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Permanent Link: http://ufdc.ufl.edu/UF00072147/00184
 Material Information
Title: Tapia
Physical Description: no. : illus. ; 43 cm.
Language: English
Publisher: Tapia House Pub. Co.
Place of Publication: Tunapuna
Creation Date: October 19, 1975
Frequency: completely irregular
 Subjects
Subjects / Keywords: Politics and government -- Periodicals -- Trinidad and Tobago   ( lcsh )
Genre: periodical   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: no. 1- Sept. 28, 1969-
General Note: Includes supplements.
 Record Information
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000329131
oclc - 03123637
notis - ABV8695
System ID: UF00072147:00184

Full Text


30 Cents


Vol.5 ~ ~ ~~~~' No4 U CTBR1,17


W\PRINA H E POLISHING C 1 T A R, P2
PRINTED AND PUBLISHED BY THE TAPIA HOUSE PUBLISHING CO.,91 TUNAPUNA ROAD, TUN APiUNA. PiHiONE : 662-5126.


THE atmosphere in the Senate Chamber at the sitting last Tuesday
might have surprised anyone who cannot feel how the political
temperature in the country is rising. The speeches-were spiced with
picong and fatigue and laughter filled the air. But beneath the cover
of the mirth there was a deadly game being played.
The fact remains that legislation has now given way to politics
and although the formalities are still conducted, as they must be,
Parliament is now the entire country and the only issue before it
is whether it shall vote for the New World or whether it shall vote
for the old.
All eyes are now focused on the coming elections and every
move the Government makes must be calculated in those terms. For
all the signs it looks as though we are going to have a January elec-
tion. But as Tapia Secretary Lloyd Best warned in the Senate on
Tuesday, whenever they come, however they come, "We go eat them
raw."


CALL
MR. President, I must begin by
commending the Leader of Gov-
ernment business in this honour-
able Senate for his fit of honesty
on the part of the Government
when he admitted that the
reasons for this year's proposed
postponement of Local Govern-
ment elections are very much the
same as last year's
Perhaps you will notice that
the Government have been
repeating themselves for the
longest while. I know that history
repeats itself. I am a little wor-
ried when historians repeat
themselves as well.
It is now an old record. I
feel the record stick Sir, and I
want to warn the Leader of
Government business in this
Senate that the country go
change it.
I therefore want to agree
on this occasion with Govern-
ment's postponement of the
elections. I am not going to
support the bill, mind you,
because the Government too
wutliss for that.
I cannot support anything
by the Government at all. The
Government are too worthless,
crooked crooked till they bend.
The papers are full of it. It is a
straight case.
But I want to agree with
this postponement because we
have lived in sin long enough and
I see no reason why we could
not live the same way a little


S-.Gov -1S
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;~P~I~~61Vvwil

Ili noI $ 8_, 4i1

full- 6f', f Ortn es i


ELECTIONS




IN JANUARY


longer so as to unencumber the
country of any side issue. At this
revolutionary moment in the
history of this country any
Local Government election is
only a side issue.
We want to concentrate our
attention and our fire on the
central issue which is either we
or them. It is a straight fight at
the level of the central govern-
ment.
This country is not interest-
ed in any Local Government
elections at this stage. We want
them and we are going to eat
them raw and we want them soon.
Let them come down the
middle, down the centre and
play it straight. If they are able.
They have been walking a crook-
ed mile for 20 years, 20 crooked
years.
The issue now is constitu-
tional reform. It is either popular
participation or public order. It
is either yesterday or tomorrow.
It is backwards or forwards. It is
the old regime or the new world.
It is the old has-been national
movement or Tapia.
Let them call the budget
in December as they are plan-
ning, brig the elections in
January, and let the bell ring. We
are ready.


And


SSEE
4
^-'OSLF4


PAGES
&5


- -- ------
a C-;A""YPY~~'iuWi~f~ba~~T~I-F7I~T--~'i-I


,--- --------------------- ----


SUI'-'T)Y OCTOBER 19, 1975


Vol. 5 No. 42


~I


Itt
. A


/*"Sh,






SUNDAY OCTOBER 19, 1975


THE surest sign of the
rising political fever in
the country is the fact
that people everywhere,
all over the place, have
started playing the gues-
sing game. The question
on everybody's lips is
"when dey go call the
election?" And everybody
else think they have the
answer.
Last week the Trinidad
Guardian carried a front
page headline saying that
the elections will be held
on May 24th next year.
And now the only thing
that we can be certain of
is that the elections won't are s,
be held tomorrow and so pc
they won't be held on their
May 24. Not after the likely
Guardian done tell every- the G
body so. opp
The fact is that trying to t
guess, the actual date of the ons
election is like trying to win tons
the National Lottery any despe
pull s
number can play. It is even After
risky trying to judge whether fte
the elections will be sooner the
or later. politi
This Government is so you
politically incompetent that lu
to try to apply any rational An
political analysis to their Every
actions is to court absolute they
confusion. positi
dying
in bh
Every
take.
LOST OPPORTUNITY Th
the J
Indeed, as far as anyone pack
with a shred of political low.
judgement is concerned, the TI
elections should be gone stage
already. know
There was a period of time And.
when all the old conventional will
opposition forces had dis- piece
.credited themselves and the left,
New Movement had not yet Ti
shown its worth. TheGovern- play
ment would have won any gram:
election called then if only no ti
because the population to v
would have been forced to Move
stay away from the polls and
again. seen
But either because they the 1l


Oovernent din k, Ace outside




the pack and Tapia pIng l/owe






Mar'k er Stn By


o powerfully stupid, or
)werfully afraid to risk
positions, or most
for both these reasons,
government wasted every
rtunity they had to save
own dirty necks.
stead of calling the elec-
they tried every
rate trick they knew to
something out of a hat.
twenty years in office
still have not learnt that
cs is not magic and that
can't take trick to make

id now it is too late.
'thing gone sour and
find themselves in the
on that all decadent and
; regimes find themselves
before they finally die.
thing they do is a mis-

he Government holding
ack, the Ace outside the
and Tapia only ducking
Marker stand by!
ie game has now reach a
where the Government
vs that it is cornered.
like a cornered rat,
resort to the two last
s of trump they have
money and guns.
ley have nothing else to
with, no plans, no pro-
s, no administration and
rust. They have nothing
vait for. And the New
ement has come of age
everyday it could be
and heard up and down
and.


Of the two cards the Gov-
ernment has left to play, it is
a sure bet that they will lead
with the money, in the first
place they still have lots of it.
Since they have not spent
the Oil Bonanza millions on
anything at all, except per-
haps the paper on which
they published all those
useless plans, and since not
all of it has found its way
into numbered bank accounts,
there is still enough of it left
for one last, mighty fling at
circuses, woodstocks and rum
and roti beach parties.
But there is another reason
why they will play the monev
game first. And it is simply
that they can never be sure of
the gaine. It is true that they
have been fattening up the
police, trying to buy their
loyalty, but they still could
never be sure.
And the tre'chcrousi ten-
dency of guns to turn their
barrels, towards those who
are supposed tco be pulling
the triggers is well known to
this Government. Thatis why
they have been so afraid to
give back the guns to the
Regiment.



LAST CHOICE .

No, the ,uins they will
leave for the \ery last when
there is nothing left and the
choice is between failure and
disaster.
But if they arce going to
lead with money, then there
is only one opportunity left
for them to use it in a proper
manner. And that is die 1976
Budget, the last of them all.
So, it is no surprise to
learn that, inspite of the fact
that Williams was recently
excoriating some Senior Civil
Servants, that he has others


desperately working on tile
Budget.
In addition, whatever pro-
vision the Budget contains,
that is to say, whatever the
form in which the Govern-
ment tries to cloak its hand-
outs, handouts they will be.
The Government knows
better than anyone else now
that it is impossible for it to
try to dispense its election
largesse within the context of
any constructive plan.
So that once they bring
the Budget and the money
reaches into the peoples hands
then they just have to shut
they eye and make three
wishes.
Thie first wish will be that
the people take the handouts.
The second wish will be that
the people will be grateful for


the handouts. The third wish
will be that the people are
grateful long enough for the
Government to get them into
the voting booths.
But three wishes is all they
will get and in their case they
really need four. The last
wish, the one they will never
get again, is that once in the
voting booths the people will
vote them back into power.
So that if thc Budget is in
December when you figure
elections going to be? Don't
look at me. Iain't playing that
guessing game at all. I just
ready and I go wait on them.
They must throw Jack on me.
Marker stand by!

Michael Harris


Trinidad & Tobago
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Bound Volumes 1974


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PORT OF SPAIN SAN FERNANDO


PAGE 2 TAPIA






SUNDAY OCTOBER 19, 1975


THIS corrupt and totally incom-
petent PNM Government, after
shilly-shallying for the past two
years with the golden opport-
unity with which this country
was presented by the "energy
crisis" and the massive increases
in revenues which resulted there-
from, now seems bent on giving
back to the Oil Companies
everything which we managed to
get from them.
The Government, in the
most colossal piece of financial
stupidity(or cupidity) imaginable,
has given back some $50. million
to the Tesoro Corporation of
Austin Texas, and is now planning
to return even larger sums of
money to Amoco and Texaco,
which are wealthier and even
more powerful multinationals
than Tesoro. In addition the
Government is also planning to
repeal the Petroleum Taxes Act
of 1974 after objections were
raised against it by the Oil Com-
panies.
To appreciate the full significance
of these spineless decisions it is neces-
sary to understand the method of
taxing the Oil Companies up to 1973
and the method introduced in the
middle of 1974 by the Petroleum
Taxes Act.
Up to 1973 Oil Companies
operating in Trinidad were taxed on
the basis of the prices reported by the
Companies as having been received by
them for their sales. This, actually is
the normal basis on which all other
Companies operating in Trinidad,
whether locally owned or not, pay
their taxes.



SLEIGHT-OF-HAND

The operations of the Oil Coin
panics, however, are significantly
different from those of other com-
panies. The Oil Companies, with the
exception of Trinidad Tesoro, (the
ridiculous story about which has
already been told in the pages of
Tapia) sell more than 95% of their
total exports to fellow subsidiaries
and affiliates of their group.
In short, they sell to themselves,
and the prices charged by one subsi-
diary of another within the same
group depend largely upon the Taxa-
tion provisions which obtain in the
various tax-haven countries in the
Caribbean. In this way the Companies
were able to reduce their tax-payments
here in Trinidad to the barest mini-
mum.
It was because of this type of
sleight-of-hand by Oil Companies the
world over that the member countries
of the Organisation of Petroleum
Exporting Countries OPEC aban-
doned the old method of Taxation and
introduced the system of Posted
prices, and from October 1973 gave
up entirely the practice of consulting
with the Companies in the fixing of
price levels.



POSTED PRICES

The Posted prices were fixed by
the Governments within the context
of their own national development
needs and in consultation with one
another to adjust for regional differ-
ences in geographical location and
quality of oil.
But for Trinidad and Tobago
there had been problems in terms of
an adequate taxation policy even prior
to 1973 which, for the most part,
were not present in the other oil
producing countries. In the first place
nearly the entire export of oil from
Trinidad was in the form of oil pro-
ducts i.e., motor and aviation gasolines,


Even as the O.P.E.C.


their


revenues


a story of colossal


member s


from oil; Tapia


increase


has uncovered


corruption


As




Government want





To Give Back


We O

fuel oils, diesel oils, jet aircraft fuels
etc. whereas other oil-producing coun-
tries exported mainly crude oils.
Secondly, both refineries pro-
vided very substantial parts of their
outpni from imported crude. Shell
nearly 50% and Texaco about 80%.
Those two factors provided the
Trinidad & Tobago taxing authorities
with extraordinary appraisal problems.
For example it was necessary not
only to determine the precise'quanti-
ties and qualities exported, but it was
also necessary to determine exactly
what product was in fact being
exported was it high value high
octane motor gasoline or was it low
value residual oil.
In addition the taxation authori-
ties were also faced with the tricky
problem of just how to allocate the
refinery costs between the local and
imported crudes. In the end these
problems were never really solved by
the experts because lacking the techni-
cal information they found it impos-
sible to successfully challenge the
information which was presented by
the companies.
All these difficulties were re-
flected in the fact that Trinidad and
Tobago was collecting between 500
and 600 (U.S.) per barrel in taxes up
to 1972 compared with an average US
$1 1.28 per barrel for the Middle
East countries, and even more for
Venezuela, and this even though the
former countries are even further from
their markets than is Trinidad.



BILLION DOLLARS

The Arab producers decision in
October of 1973, swiftly ratified and
implemented by OPEC put collections
up to US $7.00 per barrel. Trinidad
and Tobago followed this momentous
lead by passing the new tax legislation
in 1974 which introduced the concept
of posted prices into Trinidad taxing
practice. hi addition the legislation
took the necessary step of separating
producing from refining and taxing
each separately.
The result of ite new legislauma
was that total income accruing to the
Government in 1974 from Petroleum
operations rose to some $800. million
T&T as compared with some $120.
million T&T in 1973. And it has been
estimated by TAPIA that total receipts
for 1975 will be in the region of
$1.000. million T&T.


il Bonanza


The 1974 legislation however
had one apparently innoucous clause
which has now assumed enormous
significance. The clause stated that the
provisions of the law embodying the
sovereign power of the State took
precedence over any side letters or
agreements between the Government
and the Oil Companies.
It may perhaps not have been
necessary to state so explicitly the
supremacy of the Law but that
apparently over-cautious proviso has
been the source of enormous difficul-
ties.
It is TAPIA'S understanding
that two of the Oil Companies were
in receipt of letters frdai various mem-
bers of Government which conferred
on them certain rights, certain exemp-
tions from the conditions which were
laid down in the law. They therefore
greeted the 1974 legislation with un-
disguised and unremitting hostility.


people's money. Moreover it appears
that they were faced with the prospect
of having to give back even larger sums
to Amoco and Texaco.
Now TAPIA understands that in
an effort to prevent the type of bitter.
controversy which resulted from the
Attorney General's first decision on
Tesoro, The Government is now
moving to have the entire 1974 Act
repealed in order to clear the way for
making the payout to Amoco and
Texaco.
If the legislation is repealed and
the pay-backs are made this could
result in a reduction of the Country's
revenue from the Oil companies from
the estimated $1.000. million T&T this
year to a paltry $350. million T&T. and
tkis, notwithstanding the fact that the
QPEC members have recently upped
their posted prices. So that we may
soon be in a situation where the other
oil producers get more than $20 T&T
per barrel while Trinidad and Tobago
is receiving only $4-5 T&T per barrel.


REFUNDS


The upshot of it all is that about
the middle of this year the Govern-
ment caved in under the pressure from
the Companies and agreed to pay back
some $50. million T&T, which was
Tesoro's share of taxes collected under
the provision of the 1974 legislation
but in excess of what Tesoro felt to be
right.
Quite naturally, the two remain-
ing Oil Companies, immediately lodged
their claims for similar consideration,
arguing that for the Government to do
otherwise would mean that it would
mean that it would be discriminating
against them and in favour of Tesoro.
The decision to refund such very
large sums of money belonging to the
people of Trinidad and Tobago springs
from an opinion given by the Attorney
General and Minister of Legal Affairs
in which he interpreted the provisions
of the 1974 Act. Information reaching
TAPIA reveals that this opinion by
the Attorney General has been the
cause of the most bitter arguments
within tie Government's legal fraternity
and in the top echelons of the
Ministry of Finance.
It is now being said that the real
reasons for the sacking and public
humiliation meted out to the ex-
Minister of Finance and his Pennanent
Secretary was their strong resistance
to the criminal give-away of the


UNBELIEVABLE

This then is the story unearthed
by TAPIA. And the multitude of
questions which it all raises are obvious.
In the first place the Government
needs to tell the people exactly why it
is paying back these huge sums to the
Oil Companies. The Government must
also tell us exactly how this vast
reduction in our revenues will affect
all the various grandiose plans an-
nounced by the Prime Minister.
There is a stink in the air and it
is not oil which Tapia is smelling but
an episode of graft and corruption on
so vast a scale as to be almost unbeliev-
able. While the Auditor General is
reporting on the chicken feed this
country is giving back hundreds of
million of dollars to the multinational
companies less than a year after we
started to get from them anything like
a portion of what should reasonably be
ours.
Government's silence on this
issue is ominous. Tapia is not pre-
pared to see our oil bonanza vanish
back into the pockets of the multi-
nationals or into the numbered bank
accounts of all those preparing tc
escape the inevitable Judgement that
will be made of their stewardship.

Phillip Woodward


TAPIA PAGE 3






PAGE 4 TAPIA
WHAT could be more
suspicious than a politi-
cian, particularly one
twenty years in power,
proclaiming the sanctity
of bureaucratic proce-
dures?
And when that politi-
cian is Eric Williams, who
has complained at every
available opportunity of
the obstructionism of
that same bureaucracy, it
is very obvious that there
is more in the mortar
than the pestle.
"A small ambitious
minority of civil servants"
said Williams in his PNM
Convention address, was
seeking to take over
power, by, among other
things, recommending
that agencies be erected
to operate outside estab-
lished bureaucratic proce-
dure.'
For Williams to react in
this way, is, quite apart from
the facts of the case, a confes-
sion of failure not of the civil
service but of himself as chief
executive and chief planner
of the nation.




DUTY

Anybody with balls is
ambitious i his chosen field;
anybody with balls, talent
and energy in public admin-
istration is in the minority.
And, let it be understood
from the outset, there is
nothing sacrosanct about any
civil service procedure any-
where.
It is the duty of all admin-
istrations, the politicians, the
technocrats, and the adminis-
trators, to constantly upgrade
themselves to cope with
changing tasks.
As for the question of


Lu W'IVIiiiJISiRVAINIi


administration being carried
out effectively by small
agencies or teams of techno-
crats, this, far. from being
unheard of as Williams implied,
is increasingly the trend
among technically advancing
countries.
Alvin Toffler in his book
Future Shock, speaks of the
rapid rise in both industry
and government, of "project"
or "task-force" management,
in which teams of experts
are assembled, outside the
normal bureaucracy, for
special purposes.




PROPOSALS
It is the duty of the head
of government, when such
proposals are made, to consider
them, sift them, accept them


or reject them in whole or in
part, but above all to keep
them coming, not to publicly
castrate the public service for
fathering them. If he feels
threatened by something he
cannot control, he should not
be in office.
In addition, there is a level
at which the administrative
arm of any government how-
ever constituted, should be
able to organise itself without
political interference in order
to perform its functions, for
example, by the formation of
inter-ministeri:ud and inter-
departmental Co-ordinating
Committees.
Even this, however, the
PNM Government has con-
stantly denied they even
took steps to forbid Perma-
nent Secretaries to meet
together, claiming (with the
support of an opinion by the
Attorney General) that such


meetings were "unconstitu-
tional."
Even worse, the Govern-
ment has consistently refused
to accept proposals for re-
organisation made through
the most formal of channels
- Commissions of Enquiry
appointed by the Government
itself, many of which were
similar to those for which
Williams is now excoriating
the individual Civil Servants.
The O'Neil Lewis Report
on the public service earned
its author many years of
oblivion, and the report of
the Dolly Committee on the
Machinery of the Public
Service, replete with proposals
for streamlining budgetary
and accounting procedures as
well as reducing the Cabinet's
load of trivia, was completely
disregarded.
So much for the theoretical
refutation of Williams' attack
on the Civil Service, a refuta-


tion which anyone can arrive
at for himself. But what
about the facts of the cases
themselves?
Here Williams suppresses
many of the facts, implying,
though not saying outright,
that things were done without
his knowledge or approval,
only to be set right later.
Speaking of an agreement
entered into with a foreign
government and signed by a
senior civil servant he says:
"When knowledge of this
agreement came to Cabinet's
attention some months later,
it was terminated by the
Minister concerned, and the
Prime Minister subsequently
reported the matter to the
Auditor General and later to
the Public Service Commis-
sion."
The truth is that Williams
knew of this agreement from
the beginning, and in fact a
letter exists from him to the
Head of State of the country
concerned approving of the
agreement and hoping for its
continued fruitful operation.
So in this matter, as in the
matter of the "takeover" by
an "ambitious minority" of
Civil' Servants, Williams is
telling far less than the truth.
It will be interesting for TAPIA
readers to have the facts of
these two affairs.


IN December 1972 Sir Ellis
Clarke in a meeting in Paris with
ERAP, the French Government's
petroleum research and develop-
ment agency, suggested an agree-
ment whereby ERAP would
participate. in the Liquified
Natural Gas (LNG) project.
ERAP was not interested in
participating, so an agreement
was drawn up whereby it would,
for a fee, give technical support
in reviewing the LNG agreement
between the Trinidad Govern-
ment,Amoco and the Pipeline
Co.
Now Cabinet long ago decided
that Consultancy agreements might be
entered into by Government agencies
without reference to Cabinet and
there is a provision in the budget of
the Ministry of Finance from which
consultancy fees are paid.
In any case Williams was informed
by Sir Ellis Clarke of the proposal.
After 34 months of discussions
here and in Paris between the Govern-
ment and ERAP, the agreement was
signed in April 1973 by Mr. Dodderidge
Alleyne, Permanent Sec. to the Prime
Minister.
Contrary to what Williams
claims in his speech, the agreement
was vet`4 and approved by the
Attorney General before it was signed.
It operated throughout the rest of
1973 and 1974.
In the middle of 1973 Williams
himself wrote to President Pompidou
of France thanking him for the services
of ERAPand hoping that the technical
assistance relationship would flourish


and expand.
In October 1973 the Arab-
Israeli war drove fuel prices so high
that Amoco had no further interest
in selling LNG at the prices fixed by
the proposed agreement. The project
therefore fell through. The Govern-
ment was not particularly worried,
however, since LNG would be needed
anyway within the country for fuelling
the proposed steel, aluminium and
petrochemical industries.

It therefore began-to consider
building an LNG pipeline of its own,
and signed a subsidiary contract with
ERAP for technical advice on this
question. With ERAP'S assistance, a
study for this pipeline was completed,
but Amoco subsequently sold the
Government a third plan which
involved the use of parts of Amoco's,
Texaco's and T&Tec's pipelines.


Meanwhile, in the course of 1974
ERAP became the target of violent
attacks by Mr. Francis Prevatt, The
Minister of Petroleum and Mines for
reasons which are not clear but pos-
sibly had to do with the loss of
influence of his ministry. As a result,
when Mr. Eugenio Moore and his
team went to Paris in April to discuss
French participation in Trinidad and
Tobago's industrial development, he
got a cool reception, and was in fact
told in so many words that Trinidad
should be careful not to antagonise
France because of the latter's influence
in the Arab world.
It was obviously Moore's duty to
report this in fact it would have
been criminally negligent of him not
to do so and report it he did. His
letter as it happens, was supported in
this matter by the report of the
Middle East team, with whom he had


no contact; but both these comruni-
cations served mainly to fuel Williams
intense resentment both at the authors
and at that unfortunate nation of
France.
In fact, Moore in his letter to
Williams reminded him of Williams own
letter to President Pompidou, where-
upon Williams replied (typically, not
to Moore in France but to Lewis in the
Middle East) saying that since Pompidou
was now dead there was no need to
bother everything would certainly
change in France.
The irony of this attitude, of
course, is that it takes no account of
the two major characteristics of a
government such as the French a
strong continuity of policy indepen-
dent of political change and a power-
ful civil service to assure that continu-
ity.
Significantly, also, The French
Ambassador to Port-of-Spain, on the
accession of the new President, Valery
Giscard d'Estaing got in touch with a
civil servant who had been a member
of the missions to the Arab countries
to assure this man of the esteem which
the President had developed for him
while Giscard was Minister of Finance
as clear an indication as any that in
matters of Government France was
willing to maintain good relations
while hoping for more sensible political
conduct in future.
This was the reason why Williams,
visiting Paris early this year on his
way to a meeting of the Council of the
U.N. University, having asked to meet
French Prime Minister Chirac, was
-refused an interview and was sent to
Shis hotel from the Airport in a taxi.


Denis Solomon takes a look at the


charges made by Williams against


the Civil Servants and finds more

in the mortar than the pestle.


----- .


The Case of



The Foreign




Agreement
<_____________*_


----







rUi 1 i NV IV 1- 1 T_ ...AP.I. P.. AG. E


THIS nefarious plot had its
origins in a group of senior Civil
Servants formed in 1973 to co-
ordinate the Government's
Liquified Natural Gas (LNG) pro-
ject which was to be undertaken
with Amoco and the Natural Gas
Pipeline Co.
It arose out of discussions
between Mr.-J. O'Neil Lewis and the
Prime Minister, and consisted of repre-
sentatives of the IDC, the Ministry of
Petroleum and Mines, the Ministry of
Finance and the Commissioner of
Inland Revenue.
At the end of 1973 the Office of
the Prime Minister himself sought
'approval of the Cabinet for this group
to become an Energy Secretariat
under the direct control of the Prime
Minister.
The Cabinet approved the pro-
posal on the first of January 1974,
and the decision was published in the
Trinidad Guardian. The Cabinet deci-


sion did not say, however, which
ministry would control the agency.
When, therefore, the Government
mission to the Middle East, which
included three of the prospective
members of the agency, gave Williams
the advice he finds so obnoxious -
"an Energy Secretariat or Agency
working within its own legislative
provision" and "subject to the control
of a Cabinet Committee chaired by
yourself" they were merely urging
that legislative sanction be given to
something already approved by the
executive.
Cabinet next decided to put the
Agency under the control of the
Ministry of Petroleum and Mines.


Williams now represents this decision
as having been taken to redress the
"unconstitutional" natu-reof the transfer
of individuals from various ministries
to the Energy Secretariat.
There was no such transfer and
the question of constitutionality did
not arise as the group was at that
stage no more than a committee of
technocrats formed with the approval
(which was unnecessary) of Cabinet,
and the decision to place the agency
in the Ministry of Petroleum and
Mines was taken only after Cabinet
had at first failed to place it anywhere.
If there was a problem of con-
stitutionality and it was solved by
placing the agency in the Ministry of


The Technocrats'


Takeover


When the Prime Minister declared
on Television that he was "a victim of
inactivity" he was indicating in' no
uncertain terms that "the chickens
had come home to roost". One of
these chickens is that of the inactivity
on the part of Government in the
field of Public Administration.
Time and again the Public
Services Association has publicly
requested that the Government lay
down in writing in clear and unambigu-
ous terms the extent of the authority
of Permanent Secretaries so that these
officers may be in a position to take
decisive action within the limits of
this known authority.
No such action has been taken
with the result that each and every
one of the Permanent Secretaries has
had to "play it by ear" in an atmos-
phere of uncertainty.
The Public Service is the only
large establishment in this Country in
which the lines and extent of authority
of senior officials are unclear. In this
context therefore, what is a Senior
Official to do if his Minister (be he
Prime Minister or otherwise) calls him
and gives him verbal instructions?






Should he refuse to carry out
these duties unless and until
he receives the instructions in writing?
Should he confirm the instruc-
tions-in writing before proceeding to
act? or should he proceed to carry out
these instructions faithfully without
bothering to concern himself with
evidence of his instructions?
If he resorts to the first course
he will not last long in that position.
Should he take the second course,
soon enough another of his Minister's
colleagues will approach him in an
atmosphere of glasses tinkling and
faces smiling and gently hint that he is
writing so.much as if he is building up
a defence; and if he does not translate
that hint into a cessation of "confirma-
tion memos" he will find himself in
the sarme situation as if he had followed
the first course.
If he follows the third course, in
the absence of any documentary
evidence underpinning his actions, his
Minister is free, if he so desires, to
disclaim any knowledge or account-
ability for his actions.
We agree that the atmosphere
which should exist between a Minister
and the Senior Officials in his Ministry
should be one of cordiality and in
most cases informality and that a
mister should have the right to
'expect that his wishes would be
faithfully and expeditiously carried
out without the need at all limes to
record in detail the ingredients of his
Directions.
: But we are of the opinion that a
-public servant in, such a situation


THE DILEMMA OF SENIOR


PUBLIC


OFFICIALS


With the aim of ensuring that the public hears Soth sides of the
case, TAPIA here publishes the reply by the Public Services
Association to the Prime Minister's attack on Senior Civil Servants.
The response appeared originally in the P.S.A. Review.


should not be left to rely only on the
Constitutional principles of "Ministerial
Responsibility", he should have the
right to expect that a Minister will not
hesitate in proclaiming to the world
no matter what the consequences
(political or otherwise) that the official
had acted under his directions.
The recent report of the
Auditor General has been the Centre
of such publicity and that Report has
brought sharply into focus the very
important function which that
Parliamentary Official has to perform in
the field of public accounting.
It is for this reason that the
Constitution protects the Auditor
General from interference by any
person or authority.
What the Constitution does not
cater for, however, is the fact that the
Auditor General himself is human, is
subject to all the foibles of human
nature, and has hopes, aspirations and
ambitions, and it may well be that
these may influence in him a hesitancy
when dealing with the person of the
Prime Minister who is in the most
strategic position to accommodate or
frustrate his desires.





Only the future will be able to
unfold the extent to which the
Auditor General's hopes, aspirations
and expectations are realized but at
presentwe shouldlike to assert that that
same public which has been literally
bombarded with propaganda in the
Press about the public service, still
looks forward for certain questions to
be answered, an area in which the
Auditor General could have been of
tremendous assistance.
In our view it is not enough for
the Auditor General to content himself
with the bald statement that he could
find no evidence of Cabinet's Author-
ity. He should have gone further.
Itis public knowledge that Mr.
Eugenio Moore has been credited with
the responsibility for the execution of
the KingGeorge the Fifth Park
Project and he is reported to have
stated that he thought he had been
given the authority to carry out these
works.


There is yet no public informa-
tion as to who is the person he
th ught hehad received such authority
from or whether he had merely taken
it upon himself to carry out these
works.
These works were carried out
amidst much public controversy and
neither the Prime Minister nor any
other Minister of Government would
dare to state in public that they did
not know that the works were in
progress.
If they did no one will believe
them. Why then was no action taken
to stop them before they progressed
to the state at which they are at the
present'!






It is public knowledge too, that
Mr. Eugenio Mocie was (and still is)
the Economic Adviser to the Prime
Minister. Why then did not the
Auditor General attempt to unravel
this public mystery by enquiring from
the Prime Minister if he did in fact
give Mr. Moore the instructions to'
carry out those works? And if he did
not, the next question should be -
Did the Prime Minister do or say
anything which could reasonably have
led Mr. Moore to believe' that he had
been given instructions to effect
those works?
The Auditor General having
omitted to explore this area, it is now
left to the Public Accounts Committee
to make such enquiries as are necessary
to clear up a matter which has now
become a matter of grave public
concern and which has in fact cast
some doubt upon the integrity and
competence of a very senior public
official who has served this country
with diligence, fortitude, selflessness
and dedication.
When the Prime Minister was
announcing his recent Cabinet Changes
he made reference to the fact that in
his own Ministry an Auditor General's
Query had gone unattended for two
years, implying no doubt that his
Permanent Secretary, Mr. Doddridge
Alleyne (who is also Head of the
Civil Service) has been negligent in


this regard.
It is Public Knowledge that
within recent years Mr. Alleyne has
been more out of the Country than in
and for this the Prime Minister cannot
disclaim either knowledge or prior
authority for-on many occasions Mr.
Alleyne's departure had been preceded
by a statement to that effect by the
Prime Minister himself.
The question which has to be
answered here is What steps did the
Prime Minister take to ensure that
during Mr. Alleyne's absence from
the Country the work of his Ministry
would be carried out efficiently? and in
addition, that those duties (still un-
known) which fall upon him as Head
of the Civil Service were attended to
with the utmost dispatch so that the
whole of the machinery of the public
service Administration should continue
to function smoothly and efficiently?





Mr. Alleyne could not delegate
those functions to anyone for it is not
in his power to do so, and even if he
did, his successor would not even
know what to do because the duties
and responsibilities of the Head of the
Civil Service, an office (or more
appropriately title) which has been
in existence for over fifteen years
have not as yet been defined.
It was the duty of the Prime
Minister to do so and if he did not do
so, why did he not? And if he did -
To whom did he delegate these func-
tions and why were they not carried
out?
The question of the protection
of Senior Public Servants and their
public accountability as distinct from
Ministers, is a Constitutional question
which must be dealt with in the
current Constitutional Exercise.
Is it right or fair for a public
servant to remain smothered in silence
while the Prime Minister and/or other
Ministers parade before the public eye
giving only their side of the story?
A senior Public Servant (especially
one who has acknowledgeably had a
long record of efficient and dedicated
service) should be entitled to state
publicly without fear of adverse
repercussions to his career as a public
servant. 'I am accused and I am
innocent. I demand to be judged by the
citizens of my Country. Let the
records speak. Here is my side of the
store. "


IF AND WHEN THIS
FACILITY SHOULD COME
ABOUT THERE CERTAINLY
WILL BE MORE ACCOUNT-
ABILITY ON ALL SIDES
(POLITICAL AND ADMINIS-
TRATIVE) FOR THE ACTION
OF PUBLIC OFFICIALS.


Petroleum and Mines (or, as. Williams
claims, forming another Energy Secre-
tariat and placing it there) why was
the second secretariat disbanded in
November 1974, a fact which was not
mentioned by Williams in his speech.
The fact is that Cabinet's vacilla-
tion and the final abolition of the
agency was the result not ot the ambi-
tions of the Civil Servants, who had
proposed the creation of a type of
-agency that is perfectly normal in
present-day administration (particularly
in the field of energy) and had more-
over proposed that it be given legisla-
tive sanction, but of the squabbles for
control of the agency which took
place among the Ministries of Industry
& Commerce, Petroleum and Mines,
Finance and the IDC.
And it is equally clear now that
these were squabbles which Williams
for all his power was too weak, or too
confused, to settle.
Denis Solomon


I ----------=----------


TAPIA 'PAGE 5


4ZITNrnAv OCTOBFRl 19.1975







PAGE 6 TAPIA
FOR several decades legal regula-
tion of the sea has posed a major
problem for international law-
makers. The necessity to refor-
mulate concepts and codify the
law has arisen once again as a
result of technological develop-
ments, focussing attention of
nations of the world on the sea
and sea-bed, which cover nearly
five-sevenths of the globe and
have a vast reserve of food and
mineral resources.
The realization of potentialities
of the ocean have transformed the
problem of legal regulation of the sea
into a major political issue of our time,
governing-to some extent the relations
between developed and developing
nations.
The liberation of several nations
from colonialism and continuation of
that struggle in other areas is an impor-
tant factor in influencing the attitude
of developing nations in reviewing
traditional concepts and conventions
in this'field, as the emergence of the
"third" world has led to a serious
analysis of international legal principles
and concepts, which originated in a
world order dominated by a few
powers.
As the rules framed before
largely subserved interests of these few
dominant nations, the concept of
unbridled "freedom 6f the high sea"
has been found totally wanting, as it
favoured developed over developing
countries.
The "freedom of the high sea"
concept, although historically based
on Grotius' arguments of the in-
appropriatibility" of vast expansions
of the ocean and its inexhaustible
resources, was in reality the byproduct
of a desire for expansionism on the
part of some European nations at that
time. Freedom of navigation was
essential for colonization of Asia,
Africa and the Americas, as it was for
growing interstate commerce.
The legal definition of the high
sea with "an absence of sovereignty"
of any nation did not prevent the
permanent and de facto exercise of
maritime power over it by dominant
naval powers. The consequence of this
was that the territorial sea of three
miles, conceded as the area within
which the coastal state could exercise
sovereignty to protect its coastline,
was the only portion of the adjacent
sea which was subject to its control,
and not that of maritime powers.


The 20th century revealed a
growing reluctance of individual nations
to accept the archaic laws, and nations
unilaterally extended their territorial
sea beyond the limit of three miles. A
conference held in 1930 by the League
of Nations on the width of the terri-
torial sea failed to arrive'at any agree-
ment.
A major development took place
in 1945 when, simultaneously with
President Truman's declaration on the
continental shelf, and through uni-
lateral declarations, a number of
maritime states laid claims to exclusive
jurisdiction and control over resources
of the continental shelf and associated
offshore areas. These claims were
sought to be justified on the basis of
geographic contiguity of continental
shelf with the land mass and for
reasons of security.
In 1958 these developments
culminated in a codification of the
law. The Geneva conventions on the
territorial sea and contiguous zone, and
te continental shelf, and fishing and
conservation of the living resources of
the high sea, together with the one on
the high sea adopted at that confer-
ence, constituted the "Geneva settle-
ment."
This settlement has been found
to be inadequate. The basic premise
on which the deliberations proceeded
and final codification evolved was
the classical concept of the unrestrict-
ed "freedom of the high sea" and the
preservation of hegemony of maritime
powers. It adopted unilateral claims to
exclusive jurisdiction over resources of
the continental shelf, asserted by
coast states, including maritime
powers.
The claim of developing coastal


states, as voiced by the Latin American
nations for an extended economic
zone of 200 miles for protection and
conservation of natural resources of
the sea and continental shelf, which
wet irreplaceable sources of their
subsistence and of vital economic
importance to them, was ignored,
though it did not conflict with the
basic principle of freedom of naviga-
tion.
This settlement also ignored
technological developments which had
totally transformed uses of the sea-bed
and, therefore, made it the object of
occupation and colonization by tech-
nologically superior nations to the
deprivation of developing nations. The
1958 conventions further did not adopt
adequate measures to prevent rapid
depletion of fishing grounds, owing to
indiscriminate industrial catching
methods adopted by "factory fleets"
of maritime powers to the detriment
of coastal states, dependent by virtue
of their technological backwardness on
the waters proximate to their coast for
fish to meet protein needs of their
population and enable survival of their
fish-based industry. Nor did these con-
ventions seriously consider the mili-
tary threat to developing nations from
a misuse of the sea and sea-bed by
maritime powers.
The conventions were biased in
favour of maritime powers in the
limitation of the contiguous zone to
twelve miles, in the exploitability
criteria adopted for extension of
national jurisdiction over the continen-
tal shelf and sea-bed, which could
be advantageously utilized by techno-
logically advanced maritime states. The
concepts of "maximum sustainable
yield and optimum utilization" of the


Fish are a vital resource for mankind the fishing grounds are being depleted by the industrial powers
with their "factory fleets, while developing nations suffer for lack of protein foods.:
c


POLITICS




ON





THE LAND


Most seabed petroleum is found within
shall have the rights to those margins?

world's fishing resources adopted in
the convention on fishing and con-
vention ot the living resources of the
high sea, were also specious rationaliza-
tions for continued exploitation-of the
world's oceans for the benefit of a few
privilege members of the international
community.
Several questions such as width
of the territorial sea, outer limit of
national jurisdiction over the conti-
nental shelf, necessity for an extend-
ed non-pollution and economic zone
and a "regime" for archipelagos, were
left unanswered.
Against this historical back-
ground, the "confrontation" between
developing and developed nations
acquired new significance. The effort
of developing nations to establish and
extend national jurisdiction is in
reality an exercise of their legitimate
responsibility to their citizens to
conserve, utilize and protect from
pollution and depletion the natural
resources in marine environment
proximate to their coast. This is an
attempt on the part of developing
nations to achieve a'redistribution of
resources of the sea in an equitable
manner to the world community.
But maritime powers found it
militarily desirable to minimise any
extension of territorial sea, as legal
regulation in this direction would
endanger their activities of military
surveillance. Developing nations, on
the other hand, desire to keepaway
from their shores naval military opera-
tions, use of the high sea as a dumping
ground for radioactive wastes, opera-
tions ,and stationing of submarines
armed with nuclear missiles, and data
gathering by electronic procedure and
other similar activities.
In 1967 a proposal by Malta
succeeded in reopening the entire 1958
Geneva settlement for a further discus-
sion. The Maltese proposal involved a
plan for declaring sea-bed resources
beyond the continental shelf as a
common heritage of mankind, to be
developed in the interests of all states


SUNDAY OCT










-i






BER 19, 1975


4-~

f A.
"`~

-.t.

-L- P


continental margin, who


with special regard to developing
nations. This led to an intense discus-
sion on law of the sea within the
framework of the United Nations.
The effort made by developing
nations led to adoption by the U.N.
general assembly of a "moratorium
resolution" in 1968, declaring that,
pending the establishment of an "inter-
national regime", states and persons
should refrain from all activities relat-
ing to exploitation of the resources of
the deep sea-bed and ocean floor
beyond national jurisdiction. On 17
December 1970 two important resolu-
tions were passed by the U.N. general
assembly, one consisting of a "declara-
tion of principles" governing the sea-
bed, ocean floor and the subsoiL
thereof beyond the limits of national.
jurisdiction, which proclaimed that
these are a common heritage of man-
kind, not subject to appropriation, and
that the area should be used for
peaceful purposes and be governed by
an "international regime."
The second declaration of the
U.N. general assembly' represented a
decision to convene a new "law of the
sea conference", the third sea confer-
ence to be held with terms embracing
every aspect of the law. This suggested
a complete reopening of the "Geneva
settlement" with no sanctity for any of
the four conventions. Through their
tireless efforts the "group of 77"
nations, reacting as underdeveloped
countries, confronted by socio-econ-
omic problems in the world, won for
themselves the right to review the
entire international law of the sea at a
comprehensive conference.
The Kenyan delegate appropri-
ately expressed the attitude wim wnicn
nations were to approach the confer-
ence deliberations. He said:
If we go to the 1973 conference
steeped in old concepts of the law of
the sea we are bound to fail. We must
find new concepts to resolve existing
conflicts of interest in the sea, so
that a fair and equitable framework
for the exploitation of the sea is
created.


The deliberations on substantive
issues at the second and third sessions
of the third U.N. conference, held at
Caracas and Geneva, revealed the
weaknesses of traditional law.
It is doubtful, considering the
trend, if the traditional limits of juris-
diction in respect of territorial waters,
fishing zones and the continental shelf
can be maintained. At the session of
the conference at Geneva in April-May
1975, no proposals could be adopted
as the problems created by positions
adopted by certain states have yet to
be resolved.
Developing nations have elo-
quently defended their interests and
maintained a stand which favours an
extended territorial sea and a 200-mile
economic zone. Their claims are with-
out prejudice to the freedom of naviga-
tion and overflight, provided it is
"innocent passage." These nations
have proposed two "regimes" in the
territorial sea in respect of navigation;
namely, hile right of "innocent pas-
sage", widiin a limited zone, yet to be
defined, and beyond this limit freedom
of passage, subject to the condition
that ships in transit, shall abstain
from any activity that may be prejudi-
cial to the coastal state, such as an
exercise or practice with weapons or
explosives, and violation of the pollu
tion regulations.
Other developing nations are in-
clined to accept a 12-mile territorial
sea, subject to the recognition of an
extensive economic zone of 200 miles.
In the economic zone the coastal
states seek to exercise sovereign rights
over living and non-living resources of
the sea and sea-bed and extensive
jurisdiction over the preservation of
marine environment, control of marine


pollution and conduct of scientific
research. They argue that geographical,
economic, political and juridical factors
make it imperative for them to have
an extended territorial sea and an
economic zone.
This is a reiteration of their
earlier stand, seeking legal recognition
of specific needs and interests of the
coastal states specified in the Montevi-
deo and Lima declarations of 1970,
Yaunde declaration in 1972, Santo
Domingo declaration of 1972, and at
the Algiers summit of heads of state
of non-aligned, countries.
On the question of outer limit
of national jurisdiction on the conti-
nental shelf, two views have been
advanced by developing nations.
Nations without a continental shelf,
the shelflocked states, have opted for
exercise of jurisdiction to a distance of
200 miles. Onthe other hand, develop-
ing nations with extensive continental
shelves have taken the position that the
jurisdiction of a costal state over its
continental shelf extends to the edge
of the continental margin bordering
on the ocean basin on abyssal floor.
Some developing nations with wide
shelves have adopted this position in
Revision of their earlier stand, support-
ing a continental shelf jurisdiction to a
distance of 200 miles, keeping in view
the prospects of striking offshore oil.
As these prospects increase,
Some developing nations feel that they
will be better off with a wide shelf
jurisdiction, which they would be able
to exploit for their own development,
as this may lead to a much more rapid
development of underdeveloped
nations. The "continental margin"
line as the limit of national jurisdiction
is also supported as a distinct and


FOR





A LAW OF





THE SEA


Underwater research and exploration will increase as man improves his technology. Yet without in-
ternational regulation the industrial nations will continue to reap the most benefits from the riches
of the seabed.


for the purpose of demarcation being
geologically a far more precise feature
than the edge of the geological conti-
nental shelf.
Despite long-standing historic
claims by some of the archipelagic
states, to be considered as one single
unit for delimitation of territorial
waters by drawing straight baselines
from the outer-most islands of the
archipelago, no such rule had been
accepted by the Geneva settlement.
Notwithstanding the opposition by
maritime powers, Indonesia and the
Philippines have struggled for accept-
ance of their.claim. In their view an
archipelagic country is entitled to
rheasure the width of its territorial
sea from a baseline, which will gua-
rantee the unity of the archipelago.
The "innocent passage" of foreign
ships through these waters is conceded
by these nations.
Developing nations have generally
expressed support for the stand of the
archipelagic states, and there is a
further proposal by some nations
with groups of offshore islands that
the "regime" of archipelagos should
apply also to the offlying group of
islands of a coastal state in the
interests of territorial integrity, secu-
rity and commercial and fiscal reasons.
The internationalization of the
sea-bed to prevent exercise of juris-
diction beyond national limits by an)
state or person has been proposed by
developing nations, as they desire that
exploration of the area and its
resources should be carried out for the
benefit of mankind as a whole, taking
into -particular consideration the
interests and needs of developing
countries, the exploration and exploita-
tion activities in the area to be
conducted by an international sea-bed
authority.
Developing nations are commit-
ted to establishment of a strong inter-
national machinery for the area and
reject as inadequate any weak
machinery meant only for dissemina-
tion of information or registration of
claims of various states. Many of them
are also opposed to a system of
licensing, as licenses given to private
companies would, in practice, give an
advantage to technologically advanced
countries, create monopolies and serve
the interests of individual states and
companies rather than those of man-
kind.
Continued on Page 10


TAPIA PAGE 7






PAGE 8 TAPIA.


Surinam struggles






Brink of Civil War


THE spectre of civil, and
possibly racial, war is
hanging over the mineral-
rich Dutch territory of
Surinam only six weeks
before it is due-to become
South America's newest
independent republic.
The political forces
battling for control of
the 62,500-square-mile
colony on the fringes of
the Amazon basin are
lined up behind an ageing
conservative millionaire
who fears "black power"
and a 39-year-old former
bank clerk who wants to
reduce the almost total
control of the economy
by giant transnational
companies.
The two men, Jaggernath
Lachmon and Henk Arron,
respectively represent the
racially-divided country's East
Indian- and African ethnic
groups.
Lachmon, a wealthy lawyer,


whose Vatan Hitkarie Party
was ousted from power nearly
two years ago, fears that
Arron, the young premier,
will try to break the economic
power of the East Indians,
who comprise 37 percent of
the population and dominate
local commerce.
He is against the indepen-
dence that Arron and his
supporters regard as a matter
of dignity and a chance to
obtain a bigger share of the
country's mostly untapped
wealth for Surinam's 400,000
people.


EXODUS

Lachmon has already effec-
tively brought down Arron's
four-party coalition by enticing
three government Parliamen-
tarians into his camp, thereby
depriving the premier of a
parliamentary majority by a
single vote. Since they crossed
the floor iin August, one of
them, a chinese businessman,


has fled the country for fear
of his safety.
Earlier this month, Lachmon
flew the entire 20-member
opposition in the 39-member
parliament, including himself,
to the Hague to try to
persuade the Dutch govern-
ment to force a "national
unity" cabinet on Arron
which will enable the defeated
Lachmon to return to power.
But the Dutch Premier,
Joop Den Uyl, already deeply
embarrassed by a mass exodus
to Holland of thousands of
Surinamese who fear com-
munal violence after indepen-
dence, has, in line with his
government's anti-colonialist
world stance, insisted on
staying well out of the
troubles convulsing Holland's
largest overseas possession,
which has had internal self-
rule since 1950.
He has spurned even the
role of mediator, placed his
hopes in Premier Arron, and
said independence cannot be
postponed.


on



Unable to prevent actual
independence, due on Novem-
ber 25, Lachmon is demand-
ing a big say in the drafting
of the New Republic's Con-
stitution, with guarantees
written 'in to protect the
interests of the East Indians,
the country's largest single
racial group.
He has already stipulated
that the projected National
Unity Government must not
include the left-wingNational
Republic Party, led by the
Economcis Minister, Eddie
Bruma; whom Lachmon
charges is the brain behind
Arron's attack on the status
quo.



UNEMPLOYMENT

The Premier has enthusi-
astically taken Surinam, the
world's third biggest producer
of Bauxite, into the New
International Producers' alli-
ance, the International
Bauxite Association, and
quadrupled the taxes to be
paid by the American firm
Alcoa, which mines in Surinam
a quarter of the total U.S.
supply of Bauxite.
Ninety percent of Suri-


SUNDAY OCTOBER 19, 1975


Focus on. the Regio


U.S. Refuses to give Up A^


rights

THE U.S. House of
Representatives on Sept.
24 voted 203 to 197 that
no U.S. rights be sur-
rendered in Panama Canal
negotiations.
Members rejected a
House-Senate conference
compromise that diluted
a House-passed measure
of June 26 barring 'the
use of funds for any
giving away of U.S. rights
in the Canal Zone.
An angry Panama Gov't on
Sept. 20 had claimed that
the U.S. had been demand-
ing in negotiations the right
to defend the Canal for "an
indefinite time, which is
tantamount to perpetuity."
This revelation, a purpose-
ful violation of an agreement
to observe secrecy in the
talks, was used to express
anger over the U.S. position,
Disclosure was made to the
press by Panama's negotiating
team, led by Foreign Min.
Juan Antonio Tack.
It came after a 10-day
round of talks, during which
the Panamanians found little
or no position-change since
the last parley almost 6
months before, U.S. roving
ambassador Ellsworth P.
Bunker, 81, returned to
Panama in early Sept. to head
the U.S. team.
On his arrival he said he


in Canal Zone


Caribbean News

did not see a speedy comple-
tion of discussions.
Many observers said that
Pres. Ford could not afford
a Canal treaty revision prior
to the U.S.Presidential ballot-
ing in Nov. 1976.
The main obstacle to a
settlement of a new treaty
seems to be in Washington.
In the Senate, 37 members
-- enough to stop ratification
- have pledged opposition if
a new treaty would give up
U.S. sovereignty. over the
Zone. Sovereignty is the No.
1 objection of the Panaman-
ians.
U.S. Congressional opposi-
tion, chiefly Southern & con-
servative, is based on 3
factors: the huge U.S. effort
to build the Canal, the fact
that the U.S. has run the
waterway for half a century
and paid Panama millions of
dollars and the fear that
Panama's takeover would
open the area to leftist activi-
ties.
Mr. Bunker said that the
U.S. now is willing to accept
a new 25-year treaty, after
which full ownership of the
Canal and the Zone would
be turned over to Panama.
The catch-22, however,
revealed by Panama, is that'
the U.S. also was demanding
a strong, U.S. military- pre-


sence in the Zone for a total
of 50 years maybe longer.
Panama's strongman, Gen.
Torrijos, has insisted that the
U.S. military must be gone
within 25 years. "The year
2000 is a sacred number," he
declares.
If diplomacy fails, the
general said, he would have
only two options. "Either we
crush the people or we sup-
port them. I am not going
to crush the Panamanians."
U.S. Secty, of State Kis-
singer in mid-Sept. suggested
that the U.S. would insist
upon unilaterally defending
the Zone for the indefinite
future, rather than granting
Panama a joint defense role.
Hundreds of Panama's
leftist students, mostly high
school pupils, demonstrated
on Sept. 23 vs U.S. military
bases in the Canal Zone,
attacked the U.S. embassy in
Panama City with Molotov
cocktails, rocks & red paint.
No injuries were reported by
the embassy.
The students assailed both
Panama & the U.S. for an
announced agreement that the
"defense of the canal will be
carried out jointly by both
nations."
Five days earlier, in a
peaceful protest, transport
workers blocked all access
routes to the Zone for 45
min., while students briefly-
halted the Panama R.R. on


/~
C. i


General Omar Torrijos of Panama: Either we crush the people or we
support them. I am not going to crush the Panamanians!


Zone terrain near Colon.
Panama apologized to the
U.S. for the window-breaking
Embassy demonstration. The
U.S. had protested that the
Panama National Guard stood
idle for some time before
acting against the rock-hurling.


As the Wall Street Journal
observed, in a lengthy Page
One story on Panama. Aug.
21, "many Latin Americans
view the (Canal) negotiations
as a test of U.S. intentions
.and attitudes toward the
entire region."


name's foreign earnings come
from Bauxite. American
investments in Surinam total
some 500 million U.S. dollars.
The situation is tense in
Surinam meanwhile, the frus-
trations of heavy unemploy-
ment (30 percent) and other
economic ills which exploded
into two months of rioting
and burning in the Surinamese
capital, Paramaribo, two and
a half years ago and which
led to Arron coming to
power, are still there.
Even as De Uyl put the
finishing touches in Paramaribo
last May to a deal with Arron
to provide Surinam with 550
million sterling in Dutch aid
over the next 10 years, East
Indians were burning down
government buildings and
staging demonstrations against
independence.
The fear that violence
might erupt again after inde-
pendence has driven some
30,000 Surinamese, nearly all
of them East Indians, to flee
in panic over the past year to
Holland, where the generous
social security benefits avail-
able to them and the already
high unemployment are
arousing increasingly racist
sentiments in their Dutch
hosts.
About a fifth of the
country's population, includ-
ing an alarmingly high propor-
tion of its skilled labour, has
emigrated to Holland in the
past two years.
Some groups in Surinam
have suggested racial partition
as a solution to the country's
problems. Many East Indians
fear a repetition of the
entrenched political domina-
tion by Africans which exists
in Guyana.






SUNDAY OCTOBER 19, 1975 TAPIA PAGE 9


IN few places are the
mosquitoes as numerous
as in Frederic Settlement.
Ask Ivan Laughlin; one
evening at a house meet-
ing he was heard to
remark "Man I ,never
know mosquito could
sting so hard." The many
stagnant drains that
abound in the area are
the principal cause of this
most annoying and un-
healthy situation.
There is a large deep drain
which is supposed to flow
into the Caroni Swamp. The
water dosen't move. At one
time Caroni Ltd. used to look
after this drain. Now nobody
knows who is responsible for
its maintainance.
A year or so ago, the gov-
ernment started a project to
dredge and concrete this drain,
so that the water could flow
freely. The project was hardly
begun when, suddenly, it was
abandoned. All the material,
gravel, cement etc;disappeared
of course, but the stagnant
drain remained.
There are several other
stagnant drains all over the
area. Many of them are
infested with mosquitoes.
From time to time contrac-
tors are hired to clean these
drains by the County Council
but they are rarely ever hired
more than once or twice
during the year. Because of
poor maintainance therefore,
the drains are a constant
problem.
There is a maintainance
crew, under the jurisdiction
of the county council, which
is present most days in the
village. It would seem however,
that nobody knows what they
are supposed to do. The
villagers claim that most
times they merely do nothing.
The Ministry of Health
has, within recent times, also
neglected the area. The people
of Frederic Settlement can
remember a time when health
officials used to visit and
spray the area regularly. This
helped to control the sandflies
and mosquitoes to some
extent.
Now however, health
officials hardly ever come to
look at the condition of the
place, much less. to. take
preventitive or remedial
action.
__ Despite the neglect, the


Frederic Settlement


Another Village


The P.N.M. Forgot!


AS Tapia continues to wage its campaign of House meetings,
Block meetings and Public Meetings in communities all over
the country, members of the various campaign teams are
always regaled, by tales of woe.
Up and down the land the people are desperate to
talk to anyone about the hardships they face and invariably
they admit that their greatest frustration comes from the
fact that there is nobody in authority. close to their com-
munities. with whom they can raise the issues.
Today TAPIA brings the story of Frederic Settlement
one of the many, many forgotten communities throughout
the land.


people of Frederic Settlement.
like to think of themselves as
independent,. hard working
people who are willing to
help themselves. But even
their attempts at selfhelp have
been frustrated by the
authorities.
Not so long ago, they
wanted to build a sidewalk or
footpath from the Settlement
to the Caroni Hindu School.
They indicated to the govern-
mental authorities that they
considered the safety of their
children a top priority and
as such would be willing to
volunteer free labour if the
necessary material would be
provided. Sad to say, their
offer was not taken up.
Today, children still brave
the traffic on their way to
and from school.
The villagers also recalled
the days when there used to
be a vibrant village council
and an enthusiastic youth
group. Both of these attempt-
ed at one time to work hand
in hand, in the interest of
their community.
These organizations, the
villagers claim, functioned for
many years, but, lacking
power themselves and, un-
able to make any impact on
those who hold power, most
of their efforts at self-help
and community development
have ended in frustration.
Now the youth group is
- defunct and the Village Coun-
cil hardly exists at all.
Unemployment is high in
Frederic Settlement, especially
among the young. Those who
are not employed in sugar,


have few options- open to
them.
Some of the more enter-
prising youth go out of the
village from time to time and
do odd jobs such as mowing
or planting lawns and so on.
But for the vast majority,
life is merely a process of
wasting away, day by day.
On occasion, "project
work" has come into the area
yet when these projects begin
most of the jobs are taken by
outsiders.
Many who have worked on
projects claim that the whole
business is rotten to the core.
In the past, those seeking
jobs have been asked to pay
$75 as bribe, to secure em-
ployment.
The people of Frederic
Settlement lamented the fact
that they are so powerless to
look after the needs of their
own community.
'The. County Council, they
claim, is responsible for too
large an area and has too
little resources to look after
the needs of every community
in County Caroni. Most times
therefore the council is un-
responsive to community pro-
blems.
In addition, Frederic Settle-
ment has no Parliamentary
representative. Since the 1971
election campaign, they have
not set eyes on Ashraf Ali,
who in the meantime has
become totally fed-up with
the government and the PNM
and has resigned his post as
Parliamentary Secretary in
the Ministry of Agriculture.


KIRPALANI'S


IS


and BASIC

We've got what you
need at minimum cost.











KIRPALANI'S NATIONWIDE


WHERE



WERE


YOU




WHEN


The W.F.P.eampeignedin 1966?


Beau Tewarie, Com-
munity Secretary. The
man who sees at first
hand all the forgotten
villages.


SUNDAY OCTOBER 19, 1975


TAPIA PAGE 9


J






PAGE 10 TAPIA


From Page ',

Developing nations also feel that the
international "regime" to be adopted
should provide for orderly, safe
development and rational management
of the area. As far as the organisa-
tional structure of this agency is
concerned, the proposals are for a
council an assembly, a secretariat, a
tribunal and an enterprise. These
developing nations have made it clear
that they would not accept any system
of preferential or weighed voting for
technologically advanced nations.
Among the advantages of an
international "regime" are that tnis
would avoid conflicts among nations,
ensure the most effective distribution
of natural resources of the sea, pre-
vent military use of the sea-bed and
contamination of sea. It should also
provide the United Nations with an
independent source of income. The
history of international administration
in such fields as civil aviation, tele-
communication, postal affairs and
other functional facilities is one of
generally harmonious and fruitful
progress.
From their earliest position of
resistance to any transformation of
the classical law and the Geneva settle-
ment, the major maritime powers have
now offered a "package deal" to
developing nations. They are prepared
to accept a 12-mile territorial sea, a
200-mile economic zone in which
coastal states should be allowed pre-
ferential fishing rights in exchange for
the right of "free passage" rather than
the usually recognized "innocent
passage" through international straits
as, by virtue of an extension of the
territorial sea to 12 miles more than
100, international straits would become
territorial zones.



LANDLOCKED STATES

The maritime powers feel that
the presently accepted right of "inno-
cent passage" through territorial waters
was too circumscribed in its scope and
subject to too many varied interpreta-
tions to constitute an adequate sub-
stitute for an effective exercise of
freedom of navigation through interna-
tional straits, since, apart from the
fact that the rights of warships to free
passage through territorial waters is
disputed, overflights are not permitted
and submarines are obliged to travel
on the surface and fly the flag. Develop-
ing nations bordering on international
straits feel that by insisting on
application of the principle of "freedom
of the high seas" to straits which are
territorial zones, maritime powers are
denying the inviolable sovereignty of
nations. This demand is being resisted
by such developing nations in order
to safeguard their legitimate security
interests.
On the otherhand, other develop-
ing nations, apprehending discrimina-
tory treatment by riparian states,
desire to maintain freedom of naviga-
tion, essential for communication and
commerce and to support the present
regime of "free passage" in interna-
tional straits and in other traditional
channels of communication, with suit-
able guarantees for the security
interests of the riparian states.
A further obstacle to adoption of


SUNDAY OCTOBER 19, 1975




POLITICSONLAND





FOR A





LAW OF THE SEA


- --
nr

~3~ zq '-


The problem of marine pollution and that of conservation of endangered species are other
issites for which regulaa regulations have not yet been adopted.


a convention has been posed by land-
locked states. In the midst of numerous
and complex relations between coun-
tries of the world and the sea, land-
locked states claim that they are
neglected. The special problems of
the land-locked countries were recog-
nised in the U.N. conference on trade
and development in -1964 and 1968
and the U.N. general assembly discus-
sed and supported their position. A
convention on transit trade of land-
locked countries adopted in 1965
was ratified only by 21 nations,
Nigeria alone of the 21 providing a
transit to a land-locked state.
At the sessions of the U.N.
conference, the land-locked states
have adopted the position that whereas
they sympathised with aspirations of
the coastal nations, they would sup-
port their proposals on the clear
understanding that the rights and in-
terests of land-locked states would
be safeguarded. Land-locked states
claim a guaranteed right of transit
through the neighboring coastal state,
port facilities, access from the sea and
a right to participate in exploitation
of living resources of the economic
zone.


The geographically disadvantaged
states, because of their geographic
position, are unable to claim an econ-
omic zone, and have demanded legal
access to living resources of the econ-
omic zones of adjacent coastal states
in exchange for acceptance of extended
national jurisdictions over the sea and
continental shelf.
Whereas the peculiar geographic-
al handicaps of land-locked states and
geographically disadvantaged states
have been sympathetically considered
by developing nations, it is debatable
with reference to the right of transit
whether developing nations would
grant such privileges through a conven-
tion, which might be construed as
prejudicial to their sovereignty. The
claims of these states to transit and
port facilities and living resources of
the economic zone could be met in the
form of preferential rights within the
framework of bilateral and regional
arrangements which most developing
nations are willing to concede.
By their demand for international-
ization of the sea-bed beyond national
jurisdiction, developing nations have
secured for developing land-locked
states a share of the world's resources.


which would otherwise have been
denied to them. While coastal nations
might concede in a spirit of goodwill
those demands of the land-locked
states should have to take into account
the fact that their interests lie with
developing nations and any attempts
to frustrate the solidarity of develop-
ing nations would not be in the
interest of the '"third world"-.
The problems of overfishing
and marine pollution, which are of
considerable importance to mankind,
have been seriously deliberated upon
at these sessions, but details regarding
international agencies and regulations
required to eliminate the danger to
rifarine environment and coastal states
have yet to be adopted.
The third session of the law of
the sea conference concluded on May
9 this year with a decision to hold
another meeting in March next year.
The failure to adopt proposals by some
states has created a feeling of despon-
dency among those who are working
for a just and equitable order for the
ocean acceptable to nations. This is an
urgent necessity in the absence of
which the sea would become an area
of international friction.
= ------ -----------


Our printing-plant is open at
The Tapia House 82-84 St. Vincent
Street, Tunapuna.

Kindly phone orders to: 662-5126.


PUBLISHING uFurr T PRINTINGuEDITING SERVICE


j


TAPI'A.I


PRNTN &PULSHN


I


I


S I P. -I'


--- --- ---I-T
Jut,~




SUNDAY OCTOBER 19, 1975


T ^apia

Had AOle Time

'Fete


. LI
oj .:

~ ..
,.. :::5

;-- '


Oi. ,,d


;E 11




Mrs. Andrea Talbutt,
Research Institut for
Study of Man,
162, East 78th Street,
New York, NY. 10021,
Ph. Lehigh 5 8448.
U.S.A.


Counci


Member


to Decide on




New Structure


THE Tapia Council of
Representatives meets
this Sunday Oct. 19, in
what has been described
as perhaps the most
important single meeting
the Council has ever held
in its existence.
me main item on the
a :da at Sunday's meeting
will be discussion of a paper
prepared by Tapia Editor
and former Campaign
Manager, Michael Harris, out-
lining the constitutional iid
structural changes necessary
to formalise the transition of
the nation-wide organisation
which has grown up over the
years.
The Paper, which has
already been circulated to
members of the Council is in
two parts. The first part deals
with the constitutional
changes necessary. It discus-


ses such steps as the forma-
tion of a Parliamentary Party,
the establishment of Consti-
tuency Parties and the
procedures for the selection
of candidates.
The second part of the
paper deals with a Campaign
strategy designed to take
care both of the needs of the
coming election as well as to
give life to the proposed new
institutions in the organisa-
tion in a political way.
The regular members of
the Council, composed of all
the members of the National
Executive together with two
representatives from each
local group, will be joined on
Sunday by cadres from com-
munities all over who are
actively engaged in the field
of campaign work.
The meeting gets underway
at 10.00 sharp and will be


Solotmton


chaired by Tapia Chairman
Denis Solomon. All Council
members are asked to be on
time and to bring their own
food.


S


Meet


CouncilAgenda


1. Minutes of Previous

Meeting.


2. Matters


Arising


3.Reports From Executive

Treasurer


Administrative


4.Campaign


and Organisation


5. Reform


of Tapia


Constitution


Public Meetings Campaign



Moves Into Top Gear!


THE Tapia campaign of
Public meetings is already
moving into top gear and
will soon become the
major thrust of the
elections campaign re-
placing the House meet-
ing, and the block meeting,
hundreds of which have
already been held all over
the country by the Tapia
cadres.
Next week Tapia is
scheduled to hold four
public meetings in differ-
ent areas. On Saturday
Oct. 18, at 6.30, a large
contingent of speakerswill
be out at Masahood
Junction in Siparia. The
team which will be
headed by Local Tapia-
men Billy Montague and
Annan Singh, includes
Lloyd Best, Michael
Harris, Beau Tewarie and
Augustus Ramrekersingh.
The next meeting will
take place in the other
end of the island at the


Annan Singh


corerr of the Diego
Martin Main Rd. and
Covigne Rd. in Diego
Martin. This meeting
takes place on Tuesday,
Oct. 21, at 6.30 and the
topic under discussion
will be "The Public Ser-
vice and the Prime


Billy Montague


Minister."
The team on this
occasion will be led by
Junior Wiltshire and will
include Denis Solomon,
Lloyd Best, Syl Lowhar,
Michael Harris and Allan
Harris.
Then on Wednesday


Arnold Hood


next week Tapia moves
back to the deep south
to hold two meetings the
first of which begins at
5.30 on the main road in
Erin and the second
scheduled to begin at
7.00 on the main road
in Santa Flora. Speakers


Sv' Lowhar


for both these meetings
include Mickey Matthews,
Arnold Hood, Ivan
Laughlin, Lloyd Best and
Beau Tewarie.
Times and places for
other meetings will be
given in the.daily-press
or in next week's issue.


Sec.


Management