Nevis, West Indies. ?A Non-Tourist-Trap? Blog About Nevis.

Dr. Joseph S. Archibald, QC

Basseterre, St. Kitts – Nevis
August 24, 2010 (CUOPM)

Prominent Kittitian-born jurist, Dr. Joseph S. Archibald QC  has been re-appointed for a second three-year term as a Member of the CARICOM Regional Judicial and Legal Services Commission.

Chief Justice of the Caribbean Court of Justice, The Right Honourable Mr. Justice de la Bastide TC, QC  in his capacity as Chairman of the Commission, pursuant to the provisions of the CARICOM Agreement Establishing the Caribbean Court of Justice and the Commission made the appointment with effect from August 20, 2010.

The Commission appoints the Judges, and recommends the appointment of the Chief Justice, of the Caribbean Court of Justice. Members of the Commission, when travelling in the Caricom Region on Commission business, are granted privileges and immunities similar to those granted to Supreme Court Judges.

Dr. Archibald, a longtime resident of Tortola, British Virgin Islands, was jointly nominated by the Organisation of Commonwealth Caribbean Bar Associations and the Organisation of Eastern Caribbean States Bar Association as required by the CARICOM Agreement.

Dr. Archibald is an International Lawyer who was called to the Bar as a Barrister of Lincoln’s Inn in England fifty years ago in 1960 with a special Certificate in International Law; was appointed a Queen’s Counsel of the British Commonwealth thirty years ago in 1980; is a Member of the London Court of International Arbitrators; and is one of the three Patron Members of the Washington-based World Jurist Association.

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Basseterre, St. Kitts – Nevis
August 20, 2010 (CUOPM)

The Federation of St. Kitts and Nevis and the Kingdom of Morocco have agreed to examine ways and means to deepen the political dialogue and the economic, technical and cultural cooperation between the two countries and reinforced a partnership to meet the respective aspirations and ambitions of both Governments.

St. Kitts and Nevis Prime Minister Hon. Dr. Denzil L. Douglas held talks recently with the Minister of Foreign Affairs and Cooperation of the Kingdom of Morocco, His Excellency Mr. Taib Fassi Fihri during a visit on 12 of August 2010.

Minister Fihri conveyed greetings and a message of friendship to Prime Minister Douglas, who is also Minister of Finance, Sustainable Development and Human Resource Development from the Moroccan monarch, His Majesty King Mohammed VI.

A Joint Communique issued after the talks expressed the determination of the Moroccan Government to give new impetus to the two countries bilateral relations, following the establishment of diplomatic relations in 2007, with an emphasis on the socio-economic development of the Federation of St. Kitts and Nevis.

The areas of agriculture, micro-credits, tourism and human resources especially through professional and technological and vocational training and training of civil servants, were identified within the framework of the South-South cooperation.

The two officials expressed their commitment to the enforcement of an economic partnership revolving around the exchange of visits of economic operators.

The Minister Taib Fassi Fihri informed Prime Minister Douglas of the latest developments concerning the regional dispute on the Sahara which hinders the integration process of the Maghreb region.

Furthermore, the Moroccan Minister highlighted the international community’s support to Morocco’s autonomy Initiative under Moroccan sovereignty and reiterated the commitment of Morocco to the ongoing negotiations process in order to reach a just and definitive resolution to this issue.

In this respect and in order to promote the resolution process of this question by the Security Council, and to encourage the efforts of the UN Secretary General and his Personal Envoy to reach a political, definitive and mutually acceptable solution, the Government of the Federation of Saint. Kitts and Nevis, alike certain countries of the region, has decided to withdraw its recognition of the “sadr.”

St. Kitts and Nevis encourages all the parties to carry negotiations, on good faith, to maintain the momentum initiated by the Moroccan autonomy Initiative and to favor a political solution based on realism and on the spirit of compromise in conformity with the resolution of the UN Security Council, especially resolutions 1813 (2008) et 1871 (2009).

The two officials proceeded to an exchange of views on international issues and agreed to coordinate their actions in favor of a renewed cooperation between the African and Caribbean countries. They also agreed to work for maintaining and reinforcing a permanent and constructive dialogue between Morocco and the CARICOM, while reaffirming their joint contribution to the follow-up of the conclusions of the Morocco-CARICOM Conference, held in Rabat, Morocco, the 16th and the 17th of July 2007.

Dr. Douglas and Mr. Fihri reiterated their commitment to the multilateral trade system and they called for the conclusion of the negotiations on multilateral trade while always keeping the development notion at the core of the Doha Cycle.

The Minister of Foreign Affairs and Cooperation of the Kingdom of Morocco, Mr. Taib Fassi Fihri thanked the Government of the Federation of St. Kitts and Nevis for its testimonies of friendship and consideration expressed during his visit to Basseterre.

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Basseterre, St. Kitts – Nevis
July 26, 2010 (CUOPM)

A High Court Judge was told Friday that St. Kitts and Nevis Parliamentarian, the Hon. Eugene Alastair Hamilton, who admitted under oath that he is a Legal Permanent Resident of the United States, “has undivided loyalties with one foot in the United States and another foot in St. Kitts and Nevis and that is unacceptable under the Constitution of the Federation of St. Kitts and Nevis.”

“It demonstrates that he has not total patriotism to the country and that he has hinted or expressed some form of acknowledgement of obedience of adherence and allegiance to the United States of America,” said lead attorney Dr. Henry Stogumber Browne, who represents former parliamentarian and the St. Kitts-Nevis Labour Party candidate, Mr. Cedric Liburd in the January 25th General Election in St. Christopher 8.

Commenting following day one of the election petition trial before BVI High Court Judge Her Ladyship Justice Hariprasad Charles,  Dr. Browne told reporters that even though Mr. Hamilton was returned by the Returning Officer, the election petition was filed because on Nomination Day, January 15th 2010, he was not qualified to be elected.

“To be qualified to be elected, you must be qualified to be nominated,” said Dr. Browne.

He contends that in consequence that Mr. Hamilton on Nomination Day was the holder of a Permanent Resident Card (Green Card) in the United States of America, disqualifies him from standing for election within the provision of Section 20 (a) Subsection 1 (a) of the Constitution which prohibits anyone who by his own act and acknowledgement of any obedience, any adherence or any allegiance to a foreign Power or State is not qualified to be elected to pass laws for the people of St. Christopher and Nevis.”

“This is not a case of any two passports as many people seem to believe and as the other side appeared to have believed. The Constitution does not recognise any two passports as a basis for disqualification. The Constitution recognises that if anyone has an acknowledgement, any allegiance, any adherence, any obedience, to a foreign State or Power, he cannot be qualified to be elected. If you are not qualified to be elected, you cannot be properly nominated,” said Dr. Browne.

“The rationale is clear. You cannot have legislators in a country with divided loyalties. Your loyalty must be absolute to the patriotism of the country which you seek to govern and if that is not openly and pellucidly transparent, we say you are prohibited from standing for election to be elected as a legislator in this country. Your loyalties must not be diluted. Your obedience to the laws of St. Kitts and Nevis must be absolute and your adherence to the Federation of St. Christopher and Nevis must be permanent and absolute,” added Dr. Browne.

“You cannot have one foot in St. Kitts and Nevis and one foot in the United States of America by applying for and accepting Permanent Residence in the United States. It demonstrates half commitment. It demonstrates that when the going is good you stay and when the going is rough, you go. That is not acceptable under our Constitution,” said Dr. Browne.

He pointed out that the qualification is that one must have “total obedience, adherence and allegiance to the country in which you make laws, is age-old. It dates back to 1701 and it has run its course through the centuries and the framers of the Constitution have placed it in the Constitution because they felt it was worthwhile to deter those who think they can have divided loyalties and rule according to where they fortunes lie.”

Dr. Browne said there was certain information in relation to a second passport, but when it was satisfied that the evidence was not forthcoming “we thought it was our duty to inform the court that we will not pursue that, because we did not intend to go on a fishing expedition.”

Dr. Browne reiterated that the election petition case is not about two passports. It is he said whether under the relevant section of the St. Kitts and Nevis Constitution, by his conduct Mr. Eugene Hamilton has indicated an acknowledgement of obedience, allegiance, and adherence to a foreign State or Power.

“He is obliged to pay taxes in the United States of America. He is obliged to have Permanent Residence there. His family lives there. He has Permanent Resident status accruing rights onto him that are identical of the rights of United States citizens,” said Dr. Browne.

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