Australia`s Original People Still Struggling for Rights and Freedoms

Australia Video Human Rights Democracy

¿Qué es a lo que Puerto Rico tiene derecho? / What does Puerto Rico have a right to?

Compañeros Unidos para la Descolonización de Puerto Rico: Puerto Rico (PR) siempre ha sido una colonia. Primero fue colonia de España por 405 años. Luego, PR pasa a ser colonia de Estados Unidos (115 años). Lo que se llama el Estado Libre Asociado de Puerto Rico fue un engaño de Estados Unidos (EEUU) para enmascarar su relación colonial con PR en 1952. El año siguiente, EEUU le pide a la Organización de Naciones Unidas (ONU) que saque a Puerto Rico de su lista de colonias. La ONU aceptó su petición, pero luego se dio cuenta de la decepción. Por eso es que ahora la ONU celebra cada junio una vista sobre la descolonización de Puerto Rico. Sin embargo, la ONU no ha regresado a Puerto Rico a su lista de colonias, aunque PR representa la más vieja y la más poblada (3.7 millones) de todas las colonias que todavía quedan por descolonizar.  Estados Unidos ayudó establecer la Organización de Naciones Unidas después de la Segunda Guerra Mundial. Su propósito fue fomentar la paz entre las naciones. En 1960, la ONU declaró el colonialismo un crimen en contra de la humanidad precisamente porque la misma constituye una amenaza a la paz mundial. Actualmente, Estados Unidos comete un crimen internacional al tener a Puerto Rico en una relación colonial. ¡Qué interesante que EEUU, la misma que ayudó fundar la ONU para asegurar la paz mundial, tenga una relación colonial que la misma ONU considera una amenaza a la paz mundial! ¡Y para colmo, actualmente EEUU tiene a un presidente que se ganó el premio Nobel de la Paz en 2009! Para enmascarar este derroche de contradicciones, el gobierno de EEUU le propone a PR que use los plebiscitos para tratar de descolonizarse. Hay dos problemas con eso. La primera es que EEUU no tiene jurisdicción en el proceso de descolonización, porque ella tiene un conflicto de intereses en este asunto. Por eso es que la descolonización está en la jurisdicción de la ley internacional. La segunda es que no hay nada para un plebiscito decidir. La única ruta para una colonia es convertirse en una nación soberana. Estos plebiscitos están diseñados solo para engañar al mundo que EEUU está interesada en descolonizar a Puerto Rico. Puerto Rico no tiene el derecho a ser una colonia, porque dicha relación es ilegal según la ley internacional. Por lo tanto, la relación política actual de PR no es una opción descolonizadora aunque 100% de los puertorriqueños voten por ella. Puerto Rico no tiene el derecho a convertirse en una república asociada con EEUU, o ser un estado de esa Unión. Antes de eso, Puerto Rico tendría que ser lo que solo tenemos derecho a ser. Como colonia, el único derecho que tenemos los puertorriqueños es ser una nación soberano.  Después que seamos una nación soberano, podríamos convertirnos en cualquier otra cosa que queramos. Si Puerto Rico quisiera ser una república asociada o estado de Estados Unidos, tendíamos que negociarlo con ella. Si EEUU no quisiera, no hay nada que PR pueda hacer al respecto porque no tenemos el derecho a ellas, ni por las leyes de EEUU o por la ley internacional.  La calidad de vida en Puerto Rico nunca va a mejorar mientras seamos una colonia. ¿Por qué no protestar pacíficamente por el único derecho que tenemos? Continuar divididos entre opciones que no tenemos el derecho a tener es prolongar la miseria que vive Puerto Rico. Únete a 2 protestas pacíficas al año hasta lograr la descolonización de Puerto Rico. Las colonias son únicamente para la explotación por los imperios. ¡Por eso es que los que practican el colonialismo no creen en la justicia para todos!  Puerto Rico has always been a colony. Puerto Rico was a colony of Spain for 405 years, and later, until the present (115 years), a colony of the United States (US). What people call the “Commonwealth of Puerto Rico” was an attempt by the US to hide her colonial relationship with Puerto Rico in 1952. The following year, the US asked the United Nations (UN) to remove Puerto Rico from its list of colonies. The UN accepted the petition, but later realized the US’ deception. This is why the UN now holds a hearing every June about Puerto Rico decolonization. The UN, however, has refused to put Puerto Rico back on its list of colonies even though Puerto Rico represents the oldest and the most populated colony (3.7 million) among all the colonies left to be decolonized! The United States helped establish the United Nations (UN) to try to encourage and maintain world peace among nations after World War II. In 1960, the United Nations proclaimed colonialism a crime against humanity precisely because the UN considered it a threat to world peace. Presently, the United States commits an international crime by having Puerto Rico as her colony. Isn’t it ironic that the US, as one of the founding countries of the United Nations, has a colonial relationship that the UN itself considers a threat to world peace? And to make matters even worse, the United States presently has a president who won the Nobel Peace Prize in 2009!  To further mask this array of contradictions, the US always advises Puerto Rico to use plebiscites as the vehicle for decolonization. There are 2 problems with that. The first one is that the US does not have jurisdiction over decolonization. To do so would constitute a conflict of interest. Decolonization is under the jurisdiction of international law. The second problem is that there is nothing for a plebiscite to decide. A colony’s path is only toward becoming an independent nation under international law. These plebiscites are only designed to continue the deception that the US has an interest in decolonization.  Puerto Rico does not have the right to be a colony, since that relationship is illegal according to international law. Therefore, Puerto Rico’s current relationship with the United States is not an option even if 100% of Puerto Ricans were to vote for it. Puerto Rico does not have a right to become an associated nation with the US, or a state of that Union. Before that could happen, Puerto Rico would have to become first what she only has a right to. As a colony, the only right that Puerto Rico has under international law is to become an independent nation.  Once Puerto Rico becomes an independent nation, then she could decide what she wants other than being an independent nation. If Puerto Rico wants to become an associated republic with the US, or a state of the United States, PR would have to negotiate that with the US. If the US does not want to enter into either of these relationships with Puerto Rico, there is nothing PR could do about that because we have no right to them under US or international law.  The quality of life in Puerto Rico will never improve as long as we continue to be a colony. Why not protest peacefully for the only thing that we have a right to? To continue to divide our efforts in directions that are not possible is to prolong the devastation the Puerto Rico lives. Join 2 peaceful protests a year until Puerto Rico gets decolonized. Colonies are for the sole purpose of exploitation by empires. Therefore, those who practice colonialism don’t believes in justice for all!

UN expert urges respect for the rights of Cherokee child in custody dispute

Office of the High Commissioner for Human Rights

GENEVA  – The United Nations Special Rapporteur on the rights of indigenous peoples, James Anaya, today called on the relevant state, federal and tribal authorities in the United States of America to take all necessary measures to ensure the wellbeing and human rights of ‘Veronica,’ an almost four year old Cherokee child at the center of a highly contentious custody dispute.

“Veronica’s human rights as a child and as member of the Cherokee Nation, an indigenous people, should be fully and adequately considered in the ongoing judicial and administrative proceedings that will determine her future upbringing,” Mr. Anaya stressed. “The individual and collective rights of all indigenous children, their families and indigenous peoples must be protected throughout the United States.”

Veronica is currently facing judicially ordered removal from her Cherokee family and community. In June of this year the US Supreme Court ruled that certain protections of the Indian Child Welfare Act did not apply to proceedings in which a non-Cherokee couple sought to adopt Veronica, given the particular circumstances of the case. The high court, however, it did not make an ultimate determination of the disposition of the adoption proceedings.

Following the Supreme Court decision, a South Carolina state court awarded custody of Veronica to the non-Cherokee couple, but it did so without a determination of whether her transfer away from her Cherokee family would be in her best interests in light of her current situation and Cherokee heritage. Although Veronica lived with the non-Cherokee couple in South Carolina for the first two years of her life, she has now resided with her father and extended indigenous family in Cherokee territory in the state of Oklahoma for nearly two years.

South Carolina authorities have attempted to force Veronica’s father to release custody of her, charging him with custodial interference for his refusal to do so. On 3 September 2013 the Oklahoma Supreme Court took up the case, granting a temporary stay of an enforcement order and allowing the father to keep Veronica pending further proceedings.

“I urge the relevant authorities, as well as all parties involved in the custody dispute, to ensure the best interests of Veronica, fully taking into account her rights to maintain her cultural identity and to maintain relations with her indigenous family and people,” said the UN Special Rapporteur.

The independent expert pointed out that these rights are guaranteed by various international instruments subscribed to or endorsed by the US, including the International Covenant on Civil and Political Rights, and the UN Declaration on the Rights of Indigenous Peoples.

In his 2012 report* on the situation of indigenous peoples in the US, the Special Rapporteur noted that the removal and separation of Indian children from indigenous environments is an issue of longstanding and ongoing concern. “While past practices of removal of Indian children from their families and communities have been partially blunted by passage of the Indian Child Welfare Act in 1978, this law continues to face barriers to its implementation,” Mr. Anaya stated.

“I encourage the United States to work with indigenous peoples, state authorities and other interested parties to investigate the current state of affairs relating to the practices of foster care and adoption of indigenous children, and to develop procedures for ensuring that the rights of these children are adequately protected,” the UN Special Rapporteur said.

The UN Human Rights Council appointed S. James Anaya as Special Rapporteur on the rights of indigenous peoples in March 2008. Mr. Anaya is a Regents Professor and the James J. Lenoir Professor of Human Rights Law and Policy at the University of Arizona (United States). As Special Rapporteur, he is independent from any government or organization and serves in his individual capacity. 

Learn more, log on:

 to: http://www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/SRIPeoplesIndex.aspx
(*) Check the Special Rapporteur’s 2012 report on the USA: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session21/Pages/ListReports.aspx
See the UN Declaration on the Rights of Indigenous Peoples: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/RES/61/295&Lang=E
UN Human Rights Country Page – United States of America: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/USIndex.aspx

For more information and media inquiries, please contact Maia Campbell (+ 41 22 917 9314 / mcampbell@ohchr.org) or write to indigenous@ohchr.org.
For media inquiries related to other UN independent experts:
Xabier Celaya, OHCHR Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)
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New Caledonia, Kanaky or Kanaky-New Caledonia? Options for Self-determination in the French Pacific

Presentation by

Nic Maclellan

at the

East-West Center

See the full video here .

Pacific Islands Report

In May 2014, New Caledonian citizens will vote for three provincial assemblies and the national Congress. The results of this crucial election will determine the balance of forces between supporters and opponents of independence, and the next Congress will make crucial decisions on New Caledonia’s future political status (under the 1998 Nouméa Accord, the Congress can decide by 3/5 majority to proceed to a referendum on the transfer of key sovereign powers from Paris to Nouméa). 

This seminar outlines the issues for the 2014 elections and details the process required for a decolonization referendum in New Caledonia. The presentation assesses current debates over options for self-determination, autonomy, or independence. Since Pacific leaders gathered in Majuro, Marshall Islands in the first week of September, the presentation also discussed decolonization initiatives within the Pacific Islands Forum, Melanesian Spearhead Group, and United Nations.

Nic Maclellan works as a journalist and researcher in the Pacific Islands. He is a correspondent for Islands Business magazine (Fiji) and a contributor to The Contemporary Pacific, Tahiti-Pacifique magazine, and other regional media. He is co-author of La France dans le Pacifique - de Bougainville à Moruroa (Editions La Découverte, Paris) and After Moruroa – France in the South Pacific (Ocean Press, New York and Melbourne).

Government of the Virgin Islands opens Hong Kong Office

Press Release

BVI HOUSE IN ASIA OFFICIALLY LAUNCHED

OPEN FOR BUSINESS

The British Virgin Islands (BVI) has taken another significant step forward in its global positioning with the launch of an office in Hong Kong to represent the jurisdiction in mainland China and the Asia Pacific Region.

Close to 100 Hong Kong professionals gathered at the British Consulate on September 5 for an evening reception to mark the official launch of ‘BVI House Asia’. The event, hosted by the British Consul General to Hong Kong and Macau Ms. Caroline Wilson, was attended by representatives from several governments, including Hong Kong, the United States, European Union, Switzerland and Ireland, together with leading financial services practitioners and other notable guests.

In her welcoming remarks about the relationship between the United Kingdom (UK) and the BVI, a British Overseas Territory, Ms. Wilson quoted British Prime Minister David Cameron, who said that the Overseas Territories (OTs) are an integral part of Britain’s life and history.

Ms. Wilson said that the UK Government has a strong partnership with its OTs and was keen in supporting them in pursuing trade and investment opportunities to strengthen their economies. The BVI’s solidifying and seeking to grow its presence in the Asia Pacific market through Hong Kong was an example of initiatives supported by Britain.

Premier and Minister of Finance, Investment and Tourism, Dr. the Honourable D. Orlando Smith, OBE, in his response, said that establishing an office in Hong Kong would allow the BVI to deepen its footprint in the Asia region and to get a better understanding of the market where approximately 40 percent of its business comes from. He said it would also help in building closer relationships to enable the BVI to be more responsive to the needs of clients in that market.

BVI House Asia will also serve as a central hub to facilitate a smooth interface between the industry in Asia and the BVI, while at the same time raising the jurisdiction's profile by speaking for the BVI Government; responding to enquiries of a social, political or economic nature from the region; and promoting investment into the jurisdiction.

The new office will also provide time sensitive access for certain information services to users of BVI Business Companies; and work towards deepening the relationship with Mainland China not only in financial areas but in educational and cultural areas as well.

In addition, through the BVI Financial Services Commission (BVI FSC), BVI House Asia will help strengthen ties with regional Government Authorities and serve as a point of contact for the financial regulated community.

During his remarks, Premier thanked Ms. Wilson for hosting the event on the BVI’s behalf and introduced the attendees to members of his delegation, which included Member for the House of Assembly Honourable Alvin Christopher, Deputy Chairman of the BVI FSC Mr. Colin O’Neal, Permanent Secretary in the Premier’s Office Mrs. Rosalie Adams and Chairman of the BVI Tourist Board Mr. Russell Harrigan.

The Premier also gave special thanks to the interim director of the office, Mrs. Lorna Smith, OBE, for all her work in getting the office established.

Reception attendees were treated to a taste of the BVI with the special BVI Painkiller, a popular drink made with the BVI’s own Pusser’s Rum.

The Premier also invited the guests to attend the open house today, September 6, at the offices located on the 51st floor at Central Plaza, a building that stands prominently in the middle of Hong Kong, and is also the location for the Hong Kong Convention Centre.

The office is currently staffed with the interim director and a chief operating officer, Ms. Heather Tang, a native of Hong Kong. The BVI FSC will also be providing staff and other resources for BVI House Asia in the coming months. Tourism officials are also expected to join the team by fall 2014.

The Government of the Virgin Islands continues to diversify and bolster the Territory’s financial services product offerings.

Address of the President of the Generalitat in honor of the celebration of the National Day of Catalonia, 2013

President Mas

Fellow Catalans:

Once again, we celebrate Catalonia’s National Day, the Diada. The Diada allows us to commemorate our national character, and to recognize the values that best identify us as a people. Our tenacity, our commitment, and our ability to recover in the face of difficulty are the best examples of our will to survive, as well as undeniable proof of our will to exist. A will that has helped construct this country generation after generation from people of all origins and from all walks of life.

Yesterday we inaugurated the Born Cultural Centre, a space that allows us to contemplate the history and artifacts of the Barcelona of 1714. A space that shows us just how far some were willing to go to annihilate a country and its institutions, rights, language, and culture. A space that is the clearest proof that not even the negation of all of its freedoms can finish off a people that is steadfast in its will to exist and constant in its efforts to do so. In a moment like the present, we must keep the lessons from history foremost in our minds. As the classics remind us, a drop of water does not perforate a stone by force, but through perseverance.

What made the Catalan men and women of 300 years ago—defeated, vanquished, with their liberties stripped away—refuse to give up who they were so that now we can be who we are? Only their belief, as we continue to hold today, that with their abilities, with their strength, and with their laws, they could live better and hope for a more prosperous and just future. And these beliefs gave them the ability to resist and the moral fortitude to begin to recover, and with the passage of time, reconstruct our country and keep the flame of our own identity and our own progress alive.

Tomorrow marks the first anniversary of the massive demonstration that filled the streets of Barcelona last year, that demonstrated the firmness of our collective will and our unshakable longing to decide our future democratically, peacefully, and freely. Tomorrow, there will be a new manifestation of our patriotism, of our civic feeling, and of our commitment. It will be evident in all of the institutional events that will take place throughout our country. And it will be apparent when hundreds of thousands of our citizens join hands to express once again their desire for freedom, peace, democracy, and social justice.

Like last year, I have decided that my role as President precludes my involvement in person. Nevertheless, my commitment today is not only just as solid as it was a year ago, but it is even more clearly explicit: the people of Catalonia must be consulted next year on their political future. My commitment is so firm about the Catalan people’s right to self-determination that, as I have made evident in recent days, I am ready to use all the democratic and legal tools at my disposal in order to help the citizens of Catalonia be able to vote on their future as a country.

In the same way that my commitment is unwavering it is also my will that the process be carried forward thoughtfully: that we do it right. Because it is only by doing things properly that we’ll be able to achieve our objectives.

Our road map is drawn: the right to self-determination, a referendum, the national transition, and the formation of the State. Together with our road map we also have the “Catalan Way” [in English in the original], a way of doing things which reflects our way of being and includes democracy, dialog, legality, civility, a peaceful spirit, and wide majorities. And respect for minority viewpoints, because any project for a country must serve the entire country, that is, all 7.5 million Catalan men, women, and children. 

We must not waver a single millimeter from our road map, but we must also remain committed to the Catalan Way of doing things. We must carry out a national transition, but we must do it right. And doing it right is everyone’s responsibility.

Although the exercise of self-determination is the most important objective of the present legislative session, and the one that will affect the public the most, there are other challenges, objectives, and goals that are on the same level: to lift the country up economically, to redress social issues, and to improve the democratic system. That is, to go from recession to wealth creation, from unemployment to work, from weakening the state of well-being to strengthening it, from the threat of public policies to their guarantee, from the deterioration of the public’s confidence in our institutions to a climate of transparency and mutual respect.

The right to self-determination, prosperity, social justice, and a robust democracy are, each and every one, the foundational walls of the house that we want to build. If any one of these walls cracks, the whole house is affected. But if they are all strong and sturdy, the whole house is more solid.

Even if we don’t have the sufficient tools, even if the tools we have are dramatically lacking, we will continue to work to reinforce these foundational walls. With the modesty of knowing that we have made mistakes and the determination to convert those mistakes into learning opportunities.

Catalonia is working to leave recession, unemployment and poverty behind. To stop the budget cuts and stabilize public financing. To increase school performance and to be able to properly care for the sick and the most vulnerable. Our National Day is also about that: building a country that is more socially just, economically sound, culturally advanced and democratically exemplary.

The closer we are to this multifaceted spirit of our Diada, the closer we are to the city of ideals envisioned by the poet.

And beyond all that, there is our search and conquest of freedom. Salvador Espriu, the 100^th anniversary of whose birth we celebrate this year, told us “build your new house in the plot that is labeled with the name of liberty”. And to Spain he proclaimed, “Listen, Sepharad, people cannot be if they are not free.” Three centuries later, the desire for freedom continues to ring from north to south, from east to west. And it rings louder than ever.

Long live Catalonia.

Caribbean Regional Conference on Reparations convenes in St. Vincent

Press release St Vincent and the Grenadines hosts Regional Conference on Reparations  (CARICOM Secretariat, Turkeyen, Greater Georgetown, Guyana) Representatives of Governments, civil society, academia and individuals fighting the cause of reparations for native genocide and slavery, will meet in St Vincent and the Grenadines this weekend for a Regional Conference on Reparations. The conference, hosted by Prime Minister of St Vincent and the Grenadines, Dr. the Hon. Ralph Gonsalves, will be held from 15-17 September, and is the first major event on reparations following the Thirty-fourth Conference of the Heads of Government of CARICOM in Trinidad and Tobago in July. At the Summit, Heads of Government agreed to the establishment of a National Reparations Committee in each Member State with the Chair of each Committee sitting on a CARICOM Reparations Commission. The Heads of Government of Barbados (Chair), St. Vincent and the Grenadines, Haiti, Guyana, Suriname and Trinidad and Tobago were identified to provide political oversight. The Community’s approach would be to hold a development conversation and to use all reasonable avenues to reach an amicable solution on reparations. The three-day Conference includes a meeting of the CARICOM Reparations Commission on 17 September. Prime Minster Gonsalves raised the matter of the Conference during a brief interaction with staff members of the CARICOM Secretariat on Monday 9 September when he visited Georgetown, and stressed that “we have to repair the legacy of colonialism and neo-colonialism”. ********** Press release  Bunny Wailer, Professors Beckles, Shepherd  to address Regional Reparations Conference  (CARICOM Secretariat, Turkeyen, Greater Georgetown, Guyana) Professors Sir Hilary Beckles and Verene Shepherd, as well as famed Jamaican reggae artiste Bunny Wailer, are among those who will make presentations at the three-day Regional Conference on Reparations which (began)... in St. Vincent and the Grenadines on Sunday. At the opening ceremony there will be addresses by Dr. the Hon Ralph Gonsalves, Prime Minister of St. Vincent and the Grenadines, the Hon Stephen Lashley, Minister of Culture of Barbados and Jamaican educator Professor Shepherd. Bunny Wailer, (born Neville O’Riley Livingston), will perform at the opening, and will make a presentation on behalf of the Rastafarians the following day. The proceedings on Monday, which will be open to the public and streamed live, will feature presentations by the Chairpersons of the National Reparation Committees, Principal of the Cave Hill Campus of the University of the West Indies, Professor Beckles, Professor Shepherd and representatives of regional and other organisations. Tuesday’s sessions in which attorneys, government representatives and representatives of the reparations commissions will consider legal options, will be closed. On Tuesday also, the Chairpersons of the National Reparations Committees will select a Regional Reparations Commission Chair. The conference is the first major event on reparations following the Thirty-fourth Conference of the Heads of Government of CARICOM in Trinidad and Tobago in July. At the Summit, Heads of Government agreed to the establishment of a National Reparations Committee in each Member State with the Chair of each Committee sitting on a CARICOM Reparations Commission. The Heads of Government of Barbados (Chair), St. Vincent and the Grenadines, Haiti, Guyana, Suriname and Trinidad and Tobago were identified to provide political oversight. The Community’s approach would be to hold a development conversation and to use all reasonable avenues to reach an amicable solution on reparations.

Curacao-born baseball star excels in Japanese league

Breaking News:

Curacao’s Wladimir Balentien Breaks Japan’s Home Run Record

Balentien slugs 55th homer, ties Japan’s single-season record

THE ASAHI SHIMBUN

Wladimir Balentien, an outfielder with the Tokyo Yakult Swallows, tied the Nippon Professional Baseball single-season home run mark of 55 on Sept. 11 with a shot into the right-field stands at Meiji Jingu Stadium in Tokyo in the sixth inning.

The 29-year-old from the Dutch Caribbean island of Curacao tied the record in front of his home fans off Hiroshima Toya Carp pitcher Kan Otake.

Balentien achieved the feat in his team’s 122nd game of the season, the fastest among all of the four players who hold the mark.

The other three are Sadaharu Oh of the Yomiuri Giants; Tuffy Rhodes of the now-defunct Osaka Kintetsu Buffaloes; and Alex Cabrera of the Seibu Lions. The three accomplished the feat in 1964, 2001 and 2002, respectively.

Both Rhodes and Cabrera ran into controversy as they were repeatedly walked after they tied the record and were apparently not given the chance to break the legendary Oh's record. The Swallows have 22 games remaining in the regular season.

Balentien is in his third year with the Swallows. In each of his first and second seasons, he hit 31 homers, becoming the home run king in both of the years.

This season, which started in late March, Balentien missed the start of the season from injuries to his left leg.

After playing on April 12 in his first game, he has homered on a remarkable pace of one homer every two games. In August, he hit 18 home runs, setting a record for the most home runs hit in a month.

Balentien played for the Seattle Mariners and Cincinnati Reds before signing with the Swallows in 2011.

Turks & Caicos Premier questions British constitutional power to appoint the dependent territory's Attorney-General

"...the constitution of the Turks and Caicos Islands gives...(the British Governor) the authority to appoint the Attorney General (AG) without consultation with the Premier, but I see this provision within the constitution as being totally unacceptable."

Letter from Dr. Hon Rufus W. Ewing, Premier, Turks and Caicos Islands 

to

Governor Damian R. Todd

September 2, 2013

 Dear Your Excellency,

I write to you on a matter of grave concern which I had expressed to you in February of this year and repeatedly since I became Premier. This matter is the issue of the current Attorney General Hon. Huw Shepheard, for whom you recently declared your intention to renew a contract in the post of Attorney General for an additional three years.

Your Excellency, I know that the constitution of the Turks and Caicos Islands gives you the authority to appoint the Attorney General (AG) without consultation with the Premier, but I see this provision within the constitution as being totally unacceptable. The AG is the legal counsel for the Turks and Caicos Islands Government, and as Premier and Head of Government's business in Cabinet, it is only proper and fitting that the Premier ought to be given the opportunity to give input into the appointment of the AG, if not appoint the AG himself, as is practiced in the case of Bermuda. I wish to further submit that the AG is also the legal advisor to the House of Assembly and as such the Speaker of the House of Assembly and the Leader of the Opposition should also have input in regards to the appointment of the AG.

Your Excellency, therefore, your recent indication of your intent to re-appoint Huw Shepheard as AG reflects disrespect and lack of regard for the opinions, views and wishes of the Government, the Opposition and the people of the Turks and Caicos Islands, all of whom have publically stated their dissatisfaction with Mr. Shepheard and your plans to re-appoint him.

In previous discussions held with you, I have outlined the many reasons for my stance against the reappointment of Mr. Huw Shepheard. As Premier and Leader of Government Business, I am not comfortable with Mr. Huw Shepheard as the Principal legal Advisor to my Government as I am not confident in his ability based on historical events:

• He ill-advised political parties and candidates standing for General Elections that they had to renounce their citizenships of countries in which they were born in order to qualify to stand as a candidate for election. The recent decision by the Caymanian Courts stating that acquisition of citizenship by birth does not equate to a pledge of allegiance is fundamental and the AG should have been able to give good legal guidance on. Instead, he advised that such persons should renounce their citizenships and caused the spending of hundreds of thousands of dollars in court cases based on the same premise.

• The AG has either engaged in and/or instigated the prosecution of several superfluous cases and “fishing exercises” that are not in the best interest of the people and the Government of the Turks and Caicos Islands and continues ill advisedly, to appeal cases that are indefensible.

These actions that were taken without the instructions, advice, guidance or input of the elected Government have resulted in expenditures in millions of dollars that the Government and the people cannot afford to pay through taxes. Furthermore, in virtually all of these cases, the predicted and actual legal expense exceeded not only the likelihood of success but also any value recovered.

• The continued employment of The Civil Recovery Team/Edwards Wildman at his discretion and instructions to engage in an all encompassing, ill defined, muddled and expensive investigation of countless historic real estate transactions, all legitimate, without any value for money to the people of the Turks and Caicos Islands, whilst refusing to continue a legitimate action, brought by the Deputy AG, to answer the critical question of the constitutional duty of elected members to disclose a subsisting Crown charge on freehold title or otherwise.

• There is an obvious conflict of interest between the AG with his new responsibility for Crown Land and his position as AG defending the Government on Crown Land matters and conducting trials as part of civil recovery team. I am of the view that such responsibilities should not be combined.

As a result of these and many other matters, I am satisfied that the AG can no longer command respect for the competency, efficacy and impartiality of the office he holds, and that these Islands would be much better served by a fresh appointment.

Your Excellency, these are just a few of the reasons why I am of the conviction that Mr. Shepheard should not be re-appointed to the position of AG and instead should be encouraged to take his early retirement of the profession. Governor, you are quite aware that the AG was on sick leave for several months and being paid by TCIG. We cannot afford again in this critical time of my Administration to have our AG on such extended sick leave. Therefore, it is only logical that if the opportunity presented itself to not renew his contract that opportunity should have been taken.

Your Excellency, your last Cabinet meeting as Governor of these Islands is on Wednesday September 4, 2013. I would like for you to come to Cabinet rescinding your decision to renew the contract of the AG.

The AG is currently on leave, and I must state from now that I am not prepared to work with the AG upon his return to the Turks and Caicos Islands. As stated previously, I am also of the view that the appointment of the new AG should be left to the incoming Governor upon the advice of the Premier and Cabinet.

I am aware that this communication will be discussed with the Secretary of State, assuming that you are taking instructions from the Hon. Secretary of State. So for the purpose of expediting his notification, I wish to indicate that I will be forwarding him a copy to read as if I was addressing him directly.

Curacao PM discusses recent visit to Hague

Meeting with Ambassadors - Report From The Prime Minister

WILLEMSTAD – During his recent trip to the Netherlands, the Prime Minister of Curacao met with several Ambassadors in The Hague. This is what he reported .

Ambassador People’s Republic of China (PRC). Ambassador Chen Xu brought to Premier Ivar Asjes greetings from the Chinese leadership and indicated to look forward to the establishment of the Chinese Consulate General in Curacao. In that regard, he expressed the hope that the recognition and admission procedure will be completed in the shortest possible time. 

Mr. Chen Xu also emphasized the complementary nature of the relationship between China and Curaçao. He pointed to the existing working relationship with Minister Plenipotentiary  (Marvelyne) Wiels and said also to that he expects that Curaçao would be attractive to a large group of the Chinese tourist. Premier Asjes indicated that his government is urgently working on the approval and authorization of the Chinese Consul-General. He also referred to the trade mission last May of the (former) Minister of Curaçao Economic Development in the PRC. In that context Curacao wishes to establish itself as a solid foundation for Chinese companies which are interested in doing business with Latin American businesses.

Ambassador Republic of Panama. Ambassador Terán-Sitton brought to Premier Asjes greetings from President (Ricardo) Martinelli. The Ambassador said that his country’s economy is doing good, that the expansion of the Panama Canal is on schedule and that the metro system is being constructed. Ambassador Terán-Sitton indicated that from 1989-1991 he was the Minister of Health and that is why he knows that several Curacaoans have studied medicine in Panama. Mr. (Jose Manuel) Terán-Sitton announced its intention to visit Curacao.

Regarding the presence of Curaçao students in Panama, Premier Asjes announced that the policy of his government is aimed at stimulating studying the region. That is one reason to work on cultural ties with countries in the region, which may also result in trade relations. Premier Asjes promised at the end of the meeting to pick up again all topics discussed in 2011 during the 66th AVVN with the Deputy Minister of Foreign Affairs of Panama (including the opening of a consulate in Curacao).

Ambassador Republic of Colombia. Ambassador Leongómez Pizarro began the conversation by stating that Colombia has great interest in Curacao not in the least because of the presence of a Colombian community in Curacao. In addition, with the expansion of the Panama Canal, the Caribbean regions (including the ports of Cartagena and Barranquilla) will be increasingly developed. Moreover, 20% of the Colombian population are of African origin and because of that Colombia will actively participate next year in the activities surrounding the commemoration of the 200th anniversary of the departure of the last slave ship towards Colombia.

The Ambassador was of the opinion that Curacao could act as a bridge between Colombia, the Netherlands and the rest of Europe. The opening of the Holland House in Colombia in November 2013 will play an important role in this endeavor. Colombia received last year 15 billion dollars in foreign investment. In recent years, the country has also seen an economic growth of 4.5% per year. The expectation is Colombia will be the third largest economy in Latin America after Brazil and Mexico.

Prime Minister Asjes agreed that Curacao can function as a bridge between Colombia, on one side, and the Netherlands, Europe, and on the other side. The Colombian businesses for example, could use the Curaçao financial infrastructure. Premier Asjes further indicated that his government, together with the private sector, is working on the positioning of Curaçao in the region. In this context, the Curaçao government recently approved the MoU, which was two years in the making, so that it can be signed with Colombia. There are all the necessary contacts in this respect with the Colombian authorities through the Colombian consulate in Willemstad. The trip to Colombia is scheduled for October and will possibly be combined with a visit to Panama.

Pacific Islands Forum calls for action to address effects of U.S. Nuclear Testing Programme in the Marshall Islands

 

FORTY-FOURTH PACIFIC ISLANDS FORUM

MAJURO, REPUBLIC OF THE MARSHALL ISLANDS

3 – 5 SEPTEMBER 2013

Final Communique

(excerpt)

RADIOACTIVE CONTAMINANTS IN THE REPUBLIC OF THE MARSHALL ISLANDS

49. Leaders recalled that the Republic of the Marshall Islands was placed by the international community under the trusteeship of the United Nations administered by the United States of America, both of which therefore have ongoing obligations to encourage a final and just resolution for the Marshallese people. They welcomed the recommendations in the Special Rapporteur’s report submitted to the UN Human Rights Council in September 2012 following the Special Rapporteur’s missions to the Republic of the Marshall Islands and the United States of America in March and April 2012.

50. Leaders supported bilateral and multilateral action to assist the Republic of the Marshall Islands in its efforts to engage the United States towards a justified resolution to the U.S. Nuclear Testing Programme and considered submitting letters to the U.S. Government urging the United States to take action to meaningfully address the ongoing impacts resulting from the U.S. Nuclear Testing Programme, and to the United Nations Secretary-General to address the ongoing impacts of nuclear testing in the Pacific.

51. Leaders also agreed to stand in solidarity with the peoples of the Republic of the Marshall Islands as they face the challenges of overcoming the nuclear legacy.

___________________________________

Also see:  Urgent Action Fund report on U.N. Human Rights Council debate.

geography.howstuffworks.com

“...the long history of nuclear weapons testing on the Marshall Islands has produced a significant amount of nuclear radioactive waste which is indubitably toxic in nature and less health and continue to have several impacts to the ability of the Marshallese people to enjoy the full scope of their human rights.”  -  Special Rapporteur Calin Georgescu


Also read: "Where to now for nuclear test victims?" in
August 2013 edition of Islands Business

and

Nuclear tests survivors plead with Forum Leaders meeting to raise their concerns with the U.S.

Nouvelle-Calédonie: mort de Léopold Jorédié, ex-leader indépendantiste

Léopold Jorédié, le 28 novembre 2002 à Nouméa en Nouvelle-Calédonie
 (Photo Marc Le Chelard. AFP)

Liberation

Léopold Jorédié, ancien responsable politique indépendantiste proche de Jean-Marie Tjibaou, est décédé en Nouvelle-Calédonie à l’âge de 66 ans, a-t-on appris dimanche de source politique.

M.Jorédié, qui était retiré de la scène politique locale, souffrait d’une grave maladie à laquelle il a succombé à l’hôpital Gaston Bourret de Nouméa, ont indiqué des proches.

Membre de l’Union Calédonienne (UC), parti du FLNKS, Léopold Jorédié a été un compagnon de route de Jean-Marie Tjibaou, leader emblématique assassiné en 1989.

Entré en politique dans les années 1970, ce Kanak originaire du village de Canala (côte est) a été une figure de la lutte pour l’indépendance de la Nouvelle-Calédonie, lors des violences qui ont secoué l’archipel dans les années 1980.

Durant cette période, il s’était beaucoup engagé dans les actions de terrain, notamment à Canala théâtre de multiples incidents, incarnant une ligne radicale du mouvement indépendantiste.

Après le drame de la grotte d’Ouvéa en mai 1988, il n’avait pas accepté que Jean-Marie Tjibaou signe le 26 juin 1988 les accords de Matignon, sous l’égide de Michel Rocard, et qu’il échange une poignée de main avec Jacques Lafleur, chef de file des anti-indépendantistes.

Dans une interview au journal Le Monde, M. Jorédié avait déclaré dans une citation restée célèbre en Nouvelle-Calédonie: «l’esclave a accepté de serrer la main de son maitre».

Cet homme souriant avait ensuite progressivement reconnu les vertus de ces accords de paix et il était devenu en 1989 le premier président de la Province nord, issue de la nouvelle organisation politique et institutionnelle du pays.

Il a occupé ce poste jusqu’en 1995, suscitant une série de controverses autour de sa gestion de l’argent public - il avait été condamné pour ingérence en 2001 - ou de liens trop étroits avec la droite.

Ainsi en 1997, il avait été exclu de l’Union Calédonienne et avait fondé un mouvement dissident avec quelques proches, la Fédération des comités de coordination indépendantistes.

En 1999, Léopold Jorédié avait obtenu la vice-présidence du premier gouvernement de l’accord de Nouméa (1998), s’attirant les foudres des indépendantistes du FLNKS.

Maire de Canala de 1989 à 1995, Léopold Jorédié siégeait toujours au conseil municipal du village.