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Monday, March 22, 2010

Delay in joining Caribbean Court of Justice (CCJ) is amazing


Caribbean Court


By Oscar Ramjeet:


As Belize is about to join the Caribbean Court of Justice (CCJ) as its final court, one of the seven judges and the Court Registrar visited the country and held discussions with local judges and explained the Rules and Procedure of the regional court with practising lawyers.

Their visit coincided with a farewell sitting for Appellate Court Judge, Jamaican-born Boyd Carey.

Justice Adrian Saunders, who was involved in drafting the Rules of the CCJ and Registrar, Dawn Pierre, explained to more than three dozen lawyers at a workshop on Saturday, the rules and procedures to be followed in filing appeals to the regional court.



Belize is the third CARICOM country to get rid of the Privy Council as the final Court, and the first to do so since its establishment, when only two countries, Guyana and Barbados, went on board.   It baffles me why the other member states are hesitant and/or reluctant to do so, especially countries like Trinidad and Tobago and Jamaica, which were in the forefront in the setting up of the Court.   However, I have been reliably informed that Dominica is in the process of making preparations to join, but that country is now experiencing parliamentary setback since the opposition party is boycotting parliament, claiming irregularities at the last general elections.



Jamaica as well as St Lucia are also considering joining in the near future.   The Patrick Manning administration in Trinidad and Tobago is all in favour of the regional court, but in order for that country to join it must get the support of the Opposition, since it requires two thirds of the vote, and the then opposition leader, Basdeo Panday, was not in favour of the move.   However, now that there is a new leader of the opposition UNC, in Kamla Persad-Bissessar, who is a West Indian- trained attorney, it is likely there will be a change in that regard.

The CCJ has been established since February 14, 2001, by an agreement signed by a dozen regional governments on February 15, 2003, but the inauguration took place nearly five years ago on April 15, 2005.

The Court has not heard many cases in its Appellate jurisdiction since only two of the 12 countries have accepted the CCJ as the final appellate court, and this is very unfortunate since the Port of Spain based Court has the best court facilities on the planet.   I was privileged to visiting the Court and was impressed with what I have seen - besides the well equipped libraries, spacious conference room, robing room etc.   I was elated with the court room appearance, with the most modern telephonic and fascinating equipment.   The facilities include: A document Reader/Visual Presenter: Ability to use laptop computers, DVF/VCR: Audio/Video Digital Recording (microphones situated throughout the courtroom) ; wireless internet access, and audio/video transcripts.

International jurists who have visited the CCJ and read its judgments generally have a high opinion of the court.   One of them, Francis Jacobs, a Privy Councillor and former Advocate General of the European Court of Justice, said that the CCJ is of a high calibre and would be able to take account of local values and develop a modern Caribbean jurisprudence in an international context.   He also took a swipe at some Caribbean leaders when he said, "It is regrettable that political difficulties have obstructed acceptance of its Appellate jurisdiction and that the outdated jurisdiction of the Judicial Committee of the Privy Council survives for many of those states.

One of the most respected Caribbean jurists, Dominican born Telford Georges, said before his death that he regarded it as a "compromise of sovereignty" for us to remain wedded "to a court which is part of the former colonial hierarchy, a court in the appointment of whose members we have absolutely no say."

I sincerely hope that steps will soon be taken by those countries that have not yet joined will do so as soon as possible.

March 22, 2010

caribbeannetnews

Sunday, March 21, 2010

Jamaica: Extradition or not ... Coke is it!

Tyrone Reid, Sunday Gleaner Reporter:



COKE



Christopher 'Dudus' Coke will remain on the United States most-wanted list even if he is not extradited by the Jamaican authorities.

An official of the US Attorney's Office says the west Kingston strongman known as the 'President' will remain a priority for American law-enforcement agencies even if the Bruce Golding administration decides not to send him to America for trial based on the present extradition request.

"The indictment and the extradition are two separate things. The indictment is the charges against him, and the charges still stand," said Rebekah Carmichael, who is attached to the United States Attorney's public information office for the Southern District of New York.

Carmichael told The Sunday Gleaner: "The indictment still stands whether a defendant is extradited or not. The indictment continues to exist, the charges continue to exist."

As a result, Coke remains on the US Department of Justice's list of Consolidated Priority Organisation Targets, which includes the world's most dangerous narcotics kingpins.

No comment

Carmichael declined to say what measures US authorities were prepared to implement to ensure that Coke faces the court. "I would not be able to comment on that, we have no comment," she said.

She also refused to comment on the Jamaican Government's decision not to sign the request for the extradition of Coke.

At the time the indictment was issued against Coke, Preet Bharara, United States Attorney for the Southern District of New York, described the charges against him as "another important step in our bringing to justice the world's most dangerous criminals, wherever they may be found".

Coke is "charged with conspiracy to distribute cocaine and marijuana and conspiracy to illegally traffic in firearms. If convicted on the narcotics charge, he faces a maximum sentence of life in prison, as well as a fine of up to (US)$4 million, or twice the pecuniary gain from the offence," read a section of a release issued by the US Attorney's Office last August.

Since then, Prime Minister Bruce Golding has argued that that there is an insufficiency of credible evidence to substantiate a criminal charge against Coke, and that the other available evidence was obtained in breach of the Interception of Com-munications Act, 2002.

While the prime minister did not rule out honouring the extradition request, he argued that the Government would have to be presented with information in accordance with Jamaican law.

The Government has also asked the US authorities to disclose the name of the police officer who passed the intercepted communication to them.

Under local laws, the policeman, so far identified only as 'John Doe', was not authorised to pass the information to the US authorities and committed a criminal offence.

But so far, the Americans have refused to disclose the name of the police officer or state if he is still in Jamaica.

This has led to a stalemate, which the US argues, can be resolved by placing the extradition request before the Jamaican courts, while the Golding administration claims that both parties should sit and try to arrive at an amicable solution.

tyrone.reid@gleanerjm.com

March 21, 2010


jamaica-gleaner

Saturday, March 20, 2010

Port au Prince, Haiti: Nou Bouke! We are exhausted!


Haiti


By Jean H Charles:


This graffiti is now covering most of the remaining walls of Port au Prince, Haiti.  During election time, candidates commandeered slogans and graffiti on the walls for a price.  This slogan Nou Bouke (pronounced key) has nothing to do with politics; it is the cry of exasperation of a people that have endured misery, deception, earthquake, hurricane and ill governance constantly for the past sixty years!



I received last week a challenge from a brother from Jamaica now living in the Turks and Caicos asking me to clarify or expand on the issue of governance and democracy in Haiti, the relevance of the demise from Haiti and the forced exile to South Africa of Jean Bertrand Aristide and last but not least the issue of redemption to Haiti from France.  I welcome the challenge hoping neither of us will be a winner but the larger community will benefit in knowledge and understanding from the exchange.

On the issue of redemption for past slavery, one will be surprised to find out I have single-handed initiated the process for putting on the table the issue of redemption for Haiti.  It all started during a cursory visit to a bookstore in downtown Port au Prince.  I came upon an issue of Paris Match where I read that a legislator from Martinique has succeeded in having the French Parliament pass a resolution condemning slavery as an act of cruel and inhuman treatment inflicted by France upon million of slaves.  My legal mind told me that France has opened a hole that will make it liable and vulnerable to demand for compensation from former colonies in general and from Haiti in particular.

In a follow up conversation with my father, a retired chief judge of Haiti Civil Court and past Dean of a law school, I revived the discussion concerning the pros and cons of such an approach.  On a strict construction of the law, the doctrine of clean hands and the doctrine of viability of an action in criminal matters are in full force.  France cannot continue to benefit from the billion of dollars in retribution paid by Haiti while it has enjoyed the forced labor and the sweat of generations of slaves enriching named French citizens individually and the nation as whole for several centuries.  Haiti has conquered its freedom on its own, paying a price in gold to have that freedom recognized by France is unconscionable morally and it is illegal now, considering the resolution passed by the French Parliament.  There was a guest in my home at that conversation; he was a personal advisor of Jean Bertrand Aristide.  He brought the issue to the President, the rest was history.

President Aristide could have called upon the best legal minds of the world, including those from France to make the legal case for Haiti for retribution in light of this new development.  He chose instead to pursue a political and demagogic road poisoning for ever the legal advantage.  At the other end of the spectrum France and Belgium owe the rest of their former colonies an obligation to help extract the virus of distrust, dissent and internal fratricide injected into the ethos and the culture of most of the former French and Belgium colonies.  From Congo to Madagascar, from Haiti to Gabon and from Senegal to Tunisia, the story is the same with some variances, France meddling and the sequels of French culture is at the heart of the poor governance, the internal fighting and the robbing of the natural resources depriving the citizens of enjoying in peace their God given national endowment.

Should President Aristide have been deposed from power and sent to exile?  This debate will continue for generations yet the truth of the matter is Aristide was deposed by a popular movement of the people of Haiti led by students who found his policies of dividing the already disjointed Haitian family too much to endure.  As usual, France and the United States have come at the end to claim the paternity of the movement and lead the transition to their own advantage.  Sending Aristide to exile was a small price to pay to bring about solace to million of Haitian families.

Under the Duvalier regime, the repression was codified and led by uniformed tonton macoutes, under Arisitide, the repression, the kidnapping and the killings were done by thugs, hired renegade paid by the government with not even a uniform to claim the appearance of a state enterprise.  His complete disregard for law and order was putting the nation at its core into the path of disintegration.  This axiom enshrined in the Preamble of the, Constitution of the United States is of value to the people of Haiti as well as the people of the world:

“All men are created equal; they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. Whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it and to institute a new government.  It is the duty of the people to rise and to defend themselves against that tyrant.”

We often tend to follow the politics that the mice are smaller than the rats, as such we can live with the mice.  Duvalier’s son was better than Duvalier therefore we can live with him. Arisitide was better than Duvalier fils therefore he is acceptable.  Preval is better than Aristide, we should give him a chance.

The principle of democracy is a simple one.  I have often called upon Ernest Renan as my preferred prophet for spreading the message.  You shall defend your frontiers and your territory with all your might!  You shall instill into the souls of your citizen the love and the admiration of the founding fathers! You shall take all the necessary measures to insure that no one is left behind!

In Haiti today the people are crying nou Bouke! nou Bouke! We have enough of this government that is interested in perpetuating itself while playing a scant view of the welfare of its people.  Confirmed reports have informed me that before the earthquake some 900 projects vetted by Haiti’s own service of business promotion that would bring jobs for the Haitian people have been blocked by the Haitian government because graft has not been tendered for a final approval.  After the earthquake the only reconstruction firms that can obtain a permit to start demolition projects are those introduced by or retained with the first Lady of Haiti.

It might be time for Haiti and for the friends of Haiti to plan regime change in Haiti, if the country should enjoy free and fair elections leading to democracy.  The Haitian people did have their Friday of Crucifixion for too long it is time now for them to have their Easter Sunday.  It is also the quickest way to bring about a minimum of coordination to the avalanche of help brought about by the international community to the gallant people of Haiti averting as such a second disaster.

It was a brother from Jamaica who sparked the Haitian revolution changing the world for ever and for the better! His name was Bookman.  Would you, my dear brother from Jamaica, lend a hand again?

March 20, 2010

caribbeannetnews

Friday, March 19, 2010

Too late to avert second Haiti disaster, says aid coordinator

PORT-AU-PRINCE, Haiti (AFP) -- Despite billions of dollars in pledges and an unprecedented humanitarian drive, it is likely too late to avert a second disaster in quake-hit Haiti, a top US aid coordinator warned Thursday.

Tents and tarpaulins are simply not enough to protect tens of thousands of Haitians from the coming rains and hurricanes, and a new wave of quake survivors could perish in a second "catastrophe," InterAction chief Sam Worthington predicted.

"Having observed camps on very steep slopes and that you cannot simply relocate hundreds of thousands of people easily, we anticipate that the rainy season will lead, to a certain degree, to another catastrophe that despite the hard work of the international community will be hard to avoid," he told AFP.

"Deaths, landslides and so forth," he explained, adding: "What we can do is work with the UN to create shelters that people can find refuge in, but there simply isn't the time."

In Haiti for a week for meetings with top government officials, including President Rene Preval, Worthington is coordinating the massive US NGO effort but is realistic about what can be achieved.

"We're in a race against time and even though a large number of people will be moved, I do anticipate that, sadly, many will be affected by the fact that they are living in areas that are dangerous.

"One could get a tent, one could get plastic sheeting but to get people in temporary shelter in such a way that it will withstand a hurricane or rains and ultimately rebuild, we are talking about an effort that will take years."

Teams from the International Organization for Migration are laboriously trawling hundreds of camps to register the particulars of each family, while other UN agencies draw up emergency plans for flood and hurricane prevention.

Some 218,000 Haitians are deemed to be in "red camps," those considered at gravest flood risk, and the race is on to find them alternative shelter before the rain and possibly calamitous landslides.

There have already been a few nights of torrential downpours in the past week and sustained rains could spell disaster in Port-au-Prince where countless people subsist in wretched conditions perched on treacherous slopes.

"Our community is talking about a second disaster happening when the rains hit," said Worthington. "I am not sure to what extent that can be avoided."

"Unfortunately, many of the camps are in areas that have no drainage whatsoever and many of the shelters are on slopes that are 20 degrees or steeper," he told AFP after a briefing at the UN logistics base.

The 7.0-magnitude earthquake that struck Haiti as dusk fell on January 12 was one of the worst natural disasters of modern times, if not the worst. It left at least 220,000 people dead and affected three million Haitians.

March 19, 2010

caribbeannetnews

Thursday, March 18, 2010

Hope for a basic shift in US Cuba policy disintegrates into continued polarization

By COHA Research Associate Katya Rodriguez:


Washington severed relations with Cuba on January 3, 1961 and launched its economic embargo against Havana the following year. Its intended target was to transform Cuba’s political system from being sympathetic to Moscow’s brand of Communism to one more harmonious with the Cold War ideology being proselytized by the White House. However, most regional specialists now dealing with the embargo issue, after forty-eight years in operation, agree that it has not been particularly effective in persuading the island leaders to take steps toward the democratization of the country. Instead, it only has served to damage Washington’s economic, diplomatic and national-security interests affecting Cuba as well as the remainder of the region.

During most of the last half century, discussions aimed at normalizing relations with Cuba have been rare and mainly unproductive. Due to Obama’s optimism for political change toward Cuba during his presidential campaign, there was considerable hope that the sterility and selective indignation that had characterized US policy toward Havana would be altered in a more constructive direction. But his election did not by any means serve to initiate a paradigm shift in US-Cuban relations, and after a year, one could say that when it came to change in Latin America, the direction of the new administration was more in reverse than in fast-forward. Once hopeful attitudes and expectations are now disintegrating, and as a result, there is a growing continuum of hostility between the United States and Cuba. Meanwhile, Washington, if anything, is becoming more isolated from much of Latin America than meaningfully connected to it.

This growing animosity was underlined when news surfaced that Cuba had not been eliminated from the State Department’s State Sponsors of Terrorism list, which would be issued in its finalized form in April. Scandalously (given the paucity of incriminating evidence in recent years), Cuba has held a prominent position on that infamous list since 1982, and its ancient tenure in this category represents the second-longest in duration after Syria, despite the Cuban government’s futile protests that it does not in any form deserve to be stigmatized in this manner.

While President Obama acknowledged that the policies made by prior U.S. administrations that were intended to democratize Cuba have come to no avail, he has not put to work a policy aimed at constructive engagement. Although he has been chief of state for over a year now, he has done little to fulfill his campaign promise to meet with Cuban leaders and take necessary steps toward normalizing ties with Cuba. His less-than-significant move to free up remittances allowed to be sent to Cuba as well as lifting travel restrictions against Cuban- Americans visiting Cuba reveal themselves as merely a reversal of nuisance regulations implemented by George W. Bush. If Obama intends to live up to the hype he initiated during his campaign in terms of thawing an otherwise fallow relationship with Cuba, he needs to address a much longer and larger restrictive strategy towards US-Cuban policies than just those put into effect by the previous administration. Furthermore, his executive orders regarding Cuba are not being enforced. On January 21, 2009 he signed orders instructing the CIA to close Guantanamo Bay; a year later, it remains open and Reuters reported that the deadline has been extended to an additional three years.

Obama has ordered that the release of all political prisoners held in Cuba as a reoccurring condition to regain ties. It has been indicated that Raúl Castro is willing to release anyone of importance to the US if the White House sees to it that the Cuban Five are freed. International support against the imprisonment of the Cuban Five remains strong. On January 28, 2010 three Argentinean men climbed Mount Aconcagua, the second tallest mountain in the world, to display a banner that read, “Obama, free the five Cuban heroes now!” The United Nations defended the Cuban Five, stating that the trial was not impartial; it happened in South Florida where anti-Castro sentiments are strong and harsh punishment for Castro supporters is routine. On October 10, 2009 a judge decided that the sentences were excessive and reduced them for three of the five. Antonio Guerrero’s sentence was reduced from a life sentence to a twenty-year term, due to insufficient evidence. The sentence reductions reflect negatively on the US criminal system and raises doubt that their right to a fair and speedy trial was acknowledged. If the United States truly wishes to have better ties to Cuba, the prompt release of prisoners in both countries will stimulate change.

By far the most damaging action taken by an administration supposedly trying to re-establish relations with Cuba was to abrogate the US Practice of almost automatically placing Cuba on the State Department’s State Sponsors of Terrorism list. According to Peter Kornbluh of the National Security Archives, a non-governmental research library located at George Washington University, the reason for Cuba’s inclusion on the list is punishment for not participating in Washington’s global War on Terror. This accusation is far from legitimate since Cuba has laws against terrorism. In addition, being on the list prohibits Cuba from receiving US foreign assistance, permission to export goods to the US, and requiring special licensing requirements for businesses exports to Cuba. But one would hope that the US possessed a justifiable reason for maintaining Cuba on its list rather than an ideological commitment to political values. For twenty-eight years, Cuba has languished on the list with no action toward democratic change or presenting credible evidence of Cuba supporting the War on Terror. Keeping Havana on the list for another year with no concrete evidence that it benefits the United States leads to the conclusion that it only negatively affects Cuba. Recalling Obama’s words on May 23, 2008 concerning US arrogance towards Latin America, it would appear that the US is in need of a pressing review of a hemispheric policy that brings with it vital new ideas.

The Council on Hemispheric Affairs, founded in 1975, is an independent, non-profit, non-partisan, tax-exempt research and information organization. It has been described on the Senate floor as being "one of the nation's most respected bodies of scholars and policy makers." For more information, visit www.coha.org

caribbeannetnews

Wednesday, March 17, 2010

Bahamas: US tax treaty 'hasn't created Armageddon'

By NEIL HARTNELL
Tribune Business Editor:


THE Bahamas' Tax Information Exchange Agreement (TIEA) with the United States "hasn't created the kind of Armageddon" many feared when this nation signed that treaty back in 2002, a senior Ministry of Finance official said yesterday, adding that the number of requests submitted by Washington had not been "exorbitant".

Rowena Bethel, in-house legal adviser at the ministry, told a Society of Trust and Estate Practitioners (STEP) luncheon yesterday that the Bahamas' first-ever TIEA, which took effect with the US for criminal tax matters from January 1, 2004, onwards, and New Year's Day 2006 for civil matters, had "been a fairly smooth process to date".

Responding to questions from STEP members as to how the US TIEA had worked and been administered in practice, Mrs Bethel said the Bahamas' "long-standing relationship" with Washington in many areas had ensured the tax information exchange process had been relatively hassle-free.

"I'm not aware that there have been any issues in terms of processing of requests from the US, and that speaks in the Bahamas' favour," Mrs Bethel said. "It hasn't been an exorbitant number of requests, to my knowledge.

"We have a long-standing relationship, and it [the US TIEA] hasn't created the kind of Armageddon spoken about" when the Bahamas signed the agreement back in 2002.

The Bahamas' experience in responding to US requests for assistance under the Mutual Legal Assistance Treaty (MLAT) had served it well in dealing with TIEA requests, she suggested, as the processes involved had their similarities.

Referring to the wider TIEA network the Bahamas had signed up to, Mrs Bethel added: "What we're looking at is the new norm, and operating within the scope of the new norm, recognising certain obligations have to be met, and the parameters to work within."

Analysing the TIEAs' likely impact on the Bahamas financial services industry going forward, Mrs Bethel said this nation was "very good at adjusting", as it had shown throughout its history, and the key was its response to the new international financial services regulatory climate and whether it "takes advantage of the opportunities" now presenting themselves.

"It's a foregone conclusion that things have changes, and in many ways they've changed irreversibly," she told STEP members. "It's important to see how we can benefit from the new opportunities that have emerged from these changes.

"What is important is building a strategy to ensure the Bahamas remains a viable and competitive centre."

Moving forward, Mrs Bethel said the Organisation for Economic Co-Operation and Development's (OECD) 'Peer Review' programme, which would assess the Bahamas and 90 other nations on their compliance with global standards for tax transparency and information exchange, was they key consideration this nation had to be aware of.

The review would take place in two phases, the first of which would assess whether the Bahamas had the legal, administrative and regulatory framework to achieve the desired standards. The latter would assess whether this nation was effectively implementing them, and exchanging tax information in an effective manner.

Asked why several TIEAs, including those the Bahamas had agreed with the UK, France and the Netherlands, included a provision that made information exchange on criminal tax matters retroactive to January 1, 2004, Mrs Bethel replied that based on the OECD model agreement, the earliest tax year for which information could be shared was the one that began on that date.

She added: "The Bahamas hasn't done anything outside the standard, except set a floor in terms of how far back it goes in providing assistance in criminal tax matters."

March 17, 2010

tribune242

Tuesday, March 16, 2010

The pain of enlightenment: Discarding the colonial mask

By NOELLE NICOLLS
Tribune Staff Reporter
nnicolls@tribunemedia.net:


MANY times in life we are confronted with the truth that ignorance is bliss..

But less we become too blind to our own self-destructive ways, let us not forget that "when you're dumb, you're dangerous".

A truth all too uncomfortable to accept is the fact that neither the abolition of slavery, majority rule, independence, civil rights, nor Christianization, restored the humanity, identity, position of power or culture of African people, now dispersed around the globe.

In the Bahamas, immigration officers regularly conduct raids on the Haitian community at job sites in the early morning, or bus stops in the mid afternoon. When a Haitian child returns home from school to a vandalized and empty house, what sort of humanity is there to speak of for that child? This is the unspoken reality of disempowered African people, in this instance Haitians in the Bahamas. Parents deported to Haiti with no consideration for their children. Children abandoned by the State, many times left to wonder the streets until a relative or community member absorbs them into the family.

African people, a classification for all people of African descent, have been so far removed from themselves they have virtually lost the ability to progress, to unify, to function at an optimum level, to move forward as a people. Almost every day this is played out, not in history class, but in headline news.

Atlanta, Georgia billboard: "Black children are an endangered species".

Voice of America: "UN Calls for Action to Prevent Spread of HIV/AIDS in Haiti". Jamaica Observer: "Jamaican government failing crime fight".

National Press Review:" Genital herpes hits black women hardest".

Seven-Sided Cube: "Deadly massacre in Nigeria didn't even spare infants".

Seattle Local: "Rate of black men's imprisonment rising".

Freeport News: "Chilling crime statistics".

Far from progress, the African community is on the path to self destruction..

This is no secret, examples abound, and this is no coincidence, but who really wants to look at the real reasons why. Reasons exist - rap music, no respect for elders, violent video games, drugs, homosexuality, the devil - but most are little more than symptoms, fantasies, illusions or white lies.

What of the deep wounds, festering below the surface, starving the African of vitality, depriving the African of self-knowledge, making the African prone to participate in his own demise?

Having been emasculated by the dehumanising experience of the Maafa, or centuries of suffering through slavery, imperialism, colonialisation, post-colonialism, and Willie Lynch inspired behaviour, most Africans are zombies to their own condition.

Many people tire to hear African people speak about slavery and its associated conditions because they lack an appreciation for the fact that colonial narratives persist today to the great detriment of African people.

Many people encourage the African community to forgive and forget, to move on, and to see modern society as a post-racial society, only because they lack an understanding of the lies, damned lies and the lying liars that perpetuate the myths.

I recall an elder advising me on dealing with someone who had done me wrong, forgive, but don't forget. I recall an African American civil rights activist saying, what we seek is not post-racial; because the racial identify of the African community is important culturally and spiritually.

The movement is for integration not assimilation, and in some instances, the desire is for separate but equal institutions.

The highest order of resistance is needed in the African community to push back, to challenge the thinking that slavery does not matter. Slavery is not just about physical barriers, many of which have been removed, or mental chains, many of which have been theorised, slavery is a symbol for the real and tangible loss of identity, loss of power and loss of culture, continually corroding the foundations on which African communities try to build.

The perpetuation of slavery-derived colonial narratives occur to the detriment of African people, most powerfully because it deprives African people of self-knowledge. These narratives will never be challenged or changed by the ruling minority class, the dominant culture, deniers of their existence, by assimilationists, or other races for which they have no negative impact. The African community will only be restored when it restores its own sense of "Nyon Nyor Nyan", which means "Who are we?" in the Grand Dakar Wolof language of West Africa.

Anyone educated in the formal education system, under established institutional structures, will be hard pressed to understand these perspectives. Anyone engaged in self-discovery - tantamount to awakening one's African consciousness at some level - might share a glimmer of understanding. Sadly, many who participate in this journey reach only as far as intellectual engagement, stopping just short of applying their knowledge to restore their way of life, stopping just short of where their real power lies.

My family is a living testament of this. Most Bahamian families do not contemplate the question: should we send the children to church? That is a given. To be a good Christian in a Christian nation, children must go to church. So I was surprised to hear my father recount the story about his argument with my mother over whether or not my brother and I should be sent to church.

My father was never sold on the idea of Church, thinking Sunday was the day for the family to spend together on the beach, and share Sunday dinner. Beyond that, he had fundamental problems with religion. Although he grew up grounded in a Church going family, Western religion never satisfied his spiritual needs. In the end, he gave in to my mother's wishes, for the sake of peace making. In the case of my mother, she knew of no alternative to satisfy the family's spiritual needs, so church was it.

Why all the scepticism of that which is so called holy? I completely understand my father's sentiments today, because African people have suffered greatly from the destructive colonial narratives about African history, culture and identity; from lies, dammed lies, and lying liars, the biggest of which have been perpetuated by Christians.

Christians, particularly Christian missionaries, are responsible for some of the greatest atrocities to the African race and they continue to wield their power to the death of the African spirit. It would serve African people well never to forget this fact, particularly as they seek to restore some semblance of order to their communities.

Unfortunately, there is little spiritual or intellectual freedom in the Bahamas to critically examine the Christianization of African people, without being oppressed, ostracized, or damned to hell. This process is important not to bash Christianity, or instruct Christians on how to be Christians, but for African people to take back rights to their own spirituality.

The Haitian case study is a clear example of how colonial narratives work their magic, a type of magic far worse than the 'black magic' of Hollywood's invention, Vodou portrayed in images of sorcery, zombies, bad spells and evil spirits. The seeds of intolerance, self-hate and division planted to turn Vodou into Satan and all things evil are the same seeds sewn to blind African people of their traditional African cultural practices. Many of these practices are retained in the West today, and they have the potential to be sources of great pride and vehicles for strengthening the African community.

Last month news emerged out of Haiti of Christian Evangelicals violently disrupting a Vodou ceremony being conducted for deceased earthquake victims..

According to Haitian police, protesters were responding to calls from their pastor, who urged his followers to attack the ceremony. The evangelicals threw rocks at practitioners, urinated on their Vévé, or sacred religious symbols, and vandalised their altars that contained offerings of food and rum for the ancestors.

Around the same time news emerged that Christian missionary groups were discriminating against Vodou practitioners in the distribution of relief supplies, using the aid as bargaining chips for buying souls. Some Vodou practitioners reportedly converted to Christianity out of fear they might lose the opportunity to receive badly needed supplies.

Since the January 12 earthquake, Catholics, Baptists, Scientologists, Mormons, Jehovah's Witnesses and other missionaries flocked to Haiti. The presence of Christian missionaries in Haiti is nothing new. Over the years, the army of Christian aid organisations have grown so large they virtually run Haiti's social services.

The relationship is not strictly benevolent, because for hundreds of years Christian missionaries have tried to entrench the colonial narrative equating Vodou with devil worship. Their efforts suffered a major blow in 2003, when Haiti's Catholic President, Jean-Bertrand Aristide declared Vodou an official religion of Haiti, setting out regulations for Vodou ceremonies, such as marriage, to have equal status to Christian ones.

It was no surprise then to hear Christian evangelical Pat Robertson speak of Haiti's pact with the devil. This is how the lie goes. A black witch doctor slave named Boukman and a Vodou priestess Cecile Fatiman presided over a pagan ritual on 14 August 1791 in which participants sacrificed a pig and drank its blood in order to form a pack with the devil in exchange for freedom from the French. On August 22, 1791, the Africans entered into a rebellion that persisted - not without setbacks - until Haiti declared itself free: the first free African republic.

As convenient a lie the 'pact with the devil' story may be, this colonial narrative, invented originally by Christian missionaries to demonize African liberationists and Vodou practitioners, is a corruption of actual historic events that should be a source of pride and strength for the African community. Instead, it is a source of shame and scandal; a mechanism to deny African people knowledge of one of the most important meetings and ceremonies perhaps to the entire emancipation and independence movement.

The story of the meeting at Bwa Kayiman in the northern mountains of Haiti some say is an amalgamation of two historical meetings: one a planning meeting, the other a Vodou ceremony. Whether it was one or two, the basis of the meeting was to unify the various African groups originating from different places in Africa, speaking different languages, and living on different plantations in Haiti. The Africans summoned the sacred energies of the universe and the power of the ancestors to support them on their mission to launch the liberation war. There was likely the ritual sacrificing of an animal and spilling of blood which is not only common in African tradition, but in secular and sacred rituals across the globe.

As a child, you learn one of the most sacred pacts two friends and make is to prick the hand of the other and exchange a handshake of blood. Christians ritually use blood in the Holy Communion. The ritual use of blood is not unique to traditional African culture.

There is a famous prayer, widely believed in Haiti to have been delivered by Boukman at the ceremony: "The god who created the earth; who created the sun that gives us light. The god who holds up the ocean; who makes the thunder roar. Our God who has ears to hear. You who are hidden in the clouds; who watch us from where you are. You see all that the white has made us suffer.

The white man's god asks him to commit crimes. But the god within us wants to do good. Our god, who is so good, so just, He orders us to revenge our wrongs. It's He who will direct our arms and bring us the victory. It's He who will assist us. We all should throw away the image of the white men's god who is so pitiless. Listen to the voice for liberty that speaks in all our hearts."

This information is the basis on which Christian missionaries and colonizers believed Haiti made a pact with the devil. This is the basis on which the myth continues to be perpetuated. This is just one example of the countless lies, dammed lies and lying liars.

Clearly, there was no pact with the devil; this was a highly spiritual initiation ceremony calling on the spirit of God to prepare the African warriors for the ensuing battle. If Christians believe this to be a "pact with the devil" then sobeit; this simply reveals their lack of knowledge and perspective, and their linear way of thinking.

If in order to elevate African people out of poverty; liberate African people from mental slavery; and restore the functioning of the traditional African community, the cost were a so called "pack with the devil", that deal would be signed, sealed and delivered. I certainly would book myself on a one-way ticket to the eternal inferno.

The Christianisation project has rendered African people an impotent lot, with most African people living in hell on earth already, consoled only by a great faith in eternal life after death. With this thought I am always reminded of the 'great prophet' Jimmy Cliff, who said: "Well, they tell me of a pie up in the sky, waiting for me when I die, but between the day you're born and when you die, they never seem to hear even your cry. So as sure as the sun will shine, I'm gonna get my share now, what's mine."

The impact of colonial narratives is not just born out in the lies themselves, but also in the lies of omission implicit in the telling of these stories. This became apparent to me when I realized that although I rejected the colonial image of Vodou, I had no understanding of what the real Vodou was.

Recently, my level of understanding evolved. Where I would have once spoken about Voodoo, I now speak about Vodou, because Vodou, spelt as such, is considered the most correct phonetic English translation from the Fon language word "Vodun", which means sacred energies, and Voodoo too readily conjures up the invented Hollywood image.

"Haitian deities are living entities, living energies in nature. The energies in Vodun are not perfect like the Catholic Saints. No. They mirror the imperfect world and are found always in the universe and may be elevated or not. In Vodun, there are no middlemen between you and what is good, sacred and divine. Your highest self is in you, or you may allow the mass consciousness to take you over," writes Marguerite Laurent, an award winning playwright, performance poet, political and social commentator, author and human rights attorney, in her essay on counter-colonial narratives on Vodun.

Vodun, as you will find is consistent with many traditional spiritual practices, is very unlike modern religions, in that it has no prescribed doctrine. There is a priestly order, but these community leaders are often keepers of the secrets of the community, keepers of the community's oral history, and vehicles for the community to govern itself and elevate its sacred values.

"It's an African tradition, a way of life, a psychology, philosophy, art, mythology for taping into and understanding and controlling human nature; it's the use of herbs, prescient dreams, a healing way of being, of excavating the unconscious and bringing forth the sacred energies that we all are essentially a part of," writes Ms Laurent.

The Hollywood version of 'Voodoo' is far removed from the real practice of Vodou, just as the truth of 'Haiti's pack with the devil' is far removed from the truth of the events giving birth to Haiti's 13-year liberation war.

Narrative

Although I always suspected and at some point knew the colonial narrative of Vodou was false, I had no idea what the truth was, or where the source of unfiltered truth resided. The only frame of reference I had to approach Vodou was still the negative perspective shaped by the colonial view I rejected. I realized the same was true with my understanding of traditional African culture.

The colonial narrative instructs me that Africans had no history, Africans had no inventors, Africans had no advanced medical technologies, Africans had no religion or valid world views, Africans worshiped many gods, Africans were primitive in this that and the next. I knew the colonial narratives were false, but I had no concept of what the unfiltered truth was. I suspect that was the same problem my father faced when he had to contemplate the question: should the children go to church.

I came to learn that in the area of religion and spirituality, there is a rich African culture that is perhaps becoming increasingly more relevant in modern times. The Bahamas has its very own African religious retention, Obeah, but this practice is merely written off as devil worship or black magic. Very little work has been done in the study of Obeah towards its recognition as a valid, albeit endangered, African retention in the Bahamas.

The Bahamas is even lagging in the Caribbean, where places like Jamaica, have elevated religious retentions like Revivalism and Kumina, even if only at a ceremonial level.

Although Obeah, in its present day form, does not retain the type of structure, with collective rituals found in Haitian Vodou or Afro-Cuban Lucumi tradition, or Trinidadian Shouter Baptists, it is still has a valid story to tell of "Nyon Nyor Nyan".

The knowledge that other living African traditions have to share with us is vast. In contrast to the colonial narrative about life and death, heaven and hell, which is based on a linear model, the Bantu-Kongo cosmology of the Kikongo people teach us about the coil of life on which past, present and future exist on an unbroken continuum. Life has no beginning or end; it merely constitutes a cycle of unending change. This gives birth to the central importance of ancestors, because the energy of a person never truly dies. Below the invisible wall between the physical and spiritual world lies the ancestral realm. The physical world is capable of interacting with the spiritual world, because the continuum is fluid.

The primacy of the ancestors is consistent in all traditional African religions, and based on this world view the failure of African people to cultivate a relationship with their ancestors could be a source of their demise. Dr Fu-Kiau Bunseki, a traditional Bantu healer, suggests that each living human being is a seed of a seed of a seed of a seed of a seed of a seed of a seed of a seed. There is a perpetual transfer of form and energy from one seed or generation or ancestor to another.

Ancestor

The inclination to remember and the desire to reconnect is deeply rooted in African tradition. In African culture the genesis of each individual flows from the original ancestor who was given life from the hands of the Creator, not the parents from which one was born. The honouring of one's ancestors is a recognition of that continuation, a recognition of the shoulders upon which each person stands.

The Dagara people of present day Burkina Faso teach us about the relationship between the ancestors and community. "For the Dagara people, death results in simply a different form of belonging to the community. It is a lesson from nature that change is the norm, that the world is defined by eternal cycles of decline and regeneration. Death is not a separation but a different form of communion, a higher form of connectedness with the community," writes Malidoma Some in "The Healing Wisdom of Africa".

African cultures have a systems approach to living, unlike the compartmentalized worldview typically found in the West. In African culture, the individual is an integral part of the community, just as each part of the body is essential to the functioning of the whole. This notion of the part to the whole is related to the concept of destiny.

Yoruba culture has something important to teach us about destiny. In the order for the community or the whole to function properly, each part has to be aligned with its purpose. A person's individual destiny is discovered in Yoruba culture through divination. Divination is based on binary code, which is the basic language the modern computer operates on. This ancient African technology is used to intuit the patterns of creation which contain the physical and spiritual DNA of a person. These dimensions are inseparable, as the physical aspect of a person is simply the manifestation of the spirit.

A visit to the career counselor is insufficient to determine one's true destiny.

The condition of the West is chaotic in the Yoruba world view, because individuals primarily determine their roles in society based on the pursuit of a personal passions or consumerist wants. Destiny helps to bring the individual into alignment with the community, with nature, with the universe and with themselves.

The Rastafari community provides an interesting case study for the impact embracing African culture can have on African men, who bear the brunt of the criticism for societal ills.

While the Rastafari community is not a homogenous group, consisting of various liturgical and non-liturgical orders, there are various elements that unify the way of life of the Rasta man, which are all deeply rooted in African tradition.

The fact that Rastafari is a relatively modern practice does not take away from its grounding. Rastafari men are respectful, enterprising, self-sufficient, family-oriented, and highly spiritual.

This is the model of the man for which the wider society elusively seeks. Perhaps we have much to learn from them.

This discussion of African spiritual traditions is in no way exhaustive.

Rather, it serves to shed a ray of light on an entire system of knowledge that most African people are not exposed to because of the omissions symptomatic of colonial narratives.

The limited exposure that is gained is so heavily influenced by these colonial narratives that their point of view is invariably distorted. African spiritual traditions are not evil, devilish, pagan, or polytheistic.

On the contrary, they are an essential part of who we are and keys to restoring the African community.

This acknowledgement can only come with the discarding of the colonial mask.

If African people would give up the pleasure of basking in the bliss of ignorance, and suffer through the pain of their own enlightenment, they might just discover the reality of "Nyon Nyor Nyan".

March 15, 2010

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