but few, that this country will continue to be the most favourite place on earth for many, and that the people of this country will continue to find special favour with God and be protected from all disasters.”

The ceremony was preceded by a cocktail reception for dignitaries and invited guests at Holland House Beach Hotel. Reporters and photographers were barred from covering the reception.

About an hour before midnight, dignitaries walked from Holland House to the Courthouse, where a large tent had been set up. The Courthouse was decorated in the colours of the St. Maarten flag for the occasion.

St. Maarten Flag

The St. Maarten flag was adopted in June 1985 and was officially hoisted for the first time in front of the Government Administration Building in the same year. The colour red in the flag represents solidarity and courage; while white stands for peace and friendliness and blue represents the environment, such as the skies, beaches and seas.

The coat of arms in the flag depicts the Court House in Philipsburg; the island’s national flower the yellow sage and St. Maarten’s national bird the Brown Pelican in flight with the sun as its backdrop. It also has a silhouette of the border monument and the words "Semper pro grediens” (latin for ‘ever moving forward’) towards the bottom.

VANUATU MUM ON WEST PAPUA AT U.N. GENERAL ASSEMBLY

Radio New Zealand International

VANUATU MUM ON WEST PAPUA AT UNITED NATIONS ASSEMBLY


Parliament instructed rights issue be raised

WELLINGTON, New Zealand (RNZI, Oct. 4, 2010) - A spokesman for Vanuatu’s Prime Minister Edward Natapei has confirmed he did not raise the issue of the status of Indonesia’s Papua last week while attending the United Nations General Assembly.

In June, Vanuatu’s parliament unanimously passed a motion, sponsored by Mr. Natapei, to raise issues around the status of Indonesian territories of New Guinea at the UN.

Under the motion, Vanuatu was to request General Assembly support for the International Court of Justice to provide an advisory opinion on the process in which the former Netherlands New Guinea was ceded to Indonesia in the 1960s.

A spokesman for Mr. Natapei said the Prime Minister feels the Papua issue is very sensitive and that it was not the right time to raise it at the UN level. He said it is thought that the issue should be raised at the Melanesian Spearhead Group leaders level first.

However, some MPs say that Mr. Natapei could be held in contempt of Parliament for failing to follow through on the motion.