Puerto Rico police accused of abuses by U.S. Justice Department

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 Results of Justice Dept. probe 

By CHARLIE SAVAGE and LIZETTE ALVAREZ

NEW YORK TIMES

WASHINGTON — In a blistering condemnation of the second-largest police force in the United States, the Justice Department is accusing the Puerto Rico Police Department of a “profound” and “longstanding” pattern of civil rights violations and other illegal practices that have left it “broken in a number of critical and fundamental respects.”

In a 116-page report that officials intend to make public Thursday, the civil rights division of the Justice Department accused the Puerto Rico Police Department of systematically “using force, including deadly force, when no force or lesser force was called for,” unnecessarily injuring hundreds of people and killing “numerous others.”

The report, a copy of which was obtained by The New York Times, says the 17,000-officer force routinely conducts illegal searches and seizures without warrants. It accuses the force of a pattern of attacking nonviolent protesters and journalists in a manner “designed to suppress the exercise of protected First Amendment rights.”

And it says investigators “uncovered troubling evidence” that law enforcement officers in Puerto Rico appear to routinely discriminate against people of Dominican descent and “fail to adequately police sex assault and domestic violence” cases — including spousal abuse by fellow officers.

“Unfortunately,” the report found, “far too many P.R.P.D. officers have broken their oath to uphold the rule of law, as they have been responsible for acts of crime and corruption and have routinely violated the constitutional rights of the residents of Puerto Rico.”

The report is likely to intensify a sense of distress among the nearly four million American citizens who live on Puerto Rico, where violent crime has spilled into well-to-do areas. While violent crime has plummeted in most of the mainland United States, the murder rate in Puerto Rico is soaring. In 2011, there have been 786 homicides — 117 more than at this point last year.

Rather than helping to solve the crime wave, the Puerto Rico Police Department is part of the problem, the report contends. In October, the Federal Bureau of Investigation arrested 61 officers from the department in the largest police-corruption operation in bureau history. And the arrest of Puerto Rican police officers, the report says, is hardly rare.

From January 2005 to November 2010, it said, there were more than 1,709 such arrests for offenses “ranging from simple assault and theft to domestic violence, drug trafficking and murder.” During a comparable period, the New York Police Department, with a force about twice the size, had about 607 such arrests.

“The degree of police corruption and criminal misconduct in Puerto Rico is high and contributes to the public safety and civil rights crisis,” the report said. “More P.R.P.D. officers are involved in criminal activity than in any other major law enforcement agency in the country.”

A “finding” by the civil rights division of a pattern or practice of constitutional violations by a police department is a precursor to a lawsuit, which either goes to trial or, if the local authorities agree to changes, may be settled on the day it is filed. The division has 17 such investigations open, including in New Orleans, Newark and Seattle.

Its investigation of the Puerto Rico police, which began in July 2008, resulted in one of the most extensive such critiques the department has ever produced. It condemns nearly every aspect of the force — its hiring and training practices, the way it assigns and promotes officers, and its policies governing officer behavior and accountability for misconduct.

The report recommends 133 remedial measures that would amount to a sweeping intervention. It is likely to create a political headache for Puerto Rico’s governor, Luis G. Fortuño, a Republican who took office in 2009 and, as chief executive, oversees the department.

Mr. Fortuño has been criticized for his administration’s handling of a series of mostly nonviolent demonstrations by students and workers to protest higher university fees and government layoffs. Riot police hit protesters, bystanders and journalists with batons and used pepper spray and choke holds, in incidents that were videotaped and are discussed in the report.

Two months ago, Mr. Fortuño named a new police superintendent, Emilio Díaz Colón, a former National Guard adjutant general. During his confirmation, Mr. Díaz said he would not shy away from doing what was necessary to “convert the Puerto Rican police into an example of a disciplined, effective” force, but also said he did not plan any immediate major changes.

“We all recognize that there have been challenges at the Police Department that pre-date the governor’s administration,” Edward Zayas, a spokesman for Mr. Fortuño, said on Wednesday. “The governor has always acknowledged that the Puerto Rico Police Department needs reforms. However, he did not wait for any report from the D.O.J. in order to act.”

The Justice Department began the investigation in part due to complaints by the American Civil Liberties Union. In June, when President Obama visited the island, the A.C.L.U. sent him a letter contending that the police had “engaged in a level of brutality against U.S. citizens” with a degree of impunity that “would not be tolerated in the 50 states.”

While the report said Puerto Rican officials cooperated with the investigation, it was hindered by poor record-keeping. For example, the Puerto Rico Police Department reported 39 rapes last year — a figure the report portrays as unbelievable because nearly every other jurisdiction has far more rapes than murders.

The report focused on the “rampant” use of “unnecessary or gratuitous” force, a problem made worse by the use of tactical units — heavily armed officers who are poorly trained and steeped in “violent subcultures” — for ordinary police work. It says such units frequently “rely on intimidation, fear and extreme use of force to manage crowds and are often deployed to low-income and minority communities on routine patrols.”

The report also recounts many “illustrative incidents” and includes a nine-page appendix listing dozens more. One example it said exemplified “many of the deep-rooted deficiencies that continue to plague P.R.P.D.” was the killing of Cáceres Cruz in August 2007 by a tactical unit officer.

Mr. Cruz was directing traffic near a birthday party when three officers drove by and thought he had insulted them. They told Mr. Cruz he was under arrest and wrestled him to the ground, during which time one officer shot himself in the leg.The officer then repeatedly shot Mr. Cruz, who was lying on the ground, in his head and body before they drove off. An internal investigation cleared them of misconduct. But after a video of the incident surfaced in the news media, one officer was convicted of murder. It emerged that seven complaints had been filed against him, but had been largely ignored.

“The tragic events surrounding the Cáceres Cruz shooting served as a stark reminder of P.R.P.D.’s institutional dysfunction,” the report said.

Charlie Savage reported from Washington, and Lizette Alvarez from Miami.

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Fortuño asegura que seguirá adelante con la abarcadora reforma que ha comenzado en la Policía

El Gobernador de Puerto Rico, Luis Fortuño, expresó hoy el compromiso de su Administración de seguir adelantando el abarcador plan de reforma que ha comenzado a implantar en la Policía de Puerto Rico, con el fin de lograr una Policía que pueda, al mismo tiempo, combatir efectivamente el crimen y proteger los derechos civiles de los ciudadanos.


"Esta Administración está comprometida con seguir implementando en la Policía de Puerto Rico un reforma sustentable que resulte en una Policía que sea efectiva combatiendo el crimen y protegiendo los derechos civiles de los ciudadanos", dijo el Gobernador.

Las expresiones de Fortuño se dieron durante una conferencia de prensa conjunta con el Secretario Auxiliar del Departamento de Justicia federal a cargo de la División de Derechos Civiles, Thomas Pérez, quien se reunió ayer con el Gobernador para presentarle los resultados de una investigación llevada a cabo por el Departamento de Justicia federal sobre alegadas violaciones de derechos civiles por parte de la Policía de Puerto Rico.

La investigación federal, que data del 2008, se originó a raíz de unos incidentes que datan del 2004 al 2008 en que se alegaron violaciones de derechos civiles por parte de la Policía de Puerto Rico. Fueron esos eventos los que dieron pie a la investigación cuyos resultados se anunciaron hoy.

"Aunque esos incidentes y la consecuente investigación del Departamento de Justicia datan de antes de nuestra Administración, desde que empezamos nuestra gestión en el 2009 hemos asumido la responsabilidad sobre esta situación y cooperado plenamente con el Departamento de Justicia federal en dicha investigación. No sólo eso, sino que nos hemos comprometido de manera inequívoca y absoluta con llevar a cabo las reformas necesarias para corregir estas deficiencias en la Policía", dijo Fortuño.

"Por décadas, la Policía de Puerto Rico le ha servido al Pueblo de Puerto Rico con excelencia, integridad, compromiso, dignidad y respeto. La Policía de Puerto Rico ha sido además pieza clave en innumerables esfuerzos conjuntos con el gobierno federal en la lucha contra el narcotráfico y el crimen organizado y en defensa de la seguridad nacional. Esta Policía le ha servido bien a Puerto Rico y al resto de Estados Unidos a pesar de los enormes retos que por años ha enfrentado, incluyendo falta de recursos, falta de adiestramiento adecuado y falta de procesos que aseguren que tenemos una Policía, no sólo efectiva combatiendo el crimen, sino también defendiendo los derechos civiles de los ciudadanos", explicó el Gobernador.

Fortuño enfatizó el hecho de que su Administración no esperó a que el informe de Justicia federal estuviera listo para empezar a actuar. Explicó que formó un equipo de asesores y expertos de reconocido peritaje a nivel nacional, incluyendo a la persona que el mismo Departamento de Justicia federal ha contratado como facilitador para monitorear este tipo de reformas en casos similares en otras jurisdicciones.

Además, por Orden Ejecutiva, facultó al Monitor Especial Independiente para que hiciera una radiografía de la Policía y delineara un plan de reforma abarcador que resultara en una Policía que pudiera al mismo tiempo combatir efectivamente el crimen y proteger los derechos civiles de los ciudadanos.

"Desarrollamos un plan abarcador y completo de reforma el cual sometimos al Departamento de Justicia en Washington en marzo de este año en la forma de un Plan Integral de Reforma de la Policía para su evaluación y recomendaciones. Para que tengan una idea, ese Plan Integral de Reforma de la Policía ya atiende de manera específica 110 de las 133 recomendaciones contenidas en el informe que se está anunciando hoy. De manera que, aunque el Departamento de Justicia aún no nos ha remitido una evaluación final de ese Plan Integral de Reforma de la Policía, confío que pronto podamos continuar nuestras conversaciones con oficiales del Departamento de Justicia federal para encontrar juntos las mejores soluciones. De hecho, ya nos hemos dado a la tarea de implantar componentes específicos de nuestro Plan Integral de Reforma en consulta con", dijo el Primer Ejecutivo.

"Para darles solamente un ejemplo, como resultado de ese proceso, nuestro equipo de expertos asesores nos ayudó a elaborar una nueva política sobre el uso de fuerza en la Policía, la cual sometimos al Departamento de Justicia federal a finales del año pasado para evaluación y comentarios. Recibimos e incorporamos las sugerencias de Justicia federal, implantamos la política y ya al día de hoy 1,500 efectivos de la Policía de Puerto Rico han sido entrenados bajo los estándares de esta nueva política sobre el uso de fuerza que me atrevo a decir es de avanzada en comparación con la de cualquier jurisdicción de la nación.

"Ese mismo proceso de colaboración y consulta en pro de una reforma sustentable en la Policía de Puerto Rico es el que confiamos podamos continuar en los próximos meses con la colaboración del Departamento de Justicia federal y así se lo hemos expresado no sólo al Secretario Auxiliar Pérez en su visita a mi oficina ayer, sino al propio Secretario de Justicia Eric Holder con quien he mantenido correspondencia en diversas ocasiones y a quien también he visitado personalmente para que atendamos juntos estos asuntos", sostuvo el Gobernador.

Fortuño recalcó el hecho de que su Administración tiene un récord probado de colaboración efectiva con las autoridades federales en diversas áreas que ha servido para resolver problemas históricos que, como éste, se han venido arrastrando de administraciones pasadas.

"No tengo la menor duda de que vamos a lograrlo. Esta Administración tiene un récord probado de colaboración y coordinación efectiva con las autoridades federales. Empezando por las mismas autoridades del Departamento de Justicia federal radicadas aquí en Puerto Rico con quienes colaboramos, y la misma Policía de Puerto Rico colabora, mano a mano en la lucha contra el crimen y el narcotráfico y en defensa de la seguridad nacional. Creo que tanto la Fiscal de Distrito federal Rosa Emilia Rodríguez, como Luis Fraticelli, quien acaba de terminar su gestión como Agente Especial A Cargo del Negociado Federal Investigaciones en Puerto Rico, pueden dar fe de ello y no dudo que así mismo será con el nuevo jefe del FBI.

"Pero no sólo en el área de ley y orden, sino que en otras áreas también, nuestra Administración ha demostrado el compromiso de resolver los problemas-aunque hayan sido heredados de pasadas administraciones—colaborando de manera efectiva con las autoridades federales aquí y en Washington D.C. para lograr las soluciones que nuestro pueblo quiere y se merece".

"Ese ciertamente ha sido el caso de Educación, donde heredamos una situación de monitoreo por parte del Departamento de Educación federal por una serie de deficiencias que nuestro Departamento de Educación venía arrastrando desde pasadas administraciones. Las hemos ido atendiendo, las hemos ido arreglando, y el mismo Secretario de Educación Arne Duncan así lo ha reconocido.

"Ese ha sido también el caso de nuestro sistema de Corrección, donde después de 33 años de monitoreo del tribunal federal, ya alcanzamos el cumplimiento en cuanto al señalamiento de hacinamiento. En fin, que esta Administración finalmente está resolviendo ese asunto también", agregó el Primer Mandatario.

Al final de su corto pronunciamiento durante la conferencia de prensa, Fortuño le dio un fuerte espaldarazo a la Uniformada por la labor que hacen "esos héroes que a diario arriesgan su vida para proteger la nuestra".

"Este informe de ninguna manera debe tomarse ni como una afrenta a tu dignidad ni como un reto al respeto que te tiene el Pueblo de Puerto Rico por la excelente labor que a diario haces para protegernos a todos. Si algo, este informe debemos recibirlo como una herramienta de trabajo más, que nos ayude en el proceso que ya hemos comenzado de darte los recursos, la tecnología, el entrenamiento, y los procesos que tú necesitas para hacer mejor y más profesionalmente tu trabajo. Lo que el Pueblo de Puerto Rico quiere y se merece es una Policía que sea efectiva combatiendo la criminalidad. Yo no tengo la menor duda de que la mejor manera de lograrlo no es mancillando su reputación o cuestionando su compromiso e integridad sino dándole los recursos, la tecnología, el adiestramiento y los procesos que necesitan para combatir el crimen de manera profesional, protegiendo los derechos civiles de los ciudadanos.

"En esa suprema encomienda ustedes, los hombres y mujeres de nuestra Policía, deben saber que tienen el respaldo absoluto de este Gobernador y de todo el Pueblo de Puerto Rico", concluyó el Gobernador.

Tokelau to use solar, coconut oil to generate energy

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Pacific islands to go solar by 2012

TOKELAU, New Zealand, Sept. 13 (UPI) -- The South Pacific islands of Tokelau say they're committed to obtaining 93 percent of their electricity demand from solar power -- and the rest from coconuts.

Tokelau's leader Foua Toloa said this week solar energy will provide the majority of the electricity by the middle of next year and the rest will come from coconut oil, NewScientist.com reported Tuesday.

Motor vehicles and some cooking equipment will still be allowed to use fossil fuels but renewables will provide most of the nation's power needs, he said.

Around 1,500 people live on the three small Pacific atolls administered by New Zealand.

The islands' highest point is just 16 feet above sea level, making them vulnerable to rising ocean levels caused in great part by global warming from burning fossil fuels.

Tokelau currently relies on fossil fuels for its power, including kerosene, gasoline and natural gas, which are transported from New Zealand.

The new plan calls for each island's electricity grid to be fed by solar photovoltaic cells, with batteries to store excess electricity for the night.

During periods of overcast or when electricity demand exceeds solar supply, coconut oil will fuel a generator to supply power and recharge the batteries, officials said

Bermuda eyed as market for electric cars

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Are electric cars the wave of the future?

Businessman wants to set up Bermuda dealership based on Cayman model

The Wheego LiFe can travel 100 miles before needing a charge.

Bermuda Sun

Amanda Dale

Sub-editor/writer

Bermuda could develop a network of solar-powered charging stations for electric vehicles.

US entrepreneur John Felder is viewing the island as a destination on which to expand his electric vehicle (EV) dealership. Mr Felder is president and CEO of Cayman Automotive Leasing and Marketing Ltd, which he says is the first authorized dealer of EVs in the Caribbean.The company launched the first EV solar panel charging station in the Caribbean in Grand Cayman in June. The facility, at Governors Square, Georgetown, is the first of 14 planned solar charging points across the Cayman Islands.

Not only do EVs reduce carbon emissions but they save motorists money on filling up their tanks at the gas station. Solar-powered charging stations reduce a vehicle’s carbon footprint to zero. Mr Felder has so far sold four Chevrolet Volt hybrid cars in Grand Cayman and will be importing another four models which are 100 per cent electric — the Wheego LiFe, Tazzari Zero, an EV SUV and a four-door sedan. And he expects to expand to Bermuda — importing all five models here — by the end of the year.

The businessman, originally from Maryland, worked for the Chrysler Group for 25 years before setting up his Cayman automotive dealership. He said he has been working with the Cayman Islands government to progress legislation for electric vehicles.

“For the past six months I’ve been working with the government here to get the law passed, to allow the use of electric cars on the roads,” he said. “It is now expected to be passed in September.” Mr Felder said the Tazzari Zero and Wheego LiFe can reach 100 miles on one charge.

“There has been a lot of interest,” he said. “A lot of people are waiting for these cars, especially as the gas prices here are so high."

Impressed

“Many people are also sensitive about environmental issues.” He senses a similar receptive public in Bermuda. Mr Felder said he was “impressed” by Premier Paula Cox. “She is very vocal about her intentions to make Bermuda a green island,” he said. “And if you import a green vehicle, there is zero per cent duty. That’s outstanding, and I applaud her for that. It also makes selling cars in Bermuda very marketable.

“Bermuda is small island and the speed limit is 22mph, which is even lower than in Cayman (50mph).

“Bermuda also has similar demographics to Cayman in that 25 to 40 per cent of the population is college-educated and on a decent salary, creating a target market for electric vehicles.”

Mr Felder said he has already identified an agent in Bermuda, but would not reveal his identity other than to say he is “a local individual”. In Grand Cayman the Wheego LiFe and Tazarri Zero will retail for $25-30,000, but Bermuda residents can expect to pay a lot less due to the absence of duty.

“Selling these cars in Bermuda will be cheaper. The duty here (in Cayman) is 21 per cent, so that’s a big difference.” He said he hopes to start importing the Volt, LiFe, Zero, the as yet unnamed electric SUV and EV four-door sedan into Bermuda “before the end of the year”.

The company will also set up a network of solar-powered charging stations to reduce “range anxiety” — the fear of running out of power away from home.

“We will set up charging stations at strategic locations so people will never have to worry about getting a charge when they need it,” said Mr Felder.

“The charging sites will be based on the number of cars sold and the layout of the island. But I would say we’re looking at eight to 10 charging stations in Bermuda.”

“It makes sense to use the one renewable energy source (solar power) which we have in abundance in this region.”

Legal Scholar Dame Bernice Lake Joins the Ancestors

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St. Kitts & Nevis Attorney General Nisbett pays tribute

BASSETERRE, ST. KITTS, SEPTEMBER 12TH 2011 (CUOPM) – St. Kitts and Nevis’ Attorney General and Minister of Justice and Legal Affairs, Hon. Patrice Nisbett is adding his voice to the tributes to the late Dame Bernice Lake, QC.

“Her career has been brilliant and it is a loss not only to Anguilla where she was born and Antigua and Barbuda, her adopted home, but to the OECS and the wider Caribbean,” said Mr. Nisbett.

He said Dame Bernice has left an indelible mark in jurisprudence especially in the area of Human Rights and Constitutional Law and her guidance, counseling and expertise will be surely missed.

The Observer in Antigua reports that the 78-year-old jurist died on Saturday at Mount St. John’s Medical Centre after a brief illness.

She was born in Anguilla, schooled in St. Kitts and eventually made Antigua her home, where she practiced law from her Chambers – Lake and Kentish.

Prior to making her mark in constitutional law and human rights, Dame Bernice taught in St. Kitts at the Girls High School. She then travelled to Jamaica to pursue studies in History at a newly-established University College of the West Indies. The college would later be known as the University of the West Indies. She graduated, with honours, and began a career in the diplomatic service of the West Indies Federation.

After the 1962 collapse of the Federation, Dame Bernice opted to study law at University College of London.

“I was privileged to meet her there in 1964 as a humble freshman while she was a queen of the Students Union and as I remember her, she brought real class to that ferment of student agitation in the days of anti-apartheid and other student protests,” UWI Professor Henry Fraser remarked of her in 2007.

In 1967, she earned an Honours Degree in Law, was called to the Bar in St. Kitts and moved on to launch a distinguished career, establishing herself as a thorough and formidable attorney with a deep sense of passion for justice.

Her extensive work on constitutions within the Leewards made her an expert in the field. Not only was she the main architect of the Anguilla Constitution in 1975, she was part of the team that framed Antigua & Barbuda’s Constitution in 1981.

As a respected attorney, Dame Bernice was considered a trailblazer. She was the first woman in the Eastern Caribbean and the first University of the West Indies graduate to be bestowed the distinguished title of Queens Counsel.

She was knighted in 2004 by the Antiguan & Barbudan government for her contribution to the legal field, her stance on women’s issues, civil and political rights and her personal integrity.

Three years later, she was awarded an Honorary Doctorate of Law Degree from her Alma Mater – The University of the West Indies.

In July, Lake was honoured by the Eastern Caribbean Supreme Court, the Anguilla and OECS Bar Associations and other members of the legal fraternity.

At that event, Justice Louise Blenman applauded the jurist for fearlessly championing the causes of the ordinary man and woman who were being disadvantaged.

“She was in the forefront of several struggles which earned her a reputation as one of the finest minds in the entire Caribbean,” the Eastern Caribbean Supreme Court justice said. “In fact, throughout the entire Caribbean, Dame Bernice is known for her scholarship… and for her very high ethical standards. She has an impenetrable integrity and strength of conviction that is unparalleled and with all of this, she is epiphany of dignity.”

Similarly, Chief Justice Hugh Rawlins, who also spoke at the event, applauded Dame Bernice’s four decades of service to the profession.

“At the end of the day, the legacy, as far as I am concerned, would be in the person who you are. That cannot be erased and so we thank you for your pioneering work in the law in the OECS jurisdiction,” the chief justice said.

He added, “We thank you for your constancy… your bravery, your honesty, your integrity, your love for the law; and I think love for literature and language.”

DRAFT INTER-AMERICAN CONVENTION AGAINST RACISM AND ALL FORMS OF DISCRIMINATION AND INTOLERANCE

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AG/RES. 2677 (XLI-O/11)  

^[1]/[2]/[3]/

(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,

            HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.5217/11);

            RECALLING the content of resolutions AG/RES. 1712 (XXX-O/00) and AG/RES. 1774 (XXXI-O/01), “Preparation of a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance”; AG/RES. 1905 (XXXII-O/02), AG/RES. 1930 (XXXIII-O/03), AG/RES. 2038 (XXXIV-O/04), and AG/RES. 2126 (XXXV-O/05), “Prevention of Racism and All Forms of Discrimination and Intolerance and Consideration of the Preparation of a Draft Inter-American Convention”; AG/RES. 2168 (XXXVI-O/06), “Combating Racism and All Forms of Discrimination and Intolerance and Consideration of the Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance”; AG/RES. 2276 (XXXVII-O/07), “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance”; AG/RES. 2367 (XXXVIII-O/08), “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance”; and AG/RES. 2501 (XXXIX-O/09), “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance,” and AG/RES. 2606 (Xl-O/10) “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance;”

REAFFIRMING the principles of equality and nondiscrimination and recognizing that human diversity is a cherished asset for the advancement and welfare of humanity at large;

FIRMLY REITERATING the most resolute commitment of the Organization of American States to the eradication of racism and of all forms of discrimination and intolerance and their conviction that such discriminatory attitudes are a negation of such universal values as the inalienable and infrangible rights of the human person and the purposes, principles, and guarantees enshrined in the Charter of the Organization of American States, the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, the Universal Declaration of Human Rights, the Inter-American Democratic Charter, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Universal Declaration on the Human Genome and Human Rights;

TAKING NOTE of the commemoration in 2010 of the International Year for People of African Descent in accordance with United Nations General Assembly resolution A/RES/64/169 "International Year for People of African Descent;" as well as of the mandate of the OAS General Assembly contained in resolution AG/RES. 2550 (XL-O/10), “Recognition of the International Year for People of African Descent” and, in keeping with the latter, the holding on March 15, 2011, of the Special Meeting of the Permanent Council of the Organization to celebrate the International Year for People of African Descent; and of other associated activities in the framework of the OAS;

OBSERVING with concern that there are still a considerable number of human beings in our Hemiphere who are still victims of longstanding and contemporary manifestations of racism, discrimination, and intolerance;

ACKNOWLEDGING the significant contributions made by Member States, OAS organs, agencies, and entities, other agencies of the United Nations, civil society organizations and other organizations, in regards to the on-going process of negotiations; and

            HAVING PARTICULAR REGARD to the Report of Activities During the 2010-2011 Term, as presented by the Chair of the Working Group to Prepare a Draft Inter-American Convention Against Racism and all Forms of Discrimination and Intolerance to the Committee on Juridical and Political Affairs (CAJP/GT/RDI-174/11 rev. 5),

RESOLVES:

            1.         To reaffirm the will and the most resolute commitment of the member states to continue making efforts in the preparation and negotiation of such legally binding instruments as may be necessary to address the scourges of racism, racial discrimination, and all other forms of discrimination and intolerance.

2.                   To instruct the Permanent Council to extend the mandate of the Working Group of the Committee on Juridical and Political Affairs and to entrust it with the preparation of legally binding instruments with due consideration of a convention against racism and racial discrimination, as well as an optional protocol or protocols that would, in addition, address all other forms of discrimination and intolerance, in accordance with the work plan and methodology that is adopted, taking into account, where possible, the progress set forth in document CAJP/GT/RDI-57/07 rev. 13, “Consolidated Document: Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance,” and to continue the negotiations based on said instruments.  For such purposes and in order to receive additional contributions, the Working Group will consider convening a special meeting, at an appropriate time during the 2011-2012 term, with the participation of government experts and representatives of Member States, specialized organizations of the Inter-American System and other regional systems, the United Nations specialized agencies and nongovernmental organizations.

3.                   To instruct that the preparation, negotiation, and approval of the final drafts of said legal instruments are done simultaneously and concurrently, so as to ensure a comprehensive and coherent treatment of the scourges of racism, discrimination, and intolerance in the Hemisphere.

4.                   To instruct that this process, continues to promote contributions from member states; organs, agencies, and entities of the Organization of American States (OAS), taking into account the Inter-American Institute of Human Rights; the United Nations; and regional organizations; to urge those bodies to continue sending their written contributions to the Working Group for consideration; and, pursuant to the Guidelines for Participation by Civil Society Organizations in OAS Activities, contained in Permanent Council resolution CP/RES. 759 (1217/99), to request the Working Group to continue to receive contributions from groups in vulnerable situations and from interested civil society organizations.

5.                   To renew the mandates to the Justice Studies Center of the Americas (JSCA) and the Inter-American Commission on Human Rights (IACHR), as set forth in paragraphs 5, 7, and 8 of resolution AG/RES. 2168 (XXXVI-O/06).

6.                   To request the General Secretariat to continue to provide support to the Working Group’s activities, through the Executive Secretariat of the IACHR and the Department of International Law of the Secretariat for Legal Affairs.

7.                   To request the Permanent Council to report to the General Assembly at its forty-second regular session on the implementation of this resolution, the implementation of which shall be subject to the financial resources available in the Program-Budget of the Organization and other resources.

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[1].             Canada recalls its previous decision to formally withdraw from the negotiations of a Draft Inter-American Convention against Racism and all Forms of Discrimination and Intolerance as outlined …

[2].             The United States reserves on all references in the resolution to the negotiation of any legally binding instrument to combat racism, racial discrimination and other forms of discrimination or intolerance …

[3].             Ecuador, as it has already stated formally, reiterates its permanent, firm, and definite commitment toward combating racism and all forms of discrimination and intolerance. Similarly, it has also …

Organization of American States (OAS) adopts resolution on peoples of African descent

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AG/RES. 2693 (XLI-O/11)

RECOGNITION AND PROMOTION OF THE RIGHTS OF PEOPLE OF AFRICAN DESCENT 

IN THE AMERICAS

           THE GENERAL ASSEMBLY

RECALLING resolution AG/RES. 2550 (XL-O/10), “Recognition of the International Year for People of African Descent,” which recognizes United Nations General Assembly resolution 64/169 that proclaims 2011 the International Year for People of African Descent; and the special meeting of the Permanent Council of the Organization of American States (OAS), held on March 15, 2011, to commemorate the International Year for People of African Descent; and

BEARING IN MIND:

That the Charter of the Organization of American States establishes as one of the principles of the Organization recognition of the fundamental rights of the individual without distinction as to race, nationality, creed, or sex;

That the American Declaration of the Rights and Duties of Man establishes that all men are born free and equal, in dignity and in rights, without distinction as to race, sex, language, creed or any other; and

That the Inter-American Democratic Charter proclaims that respect for ethnic, cultural, and religious diversity in the Americas contributes to strengthening democracy and citizen participation;

That in February 2005, in recognition of the racial discrimination that persists against persons of African descent in the Americas, the Inter-American Commission on Human Rights (IACHR) established a Special Rapporteurship on the Rights of Persons of African Descent and on Racial Discrimination, in order to promote the recognition and the rights of those persons;

RECALLING the relevant provisions on people of African descent contained in the declarations of the Summits of the Americas, as well as in the Declaration of the Regional Conference of the Americas (Preparatory Meeting for the Third World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance), held in Santiago, Chile, in 2000; and the Latin American and Caribbean conference preparatory to the Durban Review Conference, held in Brasilia, 2008;

RECALLING FURTHER the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights in 1993, and the Durban Declaration and Programme of Action, adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in 2001; and the Durban Review Conference, held in Geneva in 2009;

REAFFIRMING the firm commitment of the member states to confront, through various mechanisms, the scourge of racism, discrimination, and intolerance in their societies as a problem that affects society in general;

TAKING NOTE of the efforts of member states to move forward with the drafting of a “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance”;

CONSIDERING that countries of Africa and the Americas, in the framework of bilateral and multilateral forums, have committed themselves to encourage regional and interregional initiatives to promote democracy, human rights, the rule of law, and the eradication of poverty, hunger, inequality, and social exclusion through the exchange of experiences among their regional organizations and subregional organizations, including the African Union and the Organization of American States (OAS), in matters of strengthening democracy and integral development at regional and interregional levels,

RESOLVES:

1.                   To reaffirm the importance of the full, free, and equal participation of people of African descent in all aspects of political, economic, social, and cultural life in the countries of the Americas.

2.         To take note of the work of the Inter-American Commission on Human Rights and its Rapporteurship on the Rights of Afro-descendants and against Racial Discrimination, as well as the work of the General Secretariat that seeks to promote and protect the rights of persons of African descent in the member states.

3.         To condemn the practices of racism, discrimination, and intolerance, of which people of African descent in the Hemisphere are victims, and to urge states to take necessary measures to address and combat those practices.

4.         To reiterate the instructions given to the Permanent Council through resolution AG/RES. 2550 (XL-O/10) to convene a second special meeting on cooperation between the Americas and Africa, with the participation of the African diplomatic corps and representatives of the African Union Commission as well as Organization of American States (OAS) permanent representatives.

5.         To instruct the Permanent Council to include on its agenda, prior to the forty-second regular session of the General Assembly, the issue of people of African descent in the Americas.

6.         To request the Permanent Council to report to the General Assembly at its forty-second regular session on the implementation of this resolution.

7.         That the execution of the activities envisaged in this resolution shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG05359E02

Bonaire residents demonstrate against present status, governing Coalition falls

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"If this is how it’s to be, then give us our independence."
Amigoe KRALENDIJK — A demonstration was held this morning on Bonaire against the current situation on the island. While the ceremony of the Day of Bonaire was held for the official invitees, worried citizens assembled for a peaceful demonstration. According to witnesses, it was a ‘passive demonstration consisting of approximately two-hundred people’. The organization estimates the number was closer to one-thousand. According to organizer Cedric Soliana , the demonstration was to indicate the people’s dissatisfaction with the current situation on Bonaire. “Although nothing came of all beautiful promises, all laws and rules were implemented. Bonaire was to become a land of milk and honey, but the people only feel pain.” Soliana emphasizes that the Bonairean is feeling more and more like a stranger in his/her own country. “Our culture is being pushed aside and our manners trampled.”  According to him, the demonstration was not directed against the Dutch government or the Bonaire government. “We are angry with those who put us in this situation. We say: if this is how it’s to be, then give us our independence. We may then have to battle hard and long for our prosperity, but we will then have autonomy, which we do not have now.” The organization also states is does not oppose the Dutch. “We are not against people, against Dutch citizens, Venezuelans, Chinese or whatever. We only ask that people adjust when they live on Bonaire just like we are expected to do when we choose to live elsewhere.” Ruling Coalition Loses Majority  Approval for new government on Bonaire KRALENDIJK — Bonaire holds out prospects of a new government again. The coalition PDB/MBL/PHU lost its majority on Monday when Island Council member Rafael Santana for the PHU abandoned his confidence in the PHU deputy Michiel Bijkerk. Tuesday evening, on behalf of the UPB Santana informed the PHU and James Kroon there was an agreement to form a new government. The representatives of the parties PDB and MBL in the Island Council of Bonaire (four seats in total) indicated they cooperation in a government that can count on a majority of eight seats in the Island Council.The two parties UPB (4) and PHU (1) have five seats and therefore a narrow majority in the Island Council of nine seats. The agreement promises to present a coalition agreement from the two parties within two months that is based on trust, stability, transparency and mutual respect. Agreement on new government The parties have confirmed three decisions. First, as majority of the Island Council to do their utmost in promoting the needs and interests of the Bonairean people in a dignified and correct manner. Second, the new government wishes to restore the confidence so investors can contribute towards a permanent economic development, thus increasing employment on Bonaire again. Third, the new government wants to list all current matters of concern regarding the new political status and deliberate with the Netherlands. Kroon explains he is happy Bonaire will have a stable government, which according to him will last up to the elections of March 2015. Since the rift of Monday morning, Kroon has not heard anything officially from the other parties PDB and MBL. He states, “We can make agreements with the PHU that are in the interest of the people of Bonaire and we find that most important”. On being asked, he doesn’t know which role PHU party-leader Michiel Bijkerk plays in this. “We consulted with Santana, member in the Island Council for the PHU and signed an agreement with him.” According to Kroon, the people of Bonaire have suffered under the former collation and he’s happy the UPB as largest party (4 seats) is back in the government. “We can now work on the existing concerns.” PDB and MBL The signatories of the agreement – Robby Beukenboom, Nollie Oleana and Clark Abraham on behalf of the PDB and Benito Dirksz on behalf of the MBL – forwarded the letter yesterday to the UBP council members Burney EI Hage, Maritza Silberie, Milena Winklaar and Jeffrey Levenstone. In this letter, they express their concern on the lack of stability in the Bonairean government the past years. “We were once again confronted with a crisis on one seat in the council.” According to the signatories, very important matters are taking place on Bonaire and we must not waste our time on political games. The formation of a new government of eight seats by a coalition of UPB, MBL and PHB, will guarantee the stability, working on a solid government. The signatories requested a response before two o’clock today. The most important concern points include the spending power, the public health, the tax system, relief and family allowance. The signatories prefer consultation within the Kingdom in the shortest possible time to come up with solutions. In addition, the instable political climate has a negative effect on investors. “This is certainly undesirable in the economic world situation.” Benito Dirksz of the MBL terminated a collaboration agreement with coalition parties with the PBU last week because he learned that Santana and Kroon had started negotiations. Bijkerk had denied those negotiations, but according to Dirksz, it is beyond doubt.

Statia oil storage expansion would change face of island

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 Daily Herald, Sint Maarten

 

NuStar expansion plan will change Statia’s face forever

~ Building permit not yet submitted, but opposition is growing ~

By Suzanne Koelega

ST. EUSTATIUS--The NuStar oil terminal expansion plan in St. Eustatius is a clear example of a clash between business interests and development, and nature and cultural and archaeological heritage on a limited amount of land. On a small island like St. Eustatius with a fragile economy, the impact of a multimillion-dollar investment is even bigger.
NuStar Energy L.P., owner of 90 terminal and storage facilities around the world, wants to expand, invest and make a profit, as all businesses do. Statia Terminals hasn’t applied for a building permit yet, but is seriously looking at possibilities to construct 31 storage tanks of different sizes in the Cul de Sac area, locally known as The Farm, in addition to a new jetty.

There is a demand for more storage capacity in St. Eustatius, said NuStar’s Vice-president International Terminal Operations David Smith and Mike McDonald, General Manager of NuStar’s facility in St. Eustatius.
“St. Eustatius and NuStar are popular for bunkering,” they said. Some 800 vessels come to St. Eustatius per year to bunker and obtain fuel. These vessels stay out at sea. More than 100 ships come to the jetty annually to discharge and take on crude oil and petroleum products.

An expansion of 31 tanks would mean an increase of more than 50 per cent of the terminal’s current capacity of 67 storage tanks that can hold more than 13 million barrels, with another five tanks being built at this time. 
 The proposed work would take up some 278,000 square metres of space.

Monuments Director Walter Hellebrand and other opponents of an oil terminal in The Farm area find this is quite a lot for the proposed location which is in the only usable seven square kilometres of the island where people live, work and enjoy recreation.

International negotiations

The fact is that international oil companies are interested in renting the new storage tanks. NuStar has been negotiating lease agreements with these customers, preferably long term, said McDonald. Negotiations have not been concluded as yet. Smith wouldn’t give details on the negotiations, but said at least one “major international publically traded company” was interested. But, Smith added, “We have not signed any contract yet.”

The contracts with consumers are cardinal in deciding whether to go forward with the US $477 million project and to apply for a building permit. “NuStar is not into speculation construction where we build tanks and then wait for customers,” said McDonald.

“We are not going to invest half a billion into something that makes no sense. If there were no interest, we would not build,” said Smith when asked about concerns about the risks of St. Eustatius being stuck in the future with some 30 unused tanks.

“NuStar is here to stay. We won’t go away just like that. Business is good. We are responsible owners with an excellent track record,” added McDonald.

Whether the project goes ahead depends on several other factors, the approval by the local government on a building permit request being a key aspect. Several Dutch Government ministries will be involved in the decision-taking process, providing advice and support, but the ultimate decision is in the hands of Statia’s Government.

Negative consequences

Local heritage foundations are squarely against the construction of the tanks in the proposed area. The St. Eustatius Awareness and Development (SEAD) movement, Statia Roots Foundation (SRF) and Statia Monuments Foundation said there would be negative environmental, safety and historical consequences.
Statians are becoming increasingly concerned about what the expansion at The Farm would mean for their quality of life. There are fears that the people would be adversely affected, as well as the island’s natural and aesthetic beauty. Residents living close to the proposed building site are concerned about their health.
People are worried about the risks of so many tanks close to their homes, schools, workplace, sports places. Not to mention that the island’s vital facilities like the airport, hospital, harbour and government are located not far away.

Stringent requirements

NuStar said people should not worry about risks, as the facility would be built according to the very stringent Dutch PGS 29 building code which dictates that the tanks have to be at a certain distance from each other. The company said there would be no risk of a large fire, because safety measures would prevent this from happening.

Each tank will be surrounded by a dike with an area that can contain 110 per cent of the contents of the tank to prevent spilling. A vapour recovery system will be included to control and recover possible vapours, explained McDonald. He stressed that the terminal was not a refinery.

As for the visual aspect, the tanks will be camouflaged as much as possible using natural colours and by planting vegetation. The plan was adapted, in accordance with the wishes of the Island Government, to accommodate the runway safety area. The tanks will now be moved more into the hill in the back, for which excavation will be necessary.

SEAD and SRF are making citizens more aware of their rights and this is working, because more and more Statians are becoming vocal on the issue. The court injunction initiated by the Monuments Foundation to prevent the project attracted the people’s attention. The foundation may have lost the injunction, but Judge indicated that areas of archaeological value might not be destroyed.

Mobilising people

“The result is that Benners Plantation will remain intact. But more important, we managed to mobilise many people. It was a signal to the people that they have a right to object when they don’t agree with something,” said Hellebrand.

The Monuments Foundation’s appeal against a possible oil terminal in The Farm area still has to be dealt with in court.The organisations certainly will make use of other legal procedures against a change of the spatial development plan to designate the area in question as an industrial area.
SEAD, SRF and the Monuments Foundation sought help from the United Nations Environmental, Cultural and Scientific Organisation (UNESCO) in July. ( OTR Note - UNESCO is the acronym for the U.N. Educational, Scientific and Cultural Organization).

SEAD coordinator Kenneth Cuvalay said the organisation had started a door-to-door campaign and an online petition
(www.change.org/petitions/st-eustatius-government-nustar-energy-lp-stop-nustar-oil-terminal-expansion-in-the-farm-area in July against the construction of a second terminal at The Farm. So far the petition has yielded more than 500 signatures. SEAD will be launching the Weblog
http://no-to-nustar-expansion-steustatius.blogspot.com soon.Then there is the aspect of tourism, which should become Statia’s second economic pillar after the oil terminal business.

“No tourist wants to come to an island that is crowded with oil tanks,” said Hellebrand. He believes all chances for St. Eustatius to profile and develop itself as an eco-tourism destination will go down the drain if the plans go ahead. The second terminal also would eliminate chances of having The Farm area placed on UNESCO’s World Heritage List.

Archaeological heritage

It is a fact that The Farm area contains cultural and archaeological heritage. There are the ruins of Benners Plantation and its private early 18^th century cemetery that contains four of the five oldest graves on the island. There are several slave burial sites in the area of which a large part has been documented in archaeological research.

The St. Eustatius Archaeological Research Centre SECAR uncovered three possible slave cemeteries, two plantation cemeteries, two possible slave villages and three dry laid stone walls during research earlier this year.

Buried at the Benners Cemetery are former Governor of Dutch St. Maarten Johannes Gibbes, former Governor of St. Eustatius Johannes Heyliger, and Abraham Ravené, grandfather of the commanding officer of Fort Oranje at the time of the First Salute in 1776, among others. Plantation owners Johannes and Lucas Benner also are buried there.

Moving graves

NuStar said it would respect the heritage on its property, but Smith couldn’t exclude a relocation of the graves. He said this would depend on the final drawings of the containment area. Smith and McDonald said it would be better to move the graves to another location, also to make them more accessible to the people.
However, one must have very urgent reasons to relocate graves and other archaeological artefacts buried in the ground. The Convention of Malta, signed by the members of the Council of Europe in 1992, prescribes that preferably archaeological remains should remain at the original site, as the soil is the best preservation. The convention in question applies to St. Eustatius as part of the Dutch Constellation.

An archaeological monuments law prescribes archaeological research prior to disturbing the soil. Leiden University carried out this research, in cooperation with SECAR. Trenches were dug and the area cleared of bush to determine the location of possible archaeological remains. The archaeological research report will be published shortly.

NuStar has decided to adapt the construction plan to spare Benners Plantation by leaving out one large storage tank. The large trees, mostly tamarind trees, will be relocated with the assistance of St. Eustatius Nature Parks Foundation Stenapa and not torn down, promised Smith. 

Still, an oil terminal on the verge of an important heritage site is still highly undesirable, according to Hellebrand. Three fortifications on Signal Hill, home to the protected Morning Glory flower, Battery Royal, Battery Jussac and Fort Panga, no longer would be accessible, as the entrance to these sites goes through the proposed terminal.

There is currently a hiking trail through the area, said Hellebrand. Battery Tumbledown Dick, built around 1700 and one of the oldest on the island, located on property of the current terminal, is already affected by operations.

Eco-tourism

Hellebrand’s fears that Statia could lose its potential as an eco-tourism destination were confirmed by a Dutch tour operator specialised in active eco-tourism travel that plans to start a special walking programme in the Windward Islands in 2012.

The Director of SNP Natuurreizen warned on SEAD’s online petition site that the proposed expansion would “damage the experience of our clients to be walking on an island of special natural beauty and could result in excluding St Eustatius from our scheduled programme.”

The heritage foundations are of the opinion that the second terminal could also be built in another location than The Farm. “We think there is space at the current terminal. There are possibilities with a land swap,” said Hellebrand, pointing at the fact that the land belongs to other owners than NuStar.

But Smith and McDonald said there was no more space to expand at the existing terminal. The land in the back, called Bergje, is not a possibility because it is all mountain range. It would require filling the ravine between two hills. The foundation simply would not be solid enough. Rock fall and stability would be problems.

Complicated hydraulics

Engineering-wise it is also not possible because of hydraulics, said Smith. “We have looked everywhere for available land,” he said. Building the facility on the Atlantic side is not an option either, because the sea conditions are too rough at the jetty. It also would be much more expensive and would require constructing lots of pipelines across the island, which would make it more dangerous.

Moving the current control centre located away from the existing tanks to facilitate the construction of new tanks is not possible due to safety regulations. The control tower needs a view of the tanks, yet it must be at a great distance from the tanks and out of the blast range, explained Smith.

The local heritage foundations have an ally in Member of the Second Chamber Ronald van Raak of the Socialist Party (SP) who has been highly critical of the proposed expansion. He has posed questions to the Dutch Government on several occasions.

Referendum

According to Van Raak, a referendum should be organised to ensure that the Statia people have the last say. “It is a project with far-reaching consequences. It concerns a lot of money and oil on a small island with fragile and beautiful nature and heritage. This expansion will change Statia’s face fundamentally and for always. We have to give the people a voice in this,” he said.

Van Raak thinks the local government is no match for a large company like NuStar that has much more power and money. That is one of the reasons The Hague should be actively involved in the decision-taking process. He said Minister Piet Hein Donner had a role to play. “It can’t be that the Netherlands isn’t involved in the granting of a permit that has to comply with Dutch legislation.”


The Statia terminal is highly important to NuStar. The 67 current tanks at Boven represent some 25 per cent of all 55 NuStar terminals in the United States, according to the company’s 2010 Annual Report.
Why St. Eustatius? There are several reasons. The island has a very strategic location, because it is close to North and South America as well as Africa, but the fiscal climate is also attractive.

NuStar, which bought the terminal in 2005, has an arrangement with Statia’s Government until 2014 where it only pays NAf. 1 million (some US $555,000) profit tax per year. Combined with the anchorage fees, other duties and wage tax, NuStar paid US $5.2 million in 2008, said Smith. He added that he was aware of the fact that the company would have to pay more taxes in the future. “We will pay what we have to, as long as it is clear and fair.”

Not naïve 

NuStar is well aware of the concerns about constructing a new terminal. “I am not naïve to think that everyone will agree. It is not that we don’t care. Otherwise we would not have had town hall meetings, launched a Website or held many talks and answered the many questions,” said Smith. “All stakeholders have to agree: the people, government, elected officials.” He strongly believes that economically the project is a win for both NuStar and St. Eustatius.

Pacific Forum Secretary General Address to Small Island States Session in Auckland, New Zealand

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OPENING REMARKS BY TUILOMA NERONI SLADE,
SECRETARY GENERAL OF THE PACIFIC ISLANDS FORUM SECRETARIAT

20TH SMALLER ISLAND STATES LEADERS’ MEETING,
AUCKLAND, NEW ZEALAND

6 SEPTEMBER 2011

Distinguished Leaders of the Smaller Island States of the Pacific Islands Forum
Honorable Ministers,
Distinguished Delegates and Observers
CROP Executives and their representatives

Greetings to you all,

First, may I record our collective appreciation to the New Zealand Government for hosting and arranging this meeting at this impressive venue.And then to say that I am honoured now to convene this 20th meeting of the Leaders of the Smaller Islands States of the Pacific Islands Forum and, on behalf of the Secretariat, very warmly to welcome Hon Leaders and their delegations to this the first of a series of meetings of Forum Leaders this week.

This year marks a significant milestone in the history of the Pacific Islands Forum, for 2011 is the 40th year since the founding Leaders in their foresight recognised the intrinsic value of regional cooperation and integration. In doing so, Leaders set the foundations of the Pacific Islands Forum, and began to map out a course for regional development and for well-being and prosperity for all.

Your meeting remains an important fixture of the Forum Leaders gathering, for it captures and reflects the unique nature of issues facing Smaller Island States of the Pacific and the recognition by all Pacific Leaders that the perspectives and requirements of Smaller Island States require special attention.

Your meeting therefore presents you as SIS Leaders with the opportunity prior to the combined Leaders meetings, to caucus and deliberate on issues of particular importance and relevance to the SIS.

I might say that in the preparatory work your Officials were very mindful of that objective and the strategic timing of your meeting, and I should like to thank and commend them for their efforts in putting together the agenda and documentation before you now.

The Officials report to you is in the form of a letter dated 15th August, 2011 from the Chair of the SIS Officials Committee, the distinguished Ambassador of the Republic of the Marshall Islands, to the incoming Chair of the SIS Leaders meeting.

The Officials’ report consolidates all the principal issues for Leaders’ consideration and guidance, and will be the main document for your deliberations.

The key priority areas identified in addressing the long term challenges of SIS are not new. But they require refocusing and a reenergising of efforts with the mobilisation and coordination of limited resources, so that the responses to those challenges become targeted and effective. 

The priorities identified include:

(i) climate change, in particular with respect to sustainable financing options;
(ii) strengthening of development coordination;
(iii) education and health;
(iv) transportation, in particular sub-regional shipping services;
(v) trade agreements and labour mobility in the context of regional economic integration; and
(vi) energy, with respect to renewable energy and bulk fuel procurement

Officials have also identified emerging regional issues that warrant consideration in conjunction with the regional priorities identified by Forum Leaders under the Pacific Plan for 2010 - 2012. These include gender equality and the inclusivity of people with disabilities in development.

Climate change remains the overwhelming challenge in our development pursuits. Since Copenhagen and Cancun and the resulting pledges of increased climate resourcing, the region, through the Forum Economic and Finance Ministers meetings, has considered a range of appropriate and feasible options to better position Forum countries to access available global resources and more effectively to manage and account for the flow and utilisation of these resources. This has been complemented by our own efforts to strengthen development coordination through the Forum Compact and by doing so, continue the significant work being undertaken in the SIS, to strengthen national systems and bring clarity to where development resources are most needed and best used.

The Forum’s Compact has progressed well and I am particularly pleased to commend the efforts of SIS countries, despite the known capacity constraints, to be at the forefront of the implementation of the Compact. The Secretariat is very grateful for the SIS leadership on this process, in particular by your Governments’ willingness to provide self assessments on the status of national plans, budgets and aid coordination activities and challenges. Specifically, I thank the Governments of Niue and Tuvalu for agreeing to host peer reviews this year, and the Governments of Kiribati and Nauru for moving on implementing the recommendations made under their peer reviews reports of 2010.

These country experiences are also important in supporting and shaping the position of the Forum region as we seek to influence the outcomes and negotiations at the upcoming Fourth High Level Forum on Aid Effectiveness in Busan, Korea, in November. We as a Secretariat are committed to ensuring the region is well prepared and is able to engage in the preparatory meetings and at the High level Forum itself, which will redefine the global development cooperation agenda.

The Pacific Plan remains the master strategy for strengthening regional cooperation and integration. We have made some good progress across the five main themes adopted by Leaders in 2009. To complement efforts and to measure the extent of what is being achieved, the Secretariat has proposed the development of a performance framework for the Pacific Plan that will, essentially, draw on the accountabilities and performance targets within the existing regional institutional architecture.

The devastating impact of non-communicable diseases (NCDs) on lives and livelihoods of all Pacific peoples is a crisis of serious magnitude which needs to be addressed with immediacy by all Governments of the region. I take the opportunity to note and applaud Palau’s leadership and efforts in declaring a state of emergency on the threats of NCDs. The Secretariat and CROP agencies are continuously collaborating with Governments and development partners to ensure that NCDs are addressed at all levels as a major development challenge to the region.

The Secretariat is happy to report that we have appointed six SIS Pacific Plan desk officers, and that the deployment of SIS Desk Officers at your capitals has been instrumental in facilitating regular reporting on the activities that you contribute to in implementing the objectives and intent of the Pacific Plan and the Forum Compact. The Secretariat through the SIS Unit will continue to support the Desk Officers and we will pursue efforts to provide the Desk Officers with adequate resources to allow them to continue the good work they have been providing.

Hon Leaders, the Secretariat and all CROP agencies, and I believe I can speak for my fellow-CROP Executives who are present here today, all stand ready to support SIS countries in their efforts to meet the development challenges.

 With these words, may I wish SIS Leaders a fruitful meeting and a productive week of deliberations.

As required of me and in accordance with your decision to appoint the SIS Leaders meeting Chair by alphabetical order, I am honored to invite His Excellency, President Jurelang Zedkaia from the Republic of the Marshall Islands, to assume role of Chair and take charge of the meeting.

Thank you for your attention.