The Montserrat Reporter - October 18 2013

Friday, October 18, 2013

Capped Well #1

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Today’s Scripture

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God has said, “Never will I leave you; never will I forsake you.” Hebrews 13:5 (NIV)

The Myrie case

Holding the secret

Vol. XXVIII No. 33

Week Ending Friday, October 18, 2013

Price $3.00

and Human Rights

(CCJ – Jamaica, Barbados - CARICOM) (The Gleaner (Jamaica) Jeffrey Foreman, GUEST COLUMNIST Some of the facts established in the Caribbean Court of Justice (CCJ) landmark original jurisdiction decision in the matter Shanique Myrie v Barbados make for uncomfortable reading.

Ms Myrie was cursed at, had her phone searched, was held in an insanitary detention facility, then

sent back on a flight to Jamaica.

She was never given a chance to shower before boarding that flight, and was escorted to the plane in a manner that made it clear she was being deported.

Above all else, she was subjected to an illegal body cavity search in demeaning and insanitary conditions. This was clearly inhumane and degrading treatment - of the type no national court in the region

would countenance.

Despite this fact, the CCJ did not rule in her favour on the basis of human rights breaches. The court, from early out, indicated it had no jurisdiction to adjudicate international human rights treaties or conventions, in particular the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as pleaded by Ms Myrie. That the

Just after press time of our last October 11 issue, TMR learnt of the most up to date information on geothermal exploration that experts were due to arrive this week to carry out what should be final tests on the Well #1.

A reliably informed spokesperson confirmed there will still be no news before the end of October, 2013 or later, as to the viability of the results of the drilling at Well #1 which finally began to emit steam in September.

The spokesperson, out of the Geothermal Unit confirmed that from time to time the Well had been opened to confirm that the steam continued to flow, as evidenced by the heavy

Court could not do so cannot be challenged.

As was pointed out in the judgment, the court’s jurisdiction under Article 211 of the Revised Treaty of Chaguaramas (RTC) and Article XII of the Agreement Establishing the Court constrains it to interpret and apply the provisions of the RTC and what the court termed ‘secondary

legislation’ produced through the decision-making processes of CARICOM. Therefore, if there was any breach of Ms Myrie’s rights, it had to flow from the treaty itself.

The CCJ identified the right of free movement in a decision of the Conference of Heads of Government of CARICOM in 2007.

The right in issue was to an automatic stay of six months upon

arrival in Barbados, a right which was itself part of the “broader concept of free movement of Community nationals within the Community”. The essential elements of this right are that entry into, and exit from, member states be definite, hassle free, and “without harassment or the imposition of impediments”.

cont’d. on page 6

Fingers crossed Geothermal news after October - all drilling completed

More

Headlines...

cont’d. on page 12

Photo: A jubilant Shanique Myrie (right) leaves the precincts of the Supreme Court in downtown Kingston on October 4 after the Caribbean Court of Justice verdict in her favour. Trailing her is sister Antonette DaCosta (centre) and attorney Michelle Brown. -Norman Grindley/Chief Photographer

‘Juice Hut’ healthy alternative...pg 2

Royal Bank donation...pg 4

Modernization of agricultural sector...pg 3

Modern day slavery & CARICOM...pg 5

Importance of Myrie ruling...pg 3

Dominica and Geothermal...pg 7

LOANS TO MAKE YOUR LIFE MORE COMFORTABLE!

Consumer Loans Bank of Montserrat Your Bank. Your Future.

Enquire about interest rates from our Loans Department. www.bankofmontserrat.ms (664) 491-3843

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Friday, October 18, 2013

‘Juice Hut’ to provide healthy lifestyle fruit, vegetable drinks Last week Friday there took place in Brades an event known as the Juice Hut challenge.

The event was held with the blessings of Colin Riley, Minister of Health, but was the initiative of Sylvester Solomon. Both Minister Riley and a medical practitioner gave the thumbs-up on the venture.

The Minister spoke at the opening of the all-day exhibi-

tion held to encourage residents to adopt healthy eating habits.

Thanking the ‘juice hut’ owner he said the challenge is in line with the Ministry of Health’s drive to reduce the prevalence of noncommunicable diseases among residents.

“We know that one of the ways to do that is to eat healthy, to eat foods that are grown close to our homes and that have the

nutrition value to help us to be under weight control to have sort of the energy management through the day and to do the sorts of things that keep us well,” the Minister said.

He spoke to the economic value of the a private sector initiative, the risks, believing that the business venture will grow over time. He added: “We also want to make sure that people understand

that what Mr. Solomon is doing is coming from the private sector,” Riley said. “He’s taking risk, and we believe that overtime his business will grow,” supporting view, “because one of the things we would like to do overtime is to encourage people to eat local.”

He repeated the health factor and strengthened the economic argument. “…such initiatives will help keep people healthy because

Antigua starts program to sell citizenship

By DAVID McFADDEN, Associated Press : KINGSTON, Jamaica (AP) — The struggling country of Antigua & Barbuda has joined other tiny Eastern Caribbean islands in selling citizenship to wealthy international investors to drum up revenue, officials said Monday.

The twin-island nation of some 90,000 inhabitants started accepting applications last week for its citizenship-byinvestment program, which is closely modeled on the one offered by nearby St. Kitts & Nevis. The government hopes to generate roughly $550 million over the next three years by attracting some 1,800 new

citizens, who have to spend at least 35 days on the islands during the five-year span an initial passport is valid for.

Prime Minister Baldwin Spencer said the revenue will help put the country “on the road to sustainable growth and development.” The nation was slammed by the 2008 global economic crisis and the subsequent collapse of the financial empire of convicted fraudster R. Allen Stanford, who based his Stanford International Bank on Antigua and was once the country’s largest private employer.

Spencer called for islanders who are hesitant about the concept to “trust your government.” He said the program “should in no way jeopardize the integrity of the national passport” as critics

SAGICOR LIFE INC. LINDEN ROBERT ROBERTS of 10 Reculuer Mews, having made sworn deposition that Policy No. S05403795 issued by Sagicor Life Inc. on the life of LINDEN R. ROBERTS has been lost, and having made application to the Directors to grant a duplicate of the same, notice is hereby given that unless objection is raised within one month of the date hereof, the duplicate policy asked for will be issued.

Dated 13th day of September, 2013.

By Order Sandra Osborne Corporate Secretary ISLAND OF MONTSERRAT A.D. 2013 [PROBATE DIVISION] LEGAL NOTICE In the Estate of IRENE ISABEL RILEY, deceased NOTICE is hereby given that after the expiration of 14 days from the date of this notice, an application will be filed at the Registry, High Court of Justice for a Grant of Letters of Administration of the Estate of IRENE ISABEL RILEY deceased, late of 400 McCowan Road, Suite 404 Scarborough, Ontario Canada, N1J 1J5 who died on the 19th day of February 2007 be issued to HEATHER DUBLIN of 117 The Beckers, Rectory Road, London N16 7QT, England, daughter and personal representative of the deceased and the only person entitled to the Estate.

ALL persons claiming to be beneficially interested in the Estate are requested to send written particulars thereof to the undersigned within 14 days from the date of this notice.

FURTHER, any person objecting to the issuance of a Grant of Letters of Administration to the said applicant should notify the Registrar of High Court of Justice whose address is: Office of the Registrar General, Brades, Montserrat not later than fourteen (14) days from the publication of this notice.

Dated the 17th day of October, 2013.

Heather Dublin - Applicant-

have asserted.

A foreigner can qualify for Antiguan citizenship with a $250,000 donation or with a real estate investment of $400,000. A business investment of $1.5 million can also qualify. There are government processing fees of $50,000 for applicants and due diligence costs for background checks.

An Antigua & Barbuda

as we expand and increase the amount of food that we grow from the local farms. We will not only be making ourselves healthy, we will also be absorbing that foreign exchange, keeping the wealth local, providing jobs and income for our people,” he concluded.

ZJB radio who reported on the matter (TMR was uninformed of the activity) spoke to people who visited the event. One such person said, drawing attention to one recent article we published on the benefits of coconut water: “I think this is an excellent activity to make people be aware of the importance of having fruit and vegetable and especially coconut water,” revealing their experience from the far east and the expense of fruits, “…in the far east it is very expensive to begin with.

Also you will see these available but in tins and most of them unfortunately have been flavored, so we are really blessed to have proper food natural fruit here on our island,” she said.

Another person said, “The Juice Hut challenge is a very good initiative, I think as the minister said it is a good opportunity to make the people of Montserrat more healthier and of course reduce the hospital visits, so it’s a very unique challenge.”

A final solicited comment stated that the Juice Hut challenge, “is long overdue it is very interesting.”

The Juice Hut in Brades promises to provide healthy foods, to include smoothies, vegetable sandwiches and coconut water among other items.

passport holder can travel to according to Zurich-based some 130 countries with “rela- Henley & Partners, a resitive ease and without chal- dence and citizenship plancont’d. on page 6 lenging visa requirements,”

FINANCIAL INFORMATION MONTH Many people will have heard about the new Internal Audit unit within the Ministry of Finance and Economic Management and want to know what it is all about and what’s the difference between them and External audit, to find out more read below.

Internal auditors and external auditors each play an important role in the governance of Government Ministries and Statutory Bodies or an organisation. Both groups have mutual interests regarding the effectiveness on internal financial controls, and both adhere to ethical codes and professional standards set by their respective professional bodies. Additionally, both types of auditors operate independently of the activities they audit, and they’re expected to have extensive knowledge about the business, industry, and strategic risks faced by the organisation they serve. Yet with all the similarities, internal and external auditing are two distinct functions that have numerous differences.

Diverging Approaches The IIA defines internal auditing as an” independent, objective assurance and consulting activity designed to add value and improve an organisation’s operations. It helps Government ministries; statutory bodies and or an organisation accomplish its objective by bringing a systematic, disciplined approached to evaluate and improve the effectiveness of risk management, control, and governess processes.”

In contrast, external audit provides an independent opinion of a company’s or the Government financial statements and fair presentation. This type of auditing encompasses whether the statements conform with General Accepted Accounting Principles, whether they fairly present the financial position of the Government or organisation, whether the results of operations for a given period of time are represented accurately, and whether the financial statements have been affected materially.

Organisation Structure Internal auditors represent an integral part of the organisation - their primary clients are management, cabinet and or the board. Although historically internal auditors have reported to the chief financial officer or other senior management staff, the trend today is for internal auditing to report directly to the audit committee.

Conversely, external auditors are not part of the organisation but are engaged by it. Except for the Office of the Auditor General being part of Government but has a level of independence in their operation. The Office of the Auditor General objectives is set primarily by the Montserrat Constitution Order 2010 and the Audit Act 2001 and reports to Parliament. However, for external auditors, separate and apart from Government, their objectives are set by statute and by their main client, the board of directors.

Mandatory versus Voluntary In general, internal audit functions are not mandatory for organisations. Instead, their instalment is left to individual organisation’s discretion. However the internal audit activity in the Government of Montserrat is established by the Hon. Financial Secretary in accordance with Section 10(1) of the Public Finance (management and Accountability) Act 2008.

An external audit is legally required for many companies, particularly those listed on a public exchange.

External audits of government agencies are also legislated, requiring government auditors to submit the audit report to their respective legislature.

Qualified and Knowledgeable The necessary qualifications for an internal auditor rest solely on the judgement of the employer.

Although internal auditors are often qualified as accountants, some are qualified engineers, sales personnel and management personnel who have moved ranks of the organisation with a sound knowledge of its operations and have garnered experience that makes them aptly qualified to perform internal auditing.

External auditors are required to understand errors and irregularities assess risk occurrence, design audits to provide reasonable assurance of material detection, and report on such findings. In most countries, auditors of public companies must be of professional accountants recognized by law.

We look forward to your feedback and questions, in relation to the function and our future published reports. If you would like any further information please contact Miss Romilly Murrain the Chief Internal Auditor at murrainr2@gov.ms

Friday, October 18, 2013

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Letters/Opinion

Gleaner Editorial: The greater EDITORIAL This is all to do with the lack import of the Myrie ruling of ‘Good Governance’ One of the main problems plaguing Montserrat’s Strategic Growth Plan is the near absolute scarcity of information, even in a general sense.

Readers of The Montserrat Reporter (TMR) will easily remember that this has been a subject of our focus repeatedly. This is in addition to the many verbal attempts to draw this deficiency to any official who matters.

Perhaps the most difficult part of the problem is the myth, especially for Montserrat, where even with some statistics scarce though it might be in some respects, there is this belief firstly, that Montserratians ‘do not read, or like to read’. Secondly, in a very short space of time, almost overnight, one can hear, “it’s online; it’s on the internet,” or any phrase that suggests it.

Even then, those responsible commit two crimes to the country; one intending to starve the leading media online outlet, and the only one in print, even with the knowledge, that most are not listening either. The other, is the misunderstanding and the misrepresentation of the benefits of ‘social media’. Overall, there is an ignorance to the responsibility, and the obligation to make information available to ALL. That has reached such heights, that in addition to not meeting its statutory obligations in circumstances so required, they are withholding information that should be shared with people.

Much has also to do with the fact that there are those who believe, that only certain people, a very small section, a select section by the way (a misconception in itself) of the people who are interested. In addition, there is propensity to deceive, a lack of desire to be transparent, hypocritically declaring otherwise, if only by expressions of intent. All of this comes down to a country that often openly breaks conventions and the law, at times to the detriment of course of any chance of progress.

The UK Department for International Development (DFID) which holds the purse strings of a volcano-dependent Montserrat, for its capital development, and 60% of its recurrent budget, has on three occasions, since the signing of the yet to be discussed Memorandum of Understanding (MOU) of May 2012, told Government of Montserrat (GoM) that it falls short in informing and interacting with the people.

Now we receive a GIU release dated yesterday, which speaks to a GoM publication of a 2012 investment survey which began in July last year, report of Montserratians across the Diaspora which says, “while, ‘there is a strong appetite for supporting the redevelopment of Montserrat in a number of ways’ limited access to information about the development plans was the largest barrier to their involvement.”

The release directs to the Government website where the release is published.

The proper thing to do especially in the electronic age, would be to attach the document to the release, and not add to the cost of research on government obligation. Following is the full text of the section dealing with this, where we find the words, transparency, effective communication, and digestible information: “With regards to barriers to investing in Montserrat, a number of concerns were highlighted that need to be addressed if a successful investment vehicle is to be launched by the government.

These include: 1. Transparency on how funds are to be managed 2. Continuous, clear and effective communication on the investment (e.g. management of funds) economic progress and stability in Montserrat and risks to investment as a direct result of the volcano 3. Digestible information on the overall development plan for Montserrat.”

The Governor at his recent press conference reported that on October 9 – 11, top public servants participated in an Economic Modeling workshop which took place at the Cultural Centre. They looked to get assumptions about the (new) port and its economic benefits, to agree on the basis of developments over the last year what were realistic assumptions for this model; along with geothermal and fibre optics.

The Governor when questioned about the private sector and the rest of the people’s involvement in such a workshop offered that they were represented by the MDC. He was reminded that they were doing a dubious job at keeping the country up to date and convinced, if they were in fact tasked with the responsibility.

All proof of, to be kind, the misunderstandings, misconceptions and misperceptions resulting in the kind of report just quoted prior. Do ‘they’ really care though?

If this sounds confusing, that is because there is corruption. So it follows, where there is corruption there is confusion.

It may not be long before this quote becomes real for Montserrat: “The entire crew have taken every valuable thing off the ship and left. We are now wrecked on “Devils Islands”. It’s all night here, we are doomed.”

The Montserrat Reporter Published by: Montserrat Printing & Publishing, Inc. - Editor: Bennette Roach Office: Davy Hill, Mailing Address: P.O. Box 306, Davy Hill, Montserrat, W.I. Typeset and Printed by Montserrat Printing & Publishing, Inc. - monp_p@candw.ms.

Tel. (664) 491-4715 Fax: (664) 491-2430 E-mail: editor@themontserratreporter.com or monrep@candw.ms - Web Site: http://www.themontserratreporter.com

Written by Jamaica Gleaner Much has already been made of the award by the Caribbean Court of Justice (CCJ) of approximately J$4 million to Shanique Myrie, the Jamaican woman who, two and a half years ago, was deported from Barbados after being held overnight in a cell and allegedly subjected to a vaginal search.

But the focus on the vindication of Ms Myrie misses the larger, and potentially more potent, import of the court’s ruling and the lessons to be learned

by Jamaica.

Further, as much as the Barbados government may initially bristle, this ruling strikes a major blow for the Caribbean integration project from which Barbadians will also benefit. It is a statement, too, about the relevance of the CCJ, how the court might even now be more efficaciously utilised by Jamaica,

and a compelling argument for us to accede to its criminal and civil jurisdictions.

First, the court heard Ms Myrie’s case under its original jurisdiction; that is, as the final interpreter of the Revised Treaty of Chaguaramas on which rests the Caribbean Community (CARICOM), the functional cooperation and single-market grouping of which Jamaica is a member.

CARICOM OBLIGATIONS Critically, what the court has established are obligations of member states and the minimum treatment that CARICOM nationals should expect when they travel within the Community. There is, except in specific circumstances, entry by right under the Community’s agreement to free movement of people within the bloc.

Said the CCJ justices: “In those exceptional cases, it would be reasonable, given also the sense of belonging that the 2007

conference decision seeks to instil in these nationals, to allow refused visitors the opportunity to consult an attorney or a consular official of their country, if available, or, in any event, to contact a family member.”

Indeed - perhaps to the chagrin of some - it advances the idea of community law and highlights an instance in which the regional imperative overrides the domestic vacillation. “If binding regional decisions can be invalidated at the Community level by the failure on the part of a particular state to incorporate those decisions locally, the efficacy of the entire CARICOM regime would be jeopardised,” the court noted.

In this context, we believe, it is not just travel in the region which is covered by this idea; the protection must extend to all other obligations to which CARICOM states subscribe by their cont’d. on page 7

Dominica minister calls for modernisation of agricultural sector

By Admin Theme: Caribbean Week of Agriculture 2013 linking the Caribbean for regional food and nutrition security and rural development Guyana – Dominica’s Minister of Agriculture, Matthew Walter, has called for modernisation of agricul-

ture in the Caribbean Community (CARICOM).

“We need to modernize agriculture. We need to do agriculture as a business and we need to understand that agriculture is a science,” he told a press briefing as Caribbean Week of Agriculture ended on Friday.

“And we need to send that message to our respective governments that agriculture must be put on the front burner,” he said after a meeting of the Council on Trade and Economic De-

velopment (COTED).

Walter further stated that unless agriculture is put on the front burner of the plans and programmes in the respective countries, the region “will continue suffering and being plagued by many of the social ills relating to food insecurity and also nutrition insecurity”.

He spoke of the problem of aging farmers and called for efforts to attract young people to agriculture.

“If the youth are not brought on board, it means we will see the demise of the agricultural sector.

Therefore, the concentration is on the training of the youth and putting in place the requisite programmes cont’d. on page 7

Our Scripture Verse Today Living In The Moment God has said, “Never will I leave you; never will I forsake you.”

- Hebrews 13:5 (NIV) Our cousinÊs daughter shared an insight she had while watching her father and her young son eating ice cream cones together. Her father was battling dementia, each day a bit less cognizant of what was happening around him. Her son was growing more aware of his surroundings and his place in the world with each passing day. Now they have passed each other · her father sliding downward and her son growing upward. But for a moment they met around those two ice cream cones; for that short time, they were both in the

same moment.

Our moments are just that, moments.

They donÊt last; they disappear and we move on. We live in the moment, and those moments keep changing.

God is with us in the moment, even in our difficult moments. Our troubles are far outweighed by the eternal glory ahead.

God of our past and God of our future is right here with us · in the moment.

Roger C. Palms (Florida, USA)

Prayer: Eternal God, we are grateful that you know every one of our moments. In Jesus’ name we pray. Amen.

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Friday, October 18, 2013

Sir Howard Scholarship fund benefits from Royal Bank of Canada 2013 donation The Royal Bank of Canada (RBC) on Friday last week reminded that it keeps up to its corporate citizenship responsibility when it donated $5,000.00 to The Sir Howard Scholarship Fund which was established in 2002 by the Montserrat Festival Committee to provide scholarships for worthy Montserratians in arts and commerce.

Miss Lucille Irish, Manager of the local RBC branch delivered the cheque to Mrs. Claudia Skerrit, chairman of the fund, deputising for the patron, Sir Howard Fergus.

Miss Irish while delivering the cheque explained briefly, “sometimes, we get letters from organizations - we look at them and see which one we wish to give funds to for the year.”

Sir Howard told The Montserrat Reporter in his effort to ensure that the bank gets due publicity, that as a because of the difficult financial times, resulting in the difficulty of raising adequate funds to provide scholarships for worthy Montserratians in arts and commerce, as they award bursaries and scholarship in these fields, treating other areas on their merit.

He said, seeking assistance from the bank, because of the “economic squeeze, Lucille Irish (l) donates RBC check to Claudia Skerritt (r) for Sir Howard Scholarship fund

our major fundraising activity these days is annual dinner and the sums realized are inadequate,” explaining, “our major fundraising activity these days is an annual dinner, and the sums realised are inadequate.”

The bank manager said that they chose to make the donation, saying they told the fund patron, “it would be something good for the bank to give some donation for 2013…”

Mrs. Skerritt while accepting the donation expressed the funds appreciation. “I must say congratulations and express appreciation to Royal Bank of Canada who has been supporting the Sir Howard fund from its inception,” she said.

She explained that during this year they received several applications, and awarded “bursaries to three persons. Omari Allen who is pursuing a degree in IT, as well as we have just donated one to Nadine Sweeney, pursuing a BS in Nursing, and Shernell Burns, a degree in sports management.”

She explained further that they have given bursaries to persons who are in need of assistance, particularly to setup their own businesses, pointing out that the main interest of the fund is, ‘really in the arts and in culture.”

In encouraging persons to support the fund, Sir Howard points out their pleasure to report, “that over the years, scholarships have been awarded to over ten persons, some of whom are making significant contributions to the society.”

“The Fund,” he says, “is an important instrument of self-help and community effort.”

SALE BY CHARGEE Notice is hereby given that the immovable property hereinafter described will be put up for Sale

by Public Auction , by the Bank of Montserrat Limited, on the 28th. day of October 2013 at 10:00AM The Public Auction will take place on the said site.

The purchase money shall be payable as follows: 1. The Officer conducting the Sale shall require from the Bidder a deposit equivalent to 10% of the final successful bid payable by cheque or payable in cash.

2.

The Purchaser shall pay to the Bank the Purchase price less the deposit within six months of the date of Sale. In default of such payment the deposit paid by the Purchaser shall be forfeited and shall be applied towards the respective Debt.

SCHEDULE BLOCK 12/4 PARCEL # 176 Approximately one acre of land situated in Beachettes and registered in the Land Registry of Montserrat as Block 12/4 Parcel # 176 and bounded as follows:On the North by developed residential property On the west by undeveloped residential property On the East and South by a public road known as Olveston Estate Drive, or howsoever otherwise the same may be bounded.

The whole containing one acre of land and shown on the plan of survey dated 26th. November 1985 by B.B. Burke, Chief Surveyor of the Colony of Montserrat as sheet #11/4 TITLE: Noel Fenton and Frances Fenton as joint owners UPSET PRICE: $70,000.00 Potential buyers may inspect the Land which is situated directly opposite SALEM GATE SOUTH Road. The Land has been “brushed” and the boundary pegs located for easy inspection. Potential buyers who need help locating the land should check with the Manager at the Bank.

BANK OF MONTSERRAT LIMIED BRADES, MONTSERRAT

Friday, October 18, 2013

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St Lucia businesses call on government for VAT reduction CASTRIES - CMC – The St. Lucia Employers Federation (SLEF) is calling on the government to lower the near one-year old Value Added Tax (VAT) so as to provide “some breathing space” to local business in the face of job losses and business closures.

“This reduction will provide members some breathing space as the slowdown in the economy continues to bite deep into their cash flows,” said SLEF executive director Joseph Alexander.

The private sector group wants the VAT reduce from 15 to 10 per cent and Alexander is also contending that should the government decide against collecting the 15 per cent VAT up front from businesses and collect the tax after they have sold their goods, employers would have the breathing space needed in the current economic downturn.

Explaining the plight of some businesses in St. Lucia, Alexander advised that most operate via an overdraft system which they have to maintain.

“Therefore having to pay the 15 percent VAT before goods have been sold plus taking care of their overdraft all at the same time impacts severely on the cash flow of businesses which become yet another reason for job losses and the closure of businesses,” Alexander said.

He said that VAT is one amongst other reasons why some businesses were going through tough times, while the slowing down of the economy is another and argues that the Kenny Anthony government should have set the VAT ceiling at 10 per cent and increase it as the economic situation improves.

“If things were booming it would not be that difficult. The 15 per cent is just too high in these harsh economic times,” he added.

The VAT went into effect on October 1 last year after the government agreed to a one month extension of the fiscal measure.

The comments from the Employer Federation on the closure of businesses and job losses here is the second in days, with the

National Workers Union (NWU), one of the major trade unions here, expressing concern over the country’s failure to grasp timely opportunities to structure a plan aimed at job security and economic stabilisation.

“Over the last 24 months we at the National Worker Union have been monitoring the situation in the country, especially since the financial crisis of 2008 and we are very concerned about the direction we see the country heading as it relates to job losses, and redundancies.

“We have seen the trend via our membership and there is also evidence at the national level. So our concern is related to the future of the country and its workforce, what exactly will happen to the increasing number of persons on the breadline,” said NWU’s Deputy President General, Solace Mayers.

The union said stakeholders in the industry must come together and devise a plan to arrest the crisis before it gets any worse.

Three Caricom countries linked to modern day slavery

Jamaica Observer Haiti listed as second most prevalent globally BRIDGETOWN, Barbados (CMC) – The Australian-based Walk Free Foundation has ranked Haiti as the second most prevalent country, globally, engaged in modern day slavery.

Apart from Haiti, other Caribbean Community (CARICOM) countries listed on the global index on modern slavery are Suriname at 68 and Guyana 77th.

The Global Slavery Index 2013 is defined by the Walk Free Foundation as the “possession or control of a person negating their freedom and exploiting them for sex or as a commodity”.

It ranked 162 countries by estimating the number of people in each nation affected by a range of practices including forced and bonded labour, human trafficking, forced marriages, and the use of children in the military.

According to the report, India

has the highest number overall, with 13.96 million people estimated to be living in slavery, almost half the global total.

The Index includes servitude, forced marriage and the kidnap of children to participate in conflict.

The lead researcher on the project, Kevin Bale, said he hoped the annual report would “elevate awareness of the situation of slavery to a world level, as the statistics presented in the document represent cont’d. on page 7

OVERSEAS TERRITORY OF MONTSERRAT IN THE HIGH COURT OF JUSTICE A.D. 2013 IN THE ESTATE OF RUFUS ADOLPHUS TRANT also known as RUPERT TRANT LEGAL NOTICE NOTICE is hereby given that after the expiration of fourteen (14) days from the date hereof, application will be made in the Registry of the High Court of Justice for an Order that Letters of Administration in the Estate of RUFUS ADOLPHUS TRANT also known as RUPERT TRANT late of Lookout, Montserrat, who died on the 10th day of September 2013 at Mount St. John’s Medical Centre, St. John’s, Antigua be granted to CHIVONE GERALD of Allen Markham & Associates, Banks, Montserrat, the Lawful Attorney of HILBERT JEROD TRANT the son and Personal Representative of the deceased and one of the persons entitled to share in the Estate.

ALL persons claiming to be beneficially interested therein are requested forthwith to send particulars to me the undersigned.

FURTHER, any person objecting to the issuance of a Grant to the Applicant should notify the Registrar of the High Court of Justice no later than fourteen (14) days from the date of the notice.

DATED the 16th day of October 2013.

Chivone Gerald ALLEN MARKHAM & ASSOCIATES

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Friday, October 18, 2013

CCJ, CARICOM and human rights... cont’d. from page 1 Member states do, however, retain the right to refuse entry to persons who are undesirable or could become a charge on public funds.

The CCJ held that the ability to refuse entry is an exception to the right of individuals to move freely and is, therefore, to be construed “narrowly and strictly”.

RIGHTS BREACHED Importantly, the burden of proving that a refusal is warranted rests on the shoulder of the state. In this case, Barbados did not discharge its burden of proving that Ms Myrie was “undesirable”, as defined by the court, and no arguments were advanced as to her being a charge on public funds. Ms Myrie’s right of movement within the Community was, therefore, breached.

What of the consequences of Ms Myrie’s treatment? The court accounted for this treatment by awarding non-pecuniary damages, that is, damages that cannot be easily measured in money. The bodycavity search and the condition of the detention facilities were found to be “very serious” breaches of Ms Myrie’s right of entry and were sufficiently connected to the exercise of that right to meet the criteria for the award of damages as developed in the court’s case law.

In so doing, the court was adamant in pointing out that it was not awarding damages for “fundamental or human rights breaches” but for breach of the right to travel within the Community “without harassment or the imposition of impediments”.

There was, however, a path through which the court could have pronounced on the clear human-rights breaches in this case. In its earlier less-publicised cases, the CCJ has recognised the existence of what it termed ‘Community law’. The first recognition of this source was in Trinidad Cement Limited v CARICOM (grant of special leave), where TCL was granted leave to challenge the decisions of the CARICOM Secretariat to suspend the Common External Tariff (CET) on cement in 2008.

NO EXPRESS PROVISIONS The CCJ held that community actors were susceptible to judicial review although there were no express provisions of the treaty to that effect. The court found this principle to be part of community law through its ability to apply such rules of international law as are applicable in interpreting the treaty, for example, the law on ultra vires of international organisations.

There was, however, a much broader source of law from which the court was willing to rely - “principles and concepts common to the laws of member states”. In that single statement, the court had set the basis for introducing several principles of law into Community law, not just the review of Community acts.

It is on this basis that human-rights norms can form part of Community law. Basic human-rights standards are principles and concepts common to the laws of all CARICOM member states. Moreover, all these states have written constitutions containing provisions for

Geothermal progress!?...cont’d. from page 1 sounds that are heard at night as far as Olveston coming from the Cork Hill/Weeks area, between Plymouth and Belham.

Also confirmed, is that all drilling equipment have been removed and transported to Dominica, where surprisingly we learn that not a hole had been dug there before the drilling equipment was transported to Montserrat.

On Wednesday this week, Governor Davis at his press conference, while not expected to report on the matter, following his compliment of the most recent TMR’s article on geothermal, and a question on the Premier’s recent pronouncements on the next phase, said, “I don’t really have any view on that. What I’d really like is before anybody takes a view on it, is actual confirmation of what we’ve got,” adopting the latest report on the matter, “we still

don’t have that - we’ve got to explore it in the next phase.”

The obvious hesitancy to speak or even to speculate good news to date, has raised much suspicion and doubt as to the viability, not so much that there is no energy but in any significant potential.

DOMINICA claims lead in geothermal exploration in CARICOM Meanwhile Dominica has been in the news, exposing the perhaps no so surprising quiet about Montserrat’s efforts to explore and realise its geothermal potential. The news comes from a report that states, “Dominica has been recognized as being the lead among Caribbean countries in efforts at developing geothermal resources as an alternative to fossil fuels.”

The article states that Dominica, told, “the Caribbean Renewable Energy Forum in Aruba last week, (now two weeks ago) Dominica was ranked in the

number one position among CARICOM member states for diversifying its energy resources to renewable.”

Montserrat is an ‘original member state of CARICOM, and the question asked is why Montserrat continues to be absent at these Caribbean Energy Forums meetings.

According to the article, the forum heard from Dominica’s Minister for public works, energy and ports, Rayburn Blackmore, who told the meeting, “The EIA for the two full sized wells have been done. I have been advised there is a draft report to that effect so we have been able to execute that plan by way of precision, observing all the best practices that needs to be observed internationally and for that I am very glad,” he noted.

He said further that actual drilling of those wells will commence at the end of October, informing that

Antigua selling passports cont’d. from page 2 ning firm which advised the government on how to set up its program.

The strategy is part of a trend in the Caribbean. For years, St. Kitts & Nevis and Dominica have given investors citizenship in return for a real estate investment or significant donation. Grenada is planning to revive a program of its own.

“Investor visas” are of-

fered by many nations across the globe, including the U.S. and Britain. But the Caribbean countries offer a very fast path to full citizenship at a relatively low cost. The whole process, including background checks, can take as little as 90 days in St. Kitts, where there’s no need to ever live on the islands, or even visit.

Some Caribbean leaders are opposed to the sale of citizenship, arguing that it undermines the integrity of their

country’s passport and could dilute national identity. “When you start to sell your citizenship, you will sell anything,” St. Vincent & Grenadines Prime Minister Ralph Gonsalves told reporters last year.

In Antigua, Spencer said all applications will be carefully reviewed and he’s confident the program will be rigorously managed. He is required to submit a report to lawmakers in six months on how the program is working.

In 2003 and again in 2008, the government of Dominica commissioned studies in the Roseau Valley catchment area to ascertain the presence of geothermal energy resources.

TMR will seek to get comment from GoM as to these claims and whether this is due to the uncertainty and doubts that might explain the silence that surrounds the potential of what has been touted as a “game changer” by most stakeholders.

individual protection from inhumane and degrading treatment, and where savings-law clauses exist, they do not preclude review of the treatment to which Ms Myrie was subject. So no matter the territory, these norms would apply in full force.

Introducing human rights through this method would not have been an unreasonable exercise of the judicial function. Authors such as Takis Tridimas, in defending the incorporation of these norms by the European Court of Justice in the 1970s, points out that member states could hardly have wanted to violate their own constitutional norms by becoming members of the then European Economic Community (EEC).

The same reasoning could apply in CARICOM. Furthermore, given the centrality of the individual in the Caribbean integration movement, and the aim of the 2007 conference decision to enhance the sense that nationals belong to, and can move within the Community, it makes sense to afford those individuals protections they would have under national laws.

To this extent, the court’s reluctance to expand its case law by incorporating human rights as a principle of Community law is regrettable. It is, nevertheless, important to note that the court recognised that it could use international human-rights principles to resolve a case “properly brought in its original jurisdiction” since it has the power to apply “such principles of international law as are applicable” in adjudicating cases under the RTC. Unfortunately, the court did not indicate how such a claim could have been properly brought. Indeed, some observers of the court’s original jurisdiction decisions were of the view that if the facts of the Myrie case were proved, there would have been a clear basis on which to include human rights into Community law.

A possible rationale for this reluctance could be that the court prefers to build its jurisprudence incrementally. According to this view, since a basis could be found within the existing contours of the treaty, and there is clearly established case law to remedy the harm found to have taken place, there was no need to go further at this point in time.

Such an approach commends itself to those who favour judicial minimalism, that is to say, people who believe in solving a current problem without trying to decide how all such future problems should be handled.

For others, where the dignity of the individual is affected, minimalism is not enough. Only a clear expression of the importance of respecting these rights can suffice. Perhaps more will be done in future cases.

Jeffrey H. Foreman is a first-year student at the Norman Manley Law School. Email feedback to columns@gleanerjm.com and foreman. jeffrey@gmail.com.

CARIBBEAN COMMUNITY SECRETARIAT STAFF VACANCY Applications are invited from interested and suitably qualified nationals of the Caribbean Forum (CARIFORUM) of African, Caribbean and Pacific (ACP) States and Associate Members of the Caribbean Community to fill the following with assigned duty station in Guyana: (i)

Trade in Goods Specialist, EPA Implementation Unit, CARIFORUM Directorate

Full details of this position may be obtained by accessing the following web sites-www.caricom.org; www.caribank.org; www.oecs.org; www. crnm.org and www.caribbeanjobsonline.com.

Applications in English Language with full curriculum vitae details, including nationality, work experience, educational qualifications and/or expertise, language proficiency, coordinates (including email addresses) of three referees (at least two of whom must be familiar with the applicant’s work), and other relevant information, should be addressed to the Executive Director, Human Resource Management, Caribbean Community Secretariat, Turkeyen, Greater Georgetown, Guyana and sent by email to applnhrm@caricom.org.

The deadline for the submission of applications is 3 November 2013.

Friday, October 18, 2013

Page g 7

Modern day slavery ...cont’d. from page 5 Dominica ranked highest for an all time high”.

According to the report, Haiti has an estimated 200,000 to 220,000 people living in such conditions, the average of which represents just over two per cent of its 10.2 million population.

In Haiti, the report noted that the system of forced child labour known as “restavec” encourages families to send their children to wealthier families with more resources, which often results in children being exploited or at risk of abuse.

The report states that some are “captured or kidnapped before being sold and exploited whether

through a ‘marriage’, or unpaid work, on fishing boats or as domestic workers, many of who enticed into the work by deception and false promises of a good job or education”.

The report noted that an estimated 30 million people are enslaved worldwide, trafficked into brothels, forced into manual labour, victims of debt bondage or even born into servitude.

“Today some people are still being born into hereditary slavery, a staggering but harsh reality, particularly in parts of West Africa and South Asia,” the report said.

Mauritania, Haiti and Pakistan rank among the countries with the

geothermal development

highest prevalence of modern slavery, the report said.

Walk Free Foundation was founded last year by Australian mining magnate Andrew Forrest.

Its index was endorsed by leaders including former US Secretary Hillary Clinton, former British Prime Minister Tony Blair and Microsoft Corporation co-founder Bill Gates.

In a statement, Mrs Clinton urged world leaders to view the index as a call to action “I urge leaders around the world to view this index as a call to action, and to stay focused on the work of responding to this crime,” she said.

ROSEAU, Dominica -- Dominica has been recognized as being the lead among Caribbean countries in efforts at developing geothermal resources as an alternative to fossil fuels.

Dominica’s minister for public works, energy and ports, Rayburn Blackmore made reference to this when he addressed an energy forum on Monday.

Blackmore, who represented Dominica at the Caribbean Renewable Energy Forum in Aruba last week, said Dominica was ranked in the number one position that will be able to generate inter- over the Caribbean region to ensure “But, we need to create emamong CARICOM member est and motivation in the youth to that they willingly go outside there ployment for our people. We [are] participate actively and successfully and disseminate the information in tired [of] creating employment for in agricultural production,” he said respect to agriculture in the region.” the developed countries. Therefore, in reference to discussions of the Walter said there is a need to it is important that we put indusCOTED meeting. establish industrial pacts to reduce trial pacts in place in our respective cont’d. from page 3 He further said a lot of misin- the export of raw agricultural pro- countries to be able to generate formation exists about agriculture. duce and increase value. employment and economic activities membership to the treaty. And, “Hence, it is very important “We have to find innovative in our respective countries,” he said. importantly, the Myrie case, as Caribbean Week of Agriculture have the handful of others brought that the media comes on board with ways,” he said, adding that he us, that the media is sensitive in rela- was impressed when he saw in 2013 was held under the theme under its original jurisdiction, tion to agriculture and the benefits Guyana the number of value-added “Linking the Caribbean for Regional suggests the willingness of the that can be derived from agriculture. products from cassava and other Food and Nutrition Security and court to hold governments to their “So, we want to work coop- fresh produce.

Rural Development.” undertakings and responsibilities. eratively with the media houses all This is important, given the proclivity of the Jamaican Small Ruminant Slaughter Facility-Brades Montserrat private sector, as well as the Opposition Jamaica Labour Party, Invitation for Pre-Qualification of Building Contractors to bleat about supposed discriminatory trade practices by other Your firm is invited to pre-qualify for tendering on the proposed Small Ruminant states, especially Trinidad and Slaughter Facility project.

Tobago. Yet, they fail to utilise This project includes the construction of a one storey reinforced concrete the mechanisms offered by the

Modernize agriculture...cont’d. from page 3

states for diversifying its energy resources to renewable.

“We had a ranking of member states within the CARICOM catchment and Dominica was ranked number one as having a clear road map to diversifying its energy resources, in Dominica’s case geothermal,” he said.

“At that forum investors and stakeholders were presented with a clear view of the plan of the government to develop the geothermal sector. At the end of the day all the member states’ programmes and initiatives were looked at and Domi-

nica was ranked number one because it was felt that the government of Dominica has been able to lead the way in providing a clear road map for the short term, medium and long term development of that sector.”

“What they are saying is that Dominica has presented a case that can be used a reference point for other countries to follow,” the minister explained.

In 2003 and again in 2008, the government of Dominica commissioned studies in the Roseau Valley catchment area to ascertain cont’d. on page 8

Myrie case lessons

and masonry structure designed to house Montserrat’s new slaughter facility in lower Brades, next to the MUL storage warehouse. The facility includes office & staff areas, cattle and small ruminants slaughtering areas, cold storage units plus two holding pens. The total floor area is approximately 3900 square feet. External works include driveway & parking areas, building access ramps, drainage and landscaping.

All documents required for prequalification as described in the attached document must be submitted in printed hard copy and also via email to the BNTF Project Manager at the address below: Mervin Browne Project Implementation Unit Little Bay Montserrat Email address: brownem@gov.ms Electronic copies must also be sent to: George Yearwood Operations Officer CDB Email address: yearwoodg@caribank.org The deadline for submission is 12.00 noon, Wednesday, October 30th, 2013.

This project is funded by the Government of Montserrat and the Caribbean Development Bank, as part of the Basic Needs Trust Fund Sixth project.

Signed : __Mervin Browne__________________________________ Mervin Browne Project Manager

treaty, including the CCJ in its original jurisdiction, to invigilate their claims.

Additionally, the Myrie case should be an incentive for Jamaica, which contributed US$26 million for the establishment of the court, to go all the way to the CCJ. Not only has its jurisprudential quality proved sound, but the itinerant manner in which the case was handled suggests a greater accessibility to all citizens if it were the final court on criminal and civil matters than is available at the Privy Council based in the

United Kingdom.

See also: For every Caribbean National - CCJ, no human rights jurisdiction? http://jamaica-gleaner.com/ gleaner/20131013/focus/focus2. html FULL TEXT OF JUDGEMENT IN SHANIQUE MYRIE CASE Barbadostodayonline http://www.barbadostoday. bb/2013/10/04/original-jurisdiction-ccj-application-no-oa-2-of2012-between-shanique-myrieclaimant-and-the-state-of-barbados-defendantand-jamaica2013-ccj-3-oj-judgment/

CARIBBEAN COMMUNITY SECRETARIAT STAFF VACANCY Applications are invited from interested and suitably qualified nationals of the Caribbean Community (CARICOM) Member States and Associate Members of the Caribbean Community to fill the following position (funded by the Global Fund) with assigned duty station in Guyana: (i)

Strategy and Resourcing Officer, PANCAP

Full details of this position may be obtained by accessing the following web sites-www.caricom.org; www.caribank.org; www.oecs.org; www. crnm.org and www.caribbeanjobsonline.com Applications in English Language with full curriculum vitae details, including nationality, work experience, educational qualifications and/or expertise, language proficiency, coordinates (including email addresses) of three referees (at least two of whom must be familiar with the applicant’s work), and other relevant information, should be addressed to the Executive Director, Human Resource Management, Caribbean Community Secretariat, Turkeyen, Greater Georgetown, Guyana and sent by email to applnhrm@caricom.org.

The deadline for the submission of applications is 3 November 2013.

Page 8

Friday, October 18, 2013

www.themontserratreporter.com

MCC conducts Keswick with success for the week

The Montserrat Christian Council (MCC) once again celebrated a ‘Keswick’ Retreat beginning Sunday, October 13 ending tonight Friday 18, 2013. Keswick 2013 is being conducted under the theme “Building Community in Christ: Strengthening Our Christian Witness, the speaker delivering the sermon is Methodist Rev. Patmore Henry of Antigua.

The Keswick retreat brings together all the churches on island running from Sunday evening and every evening through Friday. The services opened

on Sunday afternoon at the Faith Tabernacle Pentecostal Church in Brades.

This year the MCC changed the program of services whereby on each day after Sunday, morning prayers and devotions were

Methodist Rev. Patmore Henry of Antigua

The following morning the service moved to the Beulah Pastor Toney Al- Pentecostal church in St. len of Brades Pen- Peters hosting the churches tecostal Church, of that area. That continued Montserrat throughout the island.

Each evening beginning at 7.00 p.m. the area that hosted the morning devotions led the evening service all held at the Faith Tabernacle Pentecostal Church in Brades, where the various churches of the particular area joined in leading the service.

The services were conducted in an ecumenical format of prayers, hymns songs of worship and praise, scripture reading, dedication of the offering, musical renditions, a sermon by Rev. Patmore, a response and hosted at a church in areas or reflection and closing with districts across the island. On the benediction.

The morning services Monday morning the prayers were not as well attended as were held at the Roman the evening services which Catholic St. Martin de Pores drew good attendance with church in Salem where memexpectation that the final bers of churches surrounding the Salem area attended. evening would be crowded.

Dominica geothermal cont’d. from page 7 the presence of geothermal energy resources.

Those studies, according to the energy minister, “confirmed that the potential for geothermal development was great”.

Based on those findings, Blackmoore said government is moving full steam ahead with its geothermal energy development project.

He said environmental impact assessment (EIA)

studies for the drilling of a production well in Laudat and a re-injection well in Trafallgar have been done.

“The EIA for the two full sized wells have been done. I have been advised there is a draft report to that effect so we have been able to execute that plan by way of precision, observing all the best practices that needs Dominica’s minister for pub- to be observed internationlic works, energy and ports, ally and for that I am very Rayburn Blackmore glad,” he noted.

He said further that actual drilling of those wells will commence at the end of October.

“The Icelandic company who will be doing the drilling has arrived in Dominica and towards the end of this month we will see the actual start of the drilling of the production wells,” he said.

The minister says the

construction of a 15 megawatt power plant in the Roseau Valley is expected to bring about a reduction in the price of electricity.

“We believe that in the first instance once we can get to the 15 megawatt power plant we will see a reduction of 15-40% in the light bills of consumers and it will be much easier for businesses

to really operate in Dominica and at the same time we will be pursuing our long-term goal to constructing a bigger plant of a 120 megawatts.

The government of Dominica has secured $31 million through grant funding in addition to 6.5 million Euros from the French government for the drilling of the two wells.