U.N. Permanent Forum on Indigenous Issues Convenes at United Nations Headquarters

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From United Nations Press Release

Permanent Forum on Indigenous Issues to Review Progress at United  Nations Headquarters

Implementation of Recommendations on Development, Environment, Consent to Be Focus


More than 1,300 delegates...attend the tenth session of the United Nations Permanent Forum on Indigenous Issues at Headquarters in New York from 16 to 27 May. This year’s Permanent Forum will be especially significant, since it is a review year, which will focus on the implementation of Forum recommendations on economic and social development, the environment and free, prior and informed consent.

At its previous nine sessions, the Permanent Forum made 131 recommendations related to economic and social development, 127 on the environment and 35 related to free, prior and informed consent. The Forum has received appraisals on the implementation of about half of these recommendations.

The Permanent Forum will engage with Member States, United Nations agencies and civil society. Delegates will include the United Nations, intergovernmental organizations, Indigenous Peoples’ Organizations, non-governmental organizations and academia.

During the second week of the session, the Permanent Forum will hold an in-depth dialogue with the United Nations Children’s Fund (UNICEF) to obtain a better understanding of its functions, and also to consider some of the challenges and opportunities faced by United Nations agencies in discharging their mandates, especially those related to indigenous peoples. The dialogue will include brief presentations from senior UNICEF officials, as well as regional coordinators.

The special regional focus of the Permanent Forum is on indigenous peoples of the Central and South America and the Caribbean region. Other special features include a discussion on the Permanent Forum’s mission to Colombia, a half-day discussion on the right to water and indigenous peoples and discussions on studies completed this year by the Forum (during the second week of the session).

The Permanent Forum expects some 30 United Nations and other inter-governmental organizations and about 60 Governments to participate. The Secretary-General, the President of the Economic and Social Council, and the Under-Secretary for Economic and Social Affairs will attend the opening of the session.

Human Rights

The Forum has invited the Special Rapporteur on the Rights of Indigenous Peoples to have a dialogue during the first week. Members of Expert Mechanism on the Rights of Indigenous Peoples and the Chairperson of the Forum will also participate.

Other highlights of the session include discussion on the World Conference on Indigenous Peoples, during the second week of the session; discussion on the Rio+20 Conference, again during the second week of the session; and follow-up recommendations and action on the various studies that will be presented during the Forum.

Cultural Exhibition on Indigenous Peoples and Water

During the Permanent Forum session, there will be an indigenous exhibition at the United Nations, which aims to present the ways in which water is tied to indigenous peoples’ spiritual, cultural, political and economic systems. The exhibition includes photographs from a number of internationally recognized artists, such as Wayne Quilliam, one of Australia’s most respected indigenous photographers. Mr. Quilliam is the first indigenous photographer to be featured at the International Photo Biennale and has created and curated more than 100 exhibitions throughout the world. Other artists whose works will be on display include Ina Hume ( Bangladesh), David Hernandez-Palmar ( Venezuela), Brian Adams ( United States), and Troy Donovan Hunter ( Canada).

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Following are UN Secretary-General Ban Ki-moon’s remarks to the opening of the Permanent Forum on Indigenous Issues, in New York, today, 16 May:

It is a great pleasure for me to be here with you today. I am happy to open this tenth session of the Permanent Forum on Indigenous Issues. At the onset, Madame Chair, I would like to congratulate you on your election as the chair of the tenth Permanent Forum on Indigenous Issues and, under your leadership, I hope that the well-being and rights of indigenous peoples will be fully guaranteed. And as Secretary-General, you can count on me.

A warm welcome to all the indigenous representatives from around the world. You have travelled long distances, physically but also in the struggle to achieve your rights. Welcome also to the new members of the Forum. I look forward to working closely with you. This is the Forum’s tenth anniversary; 10 years of fighting against decades of marginalization; 10 years of uniting different cultures to reach shared goals; 10 years of pushing for indigenous rights.

The road has been tough, but the rewards are real. The United Nations Declaration on the Rights of Indigenous Peoples finally has the consensus it deserves. Now we need to make the Declaration’s principles a reality. To those who do not grasp the Declaration’s importance, I say: protecting and promoting the rights of indigenous peoples benefits us all.

We see examples around the world. In Peru, indigenous communities are responding to climate change by re-introducing native varieties of potatoes. They have support from a United Nations-backed fund benefiting poor farmers. Now they are helping conserve the Earth’s biodiversity. We know that indigenous peoples have a close spiritual relationship with nature. Now we have to make the connection between their knowledge — your knowledge — and our world.

Indigenous peoples have been living in a “green economy” for centuries. When economists today look for new ways to achieve sustainable development, they should look at old practices in indigenous communities.

Ancient indigenous traditions can help overcome modern problems. The goal is not to appropriate your knowledge — to extract it or exploit it — but to respect indigenous peoples and help preserve their traditions.

There is an indigenous saying that, “When an elder dies, it is like a light burning out.” This is a beautiful expression of respect for the wisdom of age. But it could also be a warning. We could just as easily say that, “When an indigenous custom dies, it is like a light burning out.”

If that is true, our world is growing darker. Today, one indigenous language dies every two weeks. Indigenous cultures are threatened with extinction. Millions of indigenous peoples continue to lose their lands, their rights, and their resources. They make up one third of the world’s 1 billion rural poor. And they are among the most vulnerable and marginalized of any group.

Indigenous women, who are the custodians of so much rich heritage, often suffer the most. We do not have enough studies of the problems, but the studies we do have show appalling gaps. Indigenous peoples do not live as long as others. They suffer higher rates of diseases like diabetes and tuberculosis. Their children are less likely to survive past the age of five. Their communities are less likely to thrive.

This Forum can play a dynamic role in changing this deplorable situation and helping indigenous peoples around the world achieve the self-determination they deserve. Your success can build momentum towards the World Conference on Indigenous Peoples planned for 2014. You can identify ways to bring to life the principles enshrined in the Declaration. And you can shape other important events on the international agenda.

Two decades ago in Rio, indigenous peoples were active at the United Nations Conference on the Environment and Development. Maybe some of you were there. We need you now even more with the Rio+20 Conference coming up next year.

From the forests to the oceans, from the mountains to the deserts, around our world you are guardians of nature. We need you to help influence the decisions we make today on energy and the environment — decisions which will affect generations to come.

Earlier this year in Guatemala, I met with Rigoberta Menchu. I remember when she won the Nobel Prize in 1992. Just before they made the announcement, people kept asking her, “What if you win? What if you lose?” Here was her answer: she said, “With the Nobel Prize, there are no losers or winners. There is a chance to hear about the struggle of people who are oppressed, a chance to be heard, and we hope that this chance never ends.”

We must end the oppression, and we must ensure that indigenous peoples are always heard. Raise your voices here at this Forum and beyond. I will urge the world to listen. Thank you.

Anguilla - Sint Maarten begin functional cooperation

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~ Governments agree to meet quarterly ~

Daily Herald

PHILIPSBURG--St. Maarten and Anguilla have agreed to what Anguilla's Chief Minister Hubert Hughes calls a "functional cooperation" between the two territories, similar to the kind of cooperation that exists among the Scandinavian countries.

(OTR Note: A formal functional cooperation mechanism between the elected governments of the neighboring British Virgin Islands and U.S. Virgin Islands, known as the Inter Virgin Islands Council, was established in 1994 as a successor organisation to the Inter Virgin Islands Conference, itself created in 1990.) 

Hughes stressed the long-standing relationship between the two islands and the strong family ties that bind them together during a meeting in Anguilla on May 13, with a high-powered St. Maarten delegation led by Deputy Prime Minister Theo Heyliger, which included Justice Minister Roland Duncan.

"These are indeed reasons for us to have a stronger and more structural relationship," Heyliger said. "There are many areas in which we can make our cooperation more functional and meaningful," he added, pointing to Princess Juliana International Airport as a sub-regional hub. Other areas include the possibility of joint marketing activities and the Tourism Statistical Information System (TSIS).

The St. Maarten delegation, which also comprised Angelique Roumou who represented Tourism Minister Franklyn Meyers, Director of Tourism Regina LaBega, and officials of St. Maarten Tourist Bureau as well as Peter Mazereeuw, gave a presentation on TSIS to the Anguillan authorities who were reportedly "very excited" about it.

"TSIS offers the opportunity to obtain psychographic information about visitors, which means not just their profiles, but also their behaviour patterns," explained LaBega. "There is an opportunity to build on the system and add Anguilla's inventory to it, thus being able to provide valuable information about visitors going to Anguilla from St. Maarten, information that would be important in attracting visitors by air as well as strengthening the hub facilities."

Providing residents and visitors of Anguilla "smoother entry" into St. Maarten was another major point of discussion at the talks. It was agreed that the process for visitors to Anguilla via St. Maarten needs to be simplified, and service needs to be improved.

St. Maarten needs to facilitate the immigration processing of in-transit visitors to Anguilla, which, according to the authorities of that island, sometimes takes visitors up to five hours waiting time. It was suggested that an in-transit line and an information desk could hasten the process.

Duncan mentioned the strategy of the immigration office at the Simpson Bay bridge staying open late to accommodate visitors heading to Anguilla via St. Maarten. The Justice Minister also revealed that the immigration process is already being worked on to allow, for example, Guyanese legal residents of Anguilla to travel to St. Maarten to shop, since St. Maarten is viewed as a shopping mall for Anguilla residents.

Another area of cooperation that was discussed was cooperative marketing, in particular, a US$ 90,000 joint venture with St. Maarten and COPA airlines to attract visitors from South America.

Furthermore, Anguilla demonstrated initial interest in cooperating with WestJet and Jet Blue from Puerto Rico in view of the loss of the American Eagle flight from the said market. However, it was noted that the increase of flights by Jet Blue should take the transfer in and out of Anguilla into consideration.

Also, the Anguilla government and private sector indicated their commitment to attending the 10th anniversary of St. Maarten Annual Regional Trade Show, SMART. This would be an opportunity for Anguilla to learn first-hand about the TSIS system and how it can enhance their individual products, Anguilla, and the sub-region, in general.

"I am very happy at the outcome of the meeting," Heyliger said. "Although we met on Friday the 13th, there was nothing scary or superstitious about the talks," he mused, adding that these were overdue and would be structured into a periodic consultation between the governments of these islands.

Heyliger had led a St. Maarten delegation to St. Barths on a similar mission a week earlier and explained that these meetings formed part of the government policy to establish a closer working relationship with our immediate neighbours, which would be beneficial to all parties. The Anguillan authorities applauded the initiative taken by St. Maarten and expressed confidence that it would yield concrete, positive results for both parties.

OTR Note: Anguilla is a Caribbean territory under the administration of nthe United Kingdom whilst Sint Maarten is a an autonomous country in association with the Kingdom of the Netherlands.

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Inter Virgin Islands Council Convenes to Discuss inter-territorial cooperation

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 First Meeting of the Council since 2006

Virgin Islands Government Press Release
Virgin Islands London Office

PREMIER O’NEAL AND GOVERNOR DE JONGH PLEDGE ONGOING TEAMWORK

Thursday’s meeting marked the first time Premier O’Neal and Governor de Jongh met in this forum. It created an open dialogue for both leaders and their senior government officials to share concerns and gain common ground in key areas confronting both territories including law enforcement, disaster preparedness, tourism, pleasure boating and sports fishing, cooperation on inter-island transportation of cargo and the commissioning of the new incinerator at Pockwood Pond.

Premier and Minister of Finance Honourable Ralph T. O’Neal, OBE and United States Virgin Islands (USVI) Governor John P. de Jongh, Jr. both dubbed the Fourth Meeting of the Inter-Virgin Islands Council (IVIC) held yesterday a cooperative and collaborative success.

Speaking at the opening ceremony, Premier O’Neal explained the relationship and ongoing dialogue between the territories signalled the unity of both governments and its people.

“I am pleased to welcome the USVI delegation, our good neighbours, and to have this important dialogue on issues that would make these two Virgin Islands a better place for all of us to enjoy,” he said. “With our cooperative willingness to work together, we can achieve much more.”

Governor de Jongh said the forum provides a tremendous opportunity for both counterparts to jointly determine the shared experiences, interests, challenges and commonalities of both territories and its people.

He said, “We are charged with building an economy that gives hope to our young people, comfort to our seniors, while providing tremendous opportunities that grow our two economies.”

Governor de Jongh added that creating unified strategic partnerships to attract larger communities is crucial for ensuring quality of life for all people in both territories.

In a brief closing ceremony, Premier O’Neal and Governor de Jongh signed a Memorandum of Understanding for fingerprinting and ballistic to strengthen cooperation in the area of law enforcement. Now both territories can engage in further intelligence sharing and monitoring of firearms trafficking.

Officials from the Royal Virgin Islands Police Force and the Virgin Islands Police Department said the relationships between both counterparts are “close” and “unshakeable”.

In closing Premier O’Neal said, “Today we have achieved something.” He added that reports from both sides have led to pledged cooperation and good friendship. “We have to make the Council work” so that people benefit from the collaborative decisions made, the Premier said. “He [Governor de Jongh] will push from his side, and I will push from mine.”

Both leaders shared that pooling resources, leveraging federal partnerships and formalising relations are important components for continued dialogue.

(Virgin Islands) Government’s delegation included officers from the Premier’s Office, Deputy Governor’s Office, Attorney General’s Chambers, Ministry of Health and Social Development, Solid Waste Department, Ministry of Natural Resources and Labour, Conservation and Fisheries Department, BVI Tourist Board, Immigration Department, Her Majesty’s Customs, Royal Virgin Islands Police Force, BVI Ports Authority and Department of Disaster Preparedness.

The USVI delegation included representatives from the Office of the Governor, Department of Justice, Virgin Islands Police Department, Department of Planning and Natural Resources, VI Territorial Emergency Management Agency (VITEMA), Department of Tourism.

The Inter-Virgin Islands Council was established following the signing of a joint memorandum of understanding (MOU) between the Virgin Islands and United States Virgin Islands in May 2004. The IVIC sets forth the framework for consultation and collective agreement between the territories. The fifth meeting is scheduled for May 2012 in the USVI.

Institute for Commonwealth Studies discusses modernised British colonial arrangements

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ONE DAY CONFERENCE

The United Kingdom Overseas Territories: Continuity and Change

Tuesday 17 May 2011

Chancellor’s Hall, Institute of Commonwealth Studies

School of Advanced Study, University of London

Programme

10.00‐10.15

Welcome – Professor Philip Murphy, Director of the Institute of Commonwealth Studies, and Professor David Killingray, Goldsmiths.

10.15‐11.45
First session – Governance and the UKOTs

The Coalition Government’s Policy towards the Overseas Territories (Ian Bailey, Overseas Territories Directorate, FCO)

An OT government perspective (Janice Panton, Chair of UK Overseas Territories Association)

An EU perspective (Paul Sutton, London Metropolitan University)

11.45‐12.00
Coffee Break

12.00‐1.30
Second session – Constitutional developments

Constitutional reform in the UKOTs (Ian Hendry, Constitutional Advisor,

FCO/Andrew Allen, former Head of Southern Ocean Team, Overseas Territories Directorate, FCO)

Constitutional change in the Dutch Caribbean (Gert Oostindie, KITLV)

Constitutional developments in the French overseas territories (sic) (Nathalie Mrgudovic, University of Aston)

1.30‐2.15
Lunch Break

2.15‐ 3.30
Third session – Economic and Financial Issues

Contingent liability or moral hazard after the Global Financial Crisis: Cayman, Westminster and global finance (William Vlcek, University of St Andrews)

Followed by a Q&A with representatives from the UKOTs

3.30‐4.45
Fourth session – Human Rights and the Environment

Building human rights capacity in the UKOTs (Vijay Krishnarayan, Commonwealth Foundation)

The Environment and the UKOTs (Iain Orr, UK Overseas Territories Conservation Forum)

4.45 END

This event has been made possible with the kind support of the Political Studies Association, the University of the West of England, Bristol, and the Institute of Commonwealth Studies.

Curacao Replaces former Neth. Antilles in International Table Tennis Federation (ITTF)

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 British Virgin Islands, Tokelau and Wallis and Futuna among new applicants

ITTF the second largest sports federation in the world of sports

by Michael McElroy

The International Table Tennis Federation (ITTF) is now the second largest sports federation in the world. This was as a result of the inclusion of five new members in the ITTF.

It has overtaken the International Federation of Association Football or Fédération Internationale de Football Association (FIFA) with 208 members. The ITTF has now 215 members in total and it is almost near to the world's largest sports federation that is the Federation International Volley Ball (FIVB) with a total 221 members.

Recently Mozambique, British Virgin Islands, Antigua and Barbuda, the Wallis and Futura Islands and Tokelau have recently sent applications for the membership. The membership of the Netherlands Antilles is now transferred to Curaçao.

The President of the ITTF Adham Sharara said, “My knowledge of geography has advanced a great deal”.

The ongoing World Table Tennis Championship has gained the attention of more than 300 journalists from around the World. The Dutch table tennis has never received that much attention from the world media. The publicity will play a key role in making the sport known on international platforms and to attract more youngsters to play the sport.

In the history of sport none of the federations have played any key role in bringing countries together to play on one platform. The ‘Ping Pong’ diplomacy has always worked. In November this year the ITTF will bring India and Pakistan, United States of America and Iran and South and North Korea to play together.

They will not be fighting a war, but will be standing united on the tables to play side by side for the international ping pong tournament. The International Table Tennis Federation (ITTF) along with the Sport Foundation are organising an international table tennis event at Doha, Qatar.

Prince Albert of Monaco, who is one of the members and ambassador of the Peace and Sport organisation, said, “Sport can play an important role in world peace. Look at this tournament; we have got India and Pakistan together and also North and South Korea.”

The membership of Kuwait is suspended by the Olympic Committee. However, the ITTF restored their membership with the federation. The World Table Tennis Championship was also to be held at Qatar, but the ITTF officials decided to hold it in Japan to support the disaster victims.

The ITTF is playing a major role in the development of players, federations and referees. The federation will soon become the top sports federation of the world.

Turks & Caicos Peoples Democratic Movement Rejects UK-drafted Constitution for the Territory

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THE PEOPLES DEMOCRATIC MOVEMENT POSITION PAPER ON THE PUBLIC CONSULTATION ON THE FOREIGN AND COMMONWEALTH OFFICE DRAFT CONSTITUTION FOR THE TURKS AND CAICOS ISLANDS

We, THE PEOPLES DEMOCRATIC MOVEMENT, REJECT the FCO draft constitution. Offered below are a number of reasons why it is unacceptable for our people and country at this stage of our development.

Background and recent history

The 2010 review of the constitution of the Turks and Caicos Islands comes from an unfortunate period of maladministration and corruption exposed by a far reaching Commission of Inquiry requested by our party for the good of the country.

The findings of the Commission were shocking, and it did expose numerous failings on the part of individuals in the last Government including individuals in the Foreign and Commonwealth Office and the Governor. Ironically, while the Commission was in oral hearings the Turks and Caicos Governor was still busy signing off on transactions where there was alleged corruption. The final report does not cite one constitutional failure as a cause for these alarming acts on the part of Ministers.

It must be pointed out that this was not the first Commission of Inquiry to be requested. If former Gov. Richard Tauwhare is to be believed, he also declared at a Chamber of Commerce meeting in May 2008 that he had requested the FCO to call a commission of inquiry as far back as 2005. This was during a period before the 2006 constitution was enacted in reality the Governor did have greater authority and responsibility to act and correct failures of the local Government at that time.

The FCO did not listen. What remains to be seen is whether the FCO will listen to the voice and wishes of the people to return our 2006 constitution or whether the FCO and its Ministers will turn a deaf ear towards our concerns on OUR constitution.

As for the information in the Commission of Inquiry the PDM stands resolute in our stance that “WE TOLD YOU SO” and can safely say that we did what was right during this period of maladministration unlike Governor Poston, Richard Tauwhare, Meg Munn and Leigh Turner who did what was wrong and ignored our concerns of corruption, and gross maladministration when they were brought forward and were summarily dismissed as lacking sufficient evidence.

The greatest obstacle to good governance and deterrent to sound financial management is a lack of hearing and adherence to the already existing laws of the Turks and Caicos Islands on the part of persons in authority. When this happens with locally elected officials we have a remedy at the polls through a General Election, but when this happens with UK officials at the FCO the people of the territory have no recourse and we suffer for years, sometimes even decades.

Even today the FCO is not listening to their own MP’s such as Andrew Rosindell and Lord Nigel Jones who have both warned that a constitution cannot and should not be forced on the people of the Turks and Caicos Islands. Even to this day the FCO has neglected to pave a path for DIRECT NEGOTIATIONS with the political parties on any change to the constitution as called for by our party and the British Parliament’s All Party Parliamentary Group on Turks and Caicos Islands, despite the precedent set during the 1986 suspension.

The FCO must remember that it has appointed over the years Governors and Attorneys General who have not served the interest of the people, but who served their own interest and broke the law.

The FCO cannot simply look at the last 8 years and try to impose a constitution on the people based upon this period but it must look back and honestly assess its own failings, gross neglect and incompetence in administering its constitutional obligations to the Turks and Caicos People and our territory, obligations that is has agreed with the world to uphold and move towards. Yet, in this FCO draft constitution the UK’s UNITED NATIONS obligations are being DISREGARDED. It is clear that the FCO is attempting to move the country backwards to an era of colonialism. It is seeking to extend temporary Direct Rule into permanent authority over the Government of the Turks and Caicos Islands through its proposed draft constitution. This is unacceptable and we utterly REJECT IT.

One of the measures being used to extend permanent authority over the Turks and Caicos people and their Government is by granting greater authority to the Governor under the pretext to correct failures of the past. The Governor would be granted the authority to:

1. reject the decision of cabinet,

2. make decisions contrary to cabinet; and

3. solely make appointments to public bodies.

Two cases come to mind that discredit this theory that granting greater constitutional power to Governors will avoid corruption or conflicts of interest. Specific examples arise namely Attorney General Terrence Donnegan and Governor Christopher Turner. These two such cases involve abuses of constitutional power. One was convicted and deported after the 1986 inquiry and the other left the territory in disgrace after granting special concessions to close relatives which ended up costing the Turks and Caicos Islands people millions of dollars to correct. The FCO and the British Government did nothing to pay for their mistakes. The people of the Turks and Caicos Islands cannot trust their constitutional destiny to a Governor with unchecked power and authority over the three branches of Government, the legislature, the executive and the judiciary. Our history has proven that Governor’s can and will fail to act with integrity and honesty in their decision making powers. This draft FCO constitution also grants the Governor unchecked power and authority over the institutions protecting the three branches of Government making him a complete and total constitutional dictator.

We have been down this road before where the level of incompetence and corruption in Government by locally elected officials coupled with the incompetence and neglect at the FCO has caused our country’s constitution to be temporarily suspended. We have equally been down the road where the imposed solutions to fix the equal failings of the locally elected Government and the FCO robs the people of their democratic, constitutional and fundamental human rights. We wish not to go down that road again as proposed in this draft constitution. Again, we respectfully REJECT IT.

In introducing the draft 2006 constitution for public consultation and debate Lord Triesman remarked, “The UK has only retained those powers, including for the Governor, which are – and will remain - necessary in TCI to ensure the implementation of international obligations; to protect itself against contingent liabilities; and to ensure good governance.” So what happened to the Governor and its constitutional ability to ensure good governance? Again, it was not the people or the constitution that failed. It was the individuals the FCO appointed who failed in giving the necessary attention to the Turks and Caicos Islands. The FCO now seeks to cover up its failings and problems by imposing an untenable constitution on an unwilling people. Again, we REJECT IT.

SPIRIT OF THE NEW CONSTITUTION IS AGAINST THE WILL OF THE PEOPLE

The fact is the FCO failed to uphold their responsibility to good governance, yet the people are being punished for it through a draft constitution that is regressive. This draft represents a major backward step for the people and the protection of their fundamental rights. Specifically, it has components that ignore the WILL OF THE PEOPLE as expressed through their representatives in our Parliamentary system of democracy. This document would eliminate Parliament’s authority on specific matters. The message communicated is one of distrust and suspicion. We can only conclude from the constitutional proposals that the FCO does not trust the people of the Turks and Caicos Islands to make sound decisions through their representatives and the mechanisms to make law because decisions can be overridden, limited and removed from Parliament’s ability to handle the country’s business. This is dangerous. Here are the points we make against the spirit of the constitution.

1. In this document, the tone is undemocratic allowing, for instance, the Governor to remain as he is now under direct rule; a constitutional dictator.

2. In this document, the constitution insults the will of the people by subjecting the principal of the sovereignty of Parliament to non elected bodies such as the Integrity Commission. Parliament cannot for instance set payment for its members.

3. In this document, the other partner, the UK, accepts and offers no constitutional scrutiny for their obligations to the people and their elected representatives.

All of the changes proposed can be dealt with in subsidiary legislation and not enshrined into our constitution. We do not accept any proposed changes that marks for constitutional regression.



Part I Section 1- 22 FUNDAMENTAL RIGHTS

The constitution SHOULD NOT BE SILENT ON TRIAL BY JURY

The constitution should not diminish the rights of people and must have a presumption for the right to trial by jury. We agree that all persons must be equal before the law. We accept that there may be rare occasions for the use of trial by Judge alone, however, the constitution cannot be completely silent least we have a greater situation develop of corruption in our justice system. The temptation will be there for the judiciary to have absolute power over the lives of our people. Our people are capable of making sound decisions and should not be shut out of the process and it should not be enshrined in our constitution. Our view is that the jury system provides a form of checks and balances on the justice system. Our history has proven that we cannot simply leave the matter of trials of persons simply up to the “system”. The people must have a voice and the jury system acts as the voice and will of the people in deciding whether or not persons should be convicted based on evidence. The system will become weakened if the constitution does not provide speak positively of a presumption to right to trial by jury. This right should not be unduly denied.

Definition of legal representative Section 22

In the interpretation section the issue of definition of what a legal representative is should be redefined to mean someone “admitted” to practice law in the islands and not simply someone “entitled” to practice law. The constitution could do harm to accused persons if for any reason that person is not admitted and cannot help the accused.

Lawful administrative action Section 19

When section 19 is read in conjunction with section 126 it raises the concern that the grant of Belongership is something that the FCO wants as a procedure and that if someone applying for Belongership feels they have been adversely affected that they can appeal. There must be no appeal when a person applies for Belongership and is denied. Belongership is not a right. It is discretionary, and as this constitution conceives, it is based upon the views of a commission of Belongers who would have considered the issues.



Part II Section 23-29 The Governor


INCREASING THE GOVERNOR’S POWERS ARE WRONGLY ASSUMED TO BE THE SOLUTION TO BAD DECISIONS MAKING

The constitution rewards the British Government through their Governor with increased and advanced powers when the truth is that the FCO and the Governor was culpable in causing the crisis that now exists. Richard Tauwhare made this known when he publicly announced before he departed that he had requested a commission of inquiry into Government corruption in 2005 but his request was rejected by the FCO at the time. In 2005 most of the allegations of corruption had not occurred and had this request by former Governor Richard Tauwhare been granted the people could have avoided this painful episode of the Interim Government.

29 (2) b. The governor has veto power and can ignore the will of the people. We reject it. The Statement of Governance principles can be best be described as a set of moral and ethically values that will be interpreted by The Governor to impose yes or no decisions on a Government elected by the will of the People. The Governor will sit not just as a constitutional dictator but a constitutional JUDGE. This concept is completely foreign to any parliamentary democracy. Besides, we have had Governors; such has Mr. Poston who has been a complete and total moral failure according to the morals and values of the Turks and Caicos Islands people. The will of the electorate cannot be subjugated to this type of bizarre constitutional arrangement.


Section 28 STATEMENT OF GOVERNANCE PRINCIPLES

We reject the Statement of Government principles. This section is completely against the will of the people. The Governor cannot sit as a constitutional judge and dictator. This represents constitutional regression. It also speaks to the attitude that the FCO has toward the territory. As if the FCO and the Minister does not want to be bothered with serious decisions that the Governor has to take when history shows that the Minister must and should take an interest in the matter that the Governor raises to avoid the situation that we now find ourselves in. This is a recipe for chaos and uncertainty. We are now in a period of uncertainty and it has resulted in disastrous results for the people of the TCI. The provision for the governor to act contrary to the advice of Cabinet in an area of ministerial responsibility is contrary to the principles of parliamentary democracy. This has to change. The Governor’s powers should be limited to his reserve responsibilities. If HMG would like to increase the reserve powers of the Governor that is another matter but there has to be a clear line between local Government and HMG responsibility for oversight.

Section 25 The DEPUTY GOVERNOR


The deputy Governor must constitutionally be a Belonger without exception. The clause allowing the Governor to act contrary to this based on his or her opinion is wrong and we reject it. Additionally, there must be consultation and move towards advice of the cabinet on the choices that the Governor is considering for deputy governor.

THE EXECUTIVE PART III

Section 31 the Cabinet

The size of the cabinet must not be reduced. This is regressive. We reject any change to it. The size of the cabinet has not been proven to be the cause of any corrupt act.

Section 37 Governor’s special responsibilities

The special responsibilities of the Governor need to be seen as being taken on by a Minister of Cabinet to promote and enhance political development. Therefore we believe subsection (3) should simply mention that the Governor may delegate after consultation with the Premier any responsibility of section 37(1). We reject the notion that some of the Governor’s reserve power cannot be delegated to a Minister. If the Turks and Caicos Islands are to develop politically then a Minister must be seen as being competent and trustworthy in the constitution, if not in deed, to administer these responsibilities.

SECTION39 (5) Proceedings and quorum in Cabinet

The Governor should not be allowed to unilaterally publish information without consultation of the cabinet.

Section 41 Attorney General

Since the Attorney General will be the principle legal adviser to the Government his appointment should be subject to the advice of cabinet not in the Governor’s sole discretion.

THE LEGISLATURE PART IV

MAKE UP AND SIZE OF THE HOUSE OF ASSEMBLY


The Legislature consists of a single House of Assembly. For accountability and transparency reasons, it is important for the size of the Parliament to be larger than 15 Members. We recommend that the 19 members remain as is. In order for the committee systems to be effective, there has to be sufficient members to select from to be on committees. In addition, the rules of the Standing Orders of the House of Assembly have to be amended to allow the opposition to have majority members on certain watchdog Committees. Again, the size of the House of Assembly has not been proven to be the cause of any corrupt act.

SECTION 45 (1) THE ELECTORAL SYSTEM

The proposal to change the WAY MEMBERS OF THE HOUSE OF ASSEMBLY ARE ELECTED IS COMPLETELY REJECTED. This voting and election system as many drawbacks including:

1. It is completely foreign to the voters in the TCI and will create confusion in the minds of voters. This will lead to lower voter participation. Each voter has two set of ballot to mark; the election of the island member and nine other persons from a list of quite a number of candidates is alien to the people and will cause a great delay in the balloting process. This process will be overly consuming. Many people turn away from the polls now because of the waiting time where only one choice has to be made. Many will refuse to wait and leave before voting. This runs counter to the system of Parliamentary democracy and the outcome will not be the settled will of the people.

2. This system will usher in a period of lack of accountability by elected members to the population because he or she will have no set constituency, no one to answer to or no cause to fight for. Is this the desired outcome where there is no one to whom the people can call on in case of need?

3. We feel that there has to be a better system that works to bring about a bicameral system with some form of proportionality while maintaining some semblance of geographic cohesion produced by defined constituencies.

4. This system potentially produces nine people pulling in 9 different directions without a cohesive plan will ensure that the Governor has the ultimate authority over decisions of cabinet if there was a coalition Government. This will return the Turks and Caicos Islands back to unfettered colonialism.

5. Provides for disenfranchisement because different communities will not have any one specific representative to address their concern.

6. Against the fundamental rights of organizations to organize and contest elections.

7. This system will pit Political party members against each other vying for votes.

8. The system is designed to kill the party system under which we have enjoyed all of our advancement.

Section 48(1) Declaration by candidate for election to House of Assembly

The legal fees associated with a candidate having to defend him or herself against court action must be borne by the judicial system and not the candidate. This can amount to a serious impediment to candidates.

Prorogation and dissolution

Section 55(1) The Governor cannot be in a position to unjustifiably deny the Premier the right prorogue the House of Assembly. This is against all conventions of Parliamentary democracy.

Section 55(2). The Governor cannot be in a position to unjustifiably deny the Premier the right to dissolve the House of Assembly.

Section 59(1) This section allows the Governor to deny the House of Assembly the approval of the Standing Orders by giving him the authority to approve or disapprove the standing orders acting in his or her own discretion. Alarmingly, this is one change that is not highlighted by The FCO, even though it is added in at the end of the paragraph. This violates again the principle of Parliamentary Sovereignty.

Part VII INSTITUTIONS PROTECTING GOOD GOVERNANCE

WATCHDOG INSTITUTIONS

The main watchdog institution is the Official Opposition. The draft FCO constitution seeks to deny the Government and Opposition from appointments to these bodies. This is wrong and we reject.

The integrity commission should not have the constitutional power under Section 120 of the constitution. Again, this insults the convention of Parliamentary Sovereignty. The people elect representatives to make decisions on their behalf. The Integrity should not have the role of expressing its opinion on what is a lawful salary for a Member of Parliament; that role is for the Government and the other members of the House. The Integrity Commission should not be makeup of an equal number of members as is recommended in Section 98(1).

CROWN LAND

The cabinet should have the determination of disposal of crown land, if the Governor feels otherwise then he should notify the house of assembly to have the matter debated by elected representatives of the people. Crown land should only be disposed to Belongers or a scheme involving direct Government ownership in the land. This draft constitution introduces a system of legal maneuvers to allow the Governor to grant land in his sole discretion. We reject it.

Sec 105 PUBLIC FINANCIAL MANAGEMENT

This section may cause the Government to face two political campaigns, one before taking office and one after during the consultation on public finances. In general, these provisions should be placed in subsidiary legislation and not form part of the constitution.


Section 118 THE NEW COMMITTEE SYSTEM

The public accounts committee does not reflect the numerical strength in the House of Assembly and does not hold the Government to account because it lets the committee co-opt members who will be chosen by majority. This debunks the theory laid out by Sir Robin Auld that it was the committee system that failed. The proposed Public Accounts Committee system will result in the Government having authority over that committee. It limits the Official Opposition to the chair and not the numerical strength of its membership of Parliament.

APPOINTMENTS MADE BY ADVICE OF PREMIER AND LEADER OF THE OPPOSITION

Where there is to be an appointment to the PSC, JSC or any other public body it should explicitly state who the Governor should take advice or consultation from i.e. one appointment after consultation with the Premier and one appointment after consultation with the leader of the opposition. Consider section 82(2) (b). This can create confusion and the Governor can use it to his advantage not to make specific appointments. The draft constitution robs the Premier and Leader of the Opposition with the authority to make appointment by advice to the Governor and moves all appointments to a system of consultation of which the Governor is not bound to accept. This is extremely regressive.

Section 126. BELONGERSHIP

We reject this system proposed because it transfers control of who is granted Belongership to the British Government and not the Turks and Caicos People. The only persons who could be seen as being granted Belongership are the persons whom the British Government will deem acceptable. This is prejudicial and robs the Turks and Caicos people of controlling who it allows into the country. We have to ensure that, procedurally, the grant of belonger status is not automatic. When combined with Section 19 it may take the will of the grant of Belongership out of the hands of our people. The FCO seems to be saying if they cannot enlarge the voting franchise then the people of the Turks and Caicos Islands will not be able to grant Belongership except it is someone the Governor approves of.

A BRIEF DISCUSSION ON THE UNITED KINGDOM’S OBLIGATION TO THE UNITED NATIONS ON BEHALF OF OUR COUNTRY

In exercising its remit in the Turks and Caicos Islands the FCO should be concentrating on fulfilling its commitment made to the rest of the world in the United Nations charter.

The UK will argue, wrongly, that it is not bound by International obligation as former FCO Minister, under the Labour Government, Lord Triesman pointed out in his speech to the Turks and Caicos Islands on April 24 2006, he said “In this context, it might be helpful if I set out the UK position on alternative forms of relationship, some of which I know have been discussed here in TCI in recent weeks. UN General Assembly Resolution 1541 set out some options for the relationship between Administering Powers and Territories, including independence, integration and free association. The UK did not vote in favour of that resolution, and does not regard itself as bound by it”.

However, we are eager to point out to the FCO that not being bound to 1541 does not mean there isn’t still an obligation to Turks and Caicos Islands under the UNITED NATIONS Charter. The text of Chapter XI of Article 73 paragraph A and B of the United Nations Charter DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES reads, “Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:

1. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;

2. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;

Clearly, if we are to hold the British Government to account for their role in helping the Turks and Caicos Islands and our people with achieving any measures of advancement the grade would be low. The fact is this exercise of constitutional change is counter and opposite to the obligations that the UK Government has agreed to the world to uphold with regard to Turks and Caicos Islands. We reject it and will continue the work on drafting a constitution for the people of the Turks and Caicos Islands.

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Another prominent member resigns from Turks & Caicos 'consultative forum'

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Seymour quits forum

 

by Gemma Handy

Turks & Caicos Weekly News

 
LIME chief Drexwell Seymour has become the latest person to quit the fractured consultative forum – weeks after the body erupted amid budget drama. Mr Seymour told the Weekly News that the blow-up in the aftermath of the forum’s axed April 5 meeting had been the final straw.Sparks flew when six forum members, including Mr Seymour – infuriated over the tardy receipt of vital relevant documents – refused to attend a scheduled budget debate.The meeting was subsequently rendered inquorate and the budget controversially passed without forum input.It is not the first time forum members have taken umbrage over the late delivery of paperwork with some accusing the Government of paying lip service to the body.
 
The telecoms boss has been replaced by 61-year-old Mac Motors businessman John Phillips.It is the latest shuffle within the embattled forum established in 2009 to act as a go-between for ordinary Islanders and the interim administration.Initial chairman Carlos Simons stepped down in March last year to be replaced by former teacher and Cancer Foundation president Lillian Misick. Erstwhile Chief Secretary Cynthia Astwood and pastor Courtney Missick were appointed as inner tensions continued to rumble.
 
Mr Seymour revealed he had been poised to bow out of the forum on two previous occasions but had been asked to reconsider by the Governor.“What really pushed me to do it this time was the whole process with the budget hearing. I told the Governor that was the burning point for me.”He said while he enjoyed the opportunity to take part in debates and had found the forum to be a “rewarding experience” he had grown increasingly frustrated with how the organisation’s role fitted into the interim administration’s operations.
 
“We would debate Bills and other matters but we would never see the end result.“Whenever we make recommendations we never know what’s happened to them, whether they were accepted or not, we get no feedback.”
 
Mr Seymour said it was crucial to ensure forum members were given enough time to prepare for debates and were equipped with the necessary paperwork well in advance. “Another thing we could do as a forum is better communicate with the public by holding public meetings before a Bill is to be debated.“I would personally seek people’s views by calling them up. It could be done better on a public basis and then we can go back and say this is what people think.”He added that he had received mixed feelings from the community following news of his departure.“Some have said they are disappointed and that I should not have given up.“Others have congratulated me.
 
”Governor Gordon Wetherell expressed “regret” over Mr Seymour’s departure and said he had been “grateful” for the businessman’s input to the forum.During his tenure, the LIME boss has striven to represent business people in the TCI. Last year he implored the Government to urgently review stevedoring charges which he said were stifling local enterprise.He also initiated a ‘buy local’ campaign after conducting a Provo-wide survey of firms who said they were losing out due to Islanders shopping for goods and services overseas.Fellow forum member, Sharlene Cartwright-Robinson, said Mr Seymour’s exit left a “void”.“His accounting background coupled with being a major player in the private sector was an invaluable asset. “I know he did not take this decision lightly and I salute him for his contribution made whilst there.”The outspoken attorney, who has often been vocal against the Government’s seeming disregard of the forum, said the organisation’s role needed to be reviewed.
 
“After two years maybe it needs to be assessed as to whether it remains useful in its current form or whether we as members are making sense in our role. “I believe the forum can be of greater use to the people of this country in this period and more importantly in ushering us into a period where we see the return of elected representatives. “It must be seen to be one of the institutions preparing for this return by practising transparency, honesty and integrity.
 
”She continued: “There are many who remain who still have the best interests of the country at heart and I serve for no other reason than to speak up on what I believe is in the best interests of us as a people. “Whilst it may not always be popular for many to be on the forum, I believe it can be made more useful. I will not be distracted or discouraged on this path.”Ms Cartwright-Robinson revealed she had come under pressure to quit following her decision to boycott last month’s budget debate.“Persons have called on me and other colleagues to resign because we felt it best to adequately prepare for the budget session. “I do not think I was wrong for wanting to do my best and if I am fired for this (as some have called for), then and only then will I bow out and I will do so gracefully with a clear conscience knowing that I served honestly and to the best of my ability.
 
”Forum chairman Lillian Misick declined to comment on Mr Seymour’s departure at the present time.

Turks & Caicos Political Leader wants referendum on Constitution drafted by UK for the territory

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TCI Sun

Progressive National Party (PNP) Leader writes UK calling for referendum on Constitution

Clayton Greene, Leader of the Progressive National Party (PNP),  has written the United Kingdom (UK) Government calling for a referendum on the proposed changes to the voting system in the Turks and Caicos Islands (TCI) and all other controversial aspects of the constitution. The following is the full text of the latter which Greene, an attorney-at-law and former Speaker of the House of Assembly, wrote to Mr. Henry Bellingham, Parliamentary Under Secretary of State Foreign & Commonwealth Office:

Dear Minister Bellingham:

Just one week ago today, the United Kingdom had its Alternative Vote Referendum where Britons in their millions took to their local polling stations to inform the government that they did not wish to change the “first past the post” electoral system currently in place. Forty five million people across England, Wales, Scotland, and Northern Ireland were given the opportunity to express their individual position on so fundamental an issue as the system used to elect representatives to their Parliament.

At the same time in these Islands, an Overseas Territory of the United Kingdom some thirty two thousand persons are denied an opportunity to do the same.

For all the blatant disregard of the wishes of the Turks and Caicos people by the Foreign Commonwealth Office (FCO) over the last two years; for all the feeble, insulting and deceptive ‘efforts’ at inclusion that never seem to place value or give any credence to the impassioned and unanimous pleas of Belongers; nothing so far has been as unashamedly despotic and gravely unacceptable as the recent announcement that the FCO will not conduct a public constitutional consultation meeting in Providenciales, but will broadcast a televised call-in show allowing interested persons to ask questions.

The approach of the FCO to the Turks and Caicos Islands and its characteristic lack of democratic process are in stark contrast to the approach of the British Parliament to its citizens at home. It cannot be suggested that the people of the Turks and Caicos Islands deserve any less than the 45 million Britons.

The United Kingdom held the referendum not because they were unsure of the outcome; the polls having already predicted the outcome with statistical certainty; but rather because they understood that on issues that are as constitutionally far reaching as changes in the voting system representative democracy is not good enough – each man must in those circumstances exercise his individual voice.

The proposed constitution not only threatens an equally fundamental change to the voting system in the Turks and Caicos Islands but further, marginalizes the vote of the Belonger population and the constitutional authority of representatives in their Parliament to such an extent that we must question whether under the proposed regime we would in fact still have a representative democracy.

The FCO, led by the British Parliament has been unashamedly hypocritical in denying the people of these Islands the referendum. Of the 36,000 people that make up the population of the Turks and Caicos Islands, 23,000 reside on the island of Providenciales. It takes a great deal of effort and an exceptionally wild imagination to wrap one’s mind around the idea that the FCO could accurately determine public opinion on the various controversial proposals without holding at least one public meeting in Providenciales.

When Turks and Caicos Islanders most desire and deserve a representative, responsive and transparent government that incorporates their opinions into the decision making processes, they get instead an administration that is patently out of touch, demonstrably insincere and single-minded in its desire to exclude Turks and Caicos Islanders from any meaningful participation in the decisions that impact most profoundly their future.

For Democracy’s sake I call on the FCO to reconsider its position and not deny the residents of Providenciales an opportunity to participate publicly in the consultations.

Moreover I call on the British Parliament to govern the Turks and Caicos Islands with the same creed and code that it governs its citizens at home and allow a referendum on the voting system and all other controversial aspects of the constitution as proposed. The proposed constitution is revolutionary.

A revolution that is against the expressed will of the people is dictatorial. A referendum is the democratic response not only in the United Kingdom but in the Turks and Caicos Islands as well.

U.S. Report: Pacific Associated States vote most with United States at United Nations General Assembly

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Palau tops in supporting U.S. in United Nations Voting

Island Times

Palau is the number one supporter of the United States in voting on international issues before the United Nations.This is according to the US State Department which released its annual voting confidence record (last) week.

"Palau is the number one friend of the US, ahead of everyone, including Israel. We overtook Israel this year," Palau Ambassador to the United Nations Stuart Beck confirmed from New York. Palau’s overall voting confidence is 96.5 percent, followed by the Federated States of Micronesia at 94 percent, Israel 91.8 percent and the Republic of the Marshall Islands at 81 percent.

The overall member states average was 41.6 percent. "It is worth noting that Afghanistan and Iraq only voted with the US approximately 35 percent," Beck added.

Of the 15 important votes identified by the US, all three freely associated states and Israel voted the same, differing from the US only the question of the death penalty, in recognition of their constitutions.

That is in contrast to the overall member states average on the same 15 important issues of only 51.1 percent.

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Relevant Excerpts

Compact of Free Association

Marshall Islands

Section 123

"(a) In recognition of the authority and responsibility of the Government of the United States under Title Three, the Government of the Republic of the Marshall Islands shall consult, in the conduct of its foreign affairs, with the Government of the United States."

Compact of Free Asociation

Federated States of Micronesia

Section 123

"(a) In recognition of the authority and responsibility of the Government of the United States under Title Three, the Government of the Federated States of Micronesia shall consult, in the conduct of its foreign affairs, with the Government of the United States."

Compact of Free Association

Republic of Palau

"In recognition of the authority and responsibility of the Government of the United States under Title Three, the Government of Palau shall consult with the Government of the United States. The Government of the United States, in the conduct of its foreign affairs, shall consult with the Government of Palau on matters which the Government of the United States regards as relating to or affecting the Government of Palau, and shall provide, on a regular basis, information on regional foreign policy matters."

Wheatley Joins Virgin Islands London Office

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Author of several  in-depth analyses on Caribbean sustainable development

British Virgin Islands London Office

The Director of the British Virgin Islands London Office is pleased to announce the appointment of Eleizer “Benito” Wheatley to the Political and Public Affairs position at the London Office effective 1st March 2011.

Wheatley who holds a Master of Arts Degree in Political Science with an International Affairs concentration and a Bachelor of Arts Degree in Political Science is expected to assist the Director with analysis of United Kingdom and European Union domestic and foreign policy; to identify opportunities to advance BVI interests in the UK, Europe and as otherwise required; and to keep abreast of international and domestic issues affecting the Virgin Islands as well as the long term strategic interests of the Territory in order for the BVILO to adequately advise and inform the Government of the Virgin Islands.

‘A son of the soil’, Wheatley is no stranger to international relations. He has a decade of experience in International Affairs and has held positions in the Financial Industry Regulatory Authority (FINRA), Winrock International, and Southern Center for International Studies and has also worked on a number of projects
for the World Bank, Institute for Caribbean Studies and Foundation for Sustainable Development.

“At such an important point in the development of the EU and of the EU/OCT relationship this position is critical in the day to day operation of the London Office as it seeks to advise the Government of the Virgin Islands on the current and impending issues that affects us as a territory,” says the Director who is confident
that Wheatley will provided the needed support in this area given his training, experience and passion for the subject.

Mr. Wheatley... join(ed) the BVI delegation to the annual Overseas Countries and Territories Association (OCTA) Ministerial Conference and the OCTA-European Union (EU) Forum... held in Noumea, New Caledonia, from 28th February to 4th March as one of his first assignments.

“I am anxious to get started and to make a valid contribution to the London Office and to the Virgin Islands, my home,” Wheatley said in regards to his new appointment.

See: Positioning the British Virgin Islands in the New Global Economy

       Global Economic Slowdown and Economic Security in the British Virgin Islands

Unfold Rapanui: Reporting the Underreported

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Māori Television’s Annabelle Lee-Harris spotlights Rapanui’s fight for land rights

By LEE-ANNE DUNCAN

Their words are difficult to make out but their message is clear – Give us back our land. Give us back our Rapanui.

The rising sun shoots a golden glow over Rapanui. The moai, huge stone human figures for which Rapanui is world-famous, throw long shadows down the ancient hillsides, towards the foaming Pacific. This is the image of Rapanui, of Easter Island, depicted in the tourist brochures; a tiny, peaceful, archeology-rich island at the far eastern tip of the Polynesian triangle.

Amateur video footage shows another Rapanui; a Rapanui that’s not in any promotional material. T-shirted or bare breasted men stand face-to-face with flak-jacketed Chilean paratroopers. Their sticks are no match for troopers’ pellet guns. Their traditional feathered headdresses offer none of the protection afforded by the Carabineros’ helmets. Their words are difficult to make out but their message is clear – give us back our land. Give us back our Rapanui.

Annexed by Chile in 1888, during its contact with Europeans this island’s slender population endured slave raiding, disease, deforestation, and colonization. The Rapanui people also endured having their sustainability stripped when the Chilean government leased the entire island to the Williamson-Balfour Company as a sheep farm in the late 19th Century. Following that, the agrarian Rapanui were herded into Hangaroa, the only town, forbidden from venturing out without permission.

The Chilean navy took over the island’s management in 1953, but the people were forced to remain in Hangaroa until 1966 – a mere 45 years ago.

When I saw a small story pop up on the Internet about the Hitorangi family’s occupation – or repossession – of their land, I knew we had to go.

This is the story Annabelle Lee-Harris, from New Zealand’s Māori Television, traveled more than 7,000 kilometers to cover. In November 2010, she and cameraman Ethan Smith flew to Rapanui to report on the Indigenous people’s fight for the return of their land. In particular she focused on the Hitorangi family’s ongoing dispute over its ancestral land that the Chilean government took from them. Following its appropriation, in breach of its own laws, the government sold their land to a third party—that land now boasts a multi-million dollar, German-owned hotel – but the land’s original owners are not welcome there.

To force their claim, the family peacefully occupied the hotel on Aug. 1, 2010. Over the six months they were in the hotel, the family endured on-going confrontations with armed Chilean forces, who were transported to the remote island to quell rising tensions. The clan was eventually removed from the hotel by armed Carabineros on Feb. 6, 2011.

“I’ve always wanted to go to Rapanui,” Lee-Harris said. “We’re so close culturally, and I’ve always been intrigued by the island. Rapanui doesn’t get a lot of international media attention, but when I saw a small story pop up on the Internet about the Hitorangi family’s occupation – or repossession – of their land, I knew we had to go. Going all that way was a big financial commitment to make, and there was always a chance we would have our cameras confiscated at the airport, but this story was too important to ignore. It’s such an intrinsically Māori story – for Māori across the Pacific – and Rapanui’s story deserved to be told.”

Lee-Harris says she was struck by how similar New Zealand Māori are to the Rapanui, and loved how she could have a conversation in the Māori language with the locals. She was also struck, and saddened, by how similar their two situations were.

“When I was writing the script for Rapanui, I felt it was a cut and paste job from what land issues Māori had experienced and are still experiencing,” she says. “They are facing exactly the same problems Māori in New Zealand are facing. For example, there as here, the government has stepped in to try to sort out land issues, but in many cases it’s created more problems than they solved, with the land being given to the wrong families.

“But one thing that stood out for me was how the Rapanui stand together so staunchly. Even if privately they disagree on how an issue should be handled, in public they are 100 percent united. There is no ‘divide and conquer’ on Rapanui. Whatever issues there are between families, they stand united in the face of the Chilean government and are a force to be reckoned with. I think Māori in New Zealand could learn something from that.”

And it’s not only land that’s the Rapanui are denied of. Indigenous Rapanui now represent only 50 percent of the island’s population of 5,000. The rest are made up primarily of Chileans who immigrated to the island, taking most of the jobs at either end of the pay scale, cutting opportunities for the Rapanui.

But it’s the latest Chilean influx that has the Rapanui most fearful – the armed police who now patrol the streets.

“As New Zealanders, it was freaky for us to see armed police on the streets, so for the Rapanui it is really terrifying,” Lee-Harris said. “The Chilean police had shipped and flown in literally hundreds of Carabineros and paramilitary troops, so they create a very sinister and scary presence on the streets. We knew we had to get shots of them, but we had to be pretty subtle about it. To do that, we’d lock the camera off, press record, and then pretend to be chatting away to each other and not recording. It worked very well.”

Luckily for Lee-Harris, Santi Hitorangi – who spearheads his clan’s claim – is a filmmaker, and had left cameras for his family to record any disputes with the police. It’s this video, which he generously allowed Lee-Harris to use, that so dramatically shows how heated the situation has become.

“After we got back to New Zealand, and only two days before my story went to air in November, there was a significant standoff between the military and the Rapanui,” Lee-Harris said. “Several Rapanui were shot by pellet guns at close range, and many people were hurt. I was so thankful we’d already gone there, and had the exclusive inside view of what was really going on.”

The Hitorangi’s story is also being fought in the courts. They have a case before the Inter-America Commission on Human Rights (IACHR) and have a lawyer from the Indian Law Resource Center in Washington DC to help them right the wrong. In fact, on Feb. 7, 2011, the day after the Hitorangi clan was evicted from the hotel, IACHR granted precautionary measures to immediately stop the violent use of armed forces against the Rapanui clans, and began an investigation into recent events on the island.

Lee-Harris’ finished story ran for 17 minutes – almost twice as long as stories usually run on Māori Television’s Native Affairs.

“I knew it was really important to make the story also as visually beautiful as possible,” she says. “Despite – or perhaps because of – its history, Rapanui is such a gorgeous place. Ethan Smith did a fantastic job of capturing the essence of the land and its people, and that meant some very early starts and late nights. We came back with eight hours of footage, which our editor Todd Mohi had to rifle through for the best images and craft them into this beautiful piece.”

Lee-Harris says Rapanui is such a special place because it has survived so much; slave raiding and disease reduced the population to only just over a hundred in the late 1870s. The Rapanui has had to fight their way back while retaining their culture.

“It was hard to leave Rapanui, and I was incredibly sad to go,” Lee Harris said. “I desperately want to go back, and I would love my children to come to Rapanui. It’s so exhilarating to see a tiny island band together and stand up to a huge country and strong government like Chile, all in the face of troops and guns and terror. They are an inspiration.”

“Māori across the Pacific might be separated by ocean and time, but for us the ocean doesn’t keep us apart, it connects us.”

It was hard to leave Rapanui, and I was incredibly sad to go. I desperately want to go back, and I would love my children to come to Rapanui … They are an inspiration.

ENDS

Lee-Anne Duncan is a freelance writer based in Wellington. She has worked as a broadcast journalist, and a public relations and media consultant in both New Zealand and the UK.

Annabelle Lee-Harris (Poutini Ngai Tahu/Ngati Kahungunu) has been a journalist for 10 years. She started her career as a radio reporter for the Ruia Mai News Service. Lee-Harris is the longest serving member of Māori Television’s news and current affairs department, having been with Māori Television for seven years. She has worked on Te Kāea, Te Hēteri, and is now a reporter and associate producer for Native Affairs.

Former Turks & Caicos Minister Denounces treatment by US Immigration Officials

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Official was delayed at apparent behest of UK

   

Former Minister searched at Miami Airport 

 

Turks and Caicos Islands Sun

 

McAllister Eugene Hanchell, a former Government Minister under the Progressive National Party (PNP) in the Turks and Caicos Islands, was detained for about an hour and searched, at the Miami International Airport on Thursday May 5, 2011. He was not arrested. Hanchell, who is also known as Piper, said airport authorities told him they had reports that he was travelling with more than $10,000.

The following is the full statement from Hanchell:

“On May 5th 2011, I departed Providenciales, Turks and Caicos Islands on AA flight no. 1594 via Miami, USA en-route to Norfolk, VA, on AA flight no. 3523 for the purposes of visiting my oldest son Fabian Hanchell listed in the Navy of the United States of America before his 6 month deployment to defend his great Country, USA.

Upon my arrival two (2) uniformed male United States Border Control Officers were checking each passenger’s passport upon disembarkation from AA flight no. 1594.  When I presented my documentation I was asked to accompany the officers.

During my walk to be processed at Immigration I noticed two (2) non-uniformed officers a male and female all wearing identification badge joining us.

Immediately, after I was processed through Immigration accompanied by four (4) officers we walked downstairs where I was processed at Customs.  There I asked what this was all about, after travelling to the United States of America for more than half of my life this process is unusual. 

I was told by the officers that that they are advised from Providenciales, Turks & Caicos Islands that I am a suspect of bringing $10,000.00 or more  concealed in my carry-on luggage and was asked if I ever brought that amount of cash or currency otherwise into the United States of America, My reply was no.

I was asked to take everything out of my pockets, which was approximately $1,500.00 in cash, a telephone, a pen and a credit card holder.

An officer began to search my bag and halfway through the search he advised me that I can put the cash in my pockets and leave the remaining items and proceed with the other officers to a room inside the general customs area for a few questions.

 I replied to the officers that I reserve my right to be present while my bag is being searched. They continued the search in my presence and then closed the bag.  I was asked if my telephone is unlocked, I said yes. Then they kept my telephone, Credit Card holder and Travel Itinerary and proceeded to a room within the general customs area.

I was asked the same questions as mentioned above, (and) shortly thereafter was told to remain in the room while they processed this information.  They later returned to the room to inform me that they made a few phone calls and were waiting to hear from their sources. Shortly thereafter they returned for a second time and said that I checked out and that I was free to go and good luck to my son in the US NAVY.

My reply to them was to tell the BRITISH TO GET OFF MY BACK! The officer said they cannot reveal their source but smiled at me.  Here I took the opportunity to tell the Officers that it is public knowledge that I am former member of the Government of the Turks and Caicos Islands, where there was a public commission of inquiry into allegations of Corruption commissioned by one white retired British Judge who further recommended a Criminal Investigation which is currently ongoing.     

I was told that whenever I travel into the USA again I may be subjected to the same checks. I offered my Telephone number and asked for the officers number in return so that I can inform them myself of my travels to the USA because I have nothing to hide. The officer told me not to worry because they will know when I am travelling. The entire ordeal took no more than one (1) hour and never at any time was I arrested. I flew to Virginia Beach, VA as scheduled and I’m having a wonderful time with my oldest son.

I write the above for the sake of completeness because we live in a culture of rumors and to mainly expose the British occupation for their Harassment in the Turks and Caicos Islands towards Turks and Caicos Islanders and their continuous attempt to embarrass us all.

I would like to take this opportunity to inform all of our Citizens that our Country is being re-colonized by the British, who continue to use former elected Politicians as their conduit. I for one will not be used and will expose them every opportunity I have. 

This is not the first time they ( THE BRITISH) have tried to intimidate me, they have intervened the banking credit processes and prejudice the Physical Planning Board Process as it relate to me. However I remain confident and not afraid.  I am a victim of Political exploitation by Britain in a modern day coup d’état, re-colonizing and marginalizing of the Turks and Caicos Islands and its people for their now obvious occupation and control of our Country.

Sint Maarten Unions call for Emancipation Day holiday

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Unions re-iterate call for an Emancipation Day holiday

Daily Herald

~ To send letter to Govt ~

PHILIPSBURG--St. Maarten Chamber of Labour Unions WICLU has re-iterated its call for Emancipation Day, observed each year on July 1, to become a public holiday in St. Maarten.

WICLU President Theophilus Thompson said the Chamber would be sending a letter to government re-iterating its call this week.

Culture Minister Rhoda Arrindell as well as government officials in previous Executive Councils of the former Island Territory of St. Maarten had backed the idea of Emancipation Day becoming a public holiday.

Thompson: "We know already that the minister of culture and education earlier this year had said she supports Emancipation Day becoming a public holiday. It's nothing new coming from government, because before St. Maarten attained its new status, that was also talked about by previous Executive Councils at that time, but we would now like to see it become a reality this year.

"If it becomes an official holiday, then definitely July 1 would be celebrated as such and we will step into this reality." Thompson said the Chamber of Unions had taken a decision to back Emancipation Day becoming a public holiday several years ago and sending a letter to government was just following up on that commitment.
The Chamber of Labour Unions comprises six unions: Windward Islands Federation of Labour (WIFOL), Windward Islands Civil Servants Union/Private Sector Union (WICSU/PSU), Windward Islands Teachers Union (WITU), St. Maarten Communications Union, Windward Islands Health Care Union Association (WIHCUA) and the Association Staff Employees of GEBE.

Unions in St. Maarten have been lobbying for Emancipation Day to be declared a National Holiday for years, because of its historical significance.

British to hold public consultation on its proposed constitution for the Turks & Caicos Islands

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UK Foreign and Commonwealth Office to hold public consultation on its proposed constitution for the territory following suspension of democratic governance in  2009.

FCO to hold public consultation on Constitution

fp Turks and Caicos

Written by fp staff

A series of public consultation meetings on the draft Constitution will take place in the Turks and Caicos Islands between 16 and 19 May as part of the ongoing constitutional and electoral reform process., the governor’s office announced today (April 21).

The implementation of a new Turks and Caicos Islands Constitution will enable significant progress to be made against some of the milestones set for a return to elected government.

Speaking after the publication of the draft Constitution for consultation on 8 March, Minister for the Overseas Territories, Henry Bellingham, encouraged Islanders to participate:

“A team of FCO representatives will hold meetings soon to give people an opportunity to discuss the proposed changes. The team will also meet community groups and leaders. I encourage all interested persons in the Islands to participate in these meetings, which will inform our final decisions on the Constitution.”

The meetings will be open to all interested persons and are planned to be broadcast on Radio Turks and Caicos.

The FCO group will be led by Ian Hendry, Overseas Territories Constitutional Adviser to the FCO. He will be joined by Helen Nellthorp, Deputy Director of Overseas Territories at the FCO, Susan Dickson, FCO Legal Counsellor and Matt Thoume, FCO Press Officer.

In addition to public meetings in different islands (details of which will follow), and meetings with members of the Advisory Council and Consultative Forum and political parties, the group will also hold roundtable discussions with community groups and stakeholder organisations.

The period for consultation on the draft Constitution will end on 28 May 2011. Written comments on the draft Constitution can be sent to the Governor’s Office, Waterloo, Grand Turk, TCI or by email to: TCIDraft.Constitution@fco.gov.uk