Overseas Territories Review

Self-Determination or Annexation? The Case of Bonaire

2026-04-14T07:29:00.000-04:00

Overseas Territories Report

The authoritative journal on economic, social and political developments in and affecting small island overseas countries, territories and departments

Vol. IX No. 2 February 2010

Self-Determination or Annexation?

The Case of Bonaire

__________________________________________________________________________________

by Dr. Carlyle G. Corbin

International Advisor on Governance

Former US Virgin Islands Minister of State for External Affairs

The recent postponement by the Dutch Government of the 24^th March referendum on the political future of the people of Bonaire, coupled with the continued process of annexation of the island in spite of efforts by the elected government to consult its people on their political status choice, violate the inalienable right of self-determination of the people of Bonaire as guaranteed under international law.

Bonaire, one of the five island jurisdictions of the Netherlands Antilles off the coast of South America, voted in 2004 for “direct ties” with the Kingdom of the Netherlands. In referenda conducted in the four other islands held between 2000 and 2005, Saba voted for “direct ties” while St. Eustatius accepted that status after first voting to stay within the present unified five-island country. This was not possible, however, since the country in which they agreed to remain would no longer exist as it would have to be dismantled. The remaining two islands of Curacao and Sint Maarten voted for separate country status, albeit with significantly less autonomy than presently exists.

Minimum Standards for Political Integration Unmet

Since the 2004 Bonaire referenda, however, the meaning of “direct ties” with the Kingdom was increasingly defined by the Dutch political and administrative machinery as a form of “partial integration/annexation,” and apparently not consistent with the understanding of the people of Bonaire. As recent as 2008, there was no elaboration on the meaning of “direct ties” in the Dutch Kingdom’s Report to the Human Rights Committee on its compliance with Article 1 (Right to Self-Determination) under the International Covenant on Civil and Political Rights (ICCPR). The Report merely stated that “Bonaire, Saba and St Eustatius will become ‘public bodies’ within the Netherlands (and that) the Kingdom of the Netherlands will then consist of the Netherlands (with Bonaire, Saba and St Eustatius as public bodies), Aruba, Curacao and St Maarten.” [i]

Concern for the failure of signatory countries to provide sufficient detail on Article 1 of the ICCPR dealing with self-determination was expressed by the United Nations High Commissioner for Human Rights as early as 1984 in General Comment 12. [ii] Indications are that this lack of elaboration persists. Accordingly, the Dutch Kingdom Report was also silent on the nature of the lesser autonomous country status for Curacao and Sint Maarten, respectively without reference to whether this status would meet the minimum standards of autonomous governance according to international norms.

In this connection, there is a temptation to seek to justify such lesser autonomous arrangements by citing UN Resolution 2625 (XXV) which refers to “the emergence of any other political status freely determined by the people.” However, the primary intent of that resolution was limited to “recognis(ing) the emergence of differing and flexible self-governing political models, with the understanding that the minimum level of political equality, and the attainment of a full measure of self-government, remained an essential prerequisite, as consistently reaffirmed in the legislative authority contained in General Assembly resolutions to that point.”[iii]

In other words, it was never the intention of the General Assembly, by Resolution 2625 (XXV), to legitimise political dependency models which did not provide for a full measure of self government, but rather to acknowledge the evolution of such political and constitutional arrangements as positive developments moving towards a full measure of self-government as clearly defined in Resolution 1541 (XV). There is no formal international process to assess the status of countries which have had their autonomy reversed since the need to address such a development was never anticipated.

Right of the People to be Consulted

Given the democratic deficits emerging in the proposed ‘public body/public entity’ status, a new Bonaire government in 2009 began to enact procedures for a second referendum to consult its people after a more thorough public education programme on their legitimate political options. In this case, the idea was to give the people of Bonaire the opportunity to determine whether the kind of “direct ties” it wished with the Kingdom should be in the form of the emerging partial political integration, or in the form of an association.

It is acknowledged that integration with full political rights, independence, and free association are the three legitimate alternatives which constitute the internationally-recognised options of political equality under United Nations General Assembly Resolution 1541 (XV). Under this international instrument, political integration must be achieved on the basis of “complete political equality (where) the people should have equal status and rights of citizenship and equal guarantees of fundamental rights and freedoms…”[iv]

There is the additional requirement, in the context of minimum standards of political equality, that integration must provide for “equal rights and opportunities for representation and effective participation at al levels in the executive, legislative and judicial organs of government.” Direct ties, as envisaged by the Dutch, appears not to conform with these internationally-recognised minimum standards of political integration. A case could be made, therefore, for the listing of Bonaire as a non self-governing territory under the United Nations Charter until integration with full political rights is realised. An independent assessment of this ‘public entity’ status, as well as a review of the lesser autonomous ‘country’ status agreed by Curacao and Sint Maarten, would shed considerable light on whether the relevant minimum standards would be met.

Other requirements in relation to political integration should also be taken into account, most notably, the requirement that integration should “be the result of the freely expressed wishes of the territory’s peoples acting with full knowledge of the change in their status…”. Clearly, the insufficiency of information on the details of the “public entity/public body” status did not provide for the “full knowledge” of the people before the 2004 referendum. Thus, the reasons articulated by the Bonaire Government to consult the people in referendum are wholly appropriate.

The related matter is the international requirement for the “freely expressed wishes of the people.” Thus far, the people of Bonaire have not yet had the opportunity to endorse the proposed status – as it has evolved - through an informed and democratic process. This decision was made by the political leadership in the Final Declaration of 2006, but was not subsequently approved by the people in referendum in Bonaire, Saba nor St. Eustatius.

The Dutch Rationale

It is ironic that the main rationale for the Dutch action to thwart the Bonaire referendum is based on an interpretation that the March 2010 referendum, as planned, “cannot withstand the test of international law.” It is not convincing, however, that the Bonaire Referendum Ordinance violated international law. On the contrary, what appears to be in contravention of international law is not the Ordinance, but rather the denial of the right of the people of Bonaire to self-determination as required under the International Covenant on Civil and Political Rights (ICCPR), and other pertinent human rights treaties and international instruments.

Accordingly, it is relevant that General Comment 12 of the Office of the High Commission for Human Rights emphasises the requirement of the ICCPR that “all States parties (to the ICCPR) should take positive action to facilitate realisation of and respect for the right of peoples to self-determination (and that) such action must be consistent with the State’s obligation under the Charter of the United Nations and under international law.” The Dutch annulment of the Bonaire Referendum Ordinance, and its earlier punitive suspension of aid to that island jurisdiction because of its principled position that the people must be further consulted, are incongruous to the requirement to “facilitate” the self-determination process. These actions are also inconsistent with Article 73 (b) of the United Nations Charter on the requirement of member States to promote self-government.

Within this broader context, the Dutch rationale in blocking the referendum is twofold: firstly, the lack of clarity of the referendum question, and, secondly, voter eligibility. On the first point, a clear case can be made for greater elaboration of the definitions of the referendum options, and the implications of the proposed choices. One way to accomplish this task is by utilising the definitions of the options of integration and free association, respectively, as clearly defined in United Nations Resolution 1541 (XV), and which conform to the principle of absolute political equality. The United Nations Needs Assessment Mission in its report on its visit to Bonaire in December, 2009 did not address the possibility that the partial integration on offer by the Dutch might not have met international standards of full political integration. This may not have been a part of their mandate.

The Voter Eligibility Question

On the second point of voter eligibility, however, the issue is more complex. In this context, a clear distinction must be made between voting in regular elections versus participation in acts of self-determination such as the Bonaire referendum where the people are asked to vote on their political future. Reference to this effect was made in the 2^nd February 2010 editorial in the Daily Herald that “…in the case of a referendum, it is not unusual to deviate from normal voting rights for elections within the Netherlands Antilles.” [v]

In fact, such a deviation is widely used in self-determination referenda which have historically been governed by different voting eligibility criteria than that utilised for general elections. The rationale for this is clear since it is the people with an historic connection with the country/territory who have the distinct right to determine the future of that country or territory. This is evidenced by a number of examples historically, many of which have been endorsed by the United Nations General Assembly, the Security Council and other relevant bodies. The UN Needs Assessment Mission Report was silent on the differentiation between referenda and regular elections. This, too, may not have been part of their mandate.

Referendum Voter Criteria

The process in New Caledonia, a French overseas territory in the Pacific, is a case in point where the validity of the electoral franchise for the upcoming referendum – agreed by the French Government - was confirmed by the United Nations Human Rights Committee. This UN body established that “a differentiation between residents as regards their relationship to the territory, on the basis of length of residence requirement…did not have the purpose or effect of establishing different rights for different ethnic groups or groups distinguished by their national extraction.” [vi] The European Court of Human Rights concurred with this assessment in its 2005 decision. [vii] This amounted to a recognition of the legitimacy of a ten-year residency requirement for voting in the self-determination referendum. [viii] The UN Human Rights Committee concluded that “the (ten-year voter eligibility) criteria established are reasonable to the extent that they are applied strictly and solely to ballots held in the framework of a self-determination process.”

The Committee further held that the differentiation in voter eligibility was “based on objective grounds” that were “reasonable” and “not discriminatory.” The European Court of Human Rights, in its decision, also concurred with the 15 July 2002 Views of the United Nations Human Rights Committee on the New Caledonia residency requirements, which stated, inter alia, that:

“…the criteria governing the right to vote in the referendums have the effect of establishing a restricted electorate and hence a differentiation between (a) persons deprived of the right to vote…and (b) persons permitted to exercise this right owing to their sufficiently strong links with the territory whose institutional development is at issue.” [ix]

Given this legitimisation of a ten-year requirement for a political status referendum by the United Nations Human Rights Committee, it is difficult to determine the reasonableness behind the relevant recommendations of the United Nations Needs Assessment Mission which termed as “problematic” the five-year requirement originally recommended by the Bonaire Referendum Committee. On the contrary, it is the recommended “reasonable compromise solution” of a six-month residency period put forth by the UN mission that should be deemed unreasonable, as far as the people of Bonaire are concerned. In any case, the Bonaire Referendum Ordinance was later adopted with a three-year residency requirement – still well within the parameters of what was determined reasonable by the United Nations Human Rights Committee, and confirmed by the European Court of Human Rights, but nevertheless regarded as excessively long by the UN Needs Assessment Mission.

If this exercise was designed for the purpose of protecting the political rights of European Dutch citizens, rather than the Antillean Dutch citizens, who constitute the people of Bonaire, then there would be some basis for the short voter residency requirement recommended by the United Nations Mission. Of course, the Mission’s equality of rights argument would, then, also be applied to the Antillean Dutch citizens who are hardly equal to their fellow citizens in Europe in terms of political rights within the Kingdom. (This significant inequality of political rights was even recognised by the Dutch Committee on the Democratic Deficit of the Kingdom Government, but whose recommendation to give voting rights to the people of the present Netherlands Antilles in parliamentary elections was set aside ).

Several other examples of special voter eligibility requirements are worth noting to further illustrate the point, including the 1999 political status referendum in East Timor which limited the franchise to natives and offspring of at least one parent who was born in the territory. No less than the United Nations Security Council, by resolution, “welcome(d) the modalities for the (1999) popular consultation of the East Timorese through a direct ballot.” The United Nations actually conducted the balloting of this restricted franchise.

The situation in Western Sahara is also instructive because it legitimised a further variation on the distinctiveness of the electoral franchise in an act of self-determination, in this case, based on ethnicity. It is the United Nations which is organising this restrictive voter registration for the long-delayed self-determination referendum there.

Even the American – administered territories have instituted unique electoral measures on that basis with the adoption by the Guam Legislature of the Chamorro Registry defining voter eligibility in an upcoming referendum on self-determination based on family lineage and descendency. There have been no legal challenges thus far arguing that the rights of “other United States citizens” resident in that territory were being infringed upon – perhaps the quid pro quo is that the people of the US territories have no voting rights in the United States political system. The United Nations has acknowledged these specific eligibility requirements for Guam by General Assembly resolution.

Conclusion

Given established precedent, and taking into account the rulings of the European Court of Human Rights, and the United Nations Human Rights Committee, respectively, it is difficult to concur with the view that a three-year residency requirement for what amounts to an act of self-determination on the political future of Bonaire violates international law. In fact, the three-year requirement would appear well within the parameters of established international precedent.

It is to be recognised that the voter eligibility requirements contained in the Bonaire Referendum Ordinance might be seen by some as a “conflict with the public interests of the Kingdom” and may even be seen as counter to what some have suggested is a grand strategy to increase European Dutch presence and political power in the Antilles, and by extension, heighten Dutch influence in the Caribbean. Notwithstanding these perceptions, the voter eligibility requirements were properly designed to protect the interests of the people of Bonaire, and have clear international precedent.

As the March 2010 timetable approaches for the vote in the Dutch Second Chamber on the package of draft laws for the three islands to be partially integrated, decisions will have to be taken by the elected government of Bonaire in determining the way forward, even as the Dutch continue to exert inordinate political, economic and other pressures on the situation with the apparent aim of bringing the island in line with what some view as a Dutch plan of annexation. In this regard, the Dutch suspension of financial assistance to development projects in Bonaire until the island “falls in line” is disappointingly heavy-handed, as is the disparaging public comments made about the situation by certain Dutch politicians.

In the final analysis, the rationale used to thwart the Bonaire referendum leans more on the basis of political consideration rather than any convincing interpretation of international law and precedent as far as voter eligibility in referenda is concerned. However, the need for clarification of the referendum question is duly recognised and easily adjusted.

All parties should be in agreement that the overriding principle is the self-determination of the people of Bonaire. This is an inalienable right, and cannot be dismissed so easily for the sake of an external legislative timetable. In this light, there remains considerable scope for a resumption of discussions leading to a satisfactory resolution with the backing of appropriate international support. The alternative may require taking the issue to the relevant international tribunals where the entire spectrum of issues could be put on the table for comprehensive examination by the international community.

Notes

[i] Consideration of Reports submitted by States Parties under Article 40 of the International Covenant on Civil and Political Rights: Addendum Antilles, Human Rights Committee. CCPR/C/NET/4/Add.2. 9 June 2008. Original: English.

[ii] See. General Comment No. 12, The Right to Self-Determination of peoples (Art. 1). 13 April 1984.

[iii] Carlyle Corbin, “Criteria for the Cessation of Transmission of Information under Article 73(e)” in “Overseas Territories Report, Vol. V, No. 5. August 2006.

[iv] See Principle VIII of Resolution 1541 (XV) of 15 December 1960.

[v] thedailyherald.com, “Editorial – Wrong Message,” 2^nd February 2010.

[vi] See “Views of the United Nations Human Rights Committee, dated 15 July 2002” as cited in Py v. France 11 January 2002.

[vii] European Court of Human Rights, “Case of Py v. France. pp. 11-12. 11 January 2005.

[viii] New Caledonia Institutional Act (no. 99-209). Article 188 (c). 19 March 1999.

[ix] 7 op. cit., p. 5.

UN DECOLONISATION CMT. POLICY ON INFORMATION DISSEMINATION

2025-06-18T11:21:00.000-04:00

2025 Session,

3rd & 4th Meetings (AM & PM)

GA/COL/3389

9 June 2025

The Special Committee on Decolonization opened the substantive portion of its 2025 session today and approved three draft resolutions relating to territories whose people have not yet attained a full measure of self-government.

The 29-member Special Committee — formally known as the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples — annually reviews the list of Non-Self-Governing Territories, as defined in Chapter XI of the Charter of the United Nations, to which the Declaration is applicable and hears statements from their representatives.

Acting without a vote on all three texts, the Special Committee approved its annual draft resolution “Dissemination of information on decolonization” (document A/AC.109/2025/L.3), by which the General Assembly would request the Secretary-General to further enhance the information provided on the United Nations decolonization website. It would also ask the Department of Global Communications to continue its efforts to update web-based information on the assistance programmes available to the Non-Self-Governing Territories.

By the second resolution, “Information from Non‑Self‑Governing Territories transmitted under Article 73(e) of the Charter of the United Nations” (document A/AC.109/2025/L.4), the Assembly would ask the administering Powers to respect their obligations under the Charter and continue to transmit or regularly to the UN Secretary-General information relating to the economic, social and educational conditions in the Territories.

The third text, “Question of sending visiting and special missions to Territories” (document A/AC.109/2025/L.5), would have the Assembly stress the need to dispatch periodic visiting missions to Non-Self-Governing Territories to facilitate the full, speedy and effective implementation of the Declaration. It would also call upon the administering Powers to cooperate with the United Nations, if they have not yet done so, or to continue to cooperate by facilitating UN visiting missions to the Territories under their administration.

Throughout the day, the Special Committee examined the questions concerning Tokelau, American Samoa, Anguilla, Bermuda, the British Virgin Islands, French Polynesia, Montserrat, New Caledonia, Pitcairn, Saint Helena, the Turks and Caicos Islands and the United States Virgin Islands and held hearings for some. Petitioners and officials from various Territories delivered impassioned statements. While some highlighted constructive relationships, others called out administering Powers for their failure to carry out their obligations under the UN Charter and relevant UN resolutions.

Question of French Polynesia

“Our actions are not just drops in the ocean. Our actions are the ocean,” underscored Mareva Kitalong, delegate for International, European and Pacific Affairs of French Polynesia, who pointed out that about 40 per cent of France’s exclusive economic zone is in French Polynesia. Its people’s “sovereign effectiveness” over the strategic resources of its maritime areas must be guaranteed. She requested that French Polynesia host the decolonization regional seminar in 2027. Conveying young peoples’ worry about the lack of progress in self-determination, she stressed: “Development and decolonization of French Polynesia go hand in hand.”

France’s representative said French Polynesia enjoys a very large degree of autonomy and holds jurisdiction over a broad range of matters, including health, education, work and culture. Moreover, Polynesians, as full French citizens, enjoy the same rights and freedoms as all other French nationals. French Polynesia’s powers are enhanced by France’s economic and financial support; financial transfers to Polynesia amount to nearly €2 billion each year. Noting their constant dialogue, he said “there is no process between the French State and the Polynesian Territory that provides a role for the United Nations”.

Richard Tuheiava of the Tāvini Huiraʻatira, a pro-sovereignty political party in French Polynesia, noting the administering Power’s refusal to officially recognize the role of the UN, stressed: “This stance is a clear violation of the right to self-determination of the Polynesian people.” He urged the Committee to be more proactive on the question of French Polynesia.

Question of the British Virgin Islands

Natalio D. Wheatley, Premier of the British Virgin Islands, highlighting a key finding of the 2023 UN visiting mission, said the Territory “is ready for a change of political status”. His Government will act on the mission’s recommendations by establishing a decolonization commission and prioritizing a referendum on political status. Voicing hope that the United Kingdom “will do the right thing”, he said: “We will press forward with urgency and haste with the mission of helping to decolonize the Caribbean region.”

The representative of Antigua and Barbuda, a member of the delegation to the last visiting Mission to the British Virgin Islands, stressed that, despite having demonstrated its capacity for self-rule and management of its economy, the Territory “remains shackled and not free to make the ultimate decisions concerning its political aspirations”.

A petitioner for the British Virgin Islands called on the UN to support an education programme on self-determination in the Territory that will not only provide accurate information about political status options, but also address the “psychological dimension” of colonialism — when the colonized people have been persuaded that “they are incapable of ruling themselves”.

UN ADOPTS ANNUAL RESOLUTIONS ON DEPENDENT TERRITORIES

2024-01-02T22:03:00.005-04:00

The Question of Anguilla

The Question of American Samoa

The Question of the Turks and Caicos Islands

The Question of Tokelau

The Question of the US Virgin Islands

The Question of New Caledonia

The Question of Montserrat

The Question of Guam

The Question of French Polynesia

The Question of the Cayman Islands

The Question of the British Virgin Islands

The Question of Bermuda

The Question of Western Sahara

The Question of Saint Helena

The Question of Pitcairn

Implementation of the Decolonization Declaration

Implementation of the Decolonization Declaration by the UN Specialized Agencies

Offers by Member States of study and training facilities for inhabitants of Non-Self-Governing Territories

Economic and other activities which affect the interests of the peoples of the Non-Self-Governing Territories

Information from Non-Self-Governing Territories transmitted under Article 73 e of the Charter of the United Nations

France continues to violate UN Charter on French Polynesia

2023-03-30T16:28:00.000-04:00

A Decade of Violations of the United Nations Charter by the French Republic with respect to non-compliance of Article 73(e)
of the United Nations Charter (2013-2023)

Article 73

Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:

……..

e) to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII app

Dates of non-transmission of information by France under Article 73 e of the United Nations (UN) Charter with respect to Ma'ohi Nui/French Polynesia

2013 – 2023

Administering Power Year Transmission of Information

France	2013	No information transmitted
France	2014	No information transmitted
France	2015	No information transmitted
France	2016	No information transmitted
France	2017	No information transmitted
France	2018	No information transmitted
France	2019	No information transmitted
France	2020	No information transmitted
France	2020	No information transmitted
France	2021	No information transmitted
France	2022	No information transmitted
France	2023	No information transmitted

According to its resolution 67/265, the General Assembly recognizes that, in the light of the provision of Chapter XI of the Charter of the UN General Assembly resolution 1514 (XV), French Polynesia remains a Non-Self-Governing Territory within the meaning of the Charter.” (U.N. Document A/78/63 of 11 January 2023).

UN GENERAL ASSEMBLY ADOPTS BERMUDA RESOLUTION

2023-03-02T14:22:00.000-04:00

Resolution adopted by the General Assembly

12 December 2022

77/136. Question of Bermuda

The General Assembly,

Having considered the question of Bermuda and examined the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples for 2022,[1]

Taking note of the working paper prepared by the Secretariat on Bermuda[2] and other relevant information,

Recognizing that all available options for self-determination of the Territory are valid as long as they are in accordance with the freely expressed wishes of the people of Bermuda and in conformity with the clearly defined principles contained in General Assembly resolutions 1514 (XV) of 14 December 1960, 1541 (XV) of 15 December 1960 and other resolutions of the Assembly,

Expressing concern that, more than 60 years after the adoption of the Declaration on the Granting of Independence to Colonial Countries and Peoples,[3] there still remain 17 Non-Self-Governing Territories, including Bermuda,

Conscious of the importance of continuing the effective implementation of the Declaration, taking into account the target set by the United Nations to eradicate colonialism by 2030 and the plan of action for the International Decades for the Eradication of Colonialism,[4]

Recognizing that the specific characteristics and the aspirations of the people of Bermuda require flexible, practical and innovative approaches to the options for self-determination, without any prejudice to territorial size, geographical location, size of population or natural resources,

Convinced that the wishes and aspirations of the people of the Territory should continue to guide the development of their future political status and that referendums, free and fair elections and other forms of popular consultation play an important role in ascertaining the wishes and aspirations of the people,

Concerned by the use and exploitation of the natural resources of the Non-Self-Governing Territories by the administering Powers for their benefit, by the use of the Territories as international financial centres to the detriment of the world economy and by the consequences of any economic activities of the administering Powers that are contrary to the interests of the people of the Territories, as well as to resolution 1514 (XV),

Convinced that any negotiations to determine the status of the Territory must take place with the active involvement and participation of the people of the Territory, under the auspices of the United Nations, on a case-by-case basis, and that the views of the people of Bermuda in respect of their right to self-determination should be ascertained,

Noting the continued cooperation of the Non-Self-Governing Territories at the local and regional levels, including participation in the work of regional organizations,

Mindful that, in order for the Special Committee to enhance its understanding of the political status of the people of Bermuda and to fulfil its mandate effectively, it is important for it to be apprised by the United Kingdom of Great Britain and Northern Ireland as the administering Power and to receive information from other appropriate sources, including the representatives of the Territory, concerning the wishes and aspirations of the people of the Territory,

Aware of the importance both to Bermuda and to the Special Committee of the participation of elected and appointed representatives of Bermuda in the work of the Committee,

Recognizing the need for the Special Committee to ensure that the appropriate bodies of the United Nations actively pursue a public awareness campaign aimed at assisting the people of Bermuda with their inalienable right to self-determination and in gaining a better understanding of the options for self-determination, on a case-by-case basis,

Mindful, in that connection, that the holding of regional seminars in the Caribbean and Pacific regions and at Headquarters, with the active participation of representatives of the Non-Self-Governing Territories, provides a helpful means for the Special Committee to fulfil its mandate and that the regional nature of the seminars, which alternate between the Caribbean and the Pacific, is a crucial element in the context of a United Nations programme for ascertaining the political status of the Territories,

Welcoming the Pacific regional seminar on the theme “Advancement of the Non‑Self-Governing Territories through the coronavirus disease (COVID-19) pandemic and beyond”, held by the Special Committee in Castries and hosted by the Government of Saint Lucia from 11 to 13 May 2022, as a significant and forward-looking event, which enabled the participants to assess progress made and address challenges faced in the decolonization process, review the existing working methods of the Committee and renew its commitment to implementing its historic task,

Recalling the importance of the conclusions and recommendations adopted by the seminar, which are annexed to the report of the Special Committee and which outline the findings of the seminar, including, especially, the way forward for the decolonization process within the context of the proclamation by the General Assembly of the period 2021–2030 as the Fourth International Decade for the Eradication of Colonialism,[5]

Noting with appreciation the contribution to the development of some Territories by the specialized agencies and other organizations of the United Nations system, in particular the Economic Commission for Latin America and the Caribbean, the Economic and Social Commission for Asia and the Pacific, the United Nations Development Programme and the World Food Programme, as well as regional institutions such as the Caribbean Development Bank, the Caribbean Community, the Organisation of Eastern Caribbean States, the Pacific Islands Forum and the agencies of the Council of Regional Organizations in the Pacific,

Noting the statement made by a representative of the Government of Bermuda at the 2021 Caribbean regional seminar,[6]

Recalling the dispatch of the United Nations special mission to Bermuda in 2005, at the request of the territorial Government and with the concurrence of the administering Power, which provided information to the people of the Territory on the role of the United Nations in the process of self-determination, on the legitimate political status options as clearly defined in General Assembly resolution 1541 (XV) and on the experiences of other small States that have achieved a full measure of self-government,

Stressing the importance of good governance, transparency and accountability in the Territory,

Stressing also the importance of regional ties for the development of a small island Territory,

Recalling the extension by the administering Power to Bermuda of the Convention on the Elimination of All Forms of Discrimination against Women[7] in March 2017,

Recalling also the general elections that were held in October 2020,[8]

Recalling further relevant resolutions adopted by the General Assembly in connection with the COVID-19 pandemic,

1. Reaffirms the inalienable right of the people of Bermuda to self-determination, in conformity with the Charter of the United Nations and with General Assembly resolution 1514 (XV), containing the Declaration on the Granting of Independence to Colonial Countries and Peoples;

2. Also reaffirms that, in the process of decolonization of Bermuda, there is no alternative to the principle of self-determination, which is also a fundamental human right, as recognized under the relevant human rights conventions;

3. Further reaffirms that it is ultimately for the people of Bermuda to determine freely their future political status in accordance with the relevant provisions of the Charter, the Declaration and the relevant resolutions of the General Assembly, and in that connection calls upon the administering Power, in cooperation with the territorial Government and appropriate bodies of the United Nations system, to develop political education programmes for the Territory in order to foster an awareness among the people of their right to self-determination in conformity with the legitimate political status options, based on the principles clearly defined in Assembly resolution 1541 (XV) and other relevant resolutions and decisions;

4. Stresses the importance of the 2005 report of the Bermuda Independence Commission, which provides a thorough examination of the facts surrounding independence, and continues to regret that the plans for public meetings and the presentation of a Green Paper to the House of Assembly followed by a White Paper outlining the policy proposals for an independent Bermuda have so far not materialized;

5. Underlines the need further to strengthen good governance, transparency and accountability in government for the benefit of the Territory;

6. Requests the administering Power to assist the Territory by facilitating its work concerning public educational outreach efforts, consistent with Article 73 b of the Charter, and in that regard calls upon the relevant United Nations organizations to provide assistance to the Territory, if requested;

7. Welcomes the active participation of the Territory in the work of the Economic Commission for Latin America and the Caribbean;

8. Stresses that the Territory should continue to participate in the activities of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, including regional seminars, in order to provide the Committee with up-to-date information regarding the decolonization process;

9. Also stresses the importance of the Special Committee being apprised of the views and wishes of the people of Bermuda and enhancing its understanding of their conditions, including the nature and scope of the existing political and constitutional arrangements between Bermuda and the administering Power;

10. Calls upon the administering Power to participate in and cooperate fully with the work of the Special Committee in order to implement the provisions of Article 73 e of the Charter and the Declaration and in order to advise the Committee on the implementation of the provisions under Article 73 b of the Charter on efforts to promote self-government in Bermuda, and encourages the administering Power to facilitate visiting and special missions to the Territory;

11. Reaffirms the responsibility of the administering Power under the Charter to promote the economic and social development and to preserve the cultural identity of the Territory, and requests the administering Power to take steps to enlist and make effective use of all possible assistance, on both a bilateral and a multilateral basis, in the strengthening of the economy of the Territory;

12. Takes into account the 2030 Agenda for Sustainable Development,[9] including the Sustainable Development Goals, stresses the importance of fostering the economic and social sustainable development of the Territory by promoting sustained, inclusive and equitable economic growth, creating greater opportunities for all, reducing inequalities, raising basic standards of living, fostering equitable social development and inclusion and promoting the integrated and sustainable management of natural resources and ecosystems that supports, inter alia, economic, social and human development, while facilitating ecosystem conservation, regeneration, restoration and resilience in the face of new and emerging challenges, and strongly urges the administering Power to refrain from undertaking any kind of illicit, harmful and unproductive activities, including the use of the Territory as an international financial centre, that are not aligned with the interest of the people of the Territory;

13. Requests the Territory and the administering Power to take all measures necessary to protect and conserve the environment of the Territory against any degradation, and once again requests the specialized agencies concerned to monitor environmental conditions in the Territory and to provide assistance to the Territory, consistent with their prevailing rules of procedure;

14. Requests the Special Committee to continue to examine the question of Bermuda and to report thereon to the General Assembly at its seventy-eighth session and on the implementation of the present resolution.

52nd plenary meeting

12 December 2022

[1] Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 23 (A/77/23).

[2] A/AC.109/2022/3.

[3] Resolution 1514 (XV).

[4] A/56/61, annex.

[5] See resolution 75/123.

[6] Available at www.un.org/dppa/decolonization/en/c24/regional-seminars/2021.

[7] United Nations, Treaty Series, vol. 1249, No. 20378.

[8] See A/AC.109/2021/3, para. 4.

[9] Resolution 70/1.

RESULTS OF STUDY ON BONAIRE'S 'PUBLIC ENTITY' POLITICAL STATUS

2023-02-24T15:05:00.004-04:00

The Dependency Studies Project
Study and Analysis on Dependency Governance
__________________________________________

Assessment of self-governance sufficiency in conformity
with internationally-recognised standards

Country: Bonaire

Concluding Observations

In the aftermath of the five-year review of the ‘public entity’ status, a constitutional process was initiated in The Hague to embed/anchor the three polities of Bonaire, Saba and Sint Eustatius (BES Islands) in the Dutch Constitution. With specific reference to Bonaire, this procedure was followed despite persistent questions about the legitimacy of the status which had been repeatedly opposed by the people through democratic expression in multiple referenda.

The political and socio-economic inequalities which emerged from the imposition of the status amounted to an involuntary annexation through partial integration of a people into a larger state without their consent, against their will, and irrespective of the applicability of international law on self-determination which has clearly been circumvented.

Despite the misgivings formally expressed on multiple fronts in Bonaire and Sint Eustatius, and following independent critique by various scholars and legal authorities in and out of the Kingdom, the Netherlands proceeded, nevertheless, to embark on an internal political process as a ‘final solution’ of anchoring the status in the Dutch Constitution. This process was accelerated in the aftermath of the five-year review even as it was strenuously opposed in Bonaire to no avail.

By 2019, a main Dutch objective was to encourage BES participation in the election for the nine-member Electoral College newly created under Article 132a(3) of the Dutch Constitution. This was designed to project a certain legitimacy of the foregone anchoring procedure on the assumption that the BES would participate overwhelmingly in the process. Accordingly, the voter participation for the Electoral College was a bare majority of 50.7 % (blank ballots which may have been cast in protest and which may have dropped the final count below 50 % were excluded from the final count). [1] Thus, a modicum of participation in the Dutch political system may have been the result, but its significance severely limited in accordance with the level of representation for the BES. Overall, the unilateral annexation of Bonaire would be violative of the international legal principle of "ex injuria jus non oritur" (“unjust acts cannot create law”).

Also to be noted are other portions of the amended Dutch Constitution of 2018. Hence, a new and more elaborately titled Article was created, “Caribbean part of the Netherlands, territorial public bodies other than provinces and municipalities.” (Constitution, 2018). This replaced the designation in the 2002 and 2008 versions of the constitution which referred only to ‘public bodies.’ The following Table of the current SGA compares the designation of the ‘public bodies’ as they are reflected in the 2002, 2008 and 2018 versions of the Dutch constitutions (with emphasis added).

TABLE: Comparison of ‘public bodies’ in Dutch Constitution
2002-2018 (emphasis added)

Dutch Constitution 2002

Dutch Constitution 2008

Dutch Constitution 2018

Article 134

1. Public bodies for the professions and trades and other public bodies may be established and dissolved by or pursuant to Act of Parliament.

2. The duties and organisation of such bodies, the composition and powers of their administrative organs and public access to their meetings shall be regulated by Act of Parliament. Legislative powers may be granted to their administrative organs by or pursuant to Act of Parliament.

3. Supervision of the administrative organs shall be regulated by Act of Parliament. Decisions by the administrative organs may be quashed only if they are in conflict with the law or the public interest. Article 135 Rules pertaining to matters in which two or more public bodies are involved shall be laid down by Act of Parliament. These may provide for the establishment of a new public body, in which case Article 134, paragraphs 2 and 3, shall apply. Article 136 Disputes between public bodies shall be settled by Royal Decree unless they fall within the competence of the judiciary or decisions are referred to other bodies by Act of Parliament.

Article 134

1. Public bodies for the professions and trades and other public bodies may be established and dissolved by or pursuant to Act of Parliament.

Article 132a

1. In the Caribbean part of the Netherlands, territorial public bodies other than provinces and municipalities may be established and dissolved by Act of Parliament.

2. Articles 124, 125 and 127 to 132 shall apply mutatis mutandis to these public bodies.

3. In these public bodies, elections shall be held for an electoral college for the Upper House. Article 129 shall apply mutatis mutandis.

4. For these public bodies, rules may be laid down and other specific measures may be taken in view of special circumstances that fundamentally distinguish these public bodies from the European part of the Netherlands.

Of the elements related to the newly designated “territorial public bodies other than provinces and municipalities” is a fundamental consistency throughout the three versions of the Dutch Constitution that these entities “may be established and dissolved by act of Parliament.” This is arguably the singular feature that is consistent with actual provinces and municipalities which are clearly segregated from the ‘public bodies’ in the Dutch Constitution of 2018.

Further, while the duties/organisation, and composition/ powers of the administrative organs of the provinces and municipalities are clearly spelled out, the rules governing the ‘public bodies’ are far less detailed, reflecting possibilities for “specific measures (that) may be taken in view of special circumstances that fundamentally distinguish these public bodies from the European part of the Netherlands.” (emphasis added).

The spectre of political, economic and social inequality and the accompanying asymmetrical balance of power continues to linger when such distinctions between the Caribbean and Dutch ‘parts of the Kingdom’ are articulated as they are in the new constitutional provisions of the Dutch Constitution of 2018 related to the ‘public entities/bodies.’ At the least, there is no attempt to re-name them as ‘special municipalities’- the term often used in general discourse on the new dependency governance arrangements in the BES islands.

All things considered, the inalienable right to self-determination must lead to a transformational process of decolonisation and democracy – or it can be replaced with a distorted process resulting in the cruel hoax of colonial reform perpetuating the inequality that the process was supposed to replace. This was the case with respect to the BES Islands in the Caribbean.

It is to be observed that dependency governance is not democratic governance, just as colonialism is not democracy. The ‘public body/entity’ renamed ‘territorial public body’ is one of several global dependency governance models erroneously projected in the 21st Century as forms of democracy, and applied in a fashion that circumvents the inalienable right to genuine self-determination under international law. This is how the scenario has evolved for Bonaire.

The British, French and U.S. all have their versions of asymmetrical dependency governance in the Caribbean and/or the Pacific. Upon examination of the oeuvre of research, the present SGA can only conclude that any projection of Bonaire as a model of democratic governance is illusory at best. Instead, what has been created is yet another form of 21st Century colonialocracy - deficient by all measures of democratic governance.

However, whilst colonialism remains illegal, its illegality is often a matter of power, not justice. This is the fundamental challenge to the contemporary process of self-determination and its consequent decolonisation for island jurisdictions such as Bonaire.

[1] In comparison, the vote for the candidates to the Island Council was or 64.14 per cent or some fourteen per cent higher than that for the “Electoral College.

UN GENERAL ASSEMBLY ADOPTS BR. VIRGIN ISLANDS RESOLUTION

2023-02-24T13:15:00.001-04:00

Resolution adopted by the General Assembly

12 December 2022

RESOLUTION 77/137 Question of the British Virgin Islands

The General Assembly,

Having considered the question of the British Virgin Islands and examined the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples for 2022,[1]

Taking note of the working paper prepared by the Secretariat on the British Virgin Islands[2] and other relevant information,

Recognizing that all available options for self-determination of the Territory are valid as long as they are in accordance with the freely expressed wishes of the people of the British Virgin Islands and in conformity with the clearly defined principles contained in General Assembly resolutions 1514 (XV) of 14 December 1960, 1541 (XV) of 15 December 1960 and other resolutions of the Assembly,

Recognizing that the specific characteristics and the aspirations of the people of the British Virgin Islands require flexible, practical and innovative approaches to the options for self-determination, without any prejudice to territorial size, geographical location, size of population or natural resources,

Convinced that any negotiations to determine the status of the Territory must take place with the active involvement and participation of the people of the Territory, under the auspices of the United Nations, on a case-by-case basis, and that the views of the people of the British Virgin Islands in respect of their right to self-determination should be ascertained,

Noting the continued cooperation of the Non-Self-Governing Territories at the local and regional levels, including participation in the work of regional organizations,

Mindful that, in order for the Special Committee to enhance its understanding of the political status of the people of the British Virgin Islands and to fulfil its mandate effectively, it is important for it to be apprised by the United Kingdom of Great Britain and Northern Ireland as the administering Power and to receive information from other appropriate sources, including the representatives of the Territory, concerning the wishes and aspirations of the people of the Territory,

Aware of the importance both to the British Virgin Islands and to the Special Committee of the participation of elected and appointed representatives of the British Virgin Islands in the work of the Committee,

Recognizing the need for the Special Committee to ensure that the appropriate bodies of the United Nations actively pursue a public awareness campaign aimed at assisting the people of the British Virgin Islands with their inalienable right to self-determination and in gaining a better understanding of the options for self-determination, on a case-by-case basis,

Noting the statement made by a representative of the Government of the British Virgin Islands at the 2022 Pacific regional seminar,[6]

Recalling the invitation extended by the Premier to the Special Committee to send a visiting mission to the Territory in 2019 and 2021,

Stressing the importance of regional ties for the development of a small island Territory,

Cognizant of the Territory’s membership in the Caribbean Overseas Countries and Territories Council,

Recalling with concern the devastating damage and impact caused in the Territory by Hurricane Irma and Hurricane Maria in 2017,

Recalling the general elections that were held in February 2019,[7]

Recalling also the establishment of the Commission of Inquiry by the Governor on 18 January 2021, and aware of the publication in April 2022 of the report of the Commission of Inquiry,

Taking note of the agreement of the administering Power to the proposal by the territorial Government of National Unity on the implementation of the recommendations of the Commission of Inquiry without the need for a temporary partial suspension of the Constitution,

Expressing concern that the administering Power put an Order in Council on hold to partially suspend the Constitution if the Government of the United Kingdom assesses that the implementation of the recommendations does not proceed satisfactorily,

Recalling relevant resolutions adopted by the General Assembly in connection with the COVID-19 pandemic,

1. Reaffirms the inalienable right of the people of the British Virgin Islands to self-determination, in conformity with the Charter of the United Nations and with General Assembly resolution 1514 (XV), containing the Declaration on the Granting of Independence to Colonial Countries and Peoples;

2. Also reaffirms that, in the process of decolonization of the British Virgin Islands, there is no alternative to the principle of self-determination, which is also a fundamental human right, as recognized under the relevant human rights conventions;

3. Further reaffirms that it is ultimately for the people of the British Virgin Islands to determine freely their future political status in accordance with the relevant provisions of the Charter, the Declaration and the relevant resolutions of the General Assembly, and in that connection calls upon the administering Power, in cooperation with the territorial Government and appropriate bodies of the United Nations system, to develop political education programmes for the Territory in order to foster an awareness among the people of their right to self-determination in conformity with the legitimate political status options, based on the principles clearly defined in Assembly resolution 1541 (XV) and other relevant resolutions and decisions;

4. Recalls the 2007 Constitution of the British Virgin Islands, and stresses the importance of continued discussions on constitutional matters, to accord greater responsibility to the territorial Government for the effective implementation of the Constitution and increased levels of education relating to constitutional matters;

5. Calls for full respect of the Constitution and the mutual agreement with respect to the recommendations of the report of the Commission of Inquiry, and calls upon all parties involved to maintain dialogue and work in partnership in the interest of the people of the Territory;

6. Stresses the need for continued close monitoring by the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples of the situation in the Territory, including the dispatch of a visiting mission, in close consultation with the administering Power and the territorial Government;

7. Requests the administering Power to assist the Territory by facilitating its work concerning public educational outreach efforts, consistent with Article 73 b of the Charter, and in that regard calls upon the relevant United Nations organizations to provide assistance to the Territory, if requested;

8. Welcomes the active participation of the Territory in the work of the Economic Commission for Latin America and the Caribbean;

9. Stresses that the Territory should continue to participate in the activities of the Special Committee, including regional seminars, in order to provide the Committee with up-to-date information regarding the decolonization process;

10. Also stresses the importance of the Special Committee being apprised of the views and wishes of the people of the British Virgin Islands and enhancing its understanding of their conditions, including the nature and scope of the existing political and constitutional arrangements between the British Virgin Islands and the administering Power;

11. Calls upon the administering Power to participate in and cooperate fully with the work of the Special Committee in order to implement the provisions of Article 73 e of the Charter and the Declaration and in order to advise the Committee on the implementation of the provisions under Article 73 b of the Charter on efforts to promote self-government in the British Virgin Islands, and encourages the administering Power to facilitate visiting and special missions to the Territory;

12. Also calls upon the administering Power to facilitate a visiting mission to the Territory, and requests the Chair of the Special Committee to take all the steps necessary to that end;

13. Reaffirms the responsibility of the administering Power under the Charter to promote the economic and social development and to preserve the cultural identity of the Territory, and requests the administering Power to take steps to enlist and make effective use of all possible assistance, on both a bilateral and a multilateral basis, in the strengthening of the economy of the Territory;

14. Takes into account the 2030 Agenda for Sustainable Development,[8] including the Sustainable Development Goals, stresses the importance of fostering the economic and social sustainable development of the Territory by promoting sustained, inclusive and equitable economic growth, creating greater opportunities for all, reducing inequalities, raising basic standards of living, fostering equitable social development and inclusion and promoting the integrated and sustainable management of natural resources and ecosystems that supports, inter alia, economic, social and human development, while facilitating ecosystem conservation, regeneration, restoration and resilience in the face of new and emerging challenges, and strongly urges the administering Power to refrain from undertaking any kind of illicit, harmful and unproductive activities, including the use of the Territory as an international financial centre, that are not aligned with the interest of the people of the Territory;

15. Requests the Territory and the administering Power to take all measures necessary to protect and conserve the environment of the Territory against any degradation, and once again requests the specialized agencies concerned to monitor environmental conditions in the Territory and to provide assistance to the Territory, consistent with their prevailing rules of procedure;

16. Reiterates its call upon the administering Power, the specialized agencies and other organizations of the United Nations system and regional organizations to provide all the necessary assistance to the Territory, support the recovery and rebuilding efforts and enhance capabilities for emergency preparedness and risk reduction, in particular in the aftermath of Hurricane Irma and Hurricane Maria that impacted the Territory in 2017;

17. Requests the Special Committee to continue to examine the question of the British Virgin Islands and to report thereon to the General Assembly at its seventy-eighth session and on the implementation of the present resolution.

52nd plenary meeting

12 December 2022

[1] Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 23 (A/77/23).

[2] A/AC.109/2022/4.

[3] Resolution 1514 (XV).

[4] A/56/61, annex.

[5] See resolution 75/123.

[6] Available at www.un.org/dppa/decolonization/en/c24/regional-seminars/2022.

[7] See A/AC.109/2019/4, para. 3.

[8] Resolution 70/1.

UN GENERAL ASSEMBLY ADOPTS US VIRGIN ISLANDS RESOLUTION

2023-02-12T02:22:00.001-04:00

UNITED NATIONS

RESOLUTION 77/147

US VIRGIN ISLANDS

Resolution adopted by the General Assembly

12th December 2022

EXCERPTS

The General Assembly,

Convinced that any negotiations to determine the status of the Territory must take place with the active involvement and participation of the people of the Territory, under the auspices of the United Nations, on a case-by-case basis, and that the views of the people of the United States Virgin Islands in respect of their right to self-determination should be ascertained,

.......

Aware of the importance both to the United States Virgin Islands and to the Special Committee of the participation of elected and appointed representatives of the United States Virgin Islands in the work of the Committee,

.......

Recognizing the need for the Special Committee to ensure that the appropriate bodies of the United Nations actively pursue a public awareness campaign aimed at assisting the people of the United States Virgin Islands with their inalienable right to self-determination and in gaining a better understanding of the options for self-determination, on a case-by-case basis,

......

1. Reaffirms the inalienable right of the people of the United States Virgin Islands to self-determination, in conformity with the Charter of the United Nations, and with General Assembly resolution 1514 (XV),

2. Also reaffirms that, in the process of decolonization of the United States Virgin Islands, there is no alternative to the principle of self-determination, which is also a fundamental human right, as recognized under the relevant human rights conventions;

3. Further reaffirms that it is ultimately for the people of the United States Virgin Islands to determine freely their future political status in accordance with the relevant provisions of the Charter, the Declaration and the relevant resolutions of the General Assembly, and in that connection calls upon the administering Power, in cooperation with the territorial Government and appropriate bodies of the United Nations system, to develop political education programmes for the Territory in order to foster an awareness among the people of their right to self-determination in conformity with the legitimate political status options, based on the principles clearly defined in Assembly resolution 1541 (XV) and other relevant resolutions and decisions;

......

12. Calls upon the administering Power to participate in and cooperate fully with the work of the Special Committee in order to implement the provisions of Article 73 e of the Charter and the Declaration and in order to advise the Committee on the implementation of the provisions under Article 73 b of the Charter on efforts to promote self-government in the United States Virgin Islands, and encourages the administering Power to facilitate visiting and special missions to the Territory.

U.S. TERRITORIAL VOTING RIGHTS AND POLITICAL INEQUALITY

2023-01-29T21:59:00.001-04:00

Statement of Dr. Carlyle Corbin

International Advisor on Governance

to a Briefing on of the Voting Rights in the U.S. Virgin Islands

U.S. Virgin Islands Advisory Committee

to the U.S. Commission on Civil Rights

January 23, 2023

At the outset, I wish to thank the U.S. Virgin Islands Advisory Committee to the U.S. Commission on Civil Rights for the kind invitation to participate in this discussion.

   The subject at hand is the particular question of territorial voting rights in the US political system. It is evident that this a function of the general question of the overall political inequality of our unincorporated territorial status.

   Following the end of WWII and the subsequent adoption of the United Nations Charter, such dependency arrangements as our own were to serve as preparatory to the full measure of self-government (Article 73) - not the embodiment of it. This may be why attempts at reforming or modernizing the territorial status through legal challenges and US Congressional legislation have not been successful to present day.

   Such dependency reform measures being proposed to the territorial status, as presidential and Congressional votes, delegate representation in the US Senate, de-legitimization of the Insular Cases, et al, would provide for, at best, a position of “lesser inequality” within the US political system. Even in the unlikelihood that any of these proposed measures would be adopted, the territories would not be elevated to the full measure of self-government (FMSG) required under international law.

If the proponents of these dependency reform measures take the position that the current political status of the US territories is that of political inequality requiring remediation, then we are in agreement. Where we may differ is how to address the inequivalence. I would suggest that the inequality is best remedied through the attainment of a permanent political status through a process of self-determination where options of full political equality would be considered. Self-determination is a fundamental human right which has yet to be exercised in the US Virgin Islands or other territories.

Only last December, the UN General Assembly adopted its annual resolution on the US Virgin Islands (Resolution 77/147) which called for public education programmes in the territory “to foster an awareness among the people of their right to self-determination in conformity with the legitimate political options” providing for full political equality. As always, the US joins in the consensus on the US Virgin Islands resolution even as we await full implementation of such a programme.

   The General Assembly also adopted last December a resolution calling for the countries which administer territories, like the US, to take all steps necessary to enable the people” of the US Virgin Islands and other territories “to exercise fully and as soon as possible their right to self-determination.” This international self-determination mandate applies directly to the US Virgin Islands even as it is not well known, and rarely referenced, or even misconstrued, in local discourse.

   This mandate is codified in Article 73 of the UN Charter, in particular Article 73(b) which requires the administering Power to advance the territory to the full measure of self-government, and Chapter XI, Article 73(e) which mandates the administering Power to report to the UN annually on developments in the territory. The US, as the US Virgin Islands’ administering Power, complies with Article 73(e) by submitting information to the UN. Regarding Article 73(b) on the advancement of our territory to the full measure of self-government, the compliance is not so evident as we remain a non-self-governing territory (NSGT) under international law without full political, economic or social rights.

   Territories such as Guam have taken the approach to select from one of the three options of political equality, namely US statehood, free association or independence. The adoption by the US House of Representatives of the Puerto Rico Status Act last December (2022) also endorsed these same three political status options. These political status alternatives are aligned with UN doctrine [UN Res.1541(XV)] and are cited in several White House Reports as the permanent options for Puerto Rico - and by extension, for the other US territories. Guam and Puerto Rico have followed this approach, and have removed the unincorporated territorial status from consideration because of the inherent inequalities of the status quo. Congress followed suit by consciously omitting the unincorporated territory status from the Puerto Rico Status Act.

   The attainment of any of these three genuine self-governing choices would, by definition, provide for equal voting rights. Accordingly, US statehood would yield full political, economic and social rights (and responsibilities) in the US political system, and could be achieved as a stand-alone state, or also as integration into an existing state. The other options of free association or independence, respectively, would provide for full rights within the political systems created under those alternatives.

   This process of self-determination is the route to address the existent political inequality of a system which has effectively reached its peak in terms of the political evolution of a polity – a system which was never meant to be permanent in any event, but rather intended to be transitional to a permanent political status. The problem comes when the temporary becomes indefinite.

   Unsurprisingly, the likelihood of success in remedying the specific political inequalities and democratic deficiencies of the present territorial status through various proposed reforms remains slim. Recent efforts mirror initiatives dating back over a half-century with similar results. Neither US Court decisions nor Congressional legislative proposals have yielded outcomes favouring political rights for territories - because full political rights in the US system inhere in states. Territories are not states.

   On this point, three challenges to the lack of presidential voting rights for US citizens in Puerto Rico between 1994 and 2004 were consistently denied, and determined not violative of the constitutional rights of those citizens. The consistent determination was – and remains - that such voting rights under Article 2 of the U.S. Constitution inhere not in citizens, but in states - absent the unlikelihood of a constitutional amendment as previously adopted for the District of Columbia.

   An earlier 1984 ruling of the US Court of Appeals for the Ninth Circuit resulted in a similar conclusion for Guam. A 2006 case in the U.S. District Court for the US Virgin Islands, upheld by the US Third Circuit Court of Appeals, confirmed that the US Constitution does not grant the right to vote for President and Vice President to individual citizens, but to “Electors” appointed by each state.

   In the 2020 analysis “America’s Territories: Equality and Autonomy,” eminent American legal scholar Howard Hills confirmed that “the U.S. Constitution itself allows fully equal representation in Congress and the Electoral College only for citizens of a state, making any remedy other than statehood less than equal” (emphasis added).

   On this particular question of territorial voting rights, the late U.S. First Circuit Court of Appeals Justice Juan Toruella in 2014 referred to the inherent “state of eternal inequality” including the “political impair(ment) of the territory(ies’) representation to the US House of Representatives.”

   In fact, the limitation of the territorial vote in the US House was confirmed as early as 1993 by U.S. District Court ruling which set a requirement for an automatic recount excluding the territorial representatives in the event that their votes had been “decisive.” These limitations were later reflected in a 2017 U.S. Congressional Research Service (CRS) report on the limitation of the authority of what was referred to as the “officers who represent territories and properties possessed or administered by the United States (emphasis added). Being referred to as possessed ‘properties elicits a particular reaction for a people whose ancestors suffered the crimes against humanity perpetuated under chattel slavery.

   There is a larger picture. Such dependency reforms that could unilaterally alter elements of the political status of the US territories, one way or another, are being pursued without the informed consent of the people of the territories. This is especially concerning in light of the potential implications of such initiatives. One such proposed measure is illustrative. If proposed federal legislation is adopted “to reject the Insular Cases and ‘their application to all present and future cases and controversies’, the basis for unincorporated territorial status would disappear. However, the territorial clause would still remain applicable.

   Would the US territories, then, become incorporated territories, by default, since the basis for unincorporated territorial status would have disappeared? Would US territories, then, be vulnerable to the application by Congress of the full corpus of the US Constitution - as has historically been the case for incorporated territories? Would this incorporation put the USTs on the road to statehood - without the formal concurrence of the people? Some analysts are asking these questions.

   Specifically for the US Virgin Islands, would there be unintended political, economic and social consequences of incorporated territorial status? - Loss of Jones Act exemption? - diversion of tax revenue to Washington? - Incorporation into the US Customs zone? I would suggest that the people should be made fully aware of any such unintended consequences of these dependency reform initiatives. Ironically, the Congress can unilaterally impose such measures, and more, under the plenary authority of the territorial clause of the US Constitution. Therein lies a particular irony that such measures are being pursued without a public discussion.

   Another proposed initiative affecting the US territory of American Samoa is also relevant. That territory’s political leadership continues to vehemently object to court challenges that would unilaterally confer an unwanted US citizenship on its people. Their concern is that this could have potential implications for their land rights and indigenous governance. American Samoa leaders from all political parties regard such efforts as violative of their right to self-determination since their status could be unilaterally changed by a US court decision.

   Overall, the clarification should be made as to the current relationship between US territories and the US. It is often routine to refer to the USTs as part of the US, when in effect, is it more accurate to refer to the territories as being owned by the US - as the ‘territorial clause’ of the US Constitution implies? It is instructive that the application of the territorial clause refers to “territory or other property belonging to the United States” (emphasis added).

   In this light, it is interesting that the French Constitution, the Netherlands Kingdom Charter, and the political and constitutional documents of other ‘democracies' (which also administer dependencies) clearly identify these respective territories by name in their governance documents. (Martinique, Guadeloupe, French Guiana, Aruba, Curacao, Sint Maarten, et al). It should speak volumes that the linkage between the US Constitution and the US territories is not by name, but rather tied to the Article of the US Constitution that deals with property.

   This is our political reality reflective of an anachronistic model of dependency governance that was never meant to be permanent, but preparatory to something permanent. Yet, in the absence of public discourse, the illusion prevails that there is legitimacy in the territorial status as a permanent, democratic form of governance worthy of modernization, and that it only needs to be reformed or modernized. A sustained dialogue on these issues is required.

   Perhaps a discussion on the general question of a permanent status for the US Virgin Islands might be held in future - unless the adoption of a territorial constitution through the recently-legislated Sixth Constitutional Convention would be perceived as the final step in our political evolution. It should be recognized, however, that just as a territory is not a state, a territorial constitution is not a state constitution. There is no territorial clause applicable to states.

CONCLUSION

   I conclude on the particular question of the right for the people of the US Virgin Islands and other US territories to vote in the US political system. This is not a question of a denial of civil rights, but rather a symptom of a political status which was not intended to provide such rights to non-states. Again, political rights inhere in states, not citizens, as clearly set forth in the US Constitution and re-confirmed in relevant US court decisions, and consistent Congressional refusal to legislate political rights for territories in the US system.

   I reiterate that full political rights can only be achieved through the evolution to a permanent political status through a process of self-determination - a fundamental human right, rather than a US civil right. This would yield a model of democratic governance devoid of the existent political, economic and social inequalities of the status of “territory or other property belonging to the United States.”

BONAIRE SELF-DETERMINATION DENIED - NEW BOOK BY JAMES FINIES

2020-11-28T20:56:00.004-04:00

The book, Self-determination Denied, has as its main objectives: to document and commemorate events that transpired between 2010 and 2020; inform about important decisions, situations and actions that led towards the illegal annexation of Bonaire; and document the consequences of the change of status imposed on Bonaire. It will further shine light, desecrate and encapsulate the persons, politicians, leaders, the players, their actions, and all that led to the betrayal and annexation of the Bonaire people on October 10, 2010 going forward to October 10, 2020.

The people of Bonaire never chose this change of status termed “public entity” and also referred to as “special municipality”. On the contrary, Bonereans used a referendum to express their overwhelming rejection of the imposed status under unequal rights in the Dutch Constitution.

The book will reveal the atrocities committed against our people, the social inequality, the oppression of our rights, and the suppression of our culture on Bonaire. Imposed laws, policies, regulations, and taxes rob our people of their natural food resources and inherited land and leave them destitute. Local Bonerians, now a shrunken and displaced population, have become a minority group on their own island in less than a decade.

Further the book, Bonaire Self-Determination Denied, will summarize Nos Ke Boneiru Back trajectory to re-list Bonaire back on the Non-Self-Governing-Territories list of the United Nations that started in 2016, when Mr. James Finies spoke as the first Antillean in the Special Committee on Decolonization. History has shown us that only international exposure can free our people and guarantee the right of self-determination to the whole Dutch colonies in the Caribbean; Sint Eustatius, Saba, Bonaire, Aruba, Curacao and Sint Maarten.

Click on the following link to watch the trailer-promo: https://youtu.be/dNoiZo_hNbY

INDEPENDENT SELF-GOVERNANCE ASSESSMENT ON BONAIRE

2020-11-23T16:26:00.000-04:00

BONAIRE FOUNDATION TO CELEBRATE 15 YEARS OF WORK

2020-11-20T17:22:00.000-04:00

2020-11-19T13:26:00.004-04:00

Antony Géros new president of the Superior Council of the FPC

Tahiti, November 16, 2020 - Antony Géros succeeds Benoit Kautai as President of the Higher Council for the Public Service of the Municipalities. The tāvana of Paea is elected against the mayor of Mahina, Damas Teuira, the candidate supported by the mayors in the Council.

Antony Géros, will be the president of the Superior Council of the Public Service of the Communes (CSFPC) until 2026. He succeeds Benoît Kautai who had been in office since 2014. The mayor of Paea, president of the sovereignist group Tavini Huiraatira at the assembly from French Polynesia, was elected Wednesday, November 4 against the city councilor of Mahina, Damas Teuira and despite the support given to the latter by the elected municipal officials represented within the CSFPC.

If for this election the candidacy Géros obtained the support of a strong majority of the members representing the trade unions with the exception of the three representatives of A Tia i mua, it above all received five precious votes among the 10 representatives of the municipalities, of open support for Damascus Teuira. Out of the 20 votes cast in this election, the new CSFPC president obtained 12 votes in his favor.

"Antony Géros is a municipal agent. He is the former secretary general of the town hall of Faa'a. He knows the problem of municipalities ", defends one of the representatives of the trade unions. " Unlike Damas Teuira, who was originally an official of the Country ."

The Superior Council of the Municipal Public Service is intended to be consulted for an opinion on all draft texts relating to the statute of the municipal public service and to the rules relating to the organization of this branch of the public service.

The next major project for the CSFPC is the cleaning of the January 2005 ordinance on the general status of civil servants in municipalities and groupings of municipalities in French Polynesia as well as their public administrative establishments. This text has been applicable since 2012. The opinion of the CSFPC on the grooming project submitted to it is expected next January at the latest.

Colonialism and Neo-colonialism in the Caribbean - An Overview

2020-11-16T13:27:00.001-04:00

Norman Girvan

Prepared For IV International Seminar Africa, The Caribbean And Latin America, St. Vincent And The Grenadines, 24th- 26th November, 2012

(FULL TEXT)

Introduction

The contemporary Caribbean1/ is one of the most politically fragmented regions for its size on earth; and one with the strongest remaining colonial presence. Political divisions and external control are major blocs to the consolidation of a Caribbean identity and the charting of an independent course of development in the interest of Caribbean peoples. They undermine the ‘fragmented nationalism’2/, and the pervasive epistemological dependency 3/ , that is characteristic of the regional consciousness. This situation is a direct consequence of the region’s five-century long history as area of rivalry among, and colonisation by, external powers.

Political decolonisation of Caribbean countries is incomplete; indeed it has come to a virtual standstill. Initiatives at regional cooperation and regional integration have made some progress; but face continuing challenges. Such progress as has been made result from the efforts of Caribbean people themselves; and are continuing. Rebellion, revolution, cultural affirmation and other forms of resistance are as integral to the Caribbean experience as are exploitation by external forces and internal elites.

The tradition of struggle serves to inspire, inform and motivate current generations. Slowly but surely, a pan-Caribbean consciousness is emerging, led by the vision of cultural practitioners; and containing the seeds of a future Caribbean nation.
________________________________________________________________

1/ In this paper we refer to ‘the Caribbean’ as constituting the archipelago which runs from the Bahamas to Trinidad and Tobago; plus Guyana, Suriname, French Guiana, Belize, and Bermuda.

2/ See Franklin W. Knight, The Caribbean: Genesis of a Fragmented Nationalism . Oxford University Press, 2011.

3/ See Brian Meeks and Norman Girvan (eds.) The Thought of New World: The Quest for Decolonisation. Ian Randle Publishers, 2009.

U.N. COMMITTEE SUPPORTS ASSISTANCE TO DEPENDENT TERRITORIES

2020-11-15T14:09:00.000-04:00

The United Nations (U.N.) Special Political and Decolonization Committee (Fourth Committee) has adopted its annual resolution in support of U.N. assistance to the remaining seventeen non self-governing territories. The resolution was adopted on 6th November by the specific General Assembly committee which deals with decolonization issues and is comprised of all 193 U.N. member States. The resolution is reproduced below:

_______________________________________________________

RESOLUTION ADOPTED BY U.N. FOURTH COMMITTEE

Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations

The General Assembly,

Having considered the item entitled “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations”,

Having also considered the report of the Secretary-General ^{^[1]} and the report of the Economic and Social Council^{^[2]} on the item,

Having examined the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples for 2020,^{^[3]}

Recalling its resolutions 1514 (XV) of 14 December 1960 and 1541 (XV) of 15 December 1960 and the resolutions of the Special Committee, as well as other relevant resolutions and decisions, including, in particular, Economic and Social Council resolutions 2018/18 of 3 July 2018 and 2019/27 of 23 July 2019,

Bearing in mind the relevant provisions of the final documents of the successive Conferences of Heads of State or Government of Non-Aligned Countries and of the resolutions adopted by the Assembly of Heads of State and Government of the African Union, the Pacific Islands Forum and the Caribbean Community,

Conscious of the need to facilitate the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in resolution 1514 (XV),

Noting that the large majority of the remaining Non-Self-Governing Territories are small island Territories,

Welcoming the assistance extended to Non-Self-Governing Territories by certain specialized agencies and other organizations of the United Nations system,

Welcoming also the participation in the capacity of observers of those Non-Self-Governing Territories that are associate members of regional commissions in the world conferences in the economic and social spheres, subject to the rules of procedure of the General Assembly and in accordance with relevant resolutions and decisions of the United Nations, including resolutions and decisions of the Assembly and the Special Committee on specific Territories,

Noting that only some specialized agencies and other organizations of the United Nations system have been involved in providing assistance to Non-Self-Governing Territories,

Stressing that, because the development options of the small island Non-Self-Governing Territories are limited, there are special challenges to planning for and implementing sustainable development and that those Territories will be constrained in meeting those challenges without the continuing cooperation and assistance of the specialized agencies and other organizations of the United Nations system,

Stressing also the importance of securing the resources necessary for funding expanded programmes of assistance for the peoples concerned and the need to enlist the support of all major funding institutions within the United Nations system in that regard,

Reaffirming the mandates of the specialized agencies and other organizations of the United Nations system to take all appropriate measures, within their respective responsibilities, to ensure the full implementation of General Assembly resolution 1514 (XV) and other relevant resolutions,

Expressing its appreciation to the African Union, the Pacific Islands Forum, the Caribbean Community and other regional organizations for the continued cooperation and assistance that they have extended to the specialized agencies and other organizations of the United Nations system in this regard,

Expressing its conviction that closer contacts and consultations between and among the specialized agencies and other organizations of the United Nations system and regional organizations help to facilitate the effective formulation of programmes of assistance to the peoples concerned,

Mindful of the imperative need to keep under continuous review the activities of the specialized agencies and other organizations of the United Nations system in the implementation of the various resolutions and decisions of the United Nations relating to decolonization,

Bearing in mind the extremely fragile economies of the small island Non-Self-Governing Territories and their vulnerability to natural disasters, such as hurricanes, cyclones and sea level rise, and recalling the relevant resolutions of the General Assembly,

Recalling its resolution 74/95 of 13 December 2019 on the implementation of the Declaration by the specialized agencies and the international institutions associated with the United Nations,

Recalling also its resolutions 74/270 of 2 April 2020, entitled “Global solidarity to fight the coronavirus disease 2019 (COVID-19)”, and 74/274 of 20 April 2020, entitled “International cooperation to ensure global access to medicines, vaccines and medical equipment to face COVID-19”,

1. Takes note of the report of the Secretary-General;¹

2. Recommends that all States intensify their efforts through the specialized agencies and other organizations of the United Nations system of which they are members to ensure the full and effective implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV), and other relevant resolutions of the United Nations;

3. Reaffirms that the specialized agencies and other organizations and institutions of the United Nations system should continue to be guided by the relevant resolutions of the United Nations in their efforts to contribute to the implementation of the Declaration and all other relevant resolutions of the General Assembly;

4. Also reaffirms that the recognition by the General Assembly, the Security Council and other United Nations organs of the legitimacy of the aspirations of the peoples of the Non-Self-Governing Territories to exercise their right to self-determination entails, as a corollary, the extension of all appropriate assistance to those peoples;

5. Expresses its appreciation to those specialized agencies and other organizations of the United Nations system that have continued to cooperate with the United Nations and the regional and subregional organizations in the implementation of General Assembly resolution 1514 (XV) and other relevant resolutions of the United Nations, and requests all the specialized agencies and other organizations of the United Nations system to implement the relevant provisions of those resolutions;

6. Requests the specialized agencies and other organizations of the United Nations system to intensify their engagement with the work of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples as an important element for the implementation of General Assembly resolution 1514 (XV), including participation in the regional seminars on decolonization, upon the invitation of the Special Committee;

7. Requests the specialized agencies and other organizations of the United Nations system and international and regional organizations to examine and review conditions in each Territory so as to take appropriate measures to accelerate progress in the economic and social sectors of the Territories;

8. Urges those specialized agencies and other organizations of the United Nations system that have not yet provided assistance to Non-Self-Governing Territories to do so as soon as possible;

9. Requests the specialized agencies and other organizations and institutions of the United Nations system and regional organizations to strengthen existing measures of support and formulate appropriate programmes of assistance for the remaining Non-Self-Governing Territories, within the framework of their respective mandates, in order to accelerate progress in the economic and social sectors of those Territories;

10. Requests the specialized agencies and other organizations of the United Nations system concerned to provide information on:

(a) Environmental problems facing the Non-Self-Governing Territories;

(b) The impact of natural disasters, such as hurricanes and volcanic eruptions, and other environmental problems, such as beach and coastal erosion and droughts, on those Territories;

(c) Ways and means to assist the Territories to fight drug trafficking, money-laundering and other illegal and criminal activities;

(d) Illegal exploitation of the marine and other natural resources of the Territories and the need to utilize those resources for the benefit of the peoples of the Territories;

11. Recommends that the executive heads of the specialized agencies and other organizations of the United Nations system formulate, with the active cooperation of the regional organizations concerned, concrete proposals for the full implementation of the relevant resolutions of the United Nations and submit the proposals to their governing and legislative organs;

12. Also recommends that the specialized agencies and other organizations of the United Nations system continue to review at the regular meetings of their governing bodies the implementation of General Assembly resolution 1514 (XV) and other relevant resolutions of the United Nations;

13. Recalls the adoption by the Economic Commission for Latin America and the Caribbean of its resolution 574 (XXVII) of 16 May 1998,^{^[4]} calling for the necessary mechanisms for its associate members, including Non-Self-Governing Territories, to participate in the special sessions of the General Assembly, subject to the rules of procedure of the Assembly, to review and assess the implementation of the plans of action of those United Nations world conferences in which the Territories originally participated in the capacity of observer, and in the work of the Economic and Social Council and its subsidiary bodies;

14. Requests the Chair of the Special Committee to deepen cooperation with the President of the Economic and Social Council on the identical agenda items of both bodies on assistance to the Non-Self-Governing Territories, through regular consultations, in accordance with relevant resolutions on decolonization;

15. Recalls the publication by the Department of Public Information and the Department of Political Affairs of the Secretariat, in consultation with United Nations agencies, funds and programmes and the Special Committee, of an information leaflet on assistance programmes available to the Non-Self-Governing Territories, which was updated for the United Nations website on decolonization, and requests its continued updating and wide dissemination;

16. Welcomes the continuing efforts made by the United Nations Development Programme in maintaining close liaison among the specialized agencies and other organizations of the United Nations system, including the Economic Commission for Latin America and the Caribbean and the Economic and Social Commission for Asia and the Pacific, and in providing assistance to the peoples of the Non-Self-Governing Territories;

17. Encourages the Non-Self-Governing Territories to take steps to establish and/or strengthen disaster preparedness and management institutions and policies, inter alia, with the assistance of the relevant specialized agencies;

18. Requests the administering Powers concerned to facilitate, when appropriate, the participation of appointed and elected representatives of Non-Self-Governing Territories in the relevant meetings and conferences of the specialized agencies and other organizations of the United Nations system, in accordance with relevant resolutions and decisions of the United Nations, including resolutions and decisions of the General Assembly and the Special Committee on specific Territories, so that the Territories may benefit from the related activities of those agencies and organizations;

19. Recommends that all Governments intensify their efforts through the specialized agencies and other organizations of the United Nations system of which they are members to accord priority to the question of providing assistance to the peoples of the Non-Self-Governing Territories;

20. Requests the Secretary-General to continue to assist the specialized agencies and other organizations of the United Nations system in working out appropriate measures for implementing the relevant resolutions of the United Nations and to prepare for submission to the relevant bodies, with the assistance of those agencies and organizations, a report on the action taken in implementation of the relevant resolutions, including the present resolution, since the circulation of his previous report;

21. Commends the Economic and Social Council for its debate on this question, and requests it to continue to consider and intensify its cooperation with the Special Committee, with the aim of developing appropriate measures for the further coordination of the policies and activities of the specialized agencies and other organizations of the United Nations system in implementing the relevant resolutions of the General Assembly;

22. Requests the specialized agencies to report annually to the Secretary-General on the implementation of the present resolution;

23. Requests the Secretary-General to transmit the present resolution to the governing bodies of the appropriate specialized agencies and international institutions associated with the United Nations so that those bodies may take the measures necessary to implement it, and also requests the Secretary-General to report to the General Assembly at its seventy-fifth session on the implementation of the present resolution;

24. Requests the Special Committee to continue to examine the question and to report thereon to the General Assembly at its seventy-sixth session.

[1] A/75/73.

[2] E/2020/52/Rev.1.

[3] Official Records of the General Assembly, Seventy-fifth Session, Supplement No. 23 (A/75/23).

[4] See Official Records of the Economic and Social Council, 1998, Supplement No. 21 (E/1998/41), sect. III.G.

U.N. Fourth Committee Approves 23 Texts on Decolonization

2020-11-13T12:11:00.000-04:00

MEETINGS COVERAGE

GA/SPD/725

6 NOVEMBER 2020

GENERAL ASSEMBLY
- FOURTH COMMITTEE

SEVENTY-FIFTH SESSION, 10TH MEETING (PM)

Fourth Committee Approves 23 Texts on Decolonization, as It Concludes Main Part of Seventy-Fifth General Assembly Session

Chair Notes High Output Despite Constraints Imposed by COVID-19 Pandemic, Highlighting ‘Exceptional’ Joint General Debate

The Fourth Committee (Special Political and Decolonization) approved 22 draft resolutions and one draft decision concerning decolonization today, as it completed its work for the main part of the General Assembly’s seventy-fifth session.

At the outset, the Committee approved the a text titled “Information from Non‑Self‑Governing Territories transmitted under Article 73 e of the Charter of the United Nations” by a recorded vote of 163 in favour to 2 against (Israel, United States), with 2 abstentions (France, United Kingdom).

By its terms, the General Assembly requests that administering Powers transmit or continue to regularly transmit to the Secretary‑General statistical and other technical information relating to the economic, social and educational conditions in the Territories within a maximum period of six months following the expiration of the administrative year.

The Committee then approved the draft resolution “Economic and other activities which affect the interests of the peoples of the Non‑Self‑Governing Territories” by a recorded 162 votes in favour to 2 against (Israel, United States), with 3 abstentions (El Salvador, France, United Kingdom).

By that text, the Assembly reaffirms its deep concern at the number and scale of natural disasters in the course of 2017 and their devastating impact on Caribbean Non‑Self‑Governing Territories. The Assembly also expresses concern about activities aimed at exploiting the natural and human resources of the Non‑Self‑Governing Territories to the detriment of their inhabitants.

Further by that text, the Assembly calls upon administering Powers to ensure that the exploitation of marine and other natural resources in the Non‑Self‑Governing Territories neither violates relevant United Nations resolutions nor adversely affects the interests of the Territories’ peoples. It also calls upon those Powers to provide all necessary assistance to those in the Territories affected by hurricanes in order to alleviate humanitarian needs, support recovery and rebuilding efforts, and enhance emergency preparedness and risk reduction capabilities.

The Committee also approved — by a recorded vote of 115 in favour to 2 against (Israel, United States), with 52 abstentions — the draft “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations”.

By that text, the Assembly recommends that all States intensify their efforts to ensure full and effective implementation of the Declaration through specialized agencies and other entities of the United Nations system. It also urges those that have not yet provided assistance to Non-Self‑Governing Territories to do so as soon as possible.

Taking up the draft “Dissemination of Information on Decolonization draft resolution XVIII” (document A/75/23, chapter V, p.100), the Committee approved it by a recorded vote of 168 in favour, 2 against (Israel, United States) with 1 abstention (France).

By its terms, the General Assembly requests that the Department of Global Communications continue its efforts to update web-based information on the assistance programmes available to the Non-Self-Governing Territories. It also requests that the Department, and the Department of Political and Peacebuilding Affairs, implement the recommendations of the Special Committee on Decolonization.

The Committee then turned to the draft “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples” (document A/75/23, chapter V, p.102), by which the General Assembly calls upon administering Powers to cooperate fully with the Special Committee to develop and finalize a constructive programme of work for the Non-Self-Governing Territories to facilitate implementation of the Special Committee’s mandate as well as relevant resolutions.

Moreover, the text calls upon administering Powers to ensure that economic and other activities in the Territories do not adversely affect the interests of their peoples but instead promote development. It also calls upon the administering Powers to terminate military activities and eliminate military bases in the Territories. The Committee approved the text by a recorded 126 votes in favour to 3 against (Israel, United Kingdom, United States), with 42 abstentions.

The Committee then turned to the draft resolution “Fourth International Decade for the Eradication of Colonialism: draft resolution XX” (document A/75/23, chapter V, p.106), by which the General Assembly declares the period 2021–2030 the Fourth International Decade for the Eradication of Colonialism. As such, the Assembly calls upon Member States to intensify their efforts to implement the plan of action for the Second International Decade for the Eradication of Colonialism. It calls upon the administering Powers to cooperate fully with the Special Committee to develop a constructive programme of work for the Non-Self-Governing Territories to facilitate implementation of its mandate. The Committee approved the text by a recorded vote of 147 in favour to 3 against (Israel, United States), with 22 abstentions.

It went on to approve several other texts without a vote, including “Offers by Member States of study and training facilities for inhabitants of Non-Self-Governing Territories” (document A/C.4/75/L.2), by which the General Assembly urges administering Powers to take effective measures to ensure widespread and continuous dissemination of State-offered study and training facilities information in Territories and provide all facilities necessary to enable students to avail themselves of such offers.

Acting again without a vote, the Committee approved drafts on the following individual Non‑Self‑Governing Territories: American Samoa, Anguilla, Bermuda, British Virgin Islands, Cayman Islands, French Polynesia, Guam, Montserrat, New Caledonia, Pitcairn, Saint Helena, Tokelau, Turks and Caicos Islands, and the United States Virgin Islands.

The Committee went on to approve, without a vote, a draft resolution and a draft decision on the questions of Western Sahara and Gibraltar, respectively.

Finally, the Committee a draft decision on its programme of work for the seventy-sixth session without a vote.

In concluding remarks, Committee Chair Collen Vixen Kelapile (Botswana) noted that it approved 34 draft resolutions and three draft decisions despite constraints imposed by the COVID-19 pandemic. On an exceptional basis, the Committee held a joint general debate on all 11 substantive agenda items before it, which heard 135 statements delivered in 10 formal meetings and two virtual informal meetings.

Delivering statements in explanation of position were representatives of the United States, United Kingdom, Argentina, Germany, Australia, Armenia and Spain.

Speaking in exercise of the right of reply was the representative of Azerbaijan.

U.N. FOURTH COMMITTEE APPROVES FOURTH INTERNATIONAL DECADE TO END CONTEMPORARY COLONIALISM

2020-11-12T14:43:00.005-04:00

The United Nations (U.N.) Special Political and Decolonization Committee (Fourth Committee) adopted the recommendation of the Special Committee on Decolonization to convene the Fourth International Decade for the Eradication of Colonialism (IDEC). The decision was made on 6th November 2020 at a meeting of the Fourth Committee at U.N. Headquarters in New York. Below is the text of the resolution which will be considered for final adoption by the full General Assembly in December.

Fourth International Decade for the Eradication of Colonialism

The General Assembly,

Recalling that 2020 marks the sixtieth anniversary of the Declaration on the Granting of Independence to Colonial Countries and Peoples,[1]

Recalling also its resolution 43/47 of 22 November 1988, by which it declared the period 1990–2000 the International Decade for the Eradication of Colonialism, resolution 55/146 of 8 December 2000, by which it declared the period 2001–2010 the Second International Decade for the Eradication of Colonialism, and resolution 65/119 of 10 December 2010, by which it declared the period 2011–2020 the Third International Decade for the Eradication of Colonialism,

Bearing in mind the recommendations contained in the Final Document of the Eighteenth Summit of Heads of State or Government of Non-Aligned Countries, held in Baku on 25 and 26 October 2019,[2] including the renewal of the call to States Members of the United Nations to speed up the process of decolonization towards the complete elimination of colonialism, including by supporting the work and activities of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and the effective implementation of the plan of action,[3]

Recalling its resolution 74/113 of 13 December 2019, in which it recognized that the eradication of colonialism has been one of the priorities of the United Nations and continued to be one of its priorities for the decade that began in 2011, and reaffirmed its determination to continue to take all steps necessary to bring about the complete and speedy eradication of colonialism,

Guided by the fundamental and universal principles enshrined in the Charter of the United Nations, the Universal Declaration of Human Rights[4] and the International Covenant on Civil and Political Rights,[5]

Having examined the relevant reports of the Secretary-General concerning the implementation of the plans of action for the International Decades,[6]

Taking into account the important contribution of the United Nations in the field of decolonization, in particular through the Special Committee,

1. Declares the period 2021–2030 the Fourth International Decade for the Eradication of Colonialism;

2. Calls upon Member States to intensify their efforts to continue to implement the plan of action for the Second International Decade for the Eradication of Colonialism[7] and to cooperate 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 in updating it as necessary, with a view to using it as the basis for a plan of action for the Fourth International Decade;

3. Calls upon the administering Powers to cooperate fully with the Special Committee to develop a constructive programme of work on a case-by-case basis for the Non-Self-Governing Territories to facilitate the implementation of the mandate of the Special Committee and the relevant resolutions of the United Nations on decolonization, including resolutions on specific Territories;

4. Invites Member States, the specialized agencies and other organizations of the United Nations system, and other governmental and non-governmental organizations, actively to support and participate in the implementation of the plan of action during the Fourth International Decade;

5. Requests the Secretary-General to provide the resources necessary for the successful implementation of the plan of action;

6. Also requests the Secretary-General to report to the General Assembly at its eightieth and eighty-fifth sessions on the implementation of the present resolution.

[1] Resolution 1514 (XV).

[2] See A/74/548, annex.

[3] Ibid., paras. 87.1 and 87.5.

[4] Resolution 217 A (III).

[5] See resolution 2200 A (XXI), annex.

[6] A/44/800, A/45/624, A/46/593, A/46/593/Add.1, A/46/634/Rev.1, A/46/634/Rev.1/Corr.1, A/54/219, A/55/497, A/56/61, A/60/71, A/60/71/Add.1, A/64/70, A/65/330, A/65/330/Add.1, A/70/73, A/70/73/Add.1 and A/75/220.

[7] A/56/61, annex.

VIRGIN ISLANDER WINS ANIMATION AWARD AT GHANA FILM FESTIVAL

2020-10-13T20:24:00.000-04:00

Virgin Islander Verna M. Corbin has been awarded the excellence in animation award by the Black Star International Film Festival for her animated short film “Jumbie Kids.” The annual event was held in Accra, Ghana, and brought together filmmakers from across Africa and its diaspora including Haiti, the Virgin Islands and other Caribbean countries.

Ms. Corbin is a graduate of St. Patrick’s School in Frederiksted, and attended St. Joseph High School before finishing here secondary studies in the U.S. She is a graduate of the Kansas City Art Institute with a BFA in Animation, and is currently pursuing a Master’s Degree in Screenwriting at the National University in California.

The film “Jumbie Kids” depicts two Virgin Islands children who encounter a mischievous Moko Jumbie spirit, and was produced, according to Corbin, “as a love letter to my home of St. Croix, and the culture and sense of humor I grew up with.” She explained:

“My middle school years were dotted with scary stories I would overhear from my classmates or older neighbors. All of these stories involve jumbles coming out at night and scaring unsuspecting people in scary yet hilarious ways. I found that with each story, the interpretations of the spirits differed from each other. Some jumbies would shape shift, some would be 12-feet tall. With this animation, I fused many of the visuals I’ve seen/heard or imagined and interpreted them into a spirit with its own personality.”

Corbin intends to expand the “Jumbie Kids” film into a web-series in conjunction with other ongoing animated film and illustrated projects she is currently pursuing.

Black Star International film festival is a non-profit festival in Ghana founded by Juliet Asante in 2015. It is a festival celebrated annually to bridge the gap between African movie cinema and the global community of movie makers, and focuses on the business aspect of film making.

For further information:

vcorbinart@gmail.com

https://vern-art.tumblr.com/

COLLECTIVITY OF SAINT MARTIN ELECTS FIRST WOMAN SENATOR

2020-09-27T20:12:00.004-04:00

SMN-N

Saint Martin News Network

Annick Petrus Ferga Sénatrice- elect of St. Martin.

Sénatrice elect Annick Petrus Ferga.

MARIGOT: --- Third Vice President of the Collectivity of St. Martin Annick Petrus Petrus Ferga have been elected sénatrice of St. Martin on Sunday. The Senate election was held on Sunday morning at the Prefecture of St. Martin. Contesting the elections were outgoing senator Guillaume Arnell and Marthe Ogundele Tessi.
Petrus- Ferga is part of the majority of Team Gibbs. While it was expected that the Senate election would have been a landslide for Petrus Ferga in the first round. However, a second-round was necessary since there was not an outright winner. Petrus is the first female to be elected Senator of St. Martin.

At 3 pm when at the 3rd round Annick Petrus Ferga scored 15 of the 24 votes, Marthe Ogundele Tessi scored 5 votes while outgoing senator Guillaume Arnell scored 2, while there were two blanks.

Petrus said that she was confident from the inception because her team is committed. However, Marthe Ogundele Tessi sounded bitter because in the first round she scored more votes than Petrus. Ogundele Tessi said that the people of St. Martin opted to vote for a Guadeloupean instead of voting for a St. Martiner. When she asked to clarify her statements Ogundele said that Petrus was born in Pointe a Pitre.

Clearly, Ogundele took her defeat personally not taking into consideration that Annick Petrus Ferga served St. Martin in different capacities, first as a school teacher then a school directrice prior to entering into politics.
Outgoing Senator Guillaume Arnell thanked everyone for their support during the 6 years he held the office of the senator in Paris representing St. Martin.

U.N. General Assembly - Indigenous Languages Face Extinction

2019-12-19T03:10:00.000-04:00

GENERAL ASSEMBLY
PLENARY
SEVENTY-FOURTH SESSION

HIGH-LEVEL EVENT ON INDIGENOUS LANGUAGES

Indigenous Languages Face Extinction Without Concrete Action to Protect Them, Speakers Warn General Assembly, as International Year Concludes

Two Vanish Each Month, President Says, Urging Focus on Survival of Remaining Ones Rather than Assigning Blame Indigenous languages are in danger of extinction unless concrete measures are taken to protect them, speakers warned today, as the General Assembly convened a high‑level event marking the conclusion of the 2019 International Year of Indigenous Languages.

Perry Bellegarde, National Chief of the Assembly of First Nations, said that to prevent the extinction of indigenous languages, speaking them must be normalized and promoted. Citing several benefits of doing so, he said the languages express the wisdom, world view and laws of ancestors, and teach how people can live in balance with Earth, which will be vital in facing future ecological challenges.

Tijjani Muhammad‑Bande (Nigeria), President of the General Assembly, cautioned that every two weeks, at least one indigenous language vanishes, leading to two language extinctions each month. At the same time, the United Nations Declaration on the Rights of Indigenous Peoples calls on States to take concrete measures to preserve them and combat discrimination against them through related effective policies. Rather than look for who to blame, he urged, the world should focus on measures to ensure the survival of remaining ones.

Liu Zhemin, Under-Secretary-General for Economic and Social Affairs, warned that with every time a language disappears, the world loses a wealth of traditional knowledge. Mr. Zhemin, who also serves as the Senior Official of the United Nations System to Coordinate Follow Up to the World Conference on Indigenous Peoples, called for their political, economic and social empowerment, given that they face continued marginalization and the expropriation of their lands. Further, the 2020 World Population and Housing Census must ask about regular home use of indigenous languages, not just what languages are spoken.

Yalitza Aparicio, the United Nations Educational, Scientific and Cultural Organization (UNESCO) Goodwill Ambassador for Indigenous Peoples, recalled her own experience growing up in Mexico, where her parents taught her Spanish, but not their indigenous mother tongue. “We are not different or strange beings the way we are often made to feel when we are stared at because of our colourful clothes, or the colour of our dark skin and our physical characteristics, or for the language we speak, which are codes of our history,” she said.

Anne Nuorgam (Finland), Chair of the Permanent Forum on Indigenous Issues, called upon Member States to formulate evidence‑based policies, long‑term strategies and regulatory frameworks to ensure the protection and revitalization of these languages. Indeed, expanding the use of their languages allows them to have better access to services, such as health care or legal proceedings. Meanwhile, language barriers make indigenous peoples vulnerable to actions by others that threaten their land, natural resources, cultures, sacred sites or economic livelihoods.

Marie‑Paule Roudil, Director of the UNESCO New York Liaison Office, highlighted the achievements of the International Year, noting that more than 900 events were held, bringing together key players, and distributing training materials on how to preserve, protect and promote indigenous languages. Describing indigenous peoples as guardians of knowledge, she said that knowledge can only be conveyed and transmitted through one vehicle — language. “Protection and promotion of indigenous languages is our common responsibility,” she declared.

During the day, the Assembly held a plenary segment, hearing statements from Member States, observers and representatives of indigenous peoples from the seven sociocultural regions and United Nations entities.

In closing remarks this afternoon, Grand Chief Wilton Littlechild, Co‑Chair of the Steering Committee of the 2019 International Year of Indigenous Languages, welcomed the decision to proclaim a Decade for Indigenous Languages. “Let us work on a positive and assertive plan of action,” he said, adding: “Starting now, no more indigenous languages will die.” They are living and the value they add to the beauty and rich diversity of humankind can only make the world better. By 2032, there will be at minimum a doubling in the language fluency among indigenous language speakers. Many interventions must work together as one to ensure that indigenous languages are not subject to further gaps or marginalization, and must be accomplished by joining efforts outlined in the objectives set out in the 2030 Agenda for Sustainable Development.

Craig Ritchie, also Co‑Chair of the Steering Committee, said language matters to people on a personal and individual level. “They also matter to us as nations,” he said, noting that the International Year was a chance to highlight the damage done when language is lost. “We look back on a year of tremendous success and celebration. We are still here, and our voices are being heard.” While this year of recognizing that all people gain when indigenous languages are preserved and revitalized, he said, despite the progress, much work remains to be done.

Assembly President Mr. Muhammad‑Bande said, in his closing remarks, that indigenous peoples and their languages are an integral part of the global identity. “There is no doubt that the protection of linguistic diversity and multilingualism is crucial for peaceful co‑existence, good governance and sustainable development within and across countries,” he said, calling on Governments to redouble their efforts to include the use of indigenous languages in public life, and to provide the resources needed to make this happen.

Also speaking were: Kristen Carpenter, Chairperson of the Expert Mechanism on the Rights of Indigenous Peoples; Ali Keskitalo, Co‑Chair and Steering Committee Representative of the Indigenous Peoples in the Arctic; and Juan Fernando Velasco Torres, Minister for Culture and Heritage of Ecuador and Co-Chair of the Steering Committee of the 2019 International Year of Indigenous Languages.

BONAIRE NGO BEGINS HUMAN RIGHTS INFORMATION CAMPAIGN

2019-08-12T19:15:00.001-04:00

Nos Ke Boneiru Bek, due to escalating discrimination and lack of respect by the new Dutch immigrants for the humble Bonerians, has recently launched an awareness and information campaign to protect Bonaire as we are a nation with its own culture, language, and our own way of life.

One of our main objective with this campaign is to expose and bring to light cases of injustice to the people of Bonaire committed by individuals, organizations, the local and Dutch government and their governmental institutions of abusive discriminatory actions, policies, laws and governmental corruption that are violating the fundamental civil, economic, social, political and cultural rights of our peoples.

In our struggle to raise awareness by publicizing factual information on violations of aforementioned rights, NKBB was approached by Mr Rene Lauffer, former president-director of Oil Trading Bonaire, that recently denounced and exposed governmental corruption-scandal in the energetic sector. Mr Lauffer recognizes NKBB efforts to protect the rights of the Bonerians peoples and volunteered to share in our upcoming campaign series with valuable factual information based on his experience and expertise in this main socio-economic sector.

Mr Rene Lauffer (l), former president-director of OTB, join forces with NKBB

to fight injustice and violation of fundamental rights of the Bonerian people.

Mr. Lauffer :

- The stage is set and is very clear that the Dutch policy together with the local government is directed to eliminate the Oil Trading Bonaire.

- The consequences hereof will result in another mayor loss of possibilities and potential income for the local government that would amount to two (2) or three (3) times more than the “vrije uitkering”.

- Another mayor economic risk factor is that the strategic and secure fuel supply will never become same, equal as in Holland in Europe. But what most Bonerians, especially the majority of the peoples below the poverty line, are experiencing a continues raise in all fuel-related-economic and food consumer prices and especially WEB tariffs.

- By elimination of OTB the Bonaire peoples will lose the possibility of alleviation of lowered and reduced WEB bills as much of $.100 (one hundred U$) - to $150 (one hundred-fifty U$) every month.

Mr Lauffer voiced he will be committed to bring awareness in upcoming information series because “his love for Bonaire and the peoples” and that the “fast pace of the developments are not in the interest of Bonaire and its peoples”, although not being a whistle-blower, but made so by this local government corruption-scandal, his future on Bonaire is minimized. Mr Lauffer is committed however to leave valuable information behind for the future generations.

U.N. IMPLEMENTATION OF DECOLONIZATION MANDATE KEY TO GENUINE SELF-DETERMINATION FOR MA'OHI NUI / FRENCH POLYNESIA

2019-08-12T19:00:00.000-04:00

Statement to Special Committee on Decolonization (C24)

Ms. Tiare-Maohi TAIRUA

President of the Association Union Chrétienne des Jeunes Gens

United Nations, New York, N.Y.

27th June 2019

Madam Chair,

Distinguished Members of the Special Committee,

Independent expert analyses as the Blue Ocean Report on the French control of natural resources of French Polynesia as a violation of international law, the 2014 Independent Report on "The French Nuclear Testing in Ma’ohi-Nui/French Polynesia," the 2013 independent "Self-Governance Assessment on Ma’ohi-Nui/French Polynesia (already acknowledged by the General Assembly), and others could prove highly useful in informing the C24 and other relevant U.N. bodies of the challenges faced by the territories amid the insufficient implementation of the decolonization mandate in relation to French Polynesia and other territories similarly situated.

Such independent analysis separates the facts from the political "spin" designed to lend an unwarranted legitimacy to contemporary dependency governance models such as the illusory autonomy administratively exercised by Ma’ohi-Nui/French Polynesia proxies.

The overall lack of implementation of actions contained in decolonization resolutions since the beginning of the first International Decade for the Eradication of Colonialism in 1990 is disturbing, and brings into serious question the extent of political will for the U.N. to carry out its mandate to bring an end to contemporary colonialism.

It is, therefore, not surprising that there has been limited progress in achieving the goals of genuine decolonization, as opposed to mere colonial reform and modernization through attempts to justify contemporary colonialism. As one global decolonization expert observed before this committee in 2018:

"This lack of implementation of actions mandated by the General Assembly can have the effect of relegating the debate to an exchange of differing opinions between those who recognize the true nature of contemporary colonialism, and those who have made an accommodation with it, irrespective of its democratic deficiencies. But this is not supposed to be about opinion. Rather, it is about providing member States with the opportunity for in-depth examination of the extent of genuine self-government in these territories on the basis of the requisite criteria of full political equality."

Implementation of the mandate is the fundamental challenge, and continues to be the major stumbling block as we reach the end of the third International Decade for the Eradication of Colonialism. The re-inscription of Ma’ohi-Nui/French Polynesia on the U.N. list of non self-governing territories in 2013 was a historic moment, achieved with great expectations that the U.N. would live up to its promise.

We remain optimistic that a genuine process of implementation of these mandates will be enacted with the renewed energy and political will to advance our territory to the full measure of self-government with equal rights and justice.

Thank You, Madam Chair.

FRANCE VIOLATES INTERNATIONAL LAW BY USURPING NATURAL RESOURCES OF MA'OHI NUI / FRENCH POLYNESIA

2019-08-12T18:59:00.000-04:00

Statement to Special Committee on Decolonization
Reverend François Pihaatae

Coordinator of Moruroa E Tatou Association

United Nations, New York, N.Y.

28th June 2019

Madam Chair,

Distinguished Members of the Special Committee,

We acknowledge with appreciation the progressive recognition by the General Assembly of the "inalienable right of the people of French Polynesia to the ownership, control and disposal of their natural resources, including marine resources and undersea minerals" beginning with Resolution 71/120 of 6 December 2016, and most recently by Resolution
(73/112) of 7 December 2018 which "urges the administering Power to ensure this permanent sovereignty pursuant to relevant resolutions of the General Assembly.

In this connection, it is to be noted that the annual resolution on the Implementation of the Decolonization Declaration applicable to all territories including Ma’ohi-Nui/French Polynesia consistently "urges the administering Powers to take effective measures to safeguard and guarantee the inalienable rights of the peoples of the Non Self-Governing Territories to their natural resources, and to establish and maintain control over the future development of those resources...".

The willful absence of the administering Power in participating in the work of this committee on the "Question of Ma’ohi-Nui/French Polynesia," in violation of the U.N. Charter, precludes the opportunity to assess their level of compliance with international law - or lack thereof - that clearly confirms that the ownership of these resources lies with the people of the territories.

Despite this clear "rule of law on natural resources," we continue to advise that the administering Power has kept full control and sovereignty over our natural resources in violation of international law.

These violations of the administering Power were examined in depth in the 2019 report “Enduring Colonization: How France’s Continuing Control of French Polynesian ResourcesViolates the International Law of Self-Determination,” published by Blue Ocean Law, the Pacific Network on Globalisation, and the International Justice and Human Rights Clinic at Allard Law School, University of British Columbia.

Some of the key findings of the analysis are particularly poignant:

● France’s continued control over and interference with the islands’ resources

works to disenfranchise the people of Ma’ohi-Nui/French Polynesia, violating their fundamental right to self-determination, particularly their right to freely determine their own economic, social, and cultural development.

● In its recent efforts to develop seabed mining programs in the region, France continually asserts sovereignty over Ma’ohi-Nui waters. At the same time, it has failed to consult
with – let alone obtain the consent of – indigenous, coastal, and local communities within Ma’ohi-Nui/French Polynesia, who are most likely to be affected by this new extractive activity.

● The failure to clean up or otherwise remedy damage done by France’s 30 year nuclear testing program in the islands constitutes another violation of Ma’ohi-Nui people’s right to benefit from their natural resources and to chart a course of economic development of their own design. Existing military installations and contaminated atolls continue to affect terrestrial and marine resources and contribute to ongoing food insecurity, in addition to debilitating health and environmental impacts.

● Self-determination standards oblige a much greater devolution of powers from France to Ma’ohi-Nui/French Polynesia and the strict non-alienation of Ma’ohi-Nui people
from their natural resources.

Thank You, Madam Chair.

FORMER USVI COMMISIONER NAMED SAINT LUCIA TOURISM CEO

2019-08-12T18:58:00.000-04:00

SAINT LUCIA TOURISM AUTHORITY APPOINTS NEW CHIEF EXECUTIVE OFFICER

OECS BUSINESS FOCUS

The Board of Directors at the Saint Lucia Tourism Authority (SLTA) has appointed Mrs. Beverly Nicholson-Doty as the organisation’s Chief Executive Officer (CEO). Mrs. Nicholson-Doty has over three decades of industry leadership experience, including most recently serving as Commissioner of Tourism at the USVI Department of Tourism from 2007 to 2018. She brings significant experience in marketing, sales and strategic planning in Caribbean travel, tourism and hospitality. Mrs. Nicholson-Doty has developed deep relationships with executives across the airline, cruise, hotel and service industries that serve the region, and has created partnership opportunities that include public, private, non-profit, non-governmental and community-based entities.

Mrs. Nicholson Doty’s achievements include the successful development of the Ports of the Virgin Islands concept to brand and develop a collaborative effort to elevate the territory’s port facilities, and the creation of a strategic plan for positioning the USVI as one of the top destinations for the Meetings and Incentives (MICE) market. She was also instrumental in engineering double-digit airline capacity growth over a 10-year period.

The CEO will be responsible for overall management of the Saint Lucia Tourism Authority, including oversight of the development of the Authority’s marketing and destination services, and general administration. She intends to work closely with agencies, institutions and individuals within the public and private sectors of Saint Lucia at home and abroad.

“We welcome Mrs. Nicholson-Doty to the organisation and look forward to the strategic leadership that she will provide implementing and developing our sustainable tourism growth strategy,” said Nicholas John, Chairman of the Board at the Saint Lucia Tourism Authority.

In addition, as CEO, Mrs. Nicholson-Doty will work closely with the Board of Directors to achieve overall objectives, including coordinating and directing the programmes of the Board. In marketing, promotions and publicity, she will be tasked to utilize and deploy resources in the best interest of the development of tourism to Saint Lucia.

I look forward to this opportunity. Our team at the Saint Lucia Tourism Authority will be focused on developing and implementing a strong strategic plan aimed at increasing market share, and even more importantly, increasing visitor spend for maximum return on investment,” said Mrs. Nicholson Doty.

"SHAM FRENCH NUCLEAR COMPENSATION SCHEME" LIMITING COMPENSATION FOR POLYNESIANS EXPOSED AT U.N. HEARING

2019-07-11T01:49:00.000-04:00

Statement to Special Committee on Decolonization (C-24)

Mr. Philippe NEUFFER Attorney at Law in Tahiti

United Nations

New York, N.Y.

27th June 2019

Madam Chair,

Distinguished Members of the Special Committee,

One of the most egregious acts perpetuated on mankind has been the testing of nuclear weapons in spite of the known human cost, and the challenges to just compensation and reparation for the veterans and for their widows and children.

The aftermath of 30 years of French nuclear testing in our homeland continues to plague our people, victims of 193 atmospheric and underground nuclear tests from 1966 to 1997. This was equivalent to 720 Hiroshima bombs in our atmosphere, and 210 underground.

It has been 20 years since the final nuclear testing came to an end in 1996, and the moral and practical recognition of the health and social consequences of the testing which have been confirmed as inter-generational, remain a major challenge to the health and well being of our people.

The current mishandling of the nuclear waste generated by these tests is a lingering danger of monumental proportions for Maohi Nui/French Polynesia and the entire Pacific region.

The General Assembly has adopted a series of resolutions since 2013 "recognizing the significant health and environmental impacts of this nuclear testing” conducted by the administering Power in my country over this period. The resolutions further recognized the consequences of those activities on the lives and health of the people, especially children and vulnerable groups, as well as the environment of the entire Pacific region. The General Assembly resolutions have also made the natural linkage between the aftermath of the French nuclear testing in our region and the work of the U.N. Scientific Committee on the Effects of Atomic Radiation.

The resolutions also take note of the two reports of the Secretary-General on the environmental, ecological, health and other impacts of the testing, and have requested the Secretary-General to provide continuous updates on the impacts of the testing.

Interestingly, the French had devised a compensation scheme in 2010 containing a clause suggesting that the nuclear tests were of "negligible risk." This resulted in only a handful of approvals for compensation from hundreds of claims made by our people - despite disproportionate rates of thyroid cancer and leukemia with overall cancer rates over 30 per cent higher than average.

Because of extensive public outrage in our community over this sham compensation scheme, the French National Assembly voted in February 2017 to remove the element of "negligible risk" but by the end of 2018, "negligible exposure" was re-inserted in the programme by way of an amendment to a budgetary rider in the 2019 French Finance Act establishing a "criterion of non-accountability" - "negligible risk" by different form.

It is highly disappointing for us that such important developments are not referenced in the U.N. resolution on French Polynesia, and important conclusions from existing U.N. research were omitted from the two previous Secretary-General reports. And it is highly deceiving for the people of Maohi Nui that the wives and the children of veterans of French nuclear tests still are not recognized as direct victims, and don’t have the compensation they deserve.

Thank You, Madam Chair.

Overseas Territories Review

Self-Determination or Annexation? The Case of Bonaire

UN DECOLONISATION CMT. POLICY ON INFORMATION DISSEMINATION

Special Decolonization Committee Approves 3 Drafts Aimed at Enhancing Information Dissemination, Facilitating Visiting Missions to Non-Self-Governing Territories

Question of French Polynesia

Question of the British Virgin Islands

UN ADOPTS ANNUAL RESOLUTIONS ON DEPENDENT TERRITORIES

France continues to violate UN Charter on French Polynesia

UN GENERAL ASSEMBLY ADOPTS BERMUDA RESOLUTION

RESULTS OF STUDY ON BONAIRE'S 'PUBLIC ENTITY' POLITICAL STATUS

UN GENERAL ASSEMBLY ADOPTS BR. VIRGIN ISLANDS RESOLUTION

UN GENERAL ASSEMBLY ADOPTS US VIRGIN ISLANDS RESOLUTION

U.S. TERRITORIAL VOTING RIGHTS AND POLITICAL INEQUALITY

BONAIRE SELF-DETERMINATION DENIED - NEW BOOK BY JAMES FINIES

INDEPENDENT SELF-GOVERNANCE ASSESSMENT ON BONAIRE

BONAIRE FOUNDATION TO CELEBRATE 15 YEARS OF WORK

Antony Géros new president of the Superior Council of the FPC

Colonialism and Neo-colonialism in the Caribbean - An Overview

U.N. COMMITTEE SUPPORTS ASSISTANCE TO DEPENDENT TERRITORIES

U.N. Fourth Committee Approves 23 Texts on Decolonization

Fourth Committee Approves 23 Texts on Decolonization, as It Concludes Main Part of Seventy-Fifth General Assembly Session

U.N. FOURTH COMMITTEE APPROVES FOURTH INTERNATIONAL DECADE TO END CONTEMPORARY COLONIALISM

VIRGIN ISLANDER WINS ANIMATION AWARD AT GHANA FILM FESTIVAL

COLLECTIVITY OF SAINT MARTIN ELECTS FIRST WOMAN SENATOR

U.N. General Assembly - Indigenous Languages Face Extinction

Indigenous Languages Face Extinction Without Concrete Action to Protect Them, Speakers Warn General Assembly, as International Year Concludes

BONAIRE NGO BEGINS HUMAN RIGHTS INFORMATION CAMPAIGN

U.N. IMPLEMENTATION OF DECOLONIZATION MANDATE KEY TO GENUINE SELF-DETERMINATION FOR MA'OHI NUI / FRENCH POLYNESIA

FRANCE VIOLATES INTERNATIONAL LAW BY USURPING NATURAL RESOURCES OF MA'OHI NUI / FRENCH POLYNESIA

FORMER USVI COMMISIONER NAMED SAINT LUCIA TOURISM CEO

"SHAM FRENCH NUCLEAR COMPENSATION SCHEME" LIMITING COMPENSATION FOR POLYNESIANS EXPOSED AT U.N. HEARING