17 June 2016

Turks & Caicos Islands Premier delivers address in Anguilla


THE ANGUILLIAN


The 1967 revolutionary spirit of self-determination, which Anguilla exhibited then, after almost a century and a half of protests against its annexation with St. Kitts-Nevis, has been used as an analogy whereby the British Overseas Territories can collectively move to the next level in terms of self-governance and economic and financial development.

The analogy was advanced by the Premier of the Turks & Caicos Islands, Dr. Rufus Ewing. He was at the time delivering the Anguilla Day Walter G. Hodge Memorial Lecture, entitled “The Next Level: Stepping onto the World’s Stage”, at La Vue Conference Centre on June 2, 2016.

Dr. Ewing, a highly-qualified Physician and Surgeon, turned politician, praised the late Walter Hodge as an outstanding Anguillian who, “through his tireless industry, diligence and faithfulness, sought in setting the foundation for the modern Anguilla”. Following the 1967 Anguilla Revolution Walter Hodge served as Chairman of the 15-member Peacekeeping Committee in charge of the day to day administration of Anguilla and later as Treasurer and Comptroller of Customs. In 1943 he was the youngest Anguillian to win an island-wide election as the local representative in the St. Kitts-Nevis-Anguilla Legislative Council where he served three years.

Premier Ewing said the Anguilla Revolution was the result of years of preparation, study, action, determination, and resolve which brought matters to a head on May 30, 1967, followed by the declaration of Anguilla as a Republic in 1969. “In fact, Anguilla has set an historic stage for us all, since [it] is the only English-speaking nation in the Caribbean Basin to have fought for, and declared, a Republic by the sheer force of national will,” he emphasised.

The TCI Premier used the opportunity to offer this suggestion regarding the Overseas Territories: “I think we must look at where we are now, and begin in earnest to plot a course – again following Anguilla’s historical example – moving to the next level and stepping onto the world’s stage as a collective group of territories with the sound knowledge that though diverse, indeed far more unites us. This thread of commonality must be intricately woven into a banner that becomes the symbol of a meaningful coalition.”

He saw the territories, which he referred to as “city states”, facing such unusual problems and issues as:

• Finding ways and means to bring democracy from under a system of external management.

• Managing economic models with limited economies of scale.
• Continuing to fight everyday for fair exchanges and becoming advocates for the ‘rule of law’ in international law.
• Continuing to deal with environmental issues, and seasons of storms that can bring our countries low; and
• Continuing to fight against the directives of supranational powers that threaten our economies or way of life.

Noting that the territories not only survived, but managed to thrive despite their challenges, Dr. Ewing declared: “We are experts – our governments, businesses and our people – on drawing prosperity from these challenges and adverse conditions.”

He continued: “Anguilla herself has developed a refined tourism industry where trade-papers are saying that you have turned the crisis around, and another round of success is on the horizon. When taken together, with its leading participation in the Society for Trust and Estate Planners (STEP), in the financial services, the sustenance of the Anguilla brand is assured. Not only that. You have a successful Community College, a growing interest from movie companies and, whatever they say, the success of Zharnel Hughes in global sports is bringing Anguillian talents to the notice of the world.

He further said: “When we think of Overseas Territories in particular, between Cayman, Bermuda, BVI, Anguilla and TCI, we have some of the best economies in the region. Between ourselves – if we include Jersey – we manage nearly two trillion dollars and are the best regulated financial systems in the world.”

Premier Ewing stressed: “Our greatest strength and chances of success in achieving a greater degree of autonomy or self-determination lies with our ability to educate our people on the value of, and the responsibility, that come with such autonomy; on our ability to create success on the local and international stage; on our ability to demonstrate best practices in good governance and the rule of law; on our ability to foster meaningful relationships with the private sector, local, regional and international partners; and on our ability to become competitive on the world stage to create value and be recognised by the world as a force to reckon with.”

As part of his lecture, which attracted much applause at times, the TCI Head of Government made a number of calls from which Anguilla and the other Overseas Territories can benefit. These calls included the following:

• A call for a series of meetings, involving the territories and the UK Government, not to complain about governing arrangements, but instead to think through the possibilities of moving our self-governance to a new level. He envisioned that the culmination could be a new Overseas Territories Governing Charter aimed at creating a single standard in their relationship with the UK Government. He explained that this would not prevent the ultimate autonomous governance of full independence, but moving into that direction with a sense of being at the forefront of every decision.

• A call for the territories, moving to the next level, to be economically competitive by ensuring that they are economically resilient although their economic resilience is often challenged by external factors.

• A call for the territories, as they step onto the world stage to seek to have greater autonomy; to be the captains of their ship and masters of their own destiny; and to foster meaningful relationships and partnerships and the formation of formidable unions, where necessary, in the interest of remaining relevant and competitive, with added value and the bargaining power of unity.

• A call for the territories to have a seat at many of the discussion tables, including CARICOM, and to champion their cause there. He said the CARICOM Secretariat would be invited to the territories’ next Pre-Joint Ministerial Council Meeting in the TCI in July to chart a way forward as to how CARICOM and independent member states could be greater advocates for the Overseas Territories at the United Nations, and at other supranational organisations where the OTs do not have a seat or a voice.

• A call for the territories to meet to discuss how they could cultivate their interdependencies to their advantage in terms of food security, the environment; being more innovative; implementing new technologies and co-financing projects.

• A call for the territories, with their unique challenges, to meet to discuss various financial matters affecting them in relation to the G20 countries and the International Community. He noted that if the territories are to step onto the world stage, in a manner befitting nations, they must develop their own solutions to the financial challenges that confront them.

It concluding his lecture the Premier of the TCI said: “My friends, I have laid out a robust agenda and I have done so with the example of Anguilla in mind. Anguilla Day marks not merely an historical event of political upheaval. It marks the date of a people’s demand for their own autonomy and self-determination, seeking to rise or fall on their own talents…If we are to deal with these challenges in a manner proper to our hopes and dreams, then the spirit and actions of Walter G. Hodge cannot be far from our motives or our methods.”

The lecture was sponsored by the Anguilla Security Board and the Anguilla Community College. Among other things, the Director of Social Security, Mr. Timothy Hodge, gave a biography of his father, the late Mr. Walter Hodge; and Professor Delroy Louden, President of the Community College, spoke at length with respect to the importance and benefits of social security.

16 June 2016

Tales of Decolonization #11: To Militarize? Or to Decolonize?

NO REST FOR THE AWAKE - MINAGAHET CHAMORRO


NO REST FOR THE AWAKE

On August 28, 2015 the Department of Defense signed the Record of Decision (ROD) for their proposed military buildup to Guam. The military buildup and its impact on Guam has long been a topic of public debate. What has often been lost in the discussion of socioeconomic and environmental impacts is what effect a military increase of this magnitude may have on the Chamorro quest for self-determination and the decolonization of Guam. 

Since 2011 I have been a member of the Commission on Decolonization, and although many people might think of issues of self-determination and military increases as being separate, we should think of them as being more closely connected. The overall mission of the Commission on Decolonization is to educate the island community on issues of political status, in particular related to the holding of a political status plebiscite in which those who are legally qualified will vote on one of three future political statuses for Guam (integration, free association or independence). But how does our value as a base affect the willingness or unwillingness of our colonizer to support us in our decolonization? 

The position of the United Nations on this issue has always been clear, but is scarcely reported locally. In its resolutions, military increases or strategic military importance should not be considered as reason to not decolonize territories, but this is generally used as an excuse to delay or deny action. We can find this point made in their numerous resolutions on the Question of Guam, such as this one from 1984:


The General Assembly of the United Nations “Reaffirms its strong conviction that the presence of military bases and installations in the Territory [of Guam] could constitute a major obstacle to the implementation of the Declaration and that it is the responsibility of the administering Power to ensure that the existence of such bases and installations does not hinder the population of the Territory from exercising its right to self- determination and independence in conformity with the purposes and principles of the Charter of the United Nations.”

UN Resolution 1514 (X/V) in 1960 called upon all colonial powers to assist their colonial possessions in moving towards decolonization. It does not mention specifically military bases or military training. But by 1964 the United Nations had begun to notice that in non-self-governing territories like Guam, the colonial power’s military controlled a great deal of resources and had a great deal of sway over the destiny of the colonies. Since 1965 the United Nations has approved numerous resolutions calling upon all colonial powers (including the United States) to withdraw their military bases as they represent serious obstacles to the exercising of self-determination by colonized peoples.

Bases help to enable to colonial power to see an island like Guam, not as a place in need of decolonization and redress, but as a strategically valuable piece of real estate, one necessary for the projection of military force and the maintaining of its geopolitical interests. Military facilities help colonial powers to de-emphasize the inalienable human rights of colonized peoples and instead focus on the instrumentality and necessity of controlling their lands. The expansion of bases and the establishing of new training areas as outlined in the ROD is precisely the type of increased military presence the United Nations has long cautioned against. The United Nations has also cautioned countries like the United States from using their colonies in offensive wars or actions against other nations as this could potentially make enemies on behalf of the colony when it achieves decolonization. To illustrate this point the more that Guam is used for American military saber rattling in the Asia-Pacific region, the more it becomes a target for enemies of the United States today and should it ever achieve another political status.

The Department of Defense is aware of this concern and has acknowledged the potential for their military buildup to affect certain Chamorro issues or concerns, such as decolonization in their military buildup environmental impact studies. But as with most concerns related to the United Nations and decolonization they have chosen to wash their hands of this and argue they have no responsibility or obligation in the matter.

For those who think these matters are separate or that one doesn’t affect the other, that simply isn’t true. Our strategic military value to the United States has long affected what we can and cannot get from the United States. For decades the members of the Trust Territory of Micronesia negotiated with the United States, a process that led to the formation of the Commonwealth of the Northern Mariana Islands, and three nation-states that have seats at the United Nations: the Republic of Belau (Palau), the Republic of the Marshall Islands and the Federated States of Micronesia. The United States did not allow Guam to participate in similar negotiations as its strategic value to the United States as a base, has consistently led to a denial of this basic human right.


Global decolonisation expert provides recommendations to 2016 United Nations Seminar in Managua, Nicaragua

Summary of Recommendations

Carlyle Corbin
International Advisor on Governance




- The international community should seek to enable the peoples of the Non Self-Governing Territories (NSGTs) to exercise their inalienable right to self-determination, which is a fundamental human right, and to decide their future political status with complete knowledge and awareness of the full range of legitimate political status options available to them, including independence. In that context, particular emphasis should be placed on the dissemination of information to the NSGTs on the functioning of contemporary models of full political equality, 

- The Electoral Affairs Division of the Department of Political Affairs, in consultation with the Special Committee and other relevant United Nations bodies, the territorial governments, and indigenous experts, should develop adequate and unbiased political education programmes for the NSGTs in order to heighten the awareness among the people of the territories of their inalienable right to self-determination and independence in conformity with the legitimate political status options consistent with relevant resolutions of the United Nations. In this connection, these programmes should precede a genuine act of self-determination which should be exercised in each territory, conducted by or under observation of the United Nations not later than 31 December 2020, in accordance with principles contained in the Decolonisation Declaration and all relevant resolutions and decisions of the General Assembly including the Third International Decade for the Eradication of Colonialism, 

- The United Nations Department of Public Information should actively disseminate information to the territories on the international decolonisation process in conformity with relevant political education programmes developed by the United Nations (earlier cited), pursuant to General Assembly decolonisation resolutions; and should utilise civil society institutions, United Nations Information Centres, tertiary institutions in the territories, media outlets, government information services, as well as indigenous decolonisation experts from the NSGTs, in this dissemination process, 

- The Special Committee should operationalise collaboration with the specialised agencies and other organisations of the United Nations (U.N.); and with the relevant human rights mechanisms such as the Human Rights Council, the Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Permanent Forum on Indigenous Issues, et al; to implement those provisions of the Plan of Implementation of the Decolonisation Mandate (A/60/853–E/2006/75) which couple the actions called for in decolonisation resolutions with the relevant implementing bodies of the U.N. system in compliance with General Assembly and Economic and Social Council (ECOSOC) mandates on assistance to the non self-governing territories. 

- The Special Committee should implement the relevant provision of the Plan of Implementation of the Decolonisation Mandate, consistent with the special mechanisms employed by the Human Rights Council, through the appointment of an Independent Expert/Special Rapporteur specific to the small island territories not under sovereignty dispute, for the period remaining in the Third International Decade for the Eradication of Colonialism (IDEC) in order to carry out the unimplemented actions contained in the plan of action of the first, second and third IDECs, and the Plan of Implementation of the Decolonisation Mandate, in particular: 

       1) Independent analyses on the progress and extent of the achievement towards self-government in each of the small island non self-governing territories (NSGTs), 

        2) An analysis on the implementation of the decolonisation resolutions since the first International Decade for the Eradication of Colonialism to identify obstacles to their fulfillment, 

        3) Periodic briefings through an interactive format for the member States of the Special Committee and other interested delegations on developments in the NSGTs affecting their self-determination process. 

- The Special Committee should commission independent self-government assessments of each of the small island territories not subject to sovereignty dispute, in the Caribbean and Pacific regions, through the use of the diagnostic tool of Self-Governance Indicators (SGIs) to identify the self-governance deficiencies in the existing colonial arrangements, and to make appropriate recommendations to bring the territories to a full measure of self-government, 

- The Special Committee should develop formal collaboration with the Economic Commission for Latin America and the Caribbean (ECLAC), and the Economic and Social Commission for Asia and the Pacific (ESCAP), in order to conduct analyses on the economic and social situation of the small island NSGTs which are associate members of these two regional economic commissions. 

- The Special Committee should modify its constructive ten point programme of work on a case by case basis for each small island NSGT by utilising the independent analyses of each territory (earlier cited) as the operative document for initiation of substantive discussions with the representatives of the territories, and those administering Powers which choose to engage the process leading to a legitimate act of self-determination, 

- The Independent Expert/Special Rapporteur should visit each of the small island Non Self-Governing Territories as early as possible before the end of the Decade, and report thereon to the Special Committee and the Fourth Committee on the situation in the territory, 

- The Secretary-General should ensure that the budget submitted for consideration by member States to fund the U.N. offices servicing the decolonisation agenda items, including the biennial programme plans and strategic frameworks, provide the necessary resources to implement the actions called for in decolonisation resolutions, the plan of action of the Third International Decade for the Eradication of Colonialism, and other relevant decisions.

15 June 2016

United Nations Decolonisation Committee Resumes 2016 Session

13 JUNE 2016
GA/COL/3293

Special Committee on Decolonization,

3rd Meeting (PM)



Opening its 2016 substantive session today, the Special Committee on decolonization, approved without a vote two draft resolutions on the dissemination of information with Non-Self-Governing Territories, and then commenced targeted discussions on the question of Gibraltar.

The first draft, approved annually for adoption by the General Assembly, would have the 193-member body reaffirm that administering Powers should continue to transmit information under Article 73 (e) of the Charter of the United Nations.

By its terms, the Special Committee — known formally as the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence of Colonial Countries and Peoples — would have the Assembly request the administering Powers to transmit regularly to the Secretary-General statistical and other information on the economic, social and educational conditions in the Territories for which they were responsible.

The second draft, on dissemination of information on decolonization, would have the Assembly approve activities taken by the Department of Public Information and the Department of Political Affairs, encouraging updates to and wide dissemination of the 2006 “information leaflet” on what the United Nations could do to assist Non-Self-Governing Territories.

By other terms, the Assembly would request the Departments to develop ways to disseminate material on the issue of self-determination. In such work, they would explore collaboration with the decolonization focal points of territorial Governments, particularly in the Pacific and Caribbean regions, and encourage the involvement of non-governmental organizations and Non-Self-Governing Territories.

Turning to the question of Gibraltar, Fabian Picardo, Chief Minister of Gibraltar, said the Special Committee was “failing spectacularly” in its mandate to protect and promote the interests of people in Non-Self Governing Territories. Having ceded Gibraltar through a treaty over 300 years ago, Spain now relied on a “pernicious” collaboration with the Special Committee to conspire against the interests of the people of Gibraltar. “That betrayal will not be allowed by us to pass unchallenged or unnoticed,” he said.

The representative of Spain said the colonial situation of Gibraltar undermined her country’s territorial integrity, a point made clear in General Assembly resolution 2353/22 of 19 December 1967. The reigning principle was not that of self-determination, but rather, of the restoration of Spanish territorial integrity. It was essential to restore territory that had been ceded under the Treaty of Utrecht of 1713 and subsequently illegally occupied by the United Kingdom. 

Special Committee Chair Rafael Darío Ramírez Carreño (Venezuela) made a brief statement on the annual Week of Solidarity with the Peoples of Non-Self-Governing Territories, which underlined the commitment end colonialism around the world. The Special Committee had put together a range of activities as recommended by General Assembly resolution 2911/27 of 2 November 1972, including an exhibition which would open immediately following the present meeting. Other activities included a conference on decolonization, a cultural activity, the screening of a decolonization-oriented movie and the exhibition of information materials.

In other business, the Special Committee briefly debated a request by Venezuela’s delegate not to consider an aid memoire on the participation of a person who was not a representative of the Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (POLISARIO Front), the sole group approved to speak on the question of Western Sahara, as doing so would contravene relevant General Assembly resolutions.

Morocco’s delegate, defending the request, said that the referred-to representative, Abba Mhamed, was not claiming to represent those in the camps or others inside the Sahara region. “You are interpreting this in a broad manner,” he said, “as if he [Mr. Abba] represented the entire Sahara. He is representing the Laâyoune.”

Also speaking today were Margaret Novicki, Acting Director of the Strategic Communications Division in the Department of Public Information, and Josiane Ambiehl, Chief of the Decolonization Unit of the Department of Political Affairs.

The representatives of Cuba, Chile Indonesia and Nicaragua also spoke, as well as Richard Buttigied of the Self-Determination for Gibraltar Group.

The Special Committee suspended its meeting until 10 a.m. on Tuesday, 14 June.

READ THE FULL RELEASE HERE.

14 June 2016

French Polynesia MP provides recommendations on decolonisation of the territory at United Nations Regional Seminar in Nicaragua




H.E. Richard Tuheiava, member of the Assembly of French Polynesia, addresses United Nations Regional Seminar on Decolonization held in Managua, Nicaragua
( photo by OTR)

SUMMARY OF RECOMMENDATIONS

Richard Ariihau TUHEIAVA

* The Special Committee on Decolonization should ensure that the resolutions on French Polynesia be updated to reflect new developments on the ground in the territory pursuant to the information provided by the representatives of the territory to the regional seminars, the Special Committee and the Fourth Committee. In this regard, the agenda items on the individual territories should be considered by the Special Committee as early in the first week of the regular session of the Special Committee so as to ensure that sufficient time is available for the new information provided to be reflected in the individual resolutions on the territories. 


* Relevant factual information provided from the territory, including legislative actions in the territory on important issues such as nuclear testing compensation, should not be omitted from the resolutions on the basis that it may place the administering Power in an unfavorable light. 

* France, as the administering Power of French Polynesia/Ma.ohi Nui, should be formally and publically requested by the Special Committee (1) to abide by its international legal obligations under Article 73(e) of the United Nations Charter to provide information on the territory to the Secretary-General, and (2) to fully cooperate with the Decolonization Committee in working towards the advancement of the decolonization process of French Polynesia/Ma’ohi Nui under Article 73b of the Charter.




* Counter-strategies, such as the proposed bilateral accord under consideration between the territorial government and the administering Power, can actually be processes of colonial reform and legitimization rather than genuine decolonization, and can be designed to block or deviate the United Nations decolonization process permitting the administering Power to elude its obligations under Article 73 (b) of the United Nations Charter to develop full self-government in the territory. If presented to the Special Committee, such proposals should be carefully assessed on the basis of the minimum standards of full self-government. 

* A standard program of political education for the non self-governing territories on the legitimate decolonization options of political equality should be developed by the relevant United Nations offices, including the Department of Political Affairs, the United Nations Development Program, and independent experts pursuant to General Assembly resolutions adopted throughout the International Decade(s) for the Eradication of Colonialism. In this connection, the newly devised political education program should be applied to French Polynesia to enhance the awareness of the people of the territory of the options available to them in advance of a legitimate act of self-determination.

* The 2014 Independent Report on "The French Nuclear Testing in French Polynesia" prepared by renowned French scientists that comprehensively analyzed the impacts of nuclear testing in French Polynesia should be published by the Special Committee as a document of the United Nations General Assembly so that its findings can be formally considered by member States, and made part of the substantive agendas on decolonization (Fourth Committee) and on disarmament (First Committee), given that the Secretary General’s 2014 Report on "environmental, ecological, health and other impacts as a consequence of the thirty year period of nuclear testing” in the Territory (French Polynesia) did not assess the humanitarian impacts of the nuclear testing.

* The Special Committee should formally acknowledge in its resolution on French Polynesia the adoption by the Assembly of French Polynesia of its resolution on nuclear testing compensation. Pursuant to the General Assembly mandate to collaborate with relevant United Nations specialized agencies, the Special Committee should establish formal cooperation with the International Atomic Energy Agency to further study the impact of nuclear testing of French Polynesia, and to make appropriate recommendations. The Special Committee should also request that French Polynesia be included on the agenda, and in the program of work, of the U.N. Scientific Committee on the Effects of Atomic Radiation.

* The Special Committee should make specific reference in its resolution to the inalienable right of the peoples of French Polynesia to the permanent sovereignty over their natural resources, including marine resources and undersea minerals contained therein pursuant to relevant resolutions of the General Assembly, decisions of the International Court of Justice, and relevant U.N. legal opinions.


Venezuela and Aruba finalise agreement to re-open refinery

Caribbean News Now!

CARACAS, Venezuela -- Authorities from the governments of Aruba and Venezuela, and officials from Petróleos de Venezuela, SA (PDVSA) and CITGO Aruba, gathered in Caracas on Friday to witness the execution of a commercial agreement between CITGO Aruba and the Aruban government that will reopen a 209,000 B/D refinery located in San Nicolas, Aruba. 


In attendance at the event were the president of Venezuela, Nicolás Maduro; the Venezuelan minister of energy and petroleum, Eulogio del Pino; the prime minister of Aruba, Mike Eman; the Aruban Minister of economy, communication, energy and environment, Mike de Meza; and the president and CEO of CITGO Petroleum Corporation, Nelson Martínez.

Following several months of negotiations, officials from the Aruban government and CITGO Aruba announced plans to reactivate operations, which have been idled since 2012, through a refining facilities 15-year lease agreement, with a 10-year extension option.

READ THE FULL REPORT HERE.

13 June 2016

St Martin becomes associate member of Association of Caribbean States (ACS)

SEVENTH SUMMIT 
OF THE ASSOCIATION OF CARIBBEAN STATES (ACS)
 
Havana, Cuba, June 4th , 2016 

“United for a Sustainable Caribbean”

38.Welcomes the accession of the Community of San Martin, as an Associate Member of the ACS in its own name. In that sense, the ACS and the Government of the French Republic will sign an agreement to define the modalities of participation of San Martin as an Associate Member and an amending Protocol to the Agreement which defines the modalities of participation of the government of France as an Associate Member representing Guadeloupe, French Guiana and Martinique, signed in Mexico on May 24, 1996;


11 June 2016

U.S. House approves federal control board for Puerto Rico

Measure is now before U.S. Senate for consideration; other U.S. dependencies removed from legislation

CARIBBEAN NEWS NOW!

House passes Puerto Rico restructuring and oversight bill; removes USVI


ST CROIX, USVI -- The US House of Representatives passed legislation on Thursday by a 297-127 vote to address Puerto Rico’s fiscal and economic crisis after several months of contentious debate. The bill, known as the Puerto Rico Oversight, Management, and Economic Stability Act, or “PROMESA” (HR 5278), would allow the US territory to restructure over $70 billion in currently un-payable public debt, subject to a newly-created and very powerful financial management and oversight board. 


The original bill, as reported out of the House Committee on Natural Resources, would have authorized the establishment of a similar oversight board, with restructuring authority, for the US Virgin Islands and other small territories if the territory’s legislature adopts a resolution signed by the governor requesting its establishment. 



USVI Governor Kenneth Mapp expressed concern that this provision could have a negative effect on the territory’s ability to access the capital markets, potentially increase its cost of borrowing, and possibly subject the territory to a federal oversight board that could override territorial budgets, statutes, and policies, including pension obligations. 



The Mapp-Potter administration led the opposition to the provision, working with Delegate Stacey Plaskett and congressional allies, including Congressman Tom MacArthur of New Jersey. 



The US Department of Treasury and the US Department of Justice originally opposed the governor’s position, based on stated concerns under the Uniformity Clause and the uniformity requirements of the Bankruptcy Clause of the US Constitution. However, those federal departments ultimately acceded to the governor’s position based on the strength of the arguments the Mapp-Potter Administration presented in a legal memorandum rebutting the Treasury and Justice Department concerns. 



The House of Representatives adopted the governor’s proposed amendment language by a voice vote as part of a manager’s amendment offered by House Natural Resources Committee chairman Rob Bishop of Utah. The measure now goes to the US Senate for further consideration and action. 



Mapp thanked MacArthur and Plaskett for their leadership in support of the US Virgin Islands amendment. 



“The original language including the small territories in the oversight board provisions was neither requested nor supported by me or any of the other territorial governors. Nor did Treasury fully consider the potential impact of the original language on our respective abilities to access the US capital markets. I am grateful that the Treasury and Justice Departments were persuaded by our legal arguments that there was no constitutional impediment to remove the offending language,” Mapp said.

08 June 2016

UN Seminar examine implementation of its Decolonisation Mandate

GA/COL/3290

Secretary-General Urges Concrete Action to Advance Decolonization Agenda as Pacific Regional Seminar Convenes

Week of Solidarity with Non-Self-Governing Peoples, New Caledonia’s Upcoming Referendum, Western Sahara Representation Also Discussed

MANAGUA, 31 May — Opening the Pacific Regional Seminar on Decolonization today, United Nations Secretary-General Ban Ki-moon welcomed the focus on commitments and actions within the framework of the third International Decade for the Eradication of Colonialism (2011-2020).
The Seminar, he said, would provide a key opportunity for the Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples — known informally as the Special Committee of 24 — to hear directly from representatives of Non-Self-Governing Territories about their unique situations and problems.  It would also facilitate informal exchanges between administering Powers, other stakeholders, Non-Self-Governing Territories, the Special Committee, experts, civil society organizations and regional organizations
Hosted for the second consecutive year by the Government of Nicaragua, the event is taking place during the Week of Solidarity with the Peoples of Non-Self-Governing Territories.  The Regional Seminar has been held annually since 1990.
“Let us seize this opportunity to identify concrete actions to advance the decolonization agenda,” Mr. Ban said in a message delivered by Rie Kadota, Senior Political Affairs Officer in the Decolonization Unit of the Department of Political Affairs.  He noted that, according to the United Nations Charter and relevant General Assembly resolutions, a full measure of self-government could be achieved through independence, integration or free association with another State.  The choice should be the result of the freely expressed will and desire of the peoples of the Non-Self-Governing Territories.  “I also count on the administering Powers to continue to fulfil the obligation to promote the well-being of the peoples under their administration,” he added.
Rafael Darío Ramírez Carreño (Venezuela) Chair of the Special Committee, expressed solidarity with the Frente Popular para la Liberación de Saguía el-Hamra y de Río de Oro (Frente Polisario) on the death of Secretary General Mohamed Abdelaziz and thanked the Government of Nicaragua for organizing the Regional Seminar for the second consecutive year.  The 2016 event was the sixth annual Seminar to be held during the Third International Decade, he noted, saying it would enable the Special Committee to redouble efforts to fulfil its mandate.  The Seminar should be an instrument of change in favour of decolonization, he added.
“It is now or never,” he emphasized.  “We must take action to ensure that self-determination of peoples is a reality,” he said, adding:  “We are not impartial.  We are in favour and support those that have not yet achieved self-determination.  Our commitment is to promote the decolonization process and to put an end to the shame of colonialism around the world.”  Expressing solidarity and commitment to strike down colonialism in all aspects, he continued: “We will not rest until all of those deprived of their sovereign and territorial integrity are liberated.”
Maria Rubiales de Chamorro, Vice-Minister for Foreign Affairs and Permanent Representative to the United Nations of Nicaragua, said her country had fought for years to gain national liberation and faithfully supported the liberation struggles of peoples around the world.  Nicaragua had always demonstrated solidarity with people under colonial rule fighting for independence and respected their right to self-determination.  However, many tasks lay ahead in the third International Decade and following the seventieth anniversary of the United Nations, she emphasized, describing the decolonization process and the exercise of the right to self-determination by the 17 remaining Non-Self-Governing Territories as an immediate priority.  With more than half of the Non-Self-Governing Territories were in the Latin America and Caribbean region, including the special cases of Puerto Rico and the Falkland Islands (Malvinas), she said Nicaragua was interested in contributing to the decolonization process by drawing upon its own experiences and aspirations, as well as the principles of peace, harmony, dialogue, unity and consensus.  The fact that participants in the Seminar had travelled from afar enabled the country to share its experience of liberation with others pursuing the same path, she added.
Throughout the day, experts and representatives expressed support for the efforts of the United Nations decolonization machinery and stressed the need to carry them further since 17 Non-Self-Governing Territories remained.
An intense exchange occurred over whether to allow the recently elected representatives of two regions in Western Sahara to make statements during the meeting, with Morocco’s representative accusing the Special Committee’s Chair of demonstrating bias against their participation.
Participants also examined ways in which to bolster outreach activities during the annual Week of Solidarity with the Peoples of Non-Self-Governing Territories, and discussed the state of preparation for a referendum in New Caledonia in 2018.
At the meeting’s outset, participants observed a minute of silence in memory of the passing of Mohamed Abdelaziz, Secretary-General of Frente Polisario.
In other business, the Seminar adopted its provisional programme of work (document PRS/2016/CRP.2).  The Chair appointed the representatives of Bolivia and the Russian Federation as Vice-Chairs of the Seminar, and the representative of Chile as Rapporteur.

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Discussion
Mr. RAMÍREZ (Venezuela), Special Committee Chair, opened discussion on the theme “Commitments and Actions for Decolonization in the Non-Self-Governing Territories — The Role of the Special Committee”, emphasizing the importance of carrying out the Special Committee’s work in Accordance with its mandate and rules of procedures.  With resolution 1514 (XV) as the basis of its legitimacy, its working methods must be governed by transparency and non-selectivity, he said, adding that it could not be influenced by groups attempting to impose their own agendas.  The Special Committee’s mandate was to execute relevant resolutions on a case-by-case basis, particularly with regard to sovereignty disputes, he said, emphasizing it was not prepared to accept the perpetuation of colonial rule.
He went on to reiterate that the Special Committee must continue to seek adequate means for implementation of the Declaration and the International Decade, ranging from negotiation to diplomacy.  General Assembly resolution 70/231 of 23 December 2015 requested that the Special Committee carry out one visiting mission per year to the Non-Self-Governing Territories, which provided an opportunity to express the undeniable usefulness of such visits, including the visit to New Caledonia in 2014.
CARLYLE CORBINexpert, said the role of the United Nations was divided into three historic periods:  the early period leading to the adoption of the Declaration, from 1946 to 1960); the acceleration of decolonization, from 1960 to 1990; and the deceleration of decolonization, from 1990 to the present.  During the first period, General Assembly resolutions on 11 small island Non-Self-Governing Territories had been consolidated into a single “omnibus” document as a compromise in response to proposals by administering Powers to replace the various texts with a statement of decolonization principles and to remove any specific reference to the situation in the Territories.
The critical Subcommittee on Small Territories, where the specific conditions of each of small territory were examined, had been eliminated, but never replaced despite several proposals, he continued.  From 1946 to 1971, calls had continued for the implementation of General Assembly resolutions, but the participation of many Non-Self-Governing Territories had declined because they had seen no progress in implementation.  Only Timor-Leste had achieved full self-government during the 25-year period from 1990, while French Polynesia had been re-inscribed on the list of Non-Self-Governing Territories, he said, adding that the Secretary-General’s report on the third International Decade shed scant light on implementation of the decolonization mandate.  Substantive activities included in the plan of action for the three Decades had been ignored.
He went on to state that during the second Decade, Saint Lucia, then Chair of the Special Committee, had commissioned the Programme of Implementation of the Decolonization Mandate (document A/60/853-E/2006/75), which had been endorsed by the General Assembly.  The plan of action was linked to decolonization resolutions of relevant United Nations implementing bodies, but it had never been carried out, he said, adding that the United Nations system’s inability to give effect to the decolonization mandate had led to a “repetition of processes” whereby resolutions were adopted without accountability and the process repeated itself with the adoption of nearly identical resolutions in each succeeding year.
Meanwhile, the situation in the Territories had become increasingly complex, requiring specific diagnostic tools to assess the nature of their political arrangements in accordance with, he said.  Such an assessment had been instrumental in making the case for re-inscribing French Polynesia, he said, adding that indicators included the degree of awareness within the Territories of their options in choosing their own political status and overall self-determination process, the unilateral authority of the administering Powers to legislate for the Territories, and the evolution of internal governance capacity, among others.

He emphasized that the United Nations system must be creative and flexible to implement General Assembly resolutions, including by adjusting the Organization’s decolonization budget.  Case-by-case assessments must be initiated for each Territory, with or without the participation of the respective administering Powers, which must be reminded that the decolonization process should not be unduly influenced by changes in the demographic composition of the Territories.
READ THE FULL REPORT ON DAY 1 HERE.

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GA/COL/3291

Speakers Urge Administering Powers to Address Impact of Nuclear Testing, Military Build-up in Pacific Territories, as Regional Decolonization Seminar Continues


Members Also Discuss Western Sahara, Gibraltar, Falkland Islands (Malvinas)


MANAGUA, 1 June — As the Pacific Regional Seminar on Decolonization entered its second day, delegates and experts and expressed concern about the effects of nuclear testing on the inhabitants of French Polynesia and the military build-up on Guam, calling on the administering Powers of both Non-Self-Governing Territories to address those issues.
Venezuela’s representative said France had exhibited a very condescending attitude and should fulfil its international obligations, particularly regarding its nuclear testing.
Cuba’s representative agreed, expressing support for a call by expert Richard Ariihau Tuheiava for the Secretary-General to publish, as a General Assembly document, the 2014 independent report prepared by renowned French scientists that comprehensively analysed the impact of nuclear testing, and for the Assembly to include a substantive reference to ownership of the island Territory’s natural resources in its 2016 resolution.
She also asked for more information on the militarization of Guam by the United States, while China’s representative emphasized the need for administering Powers to demilitarize Territories under their administration and to protect the right of local inhabitants to self-determination.
Since re-inscribing French Polynesia on the United Nations list of Non-Self-Governing Territories in 2013, the General Assembly has adopted four resolutions asking France, the administering Power, to participate in and cooperate fully with the Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, known informally as the Special Committee of 24.
Mr. Richard Tuheiava, (member of the Assembly of  Ma'ohi Nui/French Polynesia) said France had refused to acknowledge the Territory’s re-inscription, choosing instead to vacate its seat whenever the issue was discussed in the Special Committee.  The Government of France had a duty to advance the decolonization process, as it had already done with New Caledonia, he emphasized.  It was also worrisome that the Secretary-General’s report on the consequences of France’s nuclear testing over a 30-year period ending in 1997 was far from comprehensive and failed to assess its effects on the health of thousands of French Polynesia’s Ma’ohi people, who were yet to receive reparatory justice.
A discussion also emerged about Western Sahara, with some Special Committee members siding with Morocco’s claim to the Territory, while others supported the holding of a referendum on its status.  Algeria’s representative said the General Assembly should conduct a visiting mission to Western Sahara and expressed hope that the Special Committee could devote one session to the issue.
The case of Puerto Rico — an unincorporated Territory of the United States — was also discussed.  The General Assembly had removed it from the list of Non-Self-Governing Territories in 1953, with the proviso that the General Assembly could revisit the issue.
Wilma Reveron-Collazo, a member of the Bar Association of Puerto Rico, shed light on the Territory’s political and other developments on the Territory, saying that crippling public debt had fuelled its current fiscal crisis.  However, the real aim of legislation on that issue under consideration in the United States Congress was to guarantee payment of the debt to bondholders on Wall Street, as the local population sank into deeper levels of unemployment and poverty, she said.
READ THE FULL REPORT ON DAY 2 HERE.

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GA/COL/3292

Tolerance, Productive Dialogue Essential to Advancing Self-Determination Process, Speakers Stress, as Pacific Regional Seminar on Decolonization Concludes

MANAGUA, 2 June — As the Pacific Regional Seminar on Decolonization concluded this afternoon, speakers stressed the need for productive dialogue and harmonious relations in order to advance the decolonization of the world’s 17 remaining Non-Self-Governing Territories.
“Sometimes the tone has reflected the difficulties we face, but we must find ways to advance,” said Rafael Darío Ramírez Carreño (Venezuela), Chair of the Special Committee on the Granting of Independence to Colonial Countries and Peoples, known informally as the Committee of 24.  It was important to maintain tolerance and a willingness to participate in discussion, he said, emphasizing that “there is no room for harsh criticism.  We must keep in mind the key theme of this Seminar and not divert attention away.”
Stressing the urgent need to free people from the yoke of colonialism as the third International Decade for the Eradication of Colonialism (2011-2020) approached its end, he said:  “The commitment does not fall to a few; the international community must join efforts for an end to this colonial situation,” urging greater productivity and fresh impetus to improve the work of United Nations bodies tasked with decolonization matters.  The Special Committee stood ready to review the Non-Self-Governing Territories on a case-by-case basis, taking into account each one’s specific situation on the ground, as well as its historical and cultural context.
While the decision of a Territory’s status must be determined freely by its own people, the administering Power of each Territory also had an important role in resolving disputes and facilitating the decolonization process, he noted.  Welcoming France’s participation in the Seminar and calling on other administering Powers to follow suit, he stressed that they must all abide by the Declaration on the Granting of Independence to Colonial Countries and Peoples.
Highlighting the themes addressed during the course of the three-day Seminar, he underlined that the management of natural resources must be carried out with full respect for the sovereignty of the peoples of the Non-Self-Governing Territories.  The International Week of Solidarity with the Peoples of Non-Self-Governing Territories, which had lost some lustre in recent years, must regain its original spirit, he said, calling on all to participate actively in the Special Committee’s next meeting, in New York on 13 June.
Visiting missions played a special role in helping understanding of the situation of the Territories and they should take place annually, he said, adding that the Special Committee would review the proposals made during the Seminar in relation to visits and see which ones were feasible.  The practice of colonialism must cease, regardless of the form it took, he said, urging all parties to prevent the rise of new conflicts in areas already besieged by turmoil, such as the Middle East and North Africa.  Recalling that more than 400,000 people had died during Venezuela’s struggle for independence, he pointed out that the people had eventually triumphed and helped to free five neighbouring countries, as well.  Venezuela remained steadfast in its commitment to helping others achieve the same freedom.
María Rubiales de Chamorro, Nicaragua’s Vice-Minister for Foreign Affairs and Permanent Representative to the United Nations, also pledged her Government’s support for peoples struggling for liberation and agreed that progress had been made towards ending colonialism around the world.  The commitment to advance the third International Decade demonstrated that dialogue and negotiation were possible when there was political will to implement United Nations resolutions.
Noting that discussions during the Seminar had been frank and straightforward, she said thanked France for participating and expressed hope that the other administering Powers would coordinate with the Special Committee in the future.  “We trust in the political will of all,” to devise during the four years remaining in the International Decade specific measures to draft a road map so that people under the yoke of colonialism could finally be free, she said.
The Special Committee must do its part, by working to ensure implementation of the resolutions adopted, particularly those relating to the role of specialized agencies and other organizations of the United Nations system, she emphasized.  She welcomed the debate on how to bolster assistance to the Non-Self-Governing Territories and pledged Nicaragua’s commitment to further that discussion within the Special Committee.
Also today, participants approved the draft procedural report of the Seminar (document PRS/2016/CRP.5), which was presented by Jose Antonio Cousiño (Chile), Rapporteur of the Special Committee.  It comprised three parts:  organization of the Seminar; its proceedings; and conclusions and recommendations.  The drafting of conclusions and recommendations had begun in Managua and would be finalized in New York.
In addition, participants approved a draft resolution, read out by Cuba’s representative, expressing appreciation to the Government and people of Nicaragua for hosting the Seminar.
The representative of Algeria also made closing remarks.

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READ THE FULL REPORT ON DAY 3 HERE.