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Friday, March 26, 2010

Health reform in the United States

Reflections of Fidel

(Taken from CubaDebate)




BARACK Obama is a fanatical believer in the imperialist capitalist system imposed by the United States on the world. "God bless the United States," he ends his speeches.

Some of his acts wounded the sensibility of world opinion, which viewed with sympathy the African-American candidate’s victory over that country’s extreme right-wing candidate. Basing himself on one of the worst economic crises that the world has ever seen, and the pain caused by young Americans who lost their lives or were injured or mutilated in his predecessor’s genocidal wars of conquest, he won the votes of the majority of 50% of Americans who deign to go to the polls in that democratic country.

Out of an elemental sense of ethics, Obama should have abstained from accepting the Nobel Peace Prize when he had already decided to send 40,000 soldiers to an absurd war in the heart of Asia.

The current administration’s militarist policies, its plunder of natural resources and unequal exchange with the poor countries of the Third World are in no way different from those of its predecessors, almost all of them extremely right-wing, with some exceptions, throughout the past century.

The anti-democratic document imposed at the Copenhagen Summit on the international community – which had given credit to his promise to cooperate in the fight against climate change – was another act that disappointed many people in the world. The United States, the largest issuer of greenhouse gases, was not willing to make the necessary sacrifices, despite the sweet words of its president beforehand.

It would be interminable to list the contradictions between the ideas which the Cuban nation has defended at great sacrifice for half a century and the egotistic policies of that colossal empire.

In spite of that, we harbor no antagonism toward Obama, much less toward the U.S. people. We believe that the health reform has been an important battle, and a success of his government. It would seem, however, to be something truly unusual, 234 years after the Declaration of Independence in Philadelphia in 1776, inspired by the ideas of the French encyclopedists, that the U.S. government has passed [a law for] medical attention for the vast majority of its citizens, something that Cuba achieved for its entire population half a century ago, despite the cruel and inhumane blockade imposed and still in effect by the most powerful country that ever existed. Before that, after almost half a century of independence and after a bloody war, Abraham Lincoln was able to attain legal freedom for slaves.

On the other hand, I cannot stop thinking about a world in which more than one-third of the population lacks the medical attention and medicines essential to ensuring its health, a situation that will be aggravated as climate change and water and food scarcity become increasingly greater in a globalized world where the population is growing, forests are disappearing, agricultural land is diminishing, the air is becoming unbreathable, and in which the human species that inhabits it – which emerged less than 200,000 years ago; in other words, 3.5 million years after the first forms of life emerged on the planet – is running a real risk of disappearing as a species.

Accepting that health reform signifies a success for the Obama government, the current U.S. president cannot ignore that climate change is a threat to health, and even worse, to the very existence of all the world’s nations, when the increase in temperatures – beyond the critical limits that are in sight – is melting the frozen waters of the glaciers, and the tens of millions of cubic kilometers stored in the enormous ice caps accumulated in the Antarctic, Greenland and Siberia will have melted within a few dozen years, leaving underwater all of the world’s port facilities and the lands where a large part of the global population now lives, feeds itself and works.

Obama, the leaders of the free countries and their allies, their scientists and their sophisticated research centers know this; it is impossible for them not to know it.

I understand the satisfaction in the presidential speech expressing and recognizing the contributions of the congress members and administration who made possible the miracle of health reform, which strengthens the government’s position vis-à-vis the lobbyists and political mercenaries who are limiting the administration’s faculties. It would be worse if those who engaged in torture, assassinations for hire, and genocide should reoccupy the U.S. government. As a person who is unquestionably intelligent and sufficiently well-informed, Obama knows that there is no exaggeration in my words. I hope that the silly remarks he sometimes makes about Cuba are not clouding his intelligence.

In the wake of the success in this battle for the right to health of all Americans, 12 million immigrants, in their immense majority Latin American, Haitian and from other Caribbean countries, are demanding the legalization of their presence in the United States, where they do the jobs that are the hardest and with which U.S. society could not do without, in a country in which they are arrested, separated from their families and sent back to their countries.

The vast majority of them immigrated to Northern America as a consequence of the dictatorships imposed on the countries of the region by the United States, and the brutal policy to which they have been subjected as a result of the plunder of their resources and unequal trade. Their family remittances constitute a large percentage of the GDP of their economies. They are now hoping for an act of elemental justice. When an Adjustment Act was imposed on the Cuban people, promoting brain drain and the dispossession of its educated young people, why are such brutal methods used against illegal immigrants of Latin American and Caribbean countries?

The devastating earthquake that lashed Haiti – the poorest country in Latin America, which has just suffered an unprecedented natural disaster that involved the death of more than 200,000 people – and the terrible economic damage that a similar phenomenon has caused in Chile, are eloquent evidence of the dangers that threaten so-called civilization, and the need for drastic measures that can give the human species hope for survival.

The Cold War did not bring any benefits to the world population. The immense economic, technological and scientific power of the United States would not be able to survive the tragedy that is hovering over the planet. President Obama should look for the pertinent data on his computer and converse with his most eminent scientists; he will see how far his country is from being the model for humanity he extols.

Because he is an African American, there he suffered the affronts of discrimination, as he relates in his book, The Dreams of My Father; there he knew about the poverty in which tens of millions of Americans live; there he was educated, but there he also enjoyed, as a successful professional, the privileges of the rich middle class, and he ended up idealizing the social system where the economic crisis, the uselessly sacrificed lives of Americans and his unquestionable political talent gave him the electoral victory.

Despite that, the most recalcitrant right-wing forces see Obama as an extremist, and are threatening him by continuing to do battle in the Senate to neutralize the effects of the health reform, and openly sabotaging him in various states of the Union, declaring the new law unconstitutional.

The problems of our era are far more serious still.

The International Monetary Fund, the World Bank and other international credit agencies, under the strict control of the United States, are allowing the large U.S. banks – the creators of fiscal paradises and responsible for the financial chaos on the planet – to be kept afloat by the government of that country in each one of the system’s frequent and growing crises.

The U.S. Federal Reserve issues at its whim the convertible currency that pays for the wars of conquest, the profits of the military industrial complex, the military bases distributed throughout the world and the large investments with which transnationals control the economy in many countries in the world. Nixon unilaterally suspended the conversion of the dollar into gold, while the vaults of the banks in New York hold seven thousand tons of gold, something more than 25% of the world’s reserves of this metal, a figure which at the end of World War II stood at more than 80%. It is argued that the [U.S.] public debt exceeds $10 trillion, more than 70% of its GDP, like a burden that will be passed on to the new generations. That is affirmed when, in reality, it is the world economy which is paying for that debt with the huge spending on goods and services that it provides to acquire U.S. dollars, with which the large transnationals of that country have taken over a considerable part of the world’s wealth, and which sustain that nation’s consumer society.

Anyone can understand that such a system is unsustainable and why the wealthiest sectors in the United States and its allies in the world defend a system sustained only on ignorance, lies and conditioned reflexes sown in world public opinion via a monopoly of the mass media, including the principal Internet networks.

Today, the structure is collapsing in the face of the accelerated advance of climate change and its disastrous consequences, which are placing humanity in an exceptional dilemma.

Wars among the powers no longer seem to be the possible solution to major contradictions, as they were until the second half of the 20th century; but, in their turn, they have impinged on the factors that make human survival possible to the extent that they could bring the existence of the current intelligent species inhabiting our planet to a premature end.

A few days ago, I expressed my conviction, in the light of dominant scientific knowledge today, that human beings have to solve their problems on planet Earth, given that they will never be able to cover the distance that separates the Sun from the closest star, located four light years distant, a speed that is equivalent to 300,000 kilometers per second – if there should be a planet similar to our beautiful Earth in the vicinity of that sun.

The United States is investing fabulous sums to discover if there is water on the planet Mars, and whether some elemental form of life existed or exists there. Nobody knows why, unless it is out of pure scientific curiosity. Millions of species are disappearing at an increasing rate on our planet and its fabulous volumes of water are constantly being poisoned.

The new laws of science – based on Einstein’s theories on energy and matter and the Big Boom theory as the origin of the millions of constellations and infinite stars or other hypotheses – have given way to profound changes in fundamental concepts such as space and time, which are occupying theologians’ attention and analyses. One of them, our Brazilian friend Frei Betto, approaches the issue in his book La obra del artista: una vision holística del Universe (The Artist’s Work: a Holistic View of the Universe), launched at the last International Book Fair in Havana.

Scientific advances in the last 100 years have impacted on traditional approaches that prevailed for thousands of years in the social sciences and even in philosophy and theology.

The interest that the most honest thinkers are taking in that new knowledge is notable, but we know absolutely nothing of President Obama’s thinking on the compatibility of consumer societies with science.

Meanwhile, it is worthwhile, now and then, to devote time to meditating on those issues. Certainly human beings will not cease to dream and take things with the due serenity and nerves of steel on that account. It is a duty – at least for those who chose the political profession and the noble and essential resolve of a human society of solidarity and justice.



Fidel Castro Ruz
March 24, 2010
6:40 p.m.

Translated by Granma International

granma.cu

Thursday, March 25, 2010

Haiti's yawning leadership vacuum

By COHA Research Associate Ritika Singh

The 7.0-magnitude earthquake that devastated entire sections of the Republic of Haiti on January 12th intensified an already unbearable burden for the small Caribbean country. Described by the Inter-American Development Bank, without hyperbole, as “the most destructive natural disaster in modern times,” the Port-au-Prince earthquake and its aftershocks have left approximately 230,000 Haitians dead, displaced more than 1.2 million people, and generated an estimated $14 billion in damages.

Plagued by abject poverty and political instability for most its history, Haiti remains perpetually ranked as the most unqualifiedly destitute nation in the Western Hemisphere. Meanwhile, President René Préval continues to be engulfed by international criticism as well as much abuse at home for demonstrating a breathtaking failure in leadership at a time when his country desperately required a firm hand.

Immediately following the earthquake, Préval disappeared from the public arena, and instead of taking control, he chose to all but totally shy away from a decision-making role.

In the aftermath of his nation’s tragedy, President Préval repeatedly was criticized for failing to show leadership in a time of awesome catastrophe. According to Amy Wilentz, at the University of California at Irvine, “President René Préval of Haiti is odd… his reaction to the destruction of his country is to walk around with his shoulders down, like a beaten dog.”

Similarly, Ludovic Comeau, a former chief economist at Haiti’s central bank, said “He just doesn’t have what it takes,” in response to the president’s languorous and demonstrably ineffectual reaction to his county’s calamity. Préval’s elemental competency as president indeed has been called into question, both among Haitians and from all corners of the international community.

Plummeting Leadership Qualities
At a mass grave for earthquake victims, mourners railed against Préval, telling reporters that his pathetic behavior was as “expected” and that the country needed “someone competent to take charge.” In a country as fragile and ripped apart as Haiti, Préval’s primary aim should have been to reassure and unite his people when they were suffering most and required constant reassurances.

Instead, his invisibility, if not quietism, has triggered anger and resentment among the ranks of a legion of current critics, further exacerbating an already spear-headed political situation.

From the beginning of the crisis, COHA was told by Préval’s battalion of critics that he has turned out to be a totally inept emergency leader (for a country undergoing the most severe emergency in its history). One can think of almost no country in the world that would have so pathetically handled its post-earthquake situation, while it appeared to be totally paralyzed.

Préval and Aristide: An Ancient Relationship Gone Sour
René Préval spent the majority of his political career linked to former President Jean-Bertrand Aristide with Aristide repeatedly being described by average Haitians as “a fiery populist demagogue who could command Haiti’s poor masses as firmly as Moses did the Red Sea.”

Aristide had electrified the country with his 1990 presidential campaign and then went on to win the election by an overwhelming majority. Haitians called the two men, who had been the best of friends as well as the closest of political allies for years, “the Twins.”

When Aristide was inaugurated in 1991 for his first presidential term, Préval was his immediate choice to be prime minister. However, less than a year into Aristide’s second term, his Parliament – led by René Préval – usurped his authority in a no confidence vote. Aristide attempted to rule without parliamentary support, but eventually was ousted by a military coup and was forced into exile by a US-Canadian, French and UN complot.

Upon his election, Préval now began to downplay his links to Aristide, eventually, running for the presidency in his known name in 1996 on a completely new platform and under the banner of his own LESPWA party. After several decades of being roiled by dictatorships and political unrest, the philosophical, soft-spoken, and indecisive professional agronomist appealed to a country that he hoped was looking for a level-headed and highly regarded politician to calm the country’s turbulent political atmosphere.

Préval took office amid high expectations that he would end the country’s long and tormented history of violence and economic stagnation.

Préval as a Ruler
Préval eventually turned on Aristide in order to cravenly expedite his own political aspirations. Préval was elected for a second term in 2006 after two years of intense political strife that eventually required the presence of Brazilian-led international peacekeeping forces in Haiti. Claiming the vote count was being conducted in a fraudulent manner, Préval demanded that he immediately be declared the winner.

After protests and riots had paralyzed Port-au-Prince, the Provisional Electoral Council appointed him president with 51.15% of the vote. Préval then proceeded to disqualify fifteen political parties, including Aristide’s still popular Lavalas party, from taking part in this year’s elections.

Opposition leaders, including Aristide (who, even in exile, remained highly popular with poverty-stricken Haitians) have accused Préval of restructuring the Parliament in order to facilitate the constitutional changes necessary for him to run for a third term in November 2010.

However, prospects for Préval’s third term look anything but promising for the president, who said in a radio interview after the earthquake: “I don’t do politics, okay?” Opposition parties are using Préval’s woeful and inadequate response to the earthquake as an opportunity to further stomp on his ailing administration.

Evans Paul, a longtime opposition figure, condemned Préval when he declared, “During the greatest disaster Haiti has ever faced, our president has been incapable of pulling himself together, much less this deeply divided society. He has single-handedly shown the Haitian people that he cannot lead them.”

During Préval’s first term in office, he was credited with building dozens of public schools, putting thousands of people to work, and issuing titles to thousands of hectares of farmland. In his second term, Haiti experienced modest, but hopeful levels of economic growth.

Unfortunately, Préval’s inaction since the earthquake has overshadowed all of the achievements of his previous incumbencies. Indeed, he seems to have sealed his political destiny forever.

Judith Marceline, a Haitian woman who lost everything after the quake except for the clothes she was wearing, may have described it best: “I stood in line for hours to vote for Mr Préval in 2006. Today, I wonder why I supported him.”

Rene Préval now has been working breathlessly to prove to a hopelessly skeptical world that he is no longer standing on the sidelines in the aftermath of the disaster. Struggling to counter the perception by the international community that Haiti’s government is scarcely better than a Mickey Mouse game, he has vowed that “Haiti will live on after the quake.”

The Haitian president came to Washington on March 10th with a game plan and a list of priorities for Haiti’s recovery effort. His request for continued help from the US came two weeks before international donors would meet at the United Nations on March 31st to plot the country’s long-term reconstruction. Préval is hoping the US will play a leading role at the conference and will drum up support among donors who largely had frozen funding to the government because of Haiti’s legendary history of corruption and squandered aid.

Préval says he is working hard to meet the demands of the Haitian people and the international community in facilitating the estimated $11.5 billion reconstruction effort needed to rebuild the devastated country, although it is likely that many will remain skeptical of such claims.

As coverage of the earthquake fades from the front pages of newspapers, Haiti needs an effective leader now more than ever. The leadership vacuum that the country now faces becomes more apparent every day as the country struggles to recover and rebuild its most basic institutions and infrastructure.

Although Préval may be taking important steps behind the scenes, simply helping to manage the large-scale reconstruction effort is not enough. The country needs more than an administrator in these trying times – it needs a president. In this respect, President Préval woefully has let his country down.

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

March 25, 2010

caribbeannetnews

Wednesday, March 24, 2010

Bahamas: State Minister for Social Services Loretta Butler-Turner laments opposition to proposed marital rape law by those it would assist

By Keva Lightbourne ~ Guardian Senior Reporter ~ kdl@nasguard.com:



State Minister for Social Services Loretta Butler-Turner said yesterday that unfortunately some of the people the proposed marital rape law was designed to assist were among those individuals who spoke out against it.

"It really was an opportunity for the women of The Bahamas and the people of The Bahamas to support something very progressive to bring further empowerment to our people," the minister told The Nassau Guardian.

"Unfortunately it appears that the people it was going to help the most were equally as vocal against it, and those persons do not wish to see progress," Minister Butler-Turner said.

Her statement came hours before the House of Assembly was prorogued, wiping clean its legislative agenda. Up to press time yesterday Minister Butler-Turner had no idea whether the proposed amendment to the Sexual Offences Act, which would have outlawed marital rape in the country, would be re-introduced to Parliament during the next session.

"It has to definitely be determined by the Government of The Bahamas. That has to be a Cabinet decision. From a personal stand point it is something that I would like to certainly see become law," said Minister Butler-Turner.

Furthermore, she had no idea whether the bill would be placed on the table again for further discussion.

But Butler-Turner said she would continue to push for the bill to become law.

"One of the challenges that I try to overcome each day is certainly bringing greater empowerment to not just women but ensuring people everywhere are on an equal footing. As I sit as vice-president of the American Commission on Women it is imperative that I continue to fight for equality for all persons. So yeah, it is something that I will continue to agitate for," the minister said.

She added that she was encouraged by those who came out in support of the legislation, especially the churches.

I was extremely encouraged by groupings of men, groupings of women but in the end analysis I cannot say that I was ecstatic over the reception we received in certain quarters.

"But there were very, very encouraging signs from important sectors of our society, but even that does not militate against the fact that I do not think we had a unanimously overwhelming clear consensus on the matter," she explained.

The amendment would mean that a spouse could be sentenced to up to life in prison for the rape of a spouse, even on a first offense, as is the case for others convicted of rape. The current Bahamian law permitting forms of marital rape stands in opposition to the United Nations Declaration on the Elimination of Violence Against Women. The U.N. has advised that The Bahamas should eliminate the prohibition against spousal rape.

In an earlier interview with The Nassau Guardian, Director of The Crisis Centre Dr. Sandra Dean-Patterson appealed to the government not to let this amendment die.

She said it would be disappointing if the proposed ban is not re-introduced after Parliament is prorogued.

"I would say that the violence in our country must be of such concern and worry to all of us. It is a threat to The Bahamas with this senseless killing that is taking place of men in particular, and in the new year we have to come together as political parties, individuals, civic organizations, trade unions [and] churches to confront violence in all of its manifestations," Dean-Patterson said.

March 24, 2010

thenassauguardian

Tuesday, March 23, 2010

Jamaica: Pastors, pulpits and politics

HEART TO HEART
With Betty Ann Blaine



..."in doctrine showing integrity, reverence, incorruptibility, sound speech that cannot be condemned..." (Titus 2: 7,8)

Dear Reader,

Over the years, I have been a constant public critic of the failures of the Jamaican church. While I have openly recognised and congratulated the church on its history and continued commitment to education and social outreach, I keep reminding those of us who are the body of Christ that the area of greatest weakness is that the church has failed to act as the conscience of the state. To put it another way, the church has been reluctant and afraid to speak truth to power.

The words of the late Rev Dr Martin Luther King, Jr are haunting. In the book, Strength to Love, King asserted: "The church must be reminded that it is not the master nor the servant of the state, but rather the conscience of the state. It must be the guide and the critic of the state, and never its tool."

It is clear that some of our Jamaican pastors have forgotten whom they serve, and the most recent case in which the Rev Al Miller, one of the country's most influential pastors, has sided with the government on the extradition of a reputed "drug lord" and community "strongman", is to my mind the most glaring example of pastors allowing themselves to be used as tools of the state.

One of the observations I have made concerning Prime Minister Bruce Golding and Rev Al Miller is how quickly they have both became converted to full-fledged human rights activists. In fact, they have all but eclipsed Jamaicans for Justice and the Independent Jamaica Council on Human Rights in this particular so-called human rights case. Never before have I heard a pastor and a politician achieve such unison of thought and purpose, and speak so eloquently and stridently about the human rights of any Jamaican citizen in a country where violating people's rights is an accepted way of life. Are we to understand from the pastor and the politician that the human rights of some Jamaicans are more important then the human rights of others?

Somebody needs to tell Rev Miller that the debate surrounding the extradition of Coke is best left to lawyers, judges, politicians and to those constituencies where morality is inapplicable and where the law is supreme and self-serving. In biblical terms, it is the divide between the teachings of Jesus Christ and the system of Rome. One examined the soul of man, while the other was sworn to the service of Caesar.

There must be a greater motive unknown to us that would cause a pastor to ignore the brutality associated with "strongmen", and choose instead to focus on the "principle" of the extradition matter. I am reminded of a recent case where the accused rapist of a nine-year-old girl was set free because of a technicality involving DNA evidence. The question for the pastor is, where would you focus - on the horror of the crime or on the technicality of the law? What Rev Miller doesn't seem to realise is that lawyers have no responsibility to debate morality, but as a pastor he is absolutely obligated to doing so.

In fact, it is the moral failings of Jamaican society in general, and our political leaders in particular, which should be the concern of every pastor, let alone one who sits at the right hand of the prime minister. Instead of focusing on an issue that is best left to constitutionalists, lawyers and judges, Rev Miller ought to be speaking about the social ills in the society that have led to the ascendancy of "strongmen" and drug lords. The question that should be exercising the mind of every Jamaican pastor is, how do we build a society in which we can strengthen family life, protect our children and promote a consistent ethic of human life? Rev Miller needs to be reminded that if God is not at the centre of national life, then we can never achieve human rights.

Instead of "selling out" to man's politics, Rev Miller should be steadfastly focusing on perpetuating God's politics, and should make note of the fact that any discourse that is disconnected from moral values quickly degenerates.

Rather than "parroting" the government's position on the extradition, Rev Miller should be calling the leaders to a higher moral standard which dictates that they clean up and dismantle their garrison communities so that the murder and abuse of citizens will end, and that the scourge of strongmen will be cauterised and eventually eliminated.

Rev Miller should be calling for a deeper discourse about vision and values in public life. He should be speaking about how a new vision for the common good could inspire us all to lives of service and to a whole new set of public priorities.

Instead of pandering to politicians, Jamaica's pastors should heed the words of Rev Martin Luther King who warned that "if the church does not recapture its prophetic zeal it will become an irrelevant social club without moral or spiritual authority". In his book, God's Politics, author Jim Wallis asks, "Who will question the self-righteousness of nations and their leaders? Who will not allow God's name to be used to simply justify ourselves, instead of calling us to accountability? And who will love the people enough to challenge their worst habits, coarser entertainments, and selfish neglects?

I would implore Rev Miller to ponder on those things and to keep in mind that politics without a soul is anti-God. He should bear in mind too that pastors and politicians can make strange bedfellows.

With love,

bab2609@yahoo.com

Tuesday, March 23, 2010

jamaicaobserver

Monday, March 22, 2010

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

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.

Oscar Ramjeet is an attorney at law who practices extensively throughout the wider CaribbeanTheir 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!

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!

Jean H Charles MSW, JD is Executive Director of AINDOH Inc a non profit organization dedicated to building a kinder and gentle Caribbean zone for all. He can be reached at: jeanhcharles@aol.comI 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

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