An interesting examination of the siphoning away of internet rights in America and the struggles faced by activists as protesting goes digital. While we may have secured the right to carry out forms of non-violent civic action, such as sit-ins, without facing jail time or police violence (MOST of the time; let’s not forget UC Davis), there is yet no legal precedent for approaching actions on the internet. As discussed in this letter, hacktivists holding the digital version of a sit-in (slowing traffic on the Pay Pal server for a few hours) are now facing serious criminal charges.

Regardless of experience (or lack thereof) with digital activism, Hammond’s words apply to any American who believes in the democratic principals of free speech, free information, and government accountability:

“We the people demand free and equal access to information and technology. We demand transparency and accountability from governments and big corporations, and privacy for the masses from invasive surveillance networks.”

Resource: Yap State News Brief/ February 21, 2013

SAIPAN, CNMI (Saipan Tribune) – In less than five hours yesterday, the Commonwealth of the Northern Mariana Islands saw the resignation of Benigno R. Fitial as governor and the swearing in of both former lieutenant governor Eloy S. Inos as the Commonwealth’s eighth governor and former Senate president Jude U. Hofschneider as his lieutenant governor. Like the impeachment, yesterday’s turn of events was unprecedented in Commonwealth history.

“These are very difficult and trying times and it is time to move on,” Inos, 63, said in his five-minute inaugural speech at a packed Pedro P. Tenorio Multi-Purpose Center in Susupe yesterday afternoon.

The change in leadership comes 15 days before Fitial was supposed to face trial at the Senate, at a time when tourism is on the uptick although the overall economy has yet to finally rise from its lowest ebb, coupled with troubled healthcare and pension systems.

Supreme Court Chief Justice Alexandro Castro administered the oath of office to Inos, while Superior Court Presiding Judge Robert Naraja swore in Hofschneider in a solemn ceremony that took only a little over three hours to organize.

The inauguration, which lasted only 28 minutes, made Inos the first CNMI governor to come from Rota and Hofschneider the first lieutenant governor from Tinian. The House speaker and the new Senate president are from Saipan. Inos and Hofschneider are also both unmarried at this time.

Inos, a former Finance secretary, said there will be “no overnight fixes” but that his administration is committed to work with the CNMI’s leaders and the people “to find sensible solutions” to critical issues such as the economy, healthcare, utilities, and the NMI Retirement Fund.

Hofschneider, 42, said in his two-minute inaugural speech, that he stands ready to assist Inos in addressing the challenges ahead.

“Now more than ever is the time for our three branches of government, our business community, and the people of our islands, to work together as we pave the way to a more successful and prosperous future,” he said.

Before taking his oath as lieutenant governor, Hofschneider held an emergency Senate session to, among other things, accept Fitial’s last communication and bid his farewell to his colleagues he has worked for years. But he said the working partnership will continue.

Fitial personally handed his resignation letter to Inos at 9:40am yesterday, a day after he was served a writ of summons to appear before the Senate and answer the 18 articles of impeachment against him.

The 18th House of Representatives impeached Fitial on 18 charges of corruption, commission of felony, and neglect of duty. His impeachment trial at the Senate was supposed to start on March 7.

“Let me be clear. I am prepared to present an aggressive defense to the allegations forwarded to the Senate from the House of Representatives. None of the allegations in the House report is an impeachable offense,” Fitial said in a statement.

Fitial is the first governor in the CNMI and any U.S. insular area to be impeached.

His resignation-the first for any sitting governor in CNMI history-took effect at 10am yesterday.

Minutes after Fitial went to Inos’ office, press secretary Angel Demapan hand-carried Fitial’s resignation letters to the offices of House Speaker Joseph Deleon Guerrero (IR-Saipan), main author of the impeachment resolution, and Hofschneider.

Inos said in his remarks, based on a bullet-point draft, that Fitial didn’t ask him to go to the former governor’s office.

“He came to my office. In a very humble manner, he presented me a letter. And I asked him, what was that for? What’s the letter about? I looked at it and the first time I saw it.I almost fell off my chair,” said Inos.

Inos and Fitial have decades of friendship. That relationship had been strained in recent years over personal and political issues. Inos is currently the titular head of the Covenant Party, which Fitial formed for his first gubernatorial bid. Fitial rejoined the Republican Party and is again its president.

“I did not expect the governor to do what he did but the letter simply says the time has come for him to step down and it is in the best interest of the Commonwealth community that he did that because he wants to bring people together and so we can move forward,” Inos said.

When asked whether Fitial will have a role in his administration, Inos said “no.”

Both Inos and Hofschneider thanked Fitial for his years of service to the CNMI. They wished him the best and for his health to improve. They also thanked their families, friends, colleagues, and the CNMI people.

Fitial said his resignation was not only about legal considerations but also personal ones.

“I am 67 years old and not in good health. I need medical attention that has time and again been sacrificed to emergencies here in the Commonwealth. I want to be here for my children and my grandchildren. And I especially want to be here for my wife Josie, who has made great sacrifices to sustain me while I held office. I need to go to the mainland for my health,” he said.

Speaker Deleon Guerrero said “the real work now begins,” referring to tackling pension, healthcare, utilities and economic issues.

“Let’s move forward. I hope we can begin the process of healing now. It’s a tumultuous period. I hope we can put it behind us now and move on. We seek the public’s help and patience as we begin to make hard decisions,” Deleon Guerrero told Saipan Tribune.

In the 17th Legislature, Fitial’s allies in the House leadership blocked Deleon Guerrero and other members’ impeachment resolution. However, voters wiped out almost all of Fitial’s candidates in the Nov. 6 mid-term elections, paving the way for most pro-impeachment candidates to win and introduce another impeachment resolution in January.

House Vice Speaker Frank Dela Cruz (IR-Saipan) referred this reporter to his Jan. 14 inaugural speech that created a buzz in the House gallery at the time when he said he’s committed to working with all the stakeholders such as the Senate, the Judiciary, “and more importantly, the new administration.”

“It’s something I felt would happen, and it happened. We have a new administration,” he said.

Delegate Gregorio Kilili C. Sablan (Ind-MP) thanked Fitial “for deciding to save all of us the trouble from what would have been a lengthy trial at the Senate.”

“I know this was not an easy decision for him to make but he decided that stepping down was the right thing to do. And for that, I am grateful. I wish Gov. Inos and Lt. Gov. Hofschneider the best as they take on their new positions. And I give them my personal assurance that I will help where I can,” he said.

Former Senate president Paul Manglona said, “It’s a new day for the CNMI.”

“People are very hopeful and excited now that the governor stepped down. I just wish he could have done it a long time ago. This is also a lesson for present and future leaders that when you hold public office, you have to be accountable. This is the beginning of a new era in the CNMI,” he said at the inauguration.

Rep. Tony Sablan (IR-Saipan), chairman of the special committee that reviewed the impeachment resolution in the 18th Legislature, said that yesterday was “something historic” but there’s a lot of work to do to be where the CNMI needs to be.

Resource: Yap State News Brief/ February 21, 2013

Part one of this pay-to-play series exposed how the Jefferson County Public Schools Board of Education (JeffCo BOE) violated its own policies at its January 17th BOE meeting and awarded a $4 million contract to one of the largest “Yes on 3A/3B” campaign donors without offering a competitive bidding process.

Well, it’s waste not, want not for JeffCo. At their subsequent BOE meeting last Thursday night, JeffCo BOE approved the award of another no-bid, pay-to-play multimillion dollar contract. This time, Saunders Construction was awarded a $3.6 million contract on a four to one vote, with school board member Laura Boggs, the only dissenting vote, demanding more transparency.

Saunders Construction was one of the largest donors to the 2008 “Yes on 3A/3B” campaign; in fact, they have contributed over $158,125 to mostly school bond issues since the year 2000.  Board President Lesley Dahlkemper revealed that a Saunders executive also contributed to her 2011 campaign.  Have they no shame?  Nope.  Why should they?  Nobody showed up to speak out against their last act, so why not do it again?

Just like before, this item was originally placed on the special superintendent’s consent agenda.  This month, however, it was removed and put on the discussion agenda to be voted upon separately.   This might explain why people are unaware.  Superintendent Cindy Stevenson took the additional discussion time to attempt to justify both of these recent pay-to-play contracts.  Dr. Stevenson incredulously claimed that the no-bid process would save the district money.   Only a politician could believe that a lack of transparency and a lack of competition would yield a more competitive price.

“The JeffCo voters having just approved a $138 million tax increase deserve more transparency and accountability than what we are currently witnessing,” said Sheila Atwell, Executive Director of JeffCo Students First.

JeffCo citizens deserve better.  It is reasonable to expect that such acts will continue until citizens start showing up to the BOE meetings and demanding transparency and accountability.

The next regular school board meeting will be held Thursday, March 7th at the Jeffco Education Center located at 1829 Denver West Drive, Golden 80401 Bldg. #27.  The meeting will start at 6pm on the fifth floor.  The email for the Jeffco board is board@jeffco.k12.co.us

[BBC] China media: Housing law anger

19 February 2013 Last updated at 00:42 ET

Resource

Property-related corruption cases have been in the spotlight recently

 

 

Media outlets criticise controversial measures taken by authorities in several cities to protect the privacy of homeowners amid concerns that the new rules could shield the ill-gotten assets of corrupt officials.

Authorities in Guangzhou in Guangdong and Yancheng in Jiangsu have introduced rules stipulating that a homeowner’s consent must be obtained before anyone can run searches on their property.

In Zhangzhou in Fujian, government staff who make property ownership information public may face criminal charges.

“Rather than protecting privacy, many outraged netizens suspect the new regulations will merely help to hide illegal wealth amassed by corrupt officials,” Hong Kong’s South China Morning Post reports.

China has been hit by a series of housing scandals involving officials and bankers using multiple identities to amass property.

Zhou Weisi, a Shenzhen official nicknamed “House Uncle”, was arrested earlier this month for alleged bribery and amassing 2bn yuan in assets, including villas and luxury cars, Beijing Times reports.

Last month, Gong Aiai, a former bank executive known as “House Sister”, was charged with allegedly using multiple identities to buy 41 properties in Beijing.

Global Times backs the new privacy measures but notes the Chinese public’s fierce aversion to corruption.

“These new regulations have clashed with public anger of ‘House Uncle and House Sister’ and it is hardly surprising that they have brought negative feelings that are at odds with the policy’s objectives,” the Global Times comments.

China Youth Daily says that if the authorities immediately made public the alleged assets of “House Uncle” and other officials, internet users would feel less inclined to conduct online witch-hunts known as “human flesh engine searches”.

“The deliberate evasiveness of government departments towards the public’s keen desire to combat corruption and their deaf ear towards public demands for ‘public information on officials’ property’ have resulted in public fears that the ‘government is shielding corrupt elements’,” China Youth Daily adds.

Beijing Institute of Technology Professor Hu Xingdou tells Hong Kong’sOriental Daily News that “interest groups” are doing everything possible to cover up corruption and stop authorities “beating tigers” or going after high-ranking officials.

Prof Hu calls the move a “step backwards” and “open resistance against the central government’s anti-corruption initiatives”.

“The best solution to resolve this conflict is of course to promote a system for making government officials’ property public,” The Beijing Newscomments.

People’s Daily says public concerns can be allayed by stricter checks on civil servants “owning property from unknown sources”.

Match-fixing

Meanwhile, China’s biggest sports corruption crackdown has ended after 33 people including players, referees and officials were banned from football for life and 12 football clubs fined for alleged match-fixing, The Beijing News reports.

Shanghai Shenhua have been stripped of their 2003 league title. It is among the 12 clubs fined for alleged match-fixing and to have six points deducted from next season’s campaign.

But internet users and sports commentators criticize the penalties as being “too soft”, People’s Daily and China Youth Daily report.

“I personally think the punishment is not enough. It is regretful that no clubs were relegated this time,” Xu Jiren, sports head of Xinhua News Agency, is quoted by China Daily as saying.

Turning to international news, a Chinese foreign ministry spokesman denies a Reuters news agency report that North Korea told China that it is prepared to carry out more nuclear tests, Xinhua reports.

Global Times says Chinese government ships ignored Japanese coast guard warnings when patrolling 1km from disputed islands called Diaoyu in China and Senkaku in Japan yesterday. Japan protested to the Chinese ambassador over the incident.

Xinhua and the People’s Daily Overseas Edition condemn authorities in Okinawa for including the disputed islands in Japan’s application for Unesco World Natural Heritage status for the Amami and Ryukyu Islands.

People’s Daily, Global Times and Liberation Daily accuse Indian and Western media of scaremongering about a “China threat” after Pakistan officially handed over the operations of Gwadar Port to a Chinese enterprise yesterday.

‘Chat chick’

Back in China, many internet users complain of enjoying no paid leave despite Xinhua’s reminder that the public are entitled to 115 days off a year from weekends and statutory holidays, roughly one-third of a year.

China Daily says many private sector staff only get limited paid leave from work and some miss out on paid leave altogether.

Despite bumper harvests in recent years, officials and experts warn that China’s grain security still faces potential risks as over 35m metric tonnes of grain are wasted each year from poor storage and transportation,Global Times and China Daily report.

A local environment official tells China Daily that nitrogen-containing particles in Beijing’s air similar to toxic smog in London and Los Angeles in the 1950s are within a “normal range” and should not set off alarm bells.

However, one think-tank expert warns New Express of worsening air pollution caused by higher levels of nitrogen-containing compounds in the southern Pearl River Delta compared to northern or eastern coastal regions.

Southern Metropolis Daily says officials must take action to clean up a polluted local river in Rui’an in Zhejiang province after entrepreneur Jin Zengmin offered 200,000 yuan (32,000 dollars) to any environment official willing to swim in the river for more than 20 minutes.

And finally, an auto-chatting “chick” on social networking website Renrenis the latest fad to trigger concerns about introversion and online addiction among youngsters, Guangzhou Daily reports.

“Anyone can post a message to which the ‘chick’ will respond with its smart while mischievous replies… It understands the latest news events, hot words and even dirty jokes, which it actually learns from online followers,” says Xinhua.

BBC Monitoring reports and analyses news from TV, radio, web and print media around the world. For more reports from BBC Monitoring, click here. You can follow BBC Monitoring on Twitter and Facebook.

The following documents and image are from the facebook page, Yap’s Development. Thank Mrs. Martina Gisog for uploading the documents. Thank Mr. Henry K. O. Norman for providing the map.

About the Image (from Mr. Henry K. O. Norman): To better see the “lay of the land,” I superimposed the border of the surveyed Gagil area (that Martina posted yesterday) onto a USGS topographical map. Recalculating the size of the “parcel” using the USGS scale yields ~ 440 acres (data source: http://goo.gl/tqrlb).

Image Resource

Timeline for the Suverying Alpagal ni Tayid:

8/17/12:  Someone started to fill out the Survey Application for Alpagal ni Tayid

9/10/12: Mr. Andrew Yinnifel, on behalf of Gachpar Village, wrote to the chief of the Land Resources Division, authorized land survey in Alpagal Ni Tayid in Makiy. (Mr. Andrew Yinnifel’s letter)

11/20/12: Mr. Peter Beyan signed the Survey Application as the representative.

11/21/12:  Mr. James Rigoogag signed the Survey Application as the representative.

11/23/12: Mr. Leo Figir signed the Survey Application as the representative. 

11/27/12: Mr. James Rigoogag signed the Survey Application as the  Village chief. Mr. Francis Fithingmow signed the Survey Application as the Municipal Chief.

12/19/12 : Both Survey Application  for Alpagal ni Tayid and Mr. Andrew Yinnifel’s letter (representing the Gachpar Village) were received by the Division of Land Resources, Department of Resource & Development, Yap State Government.

1/05/13: Mr.  Public Announcement started sometimes around 1/05/13 and will end 2/19/13.

2/1/13: Mr. Leo Figir wrote to Division of Land Resources to void his own signature on the survey application. (Mr Leo Figir’s letter)

Related Documents:

Alpagal map  (Resource)

Alpagal ni tayid: Mr. Andrew Yinnifel’s Letter (Resource)

Alpagal ni tayid: Land Survey Application (Resource)

Mr. Leo Figir’s Letter  (Resource)

[BBC] Ex-Maldives president takes refuge at India embassy

By Olivia Lang BBC News

13 February 2013 Last updated at 13:57 GMT

Resource

Mr Nasheed won the country’s first democratic elections in 2008

 

Former Maldives President Mohamed Nasheed has taken refuge at the Indian High Commission in the capital, Male, after a court ordered his arrest.

Police have been deployed near the building, as dozens of supporters protested against the charges.

An aide said Mr Nasheed would remain at the embassy until an agreement was reached with the government.

The Maldives was thrown into turmoil in February 2012 when Mr Nasheed was ousted in what he says was a coup.

A magistrate ordered his arrest on Wednesday, saying Mr Nasheed failed to attend a court hearing on charges of illegally detaining a judge during his time in office.

Mr Nasheed had accused the judge of deliberately obstructing investigations of political figures linked to a previous government.

Arrest orderEva Abdulla, an MP and relative of Mr Nasheed, said the trial against him was politically motivated and designed to prevent him from running in elections later this year.

“They will go to any lengths to eliminate him from the ballot,” she said, speaking from the embassy.

Mr Nasheed’s Maldivian Democratic Party has called for demonstrations

She told the BBC the former leader was in talks with the Indian High Commissioner. She said could not say how long he would stay there, but that it would at least be overnight.

Police say they are on orders to arrest Mr Nasheed but will not enter the building.

“We have received the [arrest] order and we will be trying to carry it out in accordance with the Maldivian constitution and the order itself,” spokesman Hassan Haneef said.

Mr Nasheed swept to power in 2008 after winning against President Maumoon Abdul Gayoom, who ran the archipelago autocratically for 30 years.

He claims he was forced to quit under duress after soldiers and police mutinied and overran the party’s headquarters in Male.

But his successor, Mohamed Waheed Hassan Manik, who had been serving as his vice-president, insists that Mr Nasheed left of his own accord after opposition-led protests.

 

Resource

More on This Story

The following post was authored by Mr. Henry K. O. Norman, publicized on the facebook page, Yap’s Development. We highly recommend all the people in Yap to take time read this article.

Resource

Some of you may have wondered, “Why are high profile sports figures getting so much money from contracts with sponsors?” (recent case in point: Golfer Rory McIlroy signed a $250,000,000 contract—two hundred fifty million dollars (!), over ten years—with Nike Golf (http://goo.gl/7TIOj))?

The reason, of course, is that Nike Golf figures that they will make A LOT MORE than what they offer Rory, by having his name on their roster (AAMOF, Nike projects a revenue of $28-$30 billion by 2015… )! Surely, it makes (some kind of) sense that, since Nike Golf stands to make billions of the resource “Rory McIlroy,” it is only proper that the resource generating this windfall (Golfer McIlroy) should be well compensated!

So, one might ask, what has this got to do with leasing Wa’ab land to ETG?

The answer is: Everything!

If ETG stands to make billions of dollars utilizing the land resources leased to them by YOU, it is only proper that the owner of that resource—YOU, and your descendants—is WELL COMPENSATED for generating those billions!

In the best interest of you and your family, for GENERATIONS to come, I would strongly advise you to make sure—and as the owner of the desired resource, you CAN AND SHOULD DICTATE the leasing terms—that some or all of the following is clearly spelled out in the Leasing Contract (and make sure that the “you” in the contract carries over to your heirs/descendants in perpetuity):

#1) COOPERATE. Form an alliance of ALL Wa’ab land owners that intend to lease their land to ETG. United, you will be STRONG (divided, you will be WEAK: the ETG lawyers are the best that Yuan can buy…)

#2) Make sure that you are a listed as a PARTNER in the venture that the land will be used for (this is recommended by your trusted Yap State Department of Resources and Development: “making landowners partners or shareholders of projects is viewed as the most appropriate arrangement for utilization of land.” (quote from http://yapdevelopments.org/?page_id=16, Section IV, Land Ownership and Availability Including Mortgages and Leases).

#3) Make sure that the Leasing Contract includes a clause that gives you (in ADDITION to the lease fee itself) a PERCENTAGE OF THE PROFITS made by ETG/OPP as a result of being given the privilege of using YOUR land! Something like “25 cents per visitor per month” or “x% of the gross income made by ETG/OPP”—You get the idea… Have it “iron clad” by consulting with a GOOD lawyer, well experienced with Land Lease issues (the expense will be a Good Investment on your part!).

#4) Do the math: One percent (1%) of $1,000,000 is $10,000 (and in the Rory/Nike case cited above, Rory’s $250 million is less than 1% of 30 billion). By 2023, ETG projects a yearly revenue of $1,000,000,000: ONE HALF percent (0.5%) of this is $5,000,000. Make sure this is divided fairly between ALL that leased their land, prorated in accordance with the size of the area leased). Be reasonable—if ETG/OPP makes a bundle, as land owners you are all ENTITLED to a fair share of that bundle.

You (and your heirs!) will kick your butt forever if you, in the future, will have to endure seeing ETG/OPP making truckloads of cash, and all you get out of the deal is a measly monthly rent!

If the ETG negotiator balks at this, or otherwise disagrees: WALK AWAY! If they need your land, they will come back later, pen in hand. YOU have the strong position, with considerable negotiation leverage! Guaranteed.

Last, but not Least: Good Luck! You will need it… These ETG folks are SHARP… Please do not allow yourself to be taken for some proverbial ride! As they say in California: Don’t take any wooden nickels!

Resource

“Other areas are like duck feet paddling beneath the surface,” McDermott said. “You may not see them, but they are moving.”

via Has Obama Kept His Open Government Pledge? – Muncie Voice.

Mark Reinhardt-Boise Idaho

During the 2011 Idaho State Legislature. Those associated with the Occupy Boise Movement had recorded a House State Affairs Committee hearing. Later, prompting the Legislature to post a sign barring citizens from recording hearings, unless they were media credentialed by the state.
State Affairs was holding a hearing on House Bill 404, legislation put forward by the now current Speaker of the House, Scott Bedke.

Internet recordings were not just an issue with the Occupy Boise movement. A hidden camera investigation by this blog was being conducted in relation to access under the Americans with Disabilities Act. Prompting backlash from the Idaho Department of Administration and Allied Barton Security Services.

Hidden video recording of Idaho State Security contractor on Americans with Disabilities Act issue at Statehouse

Video of Security encounter relating to ADA inquiries

http://acousticfreeze.wordpress.com/2012/04/07/occupy-used-as-excuse-to-bar-disabled-people-from-democratic-process-in-idaho-statehouse/

http://acousticfreeze.wordpress.com/2012/12/18/newsbreak-u-s-department-of-justice-punishes-the-state-of-idaho-for-violations-of-the-americans-with-disabilities-act/

Permission to film, can vary from committee chair to committee chair.
Idaho Joint Finance Appropriations Committee Chairman Dean Cameron had given his permission for this blog to film. As long as, I did not disturb committee proceedings, he had no problem with it. Stating that we do the Public’s business, the public’s business should be open. Then Chair of the Idaho State Senate Health and Welfare Committee, Patti Anne Lodge. Had appeared agitated, and adamant after being asked permission, stating, “You will not record in my committee!” Further explaining that I could watch the hearing on the Idaho Public Television website, as it happened.
In the Idaho Statehouse, four rooms are equipped with Live video feed equipment for livestreaming.

The West Wing Auditorium (WW02)
The Joint Finance and Appropriations Committee hearing room
House Chambers
Senate Chambers

http://idahoptv.org/

http://www.youtube.com/user/idahocapitol

An embeddable player is also included for each of these rooms.

All other hearing rooms are only equipped with audio equipment for livestreaming. Archives of the feeds are only available for seven days according to the contract between Idaho Legislative Services and Idaho Public Television.
After which, the archives of those hearings are destroyed pursuant to the contract. When elected as Speaker of the Idaho House of Representatives. Speaker Bedke, had told NPR affiliate Boise State Public Radio. That his role was to make sure the process works, meanwhile, the State of Idaho currently ranks 47th in State Government transparency.

Between freshman legislators and concerned citizens, transparency is now one of many issues being addressed at the Idaho Statehouse.

Resource 

FSMIS (February 13, 2013): On February 1, after a series of consultative meetings with Yap State leaderships, traditional leaders, the private sector and NGO’s regarding the Chinese ETG investment proposal, President Manny Mori shared with Governor Sebastian Anefal and the Yap State Legislature a document on what transpired at those meetings with recommendations.

ETG stands for Exhibit and Travel Group, a Chinese business with overseas investments and operations.

President Mori indicated to both Governor Anefal and the Yap State Legislature that moving forward with the scaled-back ETG investment would be in the best interest of Yap State and the Federated States of Micronesia (FSM). However, he stressed that the decision to allow ETG to proceed rests with Yap State.

The President decided to take on the consultative meetings in mid-January in hope that conclusive leadership decisions can be achieved soon enough. He said in his meeting report, “because of the current impasse and the lack of a clear understanding of the role that the national government has in terms of foreign direct investments, I though it is incumbent on me, as President, to address the issues directly with the concerned parties and see how I can bring their divergent views together towards a more accommodating and acceptable alternative”.

In the same report, President Mori stated that the initial ETG investment interest in Yap was to include the construction of 10,000 room hotel facilities, golf courses, casinos, a convention center and other “entertainment support facilities”.

“I must say that I also have concern about the initial scale of the project”, the President highlighted before saying that the investment plan has been dramatically reduced so that no golf course and casino will be included and that only 1,500 hotel rooms will be constructed. He went on to say that further demands for scaling back and restrictions on the investment may not be financially viable for ETG, risking cancellation of interest altogether by the Chinese investors.

In terms of economic benefits, the President envisioned increase in tax revenue from various ETG-related infrastructure constructions and creation of new services and jobs. It is anticipated that tax revenues to Yap State resulting from the ETG investments will be even greater if the proposed Value Added Tax scheme is implemented.

President Mori spoke of the lack of information and the unanswered worries by the general public as complicating situations. He encouraged the leadership and ETG to engage the people as far as providing details and transparent information to cast away misunderstanding and create openness. He also spoke against providing wrong information as doing so will only provoke ill feeling toward investment and development in general.

Other issues that were commented on by the President in his meeting report touched upon some impacts and their possible remedies in areas having to do with land issues, environmental protection and cultural way of life.

“This ETG tourism investment proposal may be one of the answers to our desire to bring about meaningful development to our islands. We may not see another opportunity like this ETG proposal in our lifetime especially if there are no legitimate reasons to reject the investment proposal at the scaled-back level”, President Mori wrote at the end of his meeting report.

The President’s ETG meetings report could be read entirely on the link below:
http://fsmpio.fm/egt_yap/etg_yap.pdf

Resource 

Resource: Yap State News/ February 12, 2013

SAIPAN, CNMI (Radio New Zealand International) — The Northern Marianas House of Representatives has impeached the Governor, Benigno Fitial, on a total of 18 charges of felony, corruption and neglect of duty.

Mr. Fitial, a Republican, is the first governor of any U.S. insular area to be impeached.

The impeachment process now moves to the Senate where a trial will be held.

If at least six of the nine-member Senate convict Mr. Fitial he will be removed from his post.

The articles adopted by the House include the unauthorised release of a prison inmate to allegedly give the governor a massage at his private residence early one morning three years ago.

Another issue is the governor’s commitment to a sole-source 190 million US dollar power purchase agreement with a Delaware based company.

Other charges include the awarding of a sole-source federal government management contract worth almost $400,000 and the failure to remove the former attorney general, Edward Buckingham, for legal violations and for frustrating attempts to have him served a penal summons.

Resource: Yap State News/ February 12, 2013, Radio New Zealand International

Resource: Yap State News/ February 12, 2013

BRIDGEVILLE, Pennsylvania (Center for Fiduciary Studies) — William N. Kostka, executive director of the Micronesia Conservation Trust has been awarded the Accredited Investment Fiduciary designation from the Center for Fiduciary Studies, the standards-setting body for fi3601.

The AIF designation signifies specialized knowledge of fiduciary responsibility and the ability to implement policies and procedures that meet a defined standard of care.

The designation is the culmination of a rigorous training program, which includes a comprehensive, closed-book final examination, and agreement to abide by the AIF Code of Ethics.

On an ongoing basis, designees are required to complete continuing education to maintain the AIF designation.

Kostka attended the second ever Asia based Fi360 training, which was sponsored by the Asia Pacific Association for Fiduciary Studies, and held at APAFS’s 12th Annual Pacific Region Investment Conference in Manila in November 2012.

The training was attended by 25 individuals from throughout Micronesia and the Philippines.

Kostka becomes only the third FSM citizen to hold the AIF designation.

Fi360 will hold the next Accredited Investment Fiduciary training immediately prior to the 13th Annual Pacific Region Investment Conference in Manila on Nov. 15 and 16, 2013.

Gerard Cruz, APAFS chairman said: “We are excited about once again hosting this prestigious, and badly needed, fiduciary training certification course once again. The response to the first course was truly overwhelming. Demand is already high for this year’s training, and as we can only accommodate 25 participants, I would encourage interested individuals to email us immediately at executivedirector@apafs.org.”

About William N. Kostka

William Kostka was born and raised on the island of Pohnpei, in the Federated States of Micronesia.

William Kostka

In 1998, he help found, and became the first board chairman and executive director of, the Conservation Society of Pohnpei, the leading local conservation NGO in the nation.

In 2002, Kostka also co-founded and currently serves as executive director of the Micronesia Conservation Trust, a charitable and irrevocable corporation organized to support biodiversity conservation and related sustainable development for the people of Micronesia by providing long-term sustained funding and capacity building support.

He serves as coordinator of the World Conservation Union- World Commission on Protected Areas Micronesia Program and also sits on the Pacific Advisory Panel of the Global Green-grants Fund.

In 2006, Kostka became a Pew Marine Fellow and used his fellowship grant to help launch and further the implementation of the Micronesia Challenge Initiative, a common commitment by the countries and territories of Micronesia to a comprehensive system of resilient protected-area networks.

This commitment will see at least 30 percent of the nearshore marine and 20 percent of the forest resources across Micronesia under effective conservation by 2020.

The Micronesia Conservation Trust was formally established by The Nature Conservancy in 2002 as a charitable and irrevocable corporation organized to manage and provide funds “to support biodiversity conservation, climate change adaptation and related sustainable development for the people of Micronesia by providing long-term sustained funding.”

It aims to:

• Raise community awareness about biodiversity conservation, climate-change adaptation and related environmental education programs

• Support the conservation of priority natural biodiversity resource areas

• Strengthen the ability of communities, community organizations, government agencies, conservation and development NGOs, and other appropriate organizations to conserve Micronesia’s biodiversity, adapt to climate change and sustainably manage its natural resources for the benefit of current and future generations

Resource: Yap State News/ February 12, 2013

[BBC] How serious is China on corruption?

By Celia Hatton BBC News, Beijing

28 January 2013 Last updated at 12:52 GMT

Resource

Xi Jinping reiterated the importance of fighting corruption

 

Even among China’s jaded internet users, this was big news: Li Jianguo, a Communist official operating at the very top of the party, was under investigation for corruption.

 

Mr Li, who serves as vice chairman of China’s parliament, reportedly engineered the promotion of his nephew to a plum government position.

In October, Mr Li was promoted to join China’s elite 25-member Politburo. Now, the Hong Kong media reports he has checked into a Beijing military hospital, suffering from stress.

If Chinese investigators are pursuing a case against Li Jinguo, he has good reason to be worried. China’s new Party leader, Xi Jinping, vowed to crack down on corruption in his first speech to the public in October and so far, he appears to be keeping his word.

Just last week, Mr Xi promised he would battle both “tigers” and “flies”, indicating that officials at all ranks were under scrutiny.

Li Xinde, an influential citizen journalist, was the first person to interview the whistleblower exposing Li Jianguo’s high-flying nephew. The fact that this case has been picked up by the authorities, he says, shows that things are changing in China.

“When Xi came into power, people were accustomed to ineffective anti-corruption campaigns,” Li Xinde explains.

“They’re usually characterised by lots of words and few actions, or ‘big thunder, small rain’, but this time, Xi’s speeches have produced real results.”

Li is a common surname in China and the two Lis are unrelated.

The blogger, Li Xinde, also points to a second case, the downfall of China’s “Housing Sister”, to underline the fact that this time, the Party is serious about tackling corruption. Gong Ai-ai is believed to have illegally purchased more than 20 units of China’s so-called affordable housing, building up a portfolio worth $159m (£100m).

Lei Zhengfu was sacked after a sex video was released exposing a blackmail scandal

 

“These cases were successful not only because Chinese internet users exposed them, but also because the Party acted so swiftly to deal with it,” Mr Li says.

All evidence, he says, that individual citizens are no longer working alone to expose corruption on a case-by-case basis. Instead, there is new hope that the system as a whole is becoming more transparent.

‘Edge of a knife’

More transparent, maybe. But the Chinese government won’t become clean up overnight. Chinese citizens are pressuring Xi Jinping to crack down on corruption or he could quickly lose their support. But if Mr Xi pushes his Communist cronies to give up the perks of power too quickly, he also risks losing the loyalty of those who keep him in China’s top job.

Another depressing point say campaigners: Xi Jinping rose through the same corrupt system as his hospitalised colleague, Li Jianguo. A Bloomberg investigation last year said that Mr Xi’s family have profited from their association to him, holding an estimated $376m in assets.

No assets were traced to Mr Xi, his wife or daughter, the investigation said, adding that there was no indication of wrongdoing by Mr Xi or his family or that he intervened to advance relatives’ business interests.

Needless to say, China’s anti-corruption campaign has a long way to go. In December, China fell to the 80th spot out of 176 countries rated for their perceived levels of corruption on the annual global ranking by Berlin-based NGO Transparency International. China scored 39 out of a possible 100 points, behind countries like South Africa and Italy.

Grassroots anti-corruption campaigners like Li Xinde and his colleagues still operate in a legal grey zone. Mr Li admits that he has to “dance on the edge of a knife” when writing about local officials, in case his efforts to battle corruption land him in hot water.

Just on Monday morning, Zhu Ruifeng, the blogger who publicised a sex scandal in Chongqing, was summoned to a local Beijing police station. In November, he released a video depicting a high-ranking official having sex with a young girl. That video exposed a blackmail scandal that lead to the eventual arrest of 11 high-ranking city officials.

When contacted by phone, a friend of Mr Zhu, surnamed Gao, told the BBC that Mr Zhu had been talking to police inside the station for hours. He was first visited at home by five uniformed police from Chongqing the night before, but refused to leave his home.

It was unclear whether Mr Zhu was being charged with any wrongdoing, though Mr Gao believed that Zhu was probably under pressure to release additional sex videos he had obtained from Chongqing. Those videos, Mr Zhu told us in November, protected him from persecution by the government because they depicted other Chinese officials engaging in sex.

The Chinese public’s thirst for blood in chasing corrupt officials could provide Mr Zhu with an even greater level of protection. Li Xinde says he has never seen Chinese citizens so determined to clean up the Party. This time, they won’t allow Mr Xi or his comrades to back down from their promises.

 

“Start Quote

The Chinese public’s thirst for blood in chasing corrupt officials could provide Mr Zhu with an even greater level of protection”

 

 

Related Stories

• China sacks ‘sex tape’ officials
• The man who exposed China’s sex tape scandal
• Power, corruption and the Communists

 

Resource

Resource

Li Chuncheng became deputy party chief of Sichuan province last year.

Chinese state media say the Communist Party is investigating a senior provincial official for corruption.

Li Chuncheng, 56, deputy party chief of Sichuan, is the most senior official to come under scrutiny since Xi Jinping became party head last month.

Mr Xi has said battling corruption in the party is a top priority.

Mr Li was elected onto the party’s central committee as an alternate member last month. Media reports gave no details of any charges.

Xinhua news website carried a report on Mr Li that has since been removed. Hong Kong media have also reported on Mr Li.

The South China Morning Post newspaper, citing sources, said that Mr Li was put under “a disciplinary measure which allows for the detention and interrogation of party members suspected of corruption and other offenses”.

Other reports said that Mr Li was last seen in public on 19 November at a party session and was detained on 2 December before being escorted away from Chengdu.

He spent most of his time Harbin City in Heilongjiang province before he eventually became mayor of Chengdu City in Sichuan in 2001.

He became deputy party chief in Chengdu, where he worked under Zhou Yongkang, a former member of the Party’s Standing Committee in charge of security.

Mr Li became deputy party chief of Sichuan province last year.

The province adjoins the municipality of Chongqing, whose disgraced party leader, Bo Xilai, is also facing charges of corruption and abuse of power in one of China’s biggest, recent scandals.

Mr Bo’s wife, Gu Kailai, has been jailed for the death of British businessman Neil Heywood. His former police chief, Wang Lijun, also received a jail term in connection with Mr Heywood’s murder.

In his inaugural speech on 15 November, Mr Xi said that corruption was an issue that needed to be resolved in the Communist Party.

In succeeding speeches, he also emphasised that corruption could “kill the party and ruin the country”.

Resource

Related Stories

• Full text: China’s new party chief Xi Jinping’s speech
• China’s new leadership challenges
• China’s leaders try to put scandal behind them

[East Asia Forum] How Chinese companies can do better overseas

February 11th, 2013

February 5, 2013

Resource (Please also visit the Facebook Page, Yap’s Development)

Thank you, Mr. Chairman. Members of the Legislature, members of the Yap Awareness Project Group and members of the listening public

Mr. Chairman, my role in making this opening statement on behalf of the Committee at this point in the Hearing is to try, as best I can, to make clear the issues and efforts before this Hearing. Foremost among these efforts is our obligation and the right of the people to know and come to understand the concerns of the Y.A.P. Group, the chronological actions by the State Government or the Executive Branch with the ETG and the actions taken by Legislature.

What led to the ETG Investment Agreement, which was signed on August 11, 2012 was a Strategic Framework Agreement signed by the Governor on behalf of the Government of the State of Yap [GSY] on April 21, 2011 in China. That Agreement provide basis for the Investment Agreement.

Many a version of the Investment Agreement was transmitted to the Legislature and the three Standing Committees of the Legislature held public hearings for four days on No. 5 version of the Investment Agreement.

After the Public Hearings, the Legislature received from the executive branch the No. 6 version of the Investment Agreement on August 9, 2012, which included some the suggested changes aired in the Public Hearings.

The version of the Investment Agreement that was signed two days after the Public Hearings on August 11, 2012, was a new version. It did not include some the amendments suggested in the Public Hearings which were included in version No. 6, submitted to the Legislature, but included language that were not in the No. 5 version, on which the Standing Committees held hearings nor in version No.6 of the Agreement that was transmitted to the Legislature.

In a way of chronological presentation of the events leading up to today’s Hearing, I present as follows:

1. Strategic Framework Agreement signed by Governor in China 4/21/11
2. Memorandum of Understanding signed with ETG by Chairman, COP 1/12/12
3. Memorandum of Understanding signed by Director of DY&CA 10/20/11
4. Resolution No. 8-29 requesting Governor not to sign the Investment Agreement until the people are informed about ETG was adopted on 1/26/12
5. Resolution No. 9-31, requesting ETG to stop until the Yapese People have come together to understand the Project adopted on April 19, 2012
6. Investment Agreement signed with ETG on August 11, 2012
7. Foreign Investment Permit issued April 26, 2012* and Business License issued on October 1, 2011.
8. Resolution No.8-53, requesting Governor to inform ETG that the Investment Agreement is void and for ETG to stop implementing its Project in Yap was adopted on September 18, 2012
9. Letter from Governor to Chairman Deng Hong of ETG advising him of the opposition to the ETG Project in Yap and that he consider voiding the Agreement was sent on October 1, 2012
10. Letter from the Dalip pi Nugchol directing and commanding that the ETG Project not to be implemented in Yap was issued on September 21, 2012

11. Letter from the Bulche at Tithera, Pebinaw, Nimath on support for bringing the leadership together to consider sustainable investment was issued on September 21, 2012.
12. Mr. Deng Hong, ETG Chairman dated December 27,2012 reply letter to Governor’s letter of October 1, 2012
13. Visit two weeks ago by FSM President Mori and Ambassador Susaia to China and met with government, including the Legislature and private groups on the ETG on January 27, 2012

The letter from Y.A.P. that submitted the Y.A.P. Petition to the Legislature on November 26, 2012, called for:

- unity amongst the leaders to effectuate unity in the communities
- further exploration into EGT’s Investment Proposal to pursue all possible benefits

The Petition itself from Y.A.P. expressed disagreement with the recent resolution of the Legislature, which is Resolution No.8-53. That Resolution was adopted to support Governor’s letter to advise the Chairman of ETG to void the ETG Investment Agreement.

The Petition also pointed out that Y.A.P. Group does not support the position of others to recall the Governor. To this, the Legislature has no role with regard to any recall of the Governor or any officials because 1) the recall process is not a legislative process or issue, it is the people’s issue and 2) at the time of the Petition there was no petition for recall that was submitted to the Government or the Legislature.

The main issue throughout the Y.A.P. Petition is on the important need for unity among the leaders to support development and foreign investment because of the distressing economy and to express disagreement with the recent Resolution No. 53 adopted by the Legislature.

The Petition also asked the Legislature to support and encourage the Governor to be diligently pursue his legal mandates in promoting suitable and sustainable foreign investment and private sector growth.

The Legislature is bewildered and concerned by Y.A.P.’s issuance of their Petition after the resolution was adopted, the letter from the Traditional chiefs was issued and the letter from Governor was sent to ETG asking to void the Investment Agreement.

The Legislature has not discouraged the Governor in his effort to pursue foreign investment. However, the Legislature has asked that the people be kept informed and to follow established sanctioned policies and allow for transparency of government operation.

As the Hearing proceeds, Mr. Chairman, it will come to light why the Legislature took the actions it has taken. These actions are not against the Governor or foreign investment but they are for the right of the people to be informed so they can make informed decisions.

These actions by the Legislature were taken to uphold the important policy that government initiatives whether in pursuit of foreign investment or some other, need to be pursued pursuant to policies sanctioning such initiatives, and that the consideration of such initiatives be open and transparent.

That is why the consideration of the ETG Project cannot simply be a matter of economics, dollar amounts and investment but much more than that. And, the call by all including Y.A.P. for the leaders of the State to come together is very important because leading the State is viewed to be more important than our differences of opinion.

The Legislature has been accused by some for demanding information on ETG and yet refused to be involved and participate. The truth is not, on not wanting to participate but rather on, not finding a way or not presented a way to participate. In one of the Leadership meetings it was agreed to form a Task Force or Committee to make a Plan for Yap State but when the Governor notified and asked the Legislature for participation on the Task Force, the Task Force was for looking for land for ETG to make its plan; not one to make a Plan for Yap.

What continues to perpetuate the dilemma and anxiety is the fact that ETG has not submitted its Master Plan for the Project. Can the Project proceed without a Master Plan?

Again, the thrust of the Y.A.P. Petition is on the importance of development and foreign investment and unity of the leaders to pursue development. There is no disagreement there. Our difference could perhaps lie in the approaches but the most important issues are for us to uphold and defend the importance of policies sanctioning initiatives of government and internal decision-making process.

This open forum with open participation will eventually lead all concerns to greater understanding as part of that important process on seek common ground and in so doing; we would as we must, hold our laws and our processes high in all we do to consider external issues and foreign investments.

We observe in all of these petitions, resolutions and letters that we all have strong and unwavering support for a more developed and self-sustaining economy and society. And, Yes, a society with cherished values that are as old as Yap itself but as new as our renewed determination to achieve sustainable development, not at the expense of ourselves but to enhance these cherished values for they are the foundation for the future of our people.

Thank you Mr. Chairman.

*Note: The original text was “Foreign Investment Permit issued April 26, 2011 and Business License issued on October 1, 2011.” But the correct date for Foreign Investment Permit should be April 26, 2012. The typo has been corrected.

Resource (Please also visit the Facebook Page, Yap’s Development)

Video Recordings

Check here for the video recordings of the public hearing: http://www.youtube.com/user/garbologistable?feature=watch

Audio Recordings

Download the audio recordings:  File1, File 2, File 3   (Thanks Mr. Clement Yow Mulalap for uploading the files. Please check here for the original post on facebook.)

Listen to the audio recordings online: Stream 1, Stream 2, Stream 3, Stream 4.

(Please note: Because of our space limit in Soundcloud, we have split the third audio file into two parts. No further edits was added. No voice was deleted or eliminated from the original recording.)

[The Guardian] If the Chinese dragon is so mighty, why is it trembling inside?

Beijing’s alleged hacking of the New York Times is a sign of both the regime’s huge power – and its fear of a Chinese spring

• Jonathan Freedland in Beijing
• The Guardian, Friday 1 February 2013 20.30 GMT
• Resource

On February 5, 2013, a public hearing of Y.A.P. (Yap Awareness Project Group) was held in Yap State Legislature. Y.A.P. had presented a petition to Legislature on November 28, 2012, requested the state leadership to be united in terms of ETG’s proposed investment (ref). During the public hearing, Y.A.P. restated their concerns for the state’s anticipatable economic demise, as well as their request for the state leadership to be united for the betterment of the Yap state.

Responding to Y.A.P.’s petition, Legislature members have explained the legal issues pertaining to the Investment Agreement, also detailed the controversial process of reviewing and signing the Investment Agreement, as well as several Resolutions relating to that Agreement. For a more complete understanding of the  issues involved in this public hearing, we strongly encourage you to read Mr. Clement Yow Mulalap’s post on facebook for a clear picture (resource). 

By the end of the hearing, the Legislative Counsel (Legal Advisor) for the Legislature made two remarks, which succinctly summarize the essential problem of the ETG-Yap State controversy. We recommend everybody concerned about ETG issues read those remarks. We have transcribed the remarks here. Please bear with us: there may be inaccuracies in the transcription because of the recording quality. Please verify with the audio file uploaded by Mr. Clement Yow Mulalap (http://bit.ly/Wu3qZv, around the 1:56:50 mark), or check with the video clips on youtube (Remark 1, Remark 2). 

Transcription

Ms. Leelkan Dabchuren (Legislative Counsel for the Yap State Legislature) :

[Thank you chairman.] I just want to clarify that the Investment Agreement, the one that is signed, that was all of the government engaging in a negotiation [the negotiations] with a private entity for a private business, and that is not part of the government’s role [work?]. And that was where the first wrong step was taken.

I just want to comment also on the signed document, that I understand what the Y.A.P. group is requesting (questioning?), that the leadership of Yap should be unified to come up with the best course(?) of action for the best interest of the people of Yap. That is very, I think everybody agrees with that. There is one legal problem. The Governor has already signed the Investment Agreement obligating the State to implement certain acts to amend laws, to create an environment to benefit ETG. These are specified in the Agreement. Those are legal obligations on behalf, on the State, and all the leadership of Yap can come together, form an unified position on ETG or any development for that matter, but that would not void the signed agreement with legal obligations on the State, until and unless there is a very clear statement that the agreement is void. I think everybody agrees that the letter from Governor to Deng Hong concerning voiding the agreement is subject to several interpretations. And therefore, one can argue for the agreement is void, one can argue that it’s an invitation to go back to the table. And therefore the Agreement remains its effect.

I have to say this because as the legal advisor for the legislature, the legislating branch cannot undo or give effect to a different course of action. Other than that, what the state is legally obligated to do? And agreement obligates the State of Yap, this by the definition in the legal, in the agreement. And so, it is stated that, put the Agreement aside, and give it to the leadership to figure it out, that is fine; however, if the foreign investment permit and business license were issued in anticipation of the signed agreement, and the government leadership ignores those two instruments– the foreign investment permit and the business license, then we are leaving, leave the State government, leaving the land owners or private citizens, in the court defend for themselves, without living up to the terms of the signed Agreement, and so, those two acts are not separable, as much as people are tired of the signed agreement, it cannot be separated from what ETG is doing, or probably planning to do.

And to add to that, the letter from Deng Hong responding to Governor’s letter, included terms that are not in the signed agreement.

I just want to clarify that, because I think it’s important for the people and the community to realize that if they are entering to lease agreements because of the government has signed the Investment Agreement with ETG, yet, the government is gonna leave ETG and private land owners defend for themselves, then what the people in the communities believing them are to be entirely correct that they cannot rely on, depend on the government because of the signed Agreement? Thank you.

Transcription

Chairman Rutun:

Thank you LC. So, the question is, is there any hope in, or any chance for realizing, for the benefit, regard the leadership of the state to come  together and discuss, or, cannot do much.

Ms. Leelkan Dabchuren:

Thank you chairman. I am assuming I am supposed to address that. I will, or anybody else.

The state leadership can and probably should get together and form a unified position of any matter concerning the people of Yap. But with respect to the ETG signed the Agreement, that document is signed, obligating the state to perform certain actions, and I believe some of the people in the communities are relying on that government signed document, to enter into lease agreements, because they have the backup of the government. So it’s very difficult, if not impossible, to separate the Investment Agreement from what the private, people have to [do] with their private land. Thank you.

(*Note: The person who uploaded those video clips to youtube has to apologize for cutting the recording into two parts. No further editing was added. No voice or image was deleted.)

(*Note: The transcription is not perfect. If the reader finds anything not accurately reflect the original words, please let us know. Kam’magar!)

Resource

Clement Yow Mulalap

Siro.

I was able to make audio recordings of the live radio broadcast of the public hearing held yesterday at the Yap State Legislature to discuss the public petition submitted by the Yap Awareness Project (YAP). As with past recordings of radio broadcasts of the meetings held by the Concerned Citizens Group at the Legislature, and of Governor Anefal’s radio address about ETG’s proposed Project in Yap, I wish to share my recordings of the YAP hearing with all of you. Unfortunately, I cannot upload the recordings to my Soundcloud account because the recordings run about three hours in length, and I have less than an hour of “storage” left in my Soundcloud account. For now, I have uploaded the audio recordings to a Dropbox account that I have created specifically for my audio recordings. (I will upload my previous recordings soon.) You can download each recording and play it back on your own devices. Here are the links to the three recordings:

http://bit.ly/Xmq3N2
http://bit.ly/WP9BFM
http://bit.ly/Wu3qZv

(The recordings come in a set of three because there were two breaks during the hearing.)

A few notes about the recordings. First, you cannot stream the recordings from my Dropbox account (like you can with those from my Soundcloud account). If, however, someone has a Soundcloud account (or several people have Soundcloud accounts) that can host and stream the recordings in part or in full, then please feel free to download my recordings from my Dropbox account and upload them to your Soundcloud accounts for streaming. I ask that you share the links to those Soundcloud uploads here so that others in this group can stream the recordings.

Second, the quality of the recordings is quite poor. I really apologize for this. I do not have any sophisticated recording equipment, so I was not able to cancel out much background noise from my recordings, and I was not able to equalize the recordings properly to take out the broadcast hisses. I hope you can still understand most (if not all) of the audio. I should also note that there are a few gaps in the audio here and there, most likely because my computer’s Internet connection timed out at certain points and could not buffer the Internet radio stream in time. The gaps are very few and far between, though.

Finally, I will refrain from providing a comprehensive summary of what was said at the hearing (like I did with Governor Anefal’s address and the hearings for the Concerned Citizens Group), partly because at least half of the hearing was conducted in English (and much of the discussion that was held in Yapese was repeated, more or less, in the parts of the discussion conducted in English); and partly because there are folks in this group who were actually at the hearing and who can provide better summaries than I can. (See, for example, Kattinow‘s summation of YAP’s points and demands here: http://on.fb.me/WNaamt)

Clement Yow Mulalap

Aside from dispensing the technical information above, I want to thank the members of YAP for taking the time to present their positions and demands to the Yap State Legislature. Whatever our disagreements may be, I welcome open, constructive dialogue between the general public and our elected leaders, especially when that dialogue involves securing the peace and prosperity of Yap and her people. Kam’magar gad.

In that spirit of dialogue, I would like to make a few points and raise a few questions about YAP’s hearing with the Legislature. While I do not wish to summarize what happened and what was said at the hearing (for the reasons I explain above, as well as because many of the points raised during the hearing have been stated in this group repeatedly), I do want to point out several items that seemed to me to be new items of discussion in this whole ETG situation. (At least, I do not recall hearing about those items in any official/public forum or exchange.) I also wish to raise several questions to YAP.

Clement Yow Mulalap

First, regarding new items for discussion, one new item deals with Yap State Legislature Resolution No. 8-53, which was introduced and adopted by the Legislature on September 20, 2012. That Resolution was a Resolution “[r]espectfully calling on the Governor to submit a written notice to Exhibition Travel Group (ETG) to void the Investment Agreement between the State and ETG and to disapprove any and all master plans from ETG for investment in Yap State.” That Resolution was adopted a week after the Concerned Citizens Group held its last meeting at the Legislature and presented a traditional wenig to Governor Anefal to stop ETG’s proposed Project. A little over a week after the Legislature adopted that Resolution, Governor Anefal sent his October 1, 2012 letter to ETG (via Chairman Deng Hong) asking ETG to, among other things, “dissolve the Investment Agreement and any legal documents preceding it.” (See the letter here: http://bit.ly/WsMsMT) In that letter, Governor Anefal cited Resolution No. 8-53 as one of the reasons why the Governor felt it necessary to warn ETG about the prospects of its proposed Project in Yap and seek a dissolution of the legal agreements between ETG and the State of Yap.

As was revealed during the YAP hearing yesterday (and this is the new item I wish to point out), the Yap State Legislature adopted Resolution No. 8-53 because Governor Anefal asked the Legislature (via Speaker Falan) to do so in order to support the Governor’s October 1, 2012 letter to ETG. According to several Senators (including Speaker Falan), the Governor met with Speaker Falan and members of the Concerned Citizens Group after the last meeting of the Group at the Legislature to discuss ways to extract the State from proceeding with ETG’s proposed Project in Yap. The securing of the Resolution was a key component of the plan that they eventually agreed on. (The Governor may have also requested/welcomed the prohibition edict by the Dalip pi Nguchol as another piece of support for his October 1, 2012 letter, but I am not entirely sure about that. I think I heard that mentioned during the hearing, but I may have misheard.)

In light of that revelation, I do need to point out that at one point in this whole situation, there WAS unity in our government, at least between the Executive Branch and the Yap State Legislature. Those two branches heard the cries of the public (through the Concerned Citizens Group and others) and decided to work together on crafting a way to stop ETG’s proposed Project. Governor Anefal’s plan was an act of political bravery, one that needed the support of the Yap State Legislature in order to succeed. Whatever the situation may be right now, at least there was government unity at one critical point.

Clement Yow Mulalap

Unfortunately, the Executive Branch seems to be minimizing its involvement in that plan, and so there is disunity once again. This brings me to what I think is a second new item brought up during yesterday’s hearing. At one point during the hearing, Vice Speaker Rutun (who chaired the hearing) announced that he had received a note from Lieutenant Governor Tareg during the hearing saying that Governor Anefal’s October 1, 2012 letter to ETG merely asked that the State and ETG reconsider ETG’s proposed Project. This seemed to be an attempt by the Executive Branch to downplay/ignore the language in the letter that calls for a dissolution of the signed Investment Agreeement and any legal documents preceding it. In light of the revelation that Governor Anefal drafted the October 1, 2012 letter as part of a plan with the Legislature to use Resolution No. 8-53 to justify the State’s stoppage of ETG’s proposed Project in Yap, Lieutenant Governor Tareg’s note seems to be an interesting take on history. Was the note sanctioned by Governor Anefal? I do not know.

Aside from that interesting take on history, the new item of discussion that I want to point out is that Lieutenant Governor Tareg’s note to Vice Speaker Rutun during yesterday’s hearing represents, I believe, the first time that the Executive Branch has publicly acknowledged the existence of Governor Anefal’s October 1, 2012 letter to ETG. Indeed, Chairman Deng Hong responded to that letter officially before the Executive Branch even acknowledged its existence. Even with Lieutenant Governor Tareg’s note, though, one can argue that the note was not an official communication from the Executive Branch to the Legislature (per government protocol, as I have discussed in this group previously), and therefore, the Executive Branch still has not officially acknowledged Governor Anefal’s October 1, 2012 letter. At least the Executive Branch has publicly acknowledged the letter, even though it may not have done so in an official communication.

(If the Executive Branch had, indeed, officially and/or publicly acknowledged the letter prior to yesterday’s hearing, then I deeply apologize, and I stand corrected.)

In light of the Executive Branch’s acknowledgement of Governor Anefal’s October 1, 2012 letter, I think it is time for the Executive Branch to make a clear public announcement/statement of its views of the current legal status of ETG’s proposed Project in Yap. Does the Executive Branch believe that the signed Agreement and all related legal documents preceding it are void, and if not, then what is the status of those documents, according to the Executive Branch? We have repeatedly heard from the Legislature, the Concerned Citizens Group, YAP, and even ETG (via Chairman Deng Hong) about Governor Anefal’s October 1, 2012 letter, but there have been no official comments from the Executive Branch about the letter to date. I think the people deserve an explanation.

Clement Yow Mulalap

A third new item of discussion is the clarification provided by several Senators during the hearing yesterday about the so-called Task Force that was supposed to be created in 2011 in response to ETG’s expressed interest in Yap. According to several Senators (including Senator Mooteb, who was present in the leadership meeting that agreed on the creation of the Task Force), the Yap State leadership–including Members of the Yap State Legislature–initially agreed during a leadership meeting in mid-2011 to put together a group with representatives from the government branches to formulate a comprehensive sustainable development plan for Yap that Yap can present to ETG and other foreign investors for their review. The thinking was that such a plan would allow ETG and other potential foreign investors to review what Yap’s development aspirations are and see if those investors could tailor their projects to fit Yap’s aspirations. The Legislature was supposed to submit representatives for the group. However, before the Legislature chose its representatives, the Legislature received a communication from Governor Anefal requesting the Legislature to submit its representatives for a Task Force that will identify land in Yap for ETG to use in its proposed Project. This, according to the Senators during yesterday’s hearing, was not the purpose of the group that the leadership agreed on during its mid-2011 meeting, and so the Legislature declined to participate in that Task Force.

I want to note that if the leadership had stuck to its original plan to craft a sustainable development scheme to present to ETG and other foreign investors, they would have engaged in precisely the sort of activity that I and many others have been advocating in this group and elsewhere. We have insisted that before Yap embraces ETG or any other sizable foreign investor, Yap needs to first craft a comprehensive sustainable development plan–one that reflects Yap’s aspirations and limitations; one that stands on the four “nguchol” identified by Senator Mooteb in yesterday’s hearing as critical components of sustainable development for Yap; one that is truly sustainable as well as successful–that Yap can then present to potential foreign investors. Yap can still do this, even with ETG’s proposed Project looming over everything, but Yap needs to halt ETG’s current Project-related activities so that the Yap State Government and her people can conduct the necessary discussions and make the necessary decisions in relative peace and stability.

Clement Yow Mulalap

Finally, a fourth new item of discussion is the revelation during yesterday’s hearing by one of the Senators that in a meeting between the Legislature and the Executive Branch prior to the State’s issuance of a Foreign Investment Permit to ETG, the Members of the Legislature expressed their strong concern to the Governor that the State was heading toward embracing ETG before the general public had had a chance to be fully educated about ETG’s proposed Project. In response, and in front of the Members of the Legislature, Governor Anefal ordered Frank Haregaichig, the Director of the Yap State Department of Resources & Development (who was in attendance during that meeting), to not issue ETG a Foreign Investment Permit until the public had been properly educated. Of course, as we know, the Director issued ETG a Foreign Investment Permit anyway, even though the public had not been (and still has not been) fully educated about ETG’s proposed Project in Yap. Indeed, from what I understand, ETG was issued a Foreign Investment Permit before the State held the sole Town Hall meeting to discuss ETG’s proposed Project in Yap, and before the Legislature held its sole public hearing on one draft of the Cooperative Investment Agreement. There seems to have been a communication breakdown between Governor Anefal and the Director of the Department of Resources and Development.

Clement Yow Mulalap

Moving on from the new items of discussion, I do have several questions I want to ask members of YAP who participate in this group.

First, is it the position of YAP that if the State and ETG somehow manage to agree to void the current signed Agreement and return to the negotiating table, the general public should not be involved in that renegotiation? I heard at least one YAP representative say during yesterday’s hearing that such a renegotiation, if it comes to pass, should be handled solely by the State leadership. I have repeatedly expressed my opinion in this group that the general public should participate meaningfully in any renegotiation process, given the trouble that has occurred as a result of the general public (as well as the Legislature) being shut out off the negotiation process for the current signed Agreement. (See here for my latest comment on that:http://on.fb.me/TGUdym ) Does YAP feel that the general public should not be involved at all?

Second, is YAP, among other things, a lobbying group, and if so, what is YAP lobbying for and/or planning to lobby for? I have read past statements in this group by YAP members saying that YAP is a lobbying group with various objectives, but at yesterday’s hearing, the predominant demand made by YAP was for government unity–something which, by the way, all the branches aspire to (albeit to less-than-complete success). Aside for calling for government unity, what else is YAP willing to lobby for at this stage? Is YAP willing to push for a renegotiation of the signed Agreement, or is YAP simply leaving that matter to the State leadership?

Finally, given the fact that the signed Cooperative Investment Agreement is (as several Senators said during yesterday’s hearing) the “blueprint” for ETG’s proposed Project in Yap and the State’s obligations toward that Project, has YAP done an in-depth, independent legal analysis of the signed Agreement, and if so, is YAP willing to share that analysis with the general public (including this group) for the sake of public awareness?

I apologize for the length of this post. Again, I sincerely thank YAP for taking the time to present its positions and demands yesterday during the hearing. I offer my points and questions in this post in an effort to continue the dialogue started by YAP during yesterday’s hearing.
 
Kam’magar, ma siro.

Resource

BBC/ 2 February 2013

Resource 

Google Chairman Eric Schmidt uses a new book to call China an Internet menace that backs cyber-crime for economic and political gain, reports say.

The New Digital Age – due for release in April – reportedly brands China “the world’s most active and enthusiastic filterer of information”.

China is “the most sophisticated and prolific” hacker of foreign companies, according to a review obtained by the Wall Street Journal(WSJ).

China denies allegations of hacking.

Revolution coming?

Beijing has been accused by several governments, foreign companies and organisations of carrying out extensive cyber espionage for many years, seeking to gather information and to control China’s image.

The New Digital Age analyses how China is dangerously exploiting an Internet that now permeates politics, business, culture and other aspects of life, the WSJ says.

It quotes the book as saying: “The disparity between American and Chinese firms and their tactics will put both the government and the companies of the United States as a distinct disadvantage.”

This, it says, is because Washington “will not take the same path of digital corporate espionage, as its laws are much stricter (and better enforced) and because illicit competition violates the American sense of fair play”.

The book argues that Western governments could do more to follow China’s lead and develop stronger relationships between the state and technology companies.

States will benefit if they use software and technology made by trusted companies, it suggests.

“Where Huawei gains market share, the influence and reach of China grow as well,” the WSJ quoted the authors as writing.

The WSJ this week said its computer systems had been hacked by specialists in China who were trying to monitor its China coverage.

It was the second reported attack on a major US news outlet in days, as the New York Times reported earlier that Chinese hackers had “persistently” penetrated its systems for the last four months.

China’s foreign ministry dismissed the New York Times’ accusations as “groundless” and “totally irresponsible”.

Resource 

Alleged China-based hacks

• China was widely believed to be the source of major cyber attacks between 2006 and 2011 targeting 72 organisations including the International Olympic Committee, the UN and security firms
• In 2011, Google said hackers based in Jinan province had compromised personal email accounts of hundreds of top US officials, military personnel and journalists
• South Korea blamed Chinese hackers for stealing data from 35 million accounts on a popular social network in July last year
• Chinese-based computers seized “full functional control” of computers at Nasa in 2011, the US body said
• In 2011 US media reported that Chinese-based hackers were suspected of a “significant” cyber attack on defence firm Lockheed Martin.
• Coca-cola says its systems were breached in 2009 by Beijing-backed hackers, while it was trying to buy China’s Huiyuan Juice Group
• The US Pentagon said it was hacked by the Chinese military in 2007
• China says hacking is illegal under its laws and that it is a victim of such attacks itself

• Cyber attacks blamed on China

Related Stories

• Wall Street Journal ‘also hacked’
• Google threatens French media ban

Resource: http://www.yapstategov.org/news.htm

SAIPAN, CNMI (Saipan Tribune/PIR) — A special committee reviewing a resolution impeaching Northern Marianas Governor Benigno R. Fitial approved the rest of the 18 allegations of corruption, neglect of duty, and felony at 4:22pm yesterday (January 30, 2013), and a full House of Representatives vote is expected next week.

The Special Investigating Committee on Impeachment chaired by Rep. Tony Sablan (IR-Saipan) adopted eight articles yesterday.

“With all the 18 articles adopted by the committee, we’re looking at giving one day for the Legislative Bureau to work on the report and one day for committee members to review the report before presenting it to the speaker. So we might have a full House vote by Thursday or Friday next week,” Sablan said in an interview after the committee wrapped up its deliberations yesterday.

He said it is important that the House presents a product that will be used as evidence once the impeachment process moves to the Senate for trial.

All the 16 House leadership members signed as co-sponsors of the impeachment resolution, more than enough to impeach the governor.

Only at least 14 “yes” votes are needed in the 20-member House to elevate the impeachment process to the Senate.

At yesterday’s meeting that started past 1:30pm, the committee deliberated first on Article 15, a neglect of duty charge that they amended. This article is related to the governor’s failure to appoint a Department of Public Safety commissioner for Senate confirmation beginning on or about April 26, 2012. until the pre-filing of House Resolution 18-2 on Jan. 14, 2013.

By a vote of 5-0, Article 15, as amended, was adopted at 2:04pm.

The rest of the articles were adopted by a vote of 5-0 each.

Those voting yes to each of the eight articles yesterday were committee chair Sablan, Vice Speaker Frank Dela Cruz (IR-Saipan), Rep. Ray Tebuteb (IR-Saipan), Rep. Edmund Villagomez (Cov-Saipan), and Rep. Cris Leon Guerrero (Cov-Saipan).

The four-member House minority bloc didn’t replace Reps. Felicidad Ogumor (R-Saipan) and Teresita Santos (R-Rota) on the impeachment committee.

Article 12, a neglect of duty charge, was adopted at 2:33pm. This is related to the governor’s failure to nominate members to serve on the Civil Service Commission from March 2006 to July 2012, in violation of the CNMI Constitution.

Next to be acted on was Article 13, also a neglect of duty charge, related to the governor’s failure to appoint members to the Public Utilities Commission.

At 2:39pm, the panel also adopted Article 14, also a neglect of duty charge, for the governor’s failure to appoint a CNMI Supreme Court justice on or about October 2011 until the pre-filing of the impeachment resolution on Jan. 14.

Members discussed at length Article 9, a corruption charge, related to the governor’s signing of a no-bid $190.8 million power purchase agreement for 25 years.

Rep. Frank Dela Cruz (IR-Saipan) said the governor “admitted he made mistakes” related to the PPA during his recent State of the Commonwealth Address. He added that the governor said he had taken the advice of the former attorney general in signing the PPA.

“He signed off on the contract but he stated he’s not at fault. He pointed at the former AG, now a fugitive. He’s saying [former AG Edward Buckingham] was the culprit, that he made the governor sign it,” Dela Cruz said.

During discussions, Dela Cruz also believes that the governor will defend himself on other charges by saying “it’s not my fault.”

Tebuteb, for his part, said “corruption shouldn’t be tolerated.”

The committee adopted this corruption article at 2:59pm.

Minutes later, the panel reviewed video footage related to former attorney general Buckingham’s attempts to shield himself-with the help of police and ports police officers-from service of a penal summons related to criminal charges filed against him by the Office of the Public Auditor.

Rep. Cris Leon Guerrero (Cov-Saipan) said the “million words of the video” confirms the testimony of witnesses and documents presented by witnesses, supporting allegations of felony, corruption, and neglect of duty related to the AG-airport matter.

The committee proceeded to vote on Article 11, 6, and 4. The last vote was at 4:22pm, when the panel adopted Article 4, a felony charge.

Fitial can be impeached in the House and convicted in the Senate on any one of the 18 articles of felony, corruption, and neglect of duty.

Resource: http://www.yapstategov.org/news.htm