I am overwhelmed with emotions. I am mournful and tearful. I am so saddened and feel broken and helpless. I am compelled to ask why Haiti tragedies are seemingly ceaseless and endless. And why is it that Haiti never gets any respite? Why is it that Haiti has all through history suffered calamities, catastrophes and disasters? Why is a once- great people in a nation which was full of promise now perpetually embroiled in palpable devastation and abject poverty?

Haiti’s beginning was auspicious and most audacious, and that, in itself, inspired ceaseless and endless reprisals from two hemispheres. And then, there are also reprisals from outer space and now, reprisals from underground.

An article in The New York Times by one Tracy Kidder captures the core and essence of Haiti’s plights and predicaments. Mr. Kidder a few days ago wrote what encapsulates the happenstances of history regarding Haiti “Haiti is a country created by former slaves, kidnapped West Africans, who, in 1804, when slavery still flourished in the United States and the Caribbean, threw off their cruel French masters and created their own republic.”

Mr. Kidder further stated that “Haitians have been punished ever since for claiming their freedom: by the French who, in the 1820s, demanded and received payment from the Haitians for the slave colony, impoverishing the country for years to come; by an often brutal American occupation from 1915 to 1934; by indigenous misrule that the American government aided and abetted. In more recent years American administrations fell into a pattern of promoting and then undermining Haitian constitutional democracy.

In the aftermath of this calamitous earthquake, there have been outpouring of promises and pledges of disaster relief and it is hoped that these promises and pledges are delivered. And again, in the words of Mr. Kidder, “The ultimate goal of all aid to Haiti ought to be the strengthening of Haitian institutions, infrastructure and expertise.”

It must be clear to all by now that the decision to disband Haitian military was wrongheaded. It is similar in consequence and outcome to the disbandment of Iraqi military at the onset of the invasion and occupation of Iraq by the United States in 2003.

In Haiti as in Iraq, some members of the military were anti people and operated with impunity and above the law. But one thing to have done was to reform both militaries instead of abolishing or disbanding them, and leaving a void or vacuum. While the foreign search and rescue team will be in Haiti for a short time, and then leave, it must be stated that Haitians must be assisted to endow own local infrastructure, managed by the locals in the locales.

 The world must get out of the business of decimating local capacities and local enterprise, whether it relates to the raising of pigs or the production of milk or the management of local military or paramilitary. There is so much value in local content, even imperfect ones, they usually know the terrains and conditions and with stake in the outcome for the long term or long haul.

Haiti was pressured into a situation, in which she had no army or military, while in Iraq, the US disbanded Iraqi military by fiat or pronouncement, as the US described uniformed Iraqis as tools in the hands of Saddam Hussein. I take the view that no nation should be in the business of deciding what other nations should have a standing army or military.

In the case of Iraq, the disbandment of Iraqi military, which was ostensibly loyal to Saddam, produced unintended consequences, including, becoming the source of insurgency and disgruntlement which undermined America’s occupation of Iraq. Regarding Haiti, abolishing the military, produced yet another unintended consequence. It deprived Haiti of trained, organized and cohesive first responders or military efficiency which could have been directed at rescue efforts in partnership with arriving foreign rescuers and first responders.

Reform should have been encouraged instead of disbandment of military and paramilitary. After all, on the matter of lawlessness and impunity, local police forces and law enforcement agencies in America were in cahoots, connivance and collusion to oppress African Americans, segregate and discriminate against African Americans. Local police and law enforcement agencies in America were tools of the white supremacy group, Klu Klux Klan, they were intertwined, interconnected and doubled and piggy backed in their nefarious activities.

There were multiplicities of impunity and lawlessness, racism and criminality all at the expense of African Americans… even as recent as 40 years ago. Jim Crow was official policy until the Civil Rights movement and until segregation requiring the US National Guard to enforce human rights and civil rights which were routinely violated by local officials and other local police and local law enforcements agencies… until there were reforms.

Reform should have been policies in Haiti and not the disbandment of law enforcement agencies in Haiti. Disbandment was as a consequence and was precipitated by pressures from the outside

In the days and weeks ahead, a Haitian military or paramilitary force, would have been useful in maintaining law and order. Directing traffic and preventing anti social behavior and chaos, which are quite likely to ensue, as victims who are still stunned, recover from shocks and soon become desperate for limited resources and services.

The grief is palpable and thankfully, through all of this, Haitians are generously supportive of each other; Haitians are digging fellow citizens out of earthquake rubbles and sharing water, gauzes and the very minimal of resources which they have left.

There will be desperations borne of long suffering and hardship. The paucity of resources, such as water and food, could very likely lead to stampede and disorderliness, and yet again, the world will wonder why? There could be stampede and local military, paramilitary and or civil defense forces would have been useful in this regard. But there have been deliberate decimation and depletion of local capacities.

There are concerns that there could be outbreaks of cholera, diarrhea and other diseases which might result from the now festering poor sanitary conditions and the scarcity of clean water, electricity, as well as exposed broken sewers. All these present logistical nightmares for search and rescue personnel, local and foreign, require dynamic modalities. And again, building local capacities is crucial, in view of long term considerations.

Haiti, just like Jamaica and Guyana have had their local capacities whittled by outsiders deliberately. Those who resisted such outsider usurpers have been labeled, castigated, and cast off, Linden Forbes Samson Burnham of Guyana was called socialist communist, and so was Michael Manley of Jamaica, just because they sought to protect and preserve local initiative, local enterprise, and local capacities.

Haiti used to produce a great deal of what she consumed, and even exported. There was abundance of rice and animal husbandry. Jamaica used to produce milk and dairy and banana in abundance, until Jamaica was targeted by the multinationals, and resisters labeled communists. Farmers, food and agro industrial conglomerates in America continue to receive subsidies from governments, while same western governments pressure Caribbean and African nations not to grant any such subsidies.

This practice creates unfair trade practices for the advantage of western conglomerates, farmers and food producers, and this in turn decimates local initiatives and local enterprise and capacity building in Caribbean and African nations… for the advantage of western entities.

Sadly, there are no social safety nets in these nations, quite unlike it is found in western societies. So many odds are piled upon Caribbean and African nations and these odds are all connected by the strands of race which in turn festoon social political instability.

There are these cause and effect which are all connected and our fates are linked and in the Haiti earthquake, I see the plights and predicaments of all Caribbean nations and continental Africans and peoples of African descent worldwide. Never a dull pleasant moment, and never a respite.

It is so easy for some in the world today to ignore or be willingly ignorant of the evil seeds which were sown in these nations. Seeds sown and nurtured, which have led to these structural defects and persisting instabilities.

 There are continued manipulations, interventions, and interferences by outsiders which undermines growth and development and sturdy structures. It is quite easy for those willing to be superficial, intellectually lazy and or, unwilling to confront the inconvenient truth, to blame the victims and say, why can’t these nations ever help themselves?

The truth is, there is nothing ordained or preordained about people from Caribbean and continental African nations. There is nothing in our genes which guarantees failed nation economic, political and socials instabilities and failed nation statuses. Tracy Kidder and Bill Quigley addressed some of these in Mr. Kidder’s article in The New York Times and Mr. Quigley’s in the Huffington Post of January 14, 2010 titled, “What the Mainstream Media Will Not Tell You About Haiti: Part of the Suffering of Haiti is “Made in the USA”

Some are right now installing puppets in Afghanistan and Iraq, puppets who are too willing and only amenable to the wishes of foreign powers and the political and business interests of outsiders, in denigration, damnation and complete disregard of the interests and roles of the local peoples.

Local political and business power structures which are inconsistent and in contradiction to the peoples of Afghanistan and Iraq are being planted, but in a few years, may 50 or 100 years hence, people will wonder why the offspring of today’s Afghan war lords are undemocratic or corrupt or both, ditto for Iraq.

In this immediate aftermaths of the earthquake and in the long term, Haiti need us all.

The people of Haiti would need money, and sundry material assistance from all of us. There is need for more. President Obama should extend Temporary Protective Status or TPS to Haitians.

The Congressional Black Caucus have for many years argued that the U.S. bring equity and justice to Haitians regarding immigration opportunities. This is the immigration status which has  in the past been extended to citizens of nations with political turmoil and or natural disasters.

Haiti unfortunately, has faced political instability, hurricanes and now, this earthquake devastation. Haitians therefore doubly qualify for the TPS status, because Haiti has been afflicted by political crises and natural disasters and so, both criteria have been met. Haiti’s doubly whammy qualifies her for TPS, if any nation was ever so qualified. Haiti and Haitians have always been treated differently compared with other nations.

Haiti in all of these, it must be remembered, has had a much checkered history and Mr. Kidder’s article referenced above alluded directly to this point. And it must be restated here, because it bears repeating the major role and the enormous negative impact in Haitian affairs, by the direct interventions, manipulations, and interferences in Haiti’s economic, political and constitutional development.

Haitian history is full and replete with abundant evidence of the havoc wrought upon Haiti by France, the United States and Britain through direct actions, collusion and connivance to punish Haiti for, having the audacity to auspicious resist French usurpation and domination, and thereafter, having the temerity to declare political independence in 1804.

The defeated France demanded and received punitive reparations from Haiti, which subsequently left Haiti impoverished. Haiti is a country of rich culture, forerunners in the fight for freedom and independence for Black peoples worldwide. Haiti’s freedom and political independence predicted American Emancipation Proclamation for African Americans. Haitian independence and freedom was precursor to political independence for African nations post colonialism.

Haitians by laying claim to the fundamental human right to be a free people earned the wrath of the French and the United States. Haitians declaration of independence and freedom, was seen as a direct affront and challenge to the superiority complexes in France and the United States.

Haiti’s declaration of independence and freedom was inconsistent to American and European worldview of racial hierarchy and superiority complex, and in this singular act by Haitians more than 200 years ago, there having been relentless efforts to undermine Haiti by the Americans and the French.

This deliberate policy to undermine Haiti culminated in the labeling and overthrow of former President Betrand Aristide, albeit, an imperfect man, an imperfect politician.

The government of the United States under former President George W. Bush funded the National Republican Institute which directly undermined Haitian democracy. The American government directly and indirectly supported criminal and murderous elements including drug dealers, known to the US, all in efforts to remove the constitutionally elected government of Betrand Aristide

Haiti paid for her independence and paid dearly. Deforestation set in as a result of sale of mahogany trees… foreign intervention have been negative for Haiti, the US have intervened thrice, the US also prevented $500 million IMF/World Bank facility… which in turn, led to deprivation, social discontent, violence and chaos.

 The former President Betrand Aristide was deceived and lured away by the Americans into exile on February 29, 2004 and he remains in South Africa. The quandary is unmitigated and unabated as all these are now multiplied by this devastating earthquake.

Haiti needs the support of everyone on earth and the Gods need to come down from the heavens. Haiti has done nothing wrong and Haiti deserves respite. Haiti earned her political independence and freedom more than 200 years ago and these have been mostly rubbished by reprisals against Haiti for her audacity.

Lovers of political independence, freedom, liberty and justice should support Haiti into a new dawn of recovery, reconstruction and rebirth. We must all join hands to foster a new dawn and a renaissance in Haiti.

We all have a stake in what becomes of Haiti, Haiti matters, particularly, as the forerunner and trailblazer of freedom from slavery and political independence for peoples of African descent and continental Africans. We are all Haitians. We are all more Haitians now! We all feel Haiti’s ageless, ceaseless and endless agonies and pains

Haiti Cheri, Mon Amour, Je t’aime Haiti Darling, I Love You!

A news story carried in the “News Newspaper” Wednesday, January 20, 2010 edition, maliciously captioned: “Johnson Sirleaf in Land Dispute…Residents Say It’s Robbery,” is grossly inaccurate.

The President is in no land dispute with anybody, as your story suggests. The land in question is a four-acre parcel of land located in Morris’ farm, Paynesville. It has been in the possession of the President since she bought it in 1979, more than 25 years.  The deeds of ownership are available at the Lands and Mines Ministry.  For the past 30 years, the President has paid property taxes on that piece of land.

Years ago, no one would dare harbor such a thought – to illegally occupy the property of a fellow citizen, let alone a national leader. But, again, this is the new Liberia that President Johnson Sirleaf is trying to build, where a leader, with all the powers at her/his disposal, decides to follow the process like any other citizen, rather than resorting to arbitrariness.

In the wake of the devastating earthquake that wrecked Haiti about two weeks ago, the Liberian National Red Cross Society (LNRCS) has set up a tracing service to assist individuals residing in Liberia to locate their relatives and friends who were affected by the disaster.

The tracing service located at the head offices of the Liberian Red Cross on 107 Lynch Street, Monrovia will be opened daily for inquiries and assistance leading to possible news of the whereabouts of relatives, friends and loved ones in and out of the affected area.

The International Committee of the Red Cross’(ICRC) special website, www.icrc.org/familylinks, which was activated on 6 January, is helping people to search for their loved ones. More than 23,055 people have already registered and so far, 1,573 people have used the website to say they are safe and well. In an effort to keep track of the inquiries and possible responses, the Liberian Red Cross appreciates that all persons wishing use the website should first visit the LNRCS.   

Two-Hundred and fifty six  people from around the world have requested for the deletion of their names from the website, due to confirmation that they have been able to trace the person sought either through the website or by other means.

The death toll of the earthquake is estimated between 50,000 (WHO/PAHO) to 70,000 (Government), according to reports from the International Federation of Red Cross and Red Crescent (IFRC).

Reports say 13,000 bodies are reported to have been buried while over 3 million people are estimated to have been affected by the disaster and are in need of immediate assistance.

The worse affected areas in Port-au-Prince (PaP) are the towns of Petits Goaves and Les Nippes, with nearly 1,000 registered deaths and more than 50,000 homeless. A mass burial of 3,000 bodies was reported on 19 January.

In a ruling issued on January 22, 2010, United States District Court Judge Patrick Schiltz dismissed completely the lawsuit brought by Dr. George Boley against The Advocates for Human Rights for a statement made by its Deputy Director during a radio interview in November 2006. 

The Advocates for Human Rights brought a motion for summary judgment on several grounds including the truth of all assertions made concerning Dr. Boley.  As Dr. Boley admitted that his Complaint was not filed in a timely manner and that the suit was barred by the statue of limitations, the court used these grounds to dismiss the suit.

As the judge’s order dismisses the lawsuit with prejudice, Dr. Boley is barred from suing The Advocates for Human Rights and Deputy Director Jennifer Prestholdt again in this matter.

Judge Schiltz stated in the order that “… Boley will never again be able to bring a defamation claim (or any other claim) against defendants for statements that Prestholdt made during that interview.”

The Advocates for Human Rights was represented in this matter by a team of pro bono attorneys from Faegre & Benson LLP led by James O’Neal. The Advocates for Human Rights believes that this lawsuit was absolutely without merit and intended to intimidate and malign the Truth and Reconciliation Commission of Liberia and its partners.

 “This maneuver was unsuccessful,” said attorney James O’Neal  “The cause of human rights will not be stopped or intimidated.  The truth about the Liberian conflict is now a matter of historical record with whatever consequences that may result for those who participated in human rights abuses.”

About The Advocates for Human Rights:  The Advocates for Human Rights is a non-governmental, 501(c)3 organization dedicated to the promotion and protection of internationally recognized human rights. With the help of hundreds of volunteers each year, The Advocates investigates and exposes human rights violations; represents immigrants and refugees in our community who are victims of human rights abuses, trains and assists groups that protect human rights; and works through education and advocacy to engage the public, policy makers and children about human rights and cultural understanding. The Advocates holds Special Consultative Status with the United Nations.

The 15 member UN Security Council (UNSC) has excluded the Liberian government from an arms embargo enforced on the West African country since 2003.

Resolution 1903 was adopted unanimously on Thursday, altering the UNSC arms embargo in Liberia by allowing the government and the UN peacekeeping mission stationed in the country to receive certain military material until December 20, 2010.

Liberia’s President Ellen Johnson-Sirleaf was told to keep a precise registry of the weapons and mark all government military material.

The resolution, however, extended the arms embargo for “non-governmental entities and individuals operating in the territory of Liberia,” as well as the travel ban on persons considered to be a threat to peace in Liberia.

The assets freeze imposed on Liberia’s former president Charles Taylor, his family and former associates was also renewed with a request that “all efforts necessary to enforce the freeze” be made.

Taylor was charged with 11 counts of war crimes in neighboring Sierra Leon’s civil war from 1991-2001. He is currently on trial at a UN-backed court in The Hague.

Liberia has witnessed two civil wars, the last conflict persisting for four years from 1999-2003.

A Maricopa County Juvenile Court judge on Wednesday dropped charges against a 9-year-old boy accused of rape.

Judge Dawn Bergin ruled that the boy, whose name is being withheld by The Arizona Republic given his age, is incompetent to stand trial and is unlikely to be “restored,” that is, to be taught enough about the court system to understand the proceedings against him, within the time limits set by law.

The other three boys accused in the rape of a then 8-year-old girl at a west Phoenix apartment complex last summer, remain in the court system. All of the boys, ages 10, 13 and 15, and the victim are refugees from the African nation Liberia.

The oldest, Steven Tuopeh, was charged as an adult and has a hearing scheduled Friday to discuss whether he should be returned to juvenile court or be evaluated for mental competency in adult court. The other two boys are undergoing restoration. The girl’s parents have been arrested and charged with child abuse.

A United Nations human rights expert voiced concern today over the decision of a court to order Liberia to pay debts of about $20 million to two so-called “vulture funds” – private investment firms that buy the debts of struggling countries or companies at below face value and then aggressively pursue repayment of the entire sum. 

Cephas Lumina, the UN Independent Expert on the effects of foreign debt and other related international financial obligations of States, said in a statement issued in Geneva that asking Liberia to pay back the debts – which date to 1978 – was “a morally unacceptable trade-off.”

London’s High Court ruled late last month that Liberia must pay the $20 million owed to Hannah Investments and Wall Capital Limited.

Dr. Lumina said the amount sought was equivalent to a “significant portion” of the West African country’s annual budget for health and education.

“Payment of this debt by Liberia would have a direct negative effect on its Government’s ability to fulfill its human rights obligations, resulting in further impoverishment and privation of basic human rights, especially economic, social and cultural rights, such as the rights to water and sanitation, health, housing and education,” he said. “In return, two private speculative investors will unfairly increase their profit margins.”

Liberia is currently undergoing the Heavily Indebted Poor Countries Initiative (HIPC) process, an internationally agreed measure for debt relief that is designed to free up funds so that poor countries can invest in health, education and poverty reduction.

This follows its emergence from a protracted and brutal civil war in the 1990s and early this decade that devastated the country’s infrastructure and economy.

Dr. Lumina noted that Liberia was one of several HIPC countries that had been targeted by vulture funds for the repayment of debts owed.

“I strongly urge the international community, the Paris Club and, in particular, the United Kingdom, the United States and France – which are preferred jurisdictions for many vulture funds – to urgently consider enacting legislation to prevent vulture fund activity within their jurisdictions as a clear indication of their commitment to find a durable solution to the debt problem.

“It is illogical to cancel poor country debt and at the same time allow unconscionable vulture fund claims.”

Dr. Lumina added that poor countries should for their part “ensure transparency, participation and accountability in the negotiation, contraction, restructuring and settlement of public loans, including through legislation providing for oversight by parliaments and civic organizations. It is time to move beyond the rhetoric to more robust action outlawing this retrogressive practice.”

There is strength in numbers. So goes an age old adage. That adage seems to be a perfect   imperative for continental Africans and all peoples of African descent who need to be counted in the forthcoming US Census in 2010 and even beyond.

Recently, I was in the city of Harlem, the hometown of all of New York City, and the premier cultural nerve center or capital city for African Americans and continental Africans, and all of Diaspora Africans in the United States. I attended an all-day event planned by the United States Census Board. The event was held at the City University of New York (CUNY) Campus and it was coordinated by some continental Africans’ social cultural and religious groups led by Ben Afrifa

The US Census Board was represented by a panel which comprised several persons, and the officials made presentations and thereafter invited questions during an extensive questions and answers session.

The purpose of their presentation was to emphasize the crucially important nature of US Census exercises which are conducted once every ten years. The preceding census was conducted in the year 2000, hence there is a US Census exercise scheduled for March 2010.The next exercise will be in the year 2020 as stipulated in the U.S constitution.

It is important to say that some African American leaders including The Reverend Jesse Jackson, The Reverend Al Sharpton and others have in the past few days joined the public enlightenment campaigns to ensure complete and accurate count of black peoples during the Census.

It is apparent that previous US Census exercises have seen rampant incidents of continental Africans and peoples of African descent being under counted and under represented in the total US population.

The implication of being undercounted and under represented is very consequential. In the United States and most parts of the world, knowing the true census figure allows for policy formulations and implementations. It facilitates political districting and redistricting for electoral and electioneering purposes. Knowing the census figures and the components parts thereof, also allows for the accurate or at least, the near accurate allocation of resources. Demography remains a key component part of public policy tools and machineries of government system, and more particularly so, in the American representative democracy.

Knowing the total population of Americans in each state helps in the allocations of public infrastructure, housing, senior citizens centers, social amenities, healthcare, childcare, social services, job training and projects in a representative democracy. The creation of Schools and their funding, the establishment of hospitals and government support for them, the allocation of trains, buses and other public transportation systems  and sundry matters of daily community living  are directly affected by population of people and other organs of societies  through the determination of the population of various communities. Our communities should no longer be

hardest to count or undercounted. Accurate census figure or demography assists local state and federal authorities in decision making.

The United States government attaches a value of $400 billion dollars in federal dollars and political representation for the benefit of all residents of the United States and this can be lost or diminished through apathy, undercounting and ignorance.

We are here, and since we are already here, we should participate in the census and be counted. Our clout and cohesiveness, political and economic will derive from knowing accurately what our exact numbers really are.

In my view, it is almost irrelevant whether some of us arrived these shores of North America by force or otherwise, haven survived the horrors and brutalities of slavery, or through fairly recent political asylum statuses or merely as refugees or as seekers of greener pasture.

Make no mistakes, the American legal and political structures regard all of us as Blacks, irrespective of our manners of arrival here. Therefore, it would be a great disservice to ourselves and our children should we decide to remain uncounted or under-represented in this political and socio-economic makings of this great nation

We must therefore participate in the forthcoming US Census exercise as one unit and one community. There is no need for the usual pretenses of some of us who pretend to be British, French, or Black Chinese. The truth is, in America, the law has established a very singular categorization for all of us and it is Blacks. Like it or dislike it. Besides, we should endeavor

to always think the big picture, which is, the fact that our history, our present and future are irreversibly and inextricably linked forever, and we might just as well  do everything possible to enhance, exemplify and advance our economic and  political powers, and harness and harvest them for our collective benefits.

There seem to be some immigrants who would rather prefer to be counted as Ghanaians, Haitians, Jamaicans or Bahian of Brazil or Black Cuban or Black Honduran or Nigerian, South African or Black British or Black French Girl and the list is endless. But my advice is that we unite and work with what there is. It is what it is- Blacks!

The reality of our situation is that we are all Blacks or Africans. We should cease being too fancy or engaging in self-denials. We should stop being clever by half. We should stop being afflicted with the Tiger Woods complex and complicated definition of who we really truly are.

 American laws, American social structures, and the realities of practical everyday life define all of us as one, regardless of some strenuous albeit, unimportant objections for a more nuanced definition of our origins. An American Comedian, Chris Rock, I think it was or David Chappelle, who once joked, presciently, that an American police officer accosting a Black motorist on any American highway, if motivated by racism, such police officer would not care at all, the nationality or racial variation-combination of the person who is driving-while-black. And the guy or lady, who is overwhelmed because of a black person’s presence in his business premises, say, in a store, and if motivated by racism  only sees a Black does not care about your profession or income level and or sense of decency, you are seen just as BLACK, such is the irrationality of racism.

Continental Africans, African Americans, and all peoples of African descent are perceived the same way, whether and even if, they are President Obama, or Professor Louis Gates or Tiger Woods of the multiple racial background ambivalence or notoriety.

As a practical matter, the current US Census forms  only provide an all- embracing, all -encapsulating category or definition for continental Africans, African Americans, and peoples of African descent from everywhere worldwide. Period. We should make this singular definition work for us all, and it is almost irrelevant whether the definition was originally intended as an evil spite or disregards for us.We do know that there is strength in the large number which will come about if we follow the current configuration of the current US Census Forms. The current US Census Forms only allow or permit our categorization by skin color, and we should check it, it is the appellation or description which we all already know, it is, BLACK.

As we participate in the 2010 US Census, we should check the column which is designated for our race by the US Government. As an additional measure for those so inclined, there is a blank column or portion of the US Census Form where a participant could handwrite specific or particular nationality after checking Black in the requisite column. You could then handwrite Kenyan or Trinidadian.

The US Census officials also informed us at the gathering that depending on the strength of

our demand  (strength in numbers again), it  could in 2020 and subsequent census exercises amend and fine tune the forms  to accommodate certain or peculiar categories and that the US Census Bureau has  actually made such adjustments in the past  except that the number of

demands have to justify the expense and more importantly  such demands have to be made well in time and well in advance of a census season which as we all know, occurs once  every ten years. The important thing is for all of us to participate and be actively engaged in the economic, political, social, and cultural activities of our new places of residence.

I strongly hold the expansive view that we are one and indivisible part of collective past and future. And as such, continental Africans, African Americans, and all peoples of African descent should always join hands in soulful embrace for our economic, political and social cultural betterments. We are not peculiarly unique or distinctly different from each other. We have a common origin. We share a common checkered history, and we should be united in creating a wonderfully great future for all of us together as one. The forthcoming US Census exercise should be seen by all of us from this and not a divisive perspective.

In the end and at the end of the 2010 US Census exercise, it may turn out that we are actually 60 million instead of the current undercount which hovers at 40 million within the US total population of over 300 million people.

There are genuine reasons for disenchantments by continental Africans, African Americans and all other peoples of African descent in America. This disenchantments or apathy with the American legal and political system is historical and understandable. It is the case, it has been the case that all through the checkered history of our peoples in these parts of the world, our votes and our numbers and our labors have been denied, undervalued, and demeaned or disregarded. It therefore takes little convincing for so many in our peoples to become apathetic, disenchanted and disengaged from activities such as the census exercise.

It is public knowledge that among and within the Black community in the United States these days, there is also a sizeable population of immigrants. Some are continental Africans, others are mostly from the Caribbean nations or West Indies, and yet, other peoples of African descent from Europe and other continents. A subset of immigrants who are persons of African descent in

America has additional hurdles and burdens of concern regarding regularizations of immigration status. But one step at a time.

New immigrants, it must be understood, are primarily focused on and concerned with matters solely related to the issues of their daily survival in the new country. These are the rather mundane issues of food and shelter and the barest minimum of daily human existence. And new immigrants are, as well, understandably in trepidations of any act on their parts which could or might expose their imperfect immigration statuses.

Therefore, it is surely understandable  that a new immigrant, and in particular, a new immigrant with average education level  may be unaware that the US Census by law and as a practical matter  does not share information with the US Immigration Department, Homeland Security/ICE or any other law enforcement agencies. The US Census’s primary obligation is to

determine how many persons are in the United States at a given census season and this is regardless of the citizenship and or, imperfect immigration statuses of  the persons in the United States. And as such, they are counted by the enumerators of the US Census Board. Only in very few cities in America, such as New York City, where mayors, have through  immigrant friendly executive orders, enjoined city agencies and departments to refrain from exposing immigrants’ immigration statuses to federal authorities, whose duty it is to enforce immigration.

We, among other things, suggested to the officials to nudge and encourage relevant US agencies, such as the Department of Justice and the Attorney General Eric Holder, and the Department of Homeland Security and Secretary Janet Napolitano (the former governor of the state of Arizona) Federal Bureau of Investigations (FBI) and Immigration and Customs Enforcements (ICE) to make conspicuous and even ostentatious announcements to the effect  of making it abundantly clearly  and publicly  that enumerators, US Census managers and anyone connected with the US Census exercise is prohibited and forbidden  from disclosing   any confidential information  including  an immigrant’s irregular immigration status to anyone just the same way  medical conditions are considered a matter of absolute privacy except and unless  necessary for the protection and preservation of the life of the individual concerned.

Just like a patient’s Bill of Rights ensures, among other things, confidential medical information remains as such, confidential. And the US Census officials assured us that they would pass our suggestions along. They repeatedly assured us that immigrants should voluntarily participate in the forthcoming US Census exercise without fear of repercussion or hassles over any immigration statuses.

And that as a matter of fact, some census employees are immigrants themselves. They speak various African and Diaspora Languages spoken by peoples of African descent. There just is no excuse to be left out.

The US Census 2010 Motivational Phase Begins March 19, 2009 through April 19, 2010. Then the Non-response or follow-up operations are from April through July 2009. US Census Day is April 1, 2010.

 Tell your family, your friends, your colleagues, and your fellows at your place of worship, and at the barber shop, grocery and other corner stores that a complete and accurate count is in our own hands. If you miss out we all miss out and might not get the community benefits that we stand to get should our total population be known

A leading Nigerian human rights lawyer has launched legal action to try to force President Umaru Yar’Adua to hand executive powers to his deputy while he is receiving medical treatment in Saudi Arabia.

Femi Falana, who was a prominent pro-democracy campaigner during military rule in Nigeria, said yesterday that decisions made by the cabinet in Yar’Adua’s absence were illegal because he had not formally handed over to Vice President Goodluck Jonathan.

Africa’s most populous nation risked sliding into crisis if it continued to be unclear who was in charge, he said.

“When the president is not around and there is no acting president, the business of government will simply be paralysed,” Falana said in a telephone interview, a day after filing his law suit with a federal high court in the capital Abuja.

“(The aim) is to compel President Yar’Adua to hand over formally to the vice president,” he said.

The 58-year-old leader was flown to a clinic in Jeddah more than three weeks ago after complaining of chest pains and has been diagnosed with acute pericarditis, an inflammation of the membrane around the heart that can restrict normal beating.

The cabinet has dismissed calls for him to resign.

Justice Minister and Attorney-General Michael Aondoakaa was quoted yesterday as saying that Yar’Adua could exercise his presidential powers from anywhere in the world.

“Until President Yar’Adua says he cannot exercise his presidential powers on the country in view of his ill health, he is still president with presidential powers over the country,” he was quoted by the Daily Trust newspaper as saying.

Nigeria’s constitution states that the president should write to the heads of the two chambers of parliament if he is leaving on holiday or otherwise unable to govern, and that the vice-president takes over until he writes to the contrary.

But presidency officials have said Yar’Adua is responding to treatment, while the government has said state business is going on normally, with the vice president overseeing weekly meetings of the cabinet, or Federal Executive Council.

“On issues that would require Mr President’s express approval, contacts are being made and such approvals do come,” Mahmud Yayale Ahmed, secretary to the government who coordinates between the presidency and ministries, said two weeks ago.

Falana said decisions taken by the cabinet - including the awarding of contracts worth several million dollars - were illegal because only the president had the authority to oversee them if he failed to appoint an acting head of state.

He said government business was already being affected, with a supplementary 2009 budget unable to be signed into law and the Court of Appeal without any leadership because its president retired last month and only Yar’Adua could appoint a successor. Nigeria’s Chief Justice is also due to retire by Dec. 31.

The Liberian government should investigate and prosecute war crimes and crimes against humanity committed during Liberia’s brutal armed conflicts, Human Rights Watch said today. 

Key international partners - including the United Nations, European Union, and United States - should support efforts to ensure accountability, the organization said.

Liberia’s Truth and Reconciliation Commission (TRC), which released its final edited report on December 1, 2009, recommends prosecutions for serious crimes in violation of international law committed in Liberia. Human Rights Watch released a briefing paper today on this recommendation.

“The Truth and Reconciliation Commission took an important step in acknowledging that Liberia’s countless victims deserve justice,” said Elise Keppler, senior counsel for the International Justice program at Human Rights Watch. “The government and Liberia’s international partners alike should pursue these prosecutions without delay.”

Between 1989 and 2003, horrific abuses were committed against civilians in Liberia, including summary executions and numerous large-scale massacres; widespread and systematic rape; mutilation and torture; and large-scale forced conscription and use of child combatants. The commission’s report describes the root causes of the armed conflict, concludes that all warring factions were implicated in serious abuses, and makes recommendations about how to bring accountability for these crimes.

The commission recommends a hybrid international-national tribunal to try individuals for serious crimes that violate international law as well as several domestic crimes, including economic crimes. The tribunal would have both Liberian and foreign judges appointed by the Liberian government and international actors, including the UN secretary-general. The court would have a majority of internationally appointed judges in each chamber, and the international and Liberian judges would work together to try cases.

In its briefing paper, Human Rights Watch expressed support for a hybrid tribunal for Liberia with a majority of internationally appointed judges. The paper nevertheless highlights Human Rights Watch concerns about the proposal that should be addressed to ensure prosecutions in accordance with international standards.

“The commission’s proposal for prosecutions is very positive, although it would need to be substantially bolstered to ensure fair, credible trials,” Keppler said. “Trials in accordance with international standards can make a vital contribution to rebuilding respect for rule of law in Liberia, which in turn can help promote a sustainable peace.”

Human Rights Watch said that the proposed court does not clearly focus on bringing to justice those most responsible for serious crimes and that it lacks explicit provisions for a number of crucial fair trial protections. Human Rights Watch also expressed concern that under the proposal, the prosecutor would not be appointed by international actors and that the death penalty would be available as a punishment for some crimes.

In addition, the commission recommends that nearly 40 individuals who cooperated with it should not be prosecuted, which is inconsistent with its recommendation, as required by international law, that nobody alleged to be responsible for committing serious crimes in violation of international law should benefit from an amnesty for those crimes.

The commission’s report names and recommends over 120 individuals for prosecution by the tribunal, including persons associated with all the major warring factions. It also makes a series of recommendations to ensure wider accountability, including domestic prosecutions of certain “lesser” crimes, reparations, public sanctions, and the use of traditional conflict resolution mechanisms.

Liberia’s legislature is expected to consider the commission’s recommendations early in 2010. Human Rights Watch urged the legislature to back prosecutions for serious crimes during the conflict era in accordance with international standards and for key international partners to provide relevant support, including technical and financial assistance.

“Armed conflict in Liberia blighted the lives of tens of thousands of civilians, displaced almost half the population, and virtually destroyed the country’s infrastructure,” said Corinne Dufka, senior West Africa researcher at Human Rights Watch. “The victims of these crimes deserve to see justice done.”