British application of "Trial without Jury" law in Turks and Caicos Islands could violate human rights of defendants

BRITS ACCUSED OF RIGGING THE TURKS AND CAICOS ISLANDS LEGAL SYSTEM

One of Britain's top lawyers, Queen's Counsel Courtenay Griffiths, has indicated that the controversial Trial Without Jury law which was recently enforced in the Turks and Caicos Islands, is part of well-orchestrated master-plan that is designed to secure convictions against certain high-profile individuals who are presently before the courts.

Griffiths, who is the lead counsel for former Premier Michael Misick, gave this assessment last week while making submissions to the Court of Appeal to dismiss the decision by Mr. Justice Paul Harrison who ruled on Monday June 23rd, 2014, that several persons charged with corruption by the Helen Garlick-led Special Investigation and Prosecution Team (SIPT) should be tried by a judge only, instead of a jury of their peers.

The Jamaica-born Griffiths, who has been involved in some of the most high-profile and notable cases of the past two decades, told the Court of Appeal: "The Trial Without Jury Ordinance was introduced in November 2010 and four years on, no attempt has been made to use it in any other criminal proceedings; not even the Emerald Cay case which is alleged to have arisen during that same period of criminality."

He added: "When we look at certain factors following the Sir Robin Auld Inquiry together, it appears that a structure is being put in place to create a particular outcome and one cannot escape the conclusion that this was indeed the case when the Trial Without Jury Ordinance was introduced."

Griffiths is amongst the most sought after of International Criminal law specialists, providing representation in trials of genocide, crimes against humanity and other war crimes before international, internationalised and national courts. He is particularly noted for his work in the recent landmark case in The Hague defending the former president of Liberia, Charles Taylor.

The Queen's Counsel even suggested that the SIPT may have had some involvement in the framing of the Trial Without Jury Ordinance, which was introduced while the Turks and Caicos Islands were under direct rule by Britain, following the suspension of some of the most significant parts of the country's Constitution on August 14, 2009.

In addition to the Trial Without Jury Ordinance, during that time, there was also the introduction of a Hearsay Ordinance which takes the highly unusual step of allowing hearsay evidence to be admitted; and it seemingly will only apply to the SIPT trial.

"Any reasonable by-stander will conclude that all of these things were put in place just for these defendants," Griffiths stated. To substantiate his point, Griffiths quoted extensively from a landmark case, Don John Francis Douglas Liyanage against the Queen, in which the Privy Council, the highest court in the United Kingdom, dismissed a case that was similar to the one currently before the TCI courts.

PRIVY COUNCIL RULING

He quoted from the case law which stated: 

"The first Act was wholly bad in that it was a special direction to the judiciary as to the trial of particular prisoners who were identifiable and charged with particular offences on a particular occasion. The pith and substance of both Acts was a legislative plan ex post facto to secure the conviction and enhance the punishment of those particular individuals. It legalised their imprisonment while they were awaiting trial. It made admissible their statements inadmissibly obtained during that period. It altered the fundamental law of evidence so as to facilitate their conviction. And finally it altered ex post facto the punishment to be imposed on them. 

In their Lordships' view that cogent summary fairly describes the effect of the Acts. As has been indicated already, legislation ad hominem which is thus directed to the course of particular proceedings may not always amount to an interference with the functions of the judiciary. But in the present case their Lordships have no doubt that there was such interference; that it was not only the likely but the intended effect of the impugned enactments; and that it is fatal to their validity. The true nature and purpose of these enactments are revealed by their conjoint impact on the specific proceedings in respect of which they were designed, and they take their colour, in particular, from the alterations they purported to make as to their ultimate objective, the punishment of those convicted. These alterations constituted a grave and deliberate incursion into the judicial sphere. Quite bluntly, their aim was to ensure that the judges in dealing with these particular persons on these particular charges were deprived of their normal discretion as respects appropriate sentences." 

COURT OF APPEAL DISMISSES APPEAL

However, on Thursday September 11th,2014, the Court of Appeal which comprises President, Edward Zacca, QC, Elliott Mottley,QC, and Ian Forte, QC, sided with Judge Harrison and dismissed the appeal.

When contacted in England for a comment on the Court of Appeal decision, Griffiths stated: "It is astonishing that the Court of Appeal has come to a decision so quickly. We are very concerned that we are now required to appeal, when we don't even have a written decision or a transcript of the proceedings. However, we definitely intend to appeal the decision."

Among the reasons which Mr. Justice Harrison decided to order Trial Without Jury are as follows:

(a) the allegations of wrongdoing are by prominent public figures, including politicians and their activities and interaction with members of the public throughout TCI over the years 2003 to 2009, culminating in the Auld Inquiry and Report;

(b) the pre-trial media publicity, adverse to both the prosecution and the defence, consistently and relentlessly since the Commission of Enquiry Report in 2009 and up to January 2014. This could not have failed to influence adversely the minds of potential jurors in the small jurisdiction of TCI;

(c) the charges are complex, allegedly comprising the payment of millions of dollars by various means and channels to various accounts and to numerous recipients. Inevitably, this will involve a heavy volume of documents, both at pretrial and at the trial, more appropriately dealt with by a judge alone;

(d) the trial is estimated to last for months; this will involve dislocation of the lives of potential jurors, their impecuniousity from loss of earnings, disadvantage to employers and inconvenience. The probable delays from adjournments and time-off for jurors for various reasons, is also inevitable.

Bonaire Civil Society again calls for genuine self-determination, decries influence of 'settler colonialism' on political system

Address to the Bonerian parliament in the meeting

to decide on a self-determination referendum 

for the Bonerian people

James Finies 

Fundashon Nos Ke Boneiru Bek

1 October 2014

www.boneiruawe.com

"Holland has to respect your decision, and international law and their laws that they agreed to in the United Nations. And we encourage you, that the Bonerian people have chosen you to defend them, to stay strong for this because you have the support of our international law, and of your peoples behind you. Be responsible and do no leave to the peoples themselves to resort to their last recourse and right to rebel and revolution to defend and secure their freedom and rights in their own way."

(original Papiamento below)

We are here together with the same objective and in the forefront and defense of the Bonerian peoples. The issue of referendum and self-determination which signifies determine Bonaire’s own destiny, is 100% responsibility of the Bonerian peoples and of no other people, institution, government or political group. It is the right of the Bonerian peoples and your responsibility and duty to arrange this thru this parliament so the government can execute your decision and mandate according to the international laws established of self-determination and have this organized according to those laws.

We all are aware that in the previous three referenda, 1993, 2004 and 2010 the peoples representation, the parliament and government had abused the power that the people had given them, and did not comply honestly according to the wishes of the people and according to the laws of self-determination, particularly Article 1541 and it’s choices. For that reason, up to today, we are all together in a chaotic situation of division as Bonerian peoples.

Development and welfare and happiness of the Bonerian peoples is your final objective as politicians and duty as representatives of the people. This is only possible at the level of self-determination - as island, nation or as Bonerian peoples - if you let go of your personal pride and local partisan political position, and stand together to form a union with the Bonerian peoples, as one Bonerian people, and together move forward and continue the correct and natural and human process of emancipation, empowerment and creation of our nation Bonaire. There is no green, red, blue or any coloured Bonaire, but one Bonaire, one Bonerian peoples with one flag, one hymn and one destiny.

To realize this we are begging and pleading to you to consider and respect our people's rights that we inherited and acquired, that the island of Bonaire belongs only to the Bonerian peoples and not to any other people, and has to be returned back to the people so that they can pass it over to our next generations. For we who are here now and today, it is our obligation and responsibility to defend and secure this - nothing else.

Today is a crucial day. You are the last parliament chosen by the Bonerian peoples in the principles of international law of reason, ability and good faith that protects small colonized peoples as us from the influence and economical and numerical power of the colonizer Holland. Following the parliament of March 18, 2014, this will not be the case because the Dutch people who are governing and dominating and making laws and ruling us since 10-10-10 have removed this protection, and are repopulating our island with their own Dutch European people. This has caused them to become more numerous then ourselves, and through this illegal constitutional status, they have obtained illegal democratic voting rights. Thus, they will vote and co-form a new parliament not chosen by the Bonerian peoples, but also by their Dutch European peoples.

You are here because of democracy. The people have voted for you, and the same Bonerian people also have the same right as you to democratically vote to choose and determine their our destiny. You have to respect the people’s democratic rights and be aware that it is not acceptable to let the destiny of our Bonerian people be determined by a other people and not the Bonerian people. 

In similar situation a case as ours in New Caledonia that France has repopulated, and filled the islands with their own European French. To prevent that the destiny destiny will unjustly decide by the European French peoples, their parliament has passed the law and condition that residency of at least twenty years is required to have the right to vote in their self-determination referendum. And this decision has been supported by the European Court and is recognized and protected by the United Nations.

Same case in Holland, ourselves as Antillean, Bonerians, with same nationality and Dutch passport, is required to have at least ten years residency to vote for their parliament.

For these reasons we are begging you to consider this and if Holland intimidates you as the previous case and force you to surrender our self-determination right and right to determine our own destiny, that is of a higher level then that of a parliament, for less then these benchmarks, do not accept this, because this is unjust and treacherous.

Holland has to respect your decision, and international law and their laws that they agreed to in the United Nations. And we encourage you, that the Bonerian people have chosen you to defend them, to stay strong for this because you have the support of our international law, and of your peoples behind you. 

Be responsible and do no leave to the peoples themselves to resort to their last recourse and right to rebel and revolution to defend and secure their freedom and rights in their own way.

Infobonaire.com

___________________

(original Papiamento)

Disertashon James Finies na konseho insular den reunión pa disidi pa un referéndum di autodeterminashon

James Finies, Fundashon Nos Ke Boneiru Bek

1 Oktober 2014

Nos ta huntu aki atrobe ku e mes un meta pa sali na vanguardia i defensa di e pueblo boneriano kompletu. E topiko di referéndum i autodeterminashon ku ta nifika determina Boneiru su mes destino, ta 100% responsabilidat di e pueblo Boneriano i no di ningún otro pueblo, instansia, gobiernu, o grupo politiko. Ta e pueblo Boneriano su derecho i boso responsabilidat i deber ta pa regla esaki via e parlamentu aki pa asina e gobiernu por ehekuta boso desishon i mandato konforme leynan internashonal establese di autodeterminashon i laga organisa esaki tambe konforme e leynan aki.

Nos tur ta na altura ku den tur e tres referendumnan, 1993, 2004 i 2010 e pueblo su representashon, pues parlamentu i gobiernu a mal usa su poder ku pueblo a dune i no a kumpli honestamente di akuerdo ku e deseo di e pueblo i ku e akuerdonan i leynan di autodeterminashon art.1541 i e eskohonan mara na esaki, i ta pesey te ku awe nos tur huntu ta den e situashon kaotiko i di divishon komo pueblo Boneriano. Desaroyo i bienestar i felisidat di e pueblo Boneriano den su totalidat loke ta boso tur su meta final komo poltikonan i deber komo representante di pueblo. Esaki ta solamente posibel na e nivel di autodeterminashon, komo isla, país o nashon Boneriano, ta si boso laga boso orguyo personal i posishon di politika partidista lokal, i para huntu i forma un bloke ku e pueblo Boneriano, komo un pueblo Boneriano i huntu kamina i sigui proseso korekto i natural i humano di emansipashon, empodersahon i kreashon di nos nashon Boneriano. No ta eksisti un Boneiru berde, kora, blou, o otro kolo, pero un pueblo Boneriano ku un bandera, un himno i un destino.

Pa logra esaki nos ta roga i suplika boso pa tene kuenta i respeta e pueblo su derechonan ku e la hereda i atkeri, ku e isla di Boneiru ta pertenese solamente na e pueblo Boneriano i no na niun otro pueblo i mester wordu debolbe bek na e pueblo pa e por pase dor nan su siguiente generashonan benidero. Boneiru ta di nos yunan i nan generashonan i nos ku ta aki awor i awe ta nos obligashon i responsabilidat ta pa defende i sigura esaki, nada otro.

Awe ta un dia krusial. Boso ta e ultimo parlamentu skohe pa e pueblo Boneriano den e kuadro di leynan internashonal di rasonabilidat i buena fe ku ta protehe pueblonan chiki kolonisa manera nos, kontra di influensia i poder ekonomiko i numeriko di e país kolonisado Hulanda. E siguiente parlamento después di boso, despues di 18 maart 2014 esaki lo no ta e kaso mas pasobra e pueblo Hulandes ku ta goberna i domina nos i traha leynan for di 10-10-10 a soru pa kita e protekshon aki i ta repopulando nos isla ku nan mes hendenan Hulandes Oropeonan i ta birando mas ku nos mes i nan dor di e status ilegal aki a obtene derecho pa vota, tambe ilegal, i nan lo vota i juda forma un parlemento nobo no vota dor di e pueblo Boneriano pero dor di nan pueblo Hulandes Oropeo tambe. 

Despues di e elekshon benidero, e derecho di autodeterminashon di e pueblo Boneriano lo no ta bao di direkshon di e pueblo Boneriano su eskoho i su parlamento so mas pero lo ta na merced di e parlamento nobo ku e Hulandes Oropeonan manera deskribi ariba tambe ku nan a vota i skohe pe. E divishon ku a krea na 10-10-10 lo bira mas grandi so si nos sigui persisti pa bai waak i midi forsa den elekshon. E elekshon aki no ta kontra kontrikante poltikonan o partidonan ku boso a kustumbra ku ne pero ta ta kontra Hulanda i pa boso isla i territorio Boneiru.

Boso ta aki ta medio di demokrasia, pueblo a vota pa boso, i meskos e pueblo Boneriano tambe tin mesun derecho ku boso pa medio di demokrasia hustu, voto, i skohe i determina su mes destino. Pues mester respeta e pueblo su derechonan demokratiko i tene kuenta ku no ta aseptabel pa laga destino di nos pueblo wordu determina pa otro pueblo ku no ta esun Boneriano.

Si den mesun situashon i kaso igual ku nos na Nueva Caledonia ku Fransia a repopula i jena e isla ku Franses oropeonan i pa evita ku nan destino lo wordu disidi inhustamente dor e pueblo Franses oropeo, nan parlamentu a pasa e ley i kondishon ku mester ta residensia por lo menos 20 anja pa tin e derecho pa por vota den nan referéndum di autodeterminashon. I e desishon aki a hanja respaldo legal di Korte Oropeo i ta wordu rekonose i salbargadia pa Nashonan Uni.

Meskos ku na Hulanda mes nos mes komo Antiano, Boneriano, ku mesun nashonalidat i pasport Hulandes, mester tin por lo menos 10 anja residensia pa por vota den nan elekshon pa nan parlamento.

Address to the Bonerian parliament in the meeting  

Ta pesey nos ta roga boso pa tene kuenta ku esaki i si Hulanda a intimida boso e ultimo biaha i obliga boso pa entrega nos derecho di autodeterminashon i disidi nos mes destino, ku ta un eskoho o votashon nan nivel mas haltu ku esun di parlamentu, pa menos ku e benchmarknan aki, no asepta esaki, pasobra esaki no ta hustu i ta di mala fe .Después di a pasa den dos proseso fraudulento di referéndum sigui, nos komo pueblo Boneriano lo no asepta esaki, bao di ningún forma. Hulanda mester respeta boso desishon i ley internashonal i nan mes leynan ku nan a bai di akuerdo ku ne den Nashonan Uni. I nos ta enkurasha boso, ku e pueblo Boneriano a skohe boso pa defende, pa para fuerte pa esaki pasobra boso tin respaldo di ley internashonal i tambe di boso pueblo boso tras. 

Sea responsabel i no laga pa e pueblo mes, mester resorta na su ultimo rekurso i derecho di rebeldía o revolushon pa defende i sigura su libertat i derechonan na su mes forma.

Espionage Service of disgraced former French Polynesia President Flosse exposed

Radio New Zealand 

International

Tahiti espionage case in court 

in March

Trial over illegal spying in Tahiti deferred until March.

French Polynesia's criminal court is to examine the now defunct and illegal espionage service of the disgraced former president Gaston Flosse.

A case was to go to court this week but the absence of a key lawyer has led to the trial being deferred until the last week of March.

Three years ago, France's highest court upheld the conviction of Flosse for obstructing the examination of the case and he was fined 16,000 US dollars for destroying all evidence pertinent to the espionage service.

READ/HEAR THE FULL STORY HERE .

Okinawans Stage More Anti-U.S. Base Protests in Tokyo

Pan Orient News

Tokyo- (PanOrient News) Hundreds of Japanese people took to the streets of Tokyo on Saturday (Sep.20th) to protest their government’s decision to build a facility for the U.S. military on reclaimed land in Henoko, Okinawa. 

Protestors marched in the popular Shibuya district in central Tokyo to express their anger and accuse Tokyo and Washington of making plans that will threaten the environment and endangered species in the area.

Last December, Okinawa Gov. Hirokazu Nakaima approved landfill work to build a replacement facility in the less populated Henoko coastal district of Nago town, despite strong local opposition. The Okinawa prefectural government approved on August 28 the start of rock drilling off Henoko, a necessary step to fill in the offshore area and build a replacement facility for a key U.S. military base in the southwestern prefecture. This is being done so the functions of the U.S. Marine Corps' Futenma Air Station in Ginowan can eventually be moved.

The drilling project, covering around 172 hectares, will be completed by March 31, 2017.

Japan's top government spokesman Suga said the relocation of the base to Henoko is the only viable solution, but opponents such as Nago Mayor Susumu Inamine and local fishermen have protested the move and expressed concern about water pollution and the impact on local fishing.

First agreed on in 1996 between Japan and the United States, the Futenma relocation plan has been hampered by strong local opposition as well as political wrangling.

In Henoko, non-violent protests have continued on a daily basis as the work continues. Okinawans and other Japanese supporters held rallies in Tokyo, Osaka and Kyoto to express their opposition and try to force the Japanese government to change course. Protesters said that despite the fact that more than 80% of people in Okinawa are against the construction of the U.S. military base, the administration of Prime Minister Shinzo Abe is promoting the construction of the base in Henoko. 

A woman opposed to the Henoko project in Okinawa held a banner appealing for the end of the "forced" construction of the US base in Henoko to protect endangered see animals such as the dugong and turtle, as well as coral reefs.

Banners raised by demonstrators called for the abolishment of the US-Japan military treaty, and pledged, "We won't let them construct a military base at Henoko".

But there’s little chance the Japanese government will change its plans, observers say. The tension with China and North Korea has prompted the Japanese government to move more of its forces to Okinawa and nearby islands in preparation for emergency situations in the region especially over the Senkaku Islands claimed by both Japanese and China. 

Puerto Rico offered membership in Bolivarian Alliance of the Americas

Maduro Meets with Community Leaders in the Bronx, 

Invites Puerto Rico to join ALBA

By Z.C. DUTKA

Around 1,000 people attended the event, which was organized by Citgo, and many arrived early to wait outside for good seats and to hold signs welcoming Maduro as “president of the people.”

The Bronx community

The atmosphere was festive, Gabriela Sierra Alonso, a journalism student in attendance, told venezuelanalysis.com. “People were carrying messages of solidarity, chanting, and handing out fliers. Because it was at Hostos, a big part of the Puerto Rican community was there, particularly those fighting for the release of political prisoner Oscar Lopez Rivera."

As Maduro made his entrance in the auditorium, shaking hands and greeting people warmly, “he chose a seat somewhere in the middle of the crowd,” Sierra Alonso noted, “as opposed to in a VIP section up front.”

Danilo Lachapelle, a Dominican reverend, gave a welcoming prayer to Maduro, in which he called upon Latin America to extend its solidarity to undocumented immigrants in the United States who “suffer many human rights violations and whose dignity is trampled.” 

The reverend thanked Venezuela for its constant support of those struggling around the world, especially, he noted, the significant aid given to Haiti after the 2010 earthquake. 

“One day the Haitian people will emerge from the difficult situation they are in," he preached. "It becomes ever more likely with the appearance of leaders of the Great Homeland such as Hugo Chavez, and President Maduro, and the other progressive leaders of Latin America.”

Community activist Wanda Salaman followed the reverend with a short speech recalling the impact Hugo Chavez made on the working class and immigrant district that is the Bronx.

“With the Simon Bolivar Foundation and Citgo we have been able to continue the work that we started ...in a range of collectives and projects for homeless people, racial struggles, cultural groups and more," she said.

The Simon Bolivar Foundation, a 501(c)(3) of Citgo, has funded nearly $1.25 million in grants for 32 South Bronx programs in the areas of arts and culture, education, environment and health, according to official data. 

Next to take the stage was the UpBeat NYC Youth Orchestra, which has modeled its non-profit and community based initiative off of Venezuela’s hugely successful El Sistema youth orchestra program.

The following speaker, Joseph Kennedy III, recalled how a 2005 partnership with Hugo Chavez gave him the honor of helping to provide “almost a million families within the heating program that Venezuela has been giving to poor of this country for almost ten years.”

Maduro takes the stage

“The first thing he did was invite the children's orchestra to Venezuela,” Sierra Alonso told venezuelanalysis.com. “He seemed truly delighted by their performance.”

The Venezuelan leader told the crowd how he was detained by airport security for around 45 minutes, and was almost made late to the event after being forced to pull over for 25 minutes to let Barack Obama’s motorcade pass by on Park Ave.

But the government official really won the crowd over as he recalled recent criticisms published in editorials by the Washington Post and the New York Times, the first of which referred to him as an “economically illiterate former bus driver”. 

“I am proud,” Maduro said emphatically to great applause, “to have been a worker of the Caracas metro, to have been a day-laborer and now be president; I’ll let everyone at the Washington Post know!”

“How many [false] things are said daily of Venezuela among mass Western media?” he continued. “How many lies are fabricated in relation to the lives of the noble people of Venezuela, whose only sin was to aspire and dream of a new society, by constructing new socio-economic and political models which surpass capitalism?”

“To the Department of State, the Pentagon, the National Communication Association (NCA), to the White House, I ask you now to rectify the erratic political abuse of Venezuela and our revolution, because our revolution will not fall – on the contrary, it is rooted in popular, democratic constitutionality…and we have the reason and the right to continue it.”

Other key moments were Maduro’s calls for Puerto Rico to join the Bolivarian Alliance for the People of our Americas (ALBA), and his plea for the United States to free political prisoner Oscar Lopez Rivera, whose “only crime was to wish for an independent Puerto Rico.”

“We should recognize how we are one people,” Maduro implored, “We cannot allow ourselves to be poisoned with hate…to justify wars that divide us when in the end, the same owners of capital who have looted this world for the past 100 years are the ones to rule.”

“It’s inevitable that everyone there, myself included, was comparing his presence to Chavez,” Sierra Alonso concluded. “And while he lacked the punch that made Chavez what he was, you felt as if he [Maduro] was alongside you, not above you, and that is significantly refreshing.”

Bonaire political status referendum education activities underway

Flosse, convicted former Fr. Polynesia president, hired by territory's Assembly led by his political party

Radio New Zealand 

International

Flosse hired by Tahiti's ruling party

French Polynesia's ruling Tahoeraa Huiraatira party has hired the disgraced former president, Gaston Flosse, as an advisor and given him an office at the territorial assembly.

This comes only weeks after France's highest court stripped him of all his elected offices, including the assembly seat, for corruption, upheld a suspended prison sentence and fined him 170,000 US dollars.

The party has accommodated Flosse in an office next to the party's caucus leader.

His appointment comes shortly after he denied that there was such an arrangement.

He is barred from public office for three years and has not excluded a possible comeback in 2018 when he turns 87.

Guam, Northern Marianas present indigenous perspectives to U.N.

  

Wikipedia.org

GUAHAN COALITION FOR PEACE AND JUSTICE (Guam)

NORTHERN MARIANAS DESCENT CORPORATION (Saipan)

JOINT PRESS RELEASE

“CHAMORROS AND REFALAWASCH OF THE MARIANA ISLANDS PARTICIPATE IN DEVELOPING IMPLEMENTATION STRATEGIES HONORING INDIGENOUS RIGHTS AT THE UNITED NATIONS”

         Indigenous Peoples are among the most disadvantaged and vulnerable populations, with many of them struggling to remain on their lands and retain the right to their natural resources, while others have long since been removed from their lands, denied their languages and traditional ways.

         In order to share perspectives and best practices on the realization of the rights of indigenous peoples, the General Assembly of the United Nations decided to organize a high-level plenary meeting of the General Assembly, to be known as the “World Conference on Indigenous Peoples” (WCIP).

         The first and historic World Conference on Indigenous Peoples was held on 22-23 September 2014 at the United Nations Headquarters in New York and resulted in a concise, action-oriented outcome document prepared on the basis of inclusive and open informal consultations between Member States and indigenous peoples (see attachment). 

            Representation from the Chamorro and Refalawasch communities of the Mariana Islands participated in this historic event.  Ms. Roxanne Diaz from the Commonwealth of the Northern Mariana Islands and Dr. LisaLinda Natividad from Guahan (Guam) engaged the conference as part of the Pacific Caucus.  Ms. Roxanne P. Diaz, an indigenous Chamorro woman nominated by the Northern Marianas Descent Corporation, a grassroots non-governmental indigenous organization in the CNMI.

            In a released statement after the U.N meeting, Ms. Diaz said, “I was amazed to find out that it took over 30 years to get this far.  I have so much to learn from the journey walked thus far that got us here and the journey that we still need to walk ahead to actually realize what’s written on the outcome document.” 

Cognizant of the role the United States (U.S.) plays in implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Ms. Diaz made it a point to meet the U.S. State Representative at the WCIP meeting and was able to do so briefly on Tuesday, September 23^rd. According to Ms. Diaz,

“I initially felt so honored and humbled to be meeting the United States’ representative regarding the UNDRIP, only to find out that the U.S. representative didn’t even know that the Commonwealth of the Northern Mariana Islands is in political union with the United States and moreover, made up of indigenous peoples and other American citizens.”  Though appalled by her discovery, Ms Diaz added, “I should feel very discouraged right now but ironically, finding out at the WCIP that my peoples’ fate was not in the United States’ decision-making agenda all these years, further fuels my heart and commitment for why we are here today.” 

            In 2007, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by a majority of UN member states; however, the United States was one of four countries that initially opposed it.  The WCIP served as a follow-up to the adoption of the UNDRIP and the WCIP Outcome Document is an implementation guide for the UNDRIP. 

            Dr. Natividad drew a connection with a legal case currently challenging the right to Chamorro Self-Determination on Guam.  She stated:  “The legal case is currently being framed as a domestic civil rights issue.  The UNDRIP- a document to which the United States eventually signed on to- is an instrument wherein the United States has committed to honor its obligations to indigenous peoples.”

             Dr. Natividad further said, “The case needs to be more broadly contextualized as a human and indigenous rights issue, and not one limited to the constrictions of civil rights pertaining to integrated states of the United States.  On this point, it is to be emphasized that U.S. territories which are administered by the U.S. like Guahan are not integrated as states of the U.S. Hence, the U.S. judicial system needs to take into account the U.S. international obligations to indigenous peoples and apply it to the legal case wherein it should uphold Chamorros’ inalienable right to self-determination.”  The international obligations of self-determination and decolonization to the people of these territories, as contained in the United Nations Charter, are also wholly applicable in this case.

            In sharing overall impressions of the conference, Dr. Natividad reflected how participating in United Nations processes is critical to understanding the issues facing Chamorros and other indigenous peoples of the world.  She stated, “The rights of indigenous peoples need to be respected.  This is a global precedence.  Indigenous peoples all over the world are making out victoriously in the protection of their lands, waters, traditions, and ways of life.   International instruments such as the UNDRIP and the WCIP Outcome Document are necessary tools that ensure indigenous rights are honored and protected.”

   

            Ms. Diaz stated, “We, as indigenous peoples of the Marianas and the world, have much work ahead of us and our very existence today as the first peoples of the land and the endorsement of the United Nations Declaration on the Rights of Indigenous Peoples exemplifies that we are strong and must continue to fight for what is right and good for all peoples.”  

Indigenous peoples conference in Marianas explores socio-economic, political issues

Lonelyplanet.com

Indigenous organization to hold first annual conference

Marianas Variety

By Richelle Agpoon-Cabang

Chamorro, Carolinian people to talk about indigenous issues

By Richelle Agpoon-Cabang

TO inform the indigenous Chamorro and Carolinian people about their rights and role in the islands’ economic, social and political development, the Northern Marianas Descent Corp. or NMDC, is hosting its first Annual Marianas Indigenous Conference on Sept. 29-30 from 7:30 a.m. to 4:30 p.m. at the multi-purpose center.

John DLR. “Bolis” Gonzales, a volunteer member and one of the moderators of the event said NMDC is a two-year-old nonprofit organization whose vision is “a self-sustaining and self-governing commonwealth whose destiny shall continue to remain in the hands of the indigenous Chamorro and Carolinian people of Northern Marianas descent.”

Gonzales said the conference is a way to enrich the awareness of indigenous cultural issues.

He said during the event there will be constructive discussion about issues that indigenous people are facing in the community.

According to Gonzales, the islands have become a melting pot of different cultures in the Pacific and their forum will be a good venue for discussing culture.

“Knowledge is power and information helps people understand the importance of their culture and how other people can harmoniously blend with our culture. Respect is important and other cultures should respect our cultural homeland just as we respect theirs [when we visit their countries],” he said.

Individuals from the public and private sectors were invited to speak during the forum.

The program includes discussions about the Covenant and the decolonization of the NMI, federalization issues, Article XII, opportunities and threats to the economy as well as indigenous language and culture.

Gonzales noted the importance of discussing language and encouraging Chamorro and Carolinian families not to forget their languages.

He said funding for the conference did not come from any government entity, but from “NMDC’s own pockets.”

Interested participants may register at the Garapan Youth Development Center beside the Carolinian Utt or call 233-8978 for more information.

Ainu, Okinawans join first U.N. indigenous peoples’ conference

Keiko Itokazu, an Upper House member from Okinawa Prefecture, addressed the World Conference on Indigenous Peoples  

Delegates for indigenous peoples from around the world, including Ainu and Okinawans, gathered this week at the United Nations to discuss measures to ensure their political representation and freedom from discrimination in the first U.N.-backed conference of its kind.

Kazushi Abe, vice president of the Ainu Association of Hokkaido, and Shisei Toma, of the Association of the Indigenous Peoples in the Ryukyus, an Okinawa civic association, were among those invited to speak at the two-day World Conference on Indigenous Peoples through Tuesday.

The two-day conference focused on the implementation by the U.N. and national and local governments of the U.N. Declaration on the Rights of Indigenous Peoples Rights, which was adopted by the U.N. General Assembly in 2007.

The declaration promotes the rights of indigenous peoples to organize their own political systems, live free from discrimination, hold their traditional land, be consulted on development that affects them and other human rights. It is not a legally binding instrument under international law.

READ THE FULL REPORT HERE.

Pacific Caucus at World Conference on Indigenous Peoples calls for implementation of international commitments on decolonisation

Statement of the Pacific IP Caucus

High Level Plenary Meeting of the 69^th Session

of the United Nations General Assembly

World Conference

on Indigenous Peoples (WCIP)

United Nations Headquarters

 New York, New York, 

September 22-23, 2014

Roundtable 2: Implementing the Rights of Indigenous Peoples

at the national and local level

Infoplease.com

"The U.N. has the responsibility and obligation to intervene, to be active facilitators in movement towards decolonization..."

The Pacific Caucus supports the implementation of all actions and commitments made by states as put forth on the WCIP Outcome Document and looks forward to the role of the senior U.N. official for raising at the highest possible level increased awareness of the rights of indigenous peoples.  

Nonetheless, we also implore the United Nations to hold member states accountable for honoring its commitments to indigenous peoples as agreed upon in the U.N. Declaration on the Rights of Indigenous Peoples.  

For example, Guahan in the Marianas Islands of Micronesia has been on the U.N. list of Non-Self Governing Territories (NSGTs) since it was created in 1946.  The island’s administering power, the United States, has yet to facilitate the opportunity for Chamorros to exercise their right to self-determination and achieve a full measure of self-government. 

While the U.N. Committee on Decolonization or the C-24 has heard testimony by Chamorros for three generations, the United States has not participated in the process and is absent for all meetings on the Question of Guam. 

In this case, the U.N. has the responsibility and obligation to intervene, to be active facilitators in movement towards decolonization, to sanction the United States for failing to honor its commitments as set forth in U.N. Resolution 1514, and ultimately to uphold Chamorros' most sacred Right to Self-Determination. Other Pacific NSGTs also trapped in this process include the lands of Tokelau, Maohi Nui, and the Kanaky.

A second recommendation as we move towards the implementation of the WCIP Outcome Document is for the United Nations to consider the broader inclusion of issues and rights that are not explicitly detailed in the UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples) or the WCIP (World Conference on Indigenous Peoples) Outcome Document. 

For example, the issue of the militarization of our lands, territories, and resources has been a long standing struggle impacting the lives of indigenous peoples. Living alongside military presence has resulted in land dispossession, poor health outcomes, and genocide.  

Free prior and informed consent was not given by Pacific peoples, as in the case of Chamorros in the Mariana Islands and the Kanaka Maoli of Hawai'i. This is especially dangerous in the context of the United States' Pacific Pivot towards our region as it postures against China. The heavy military presence in our lands, waters, and air has compromised our very ways of life and sustainability on this planet. So while states turn their heads away from the issue of militarization; they must still consider it in the broader context of the protection of lands, territories, and resources.

In addition, the Pacific Caucus calls upon the U.N. to require states to develop plans of action to implement the WCIP Outcome Document.  We also recommend that the United Nations schedule a follow-up conference to this effort within the next few years to receive updates on the implementation process from states and indigenous peoples.   

In closing, the Pacific Caucus is grateful for participation in this historic process and looks forward to future movement towards the realization of our indigenous rights at the local, national, and global levels.

American Samoa Economy Shrinks in 2013; Consumer Spending Grows

U.S. Department of Commerce

Bureau of Economic Analysis

Estimates of gross domestic product (GDP) for American Samoa show that real GDP — adjusted to remove price changes — decreased 2.4 percent in 2013. In contrast, real GDP for the U.S. (excluding the territories) increased 2.2 percent in 2013.

The decline in the American Samoa economy reflected a decrease in territorial government spending that was partly offset by increases in consumer spending and private fixed investment.

Territorial government spending declined for a second year, primarily reflecting reductions in construction spending and purchases of equipment. Federal grant revenues, which make up a significant portion of the central government’s revenues, also decreased for a second year.

Consumer spending grew for the first time since 2004. The largest contributor to the increase in 2013 was purchases of nondurable goods. The growth in nondurable goods was driven primarily by food and beverage purchases.

Private fixed investment, which includes spending by businesses on construction and equipment, grew in 2013. This growth reflected investments by the tuna canning industry, including the completion of a multimillion-dollar cold storage facility in April 2013.

Read the full report here.

Stubborn Retention of Empire: British 'misrepresentations' on sovereignty of Malvinas Islands challenged again by Argentina

Illustration by Jose Eduardo Enrique

____________________________

A/68/978

General Assembly
Distr.: General
20 August 2014
English
Original: Spanish

Sixty-eighth session
Agenda item 44

Question of the Falkland Islands (Malvinas)

Letter dated 13 August 2014 from the Permanent Representative of Argentina to the United Nations addressed to the Secretary-General:

I have the honour to write to you on instructions from my Government in order  to transmit herewith a reply to the letter dated 10 February 2014 from the Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the United Nations (A/68/747), which in turn responded to the letter of 3 January 2014 sent by Argentina (A/68/698).

The Argentine Republic once again expresses its regret that the United Kingdom of Great Britain and Northern Ireland has continued to misrepresent historical facts in a clear attempt to conceal the act of usurpation it committed in 1833; this act has, since the moment the British invaded, been the subject of continuing and repeated protests by Argentina.

Reaffirming the Argentine Republic’s legitimate sovereignty rights over the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas, I should be grateful if you would have this letter circulated as a document of the General Assembly under agenda item 44, concerning the question of the Malvinas Islands.

READ THE FULL LETTER ON THE UNITED NATIONS WEBSITE.