Nena's statement at the Conference on Human Rights

VIENNA, Austria (FSM INFOR- MATION SERVICE) - The following is the full text of Vice President Jacob Nena's statement at the World Confer- ence on Human Right held at Vienna, Austria on June 21,1993. "MR. PRESIDENT, DISTIN- GUISHED DELEGATES, LADIES AND GENTLEMEN, I am honored to speak to this historic Conference today, particularly because in doing so, I am making for my country its first public statements relating our position in re- gard to the international human rights system and the fundamental rights and freedoms addressed in the Universal Declaration of Human Rights. The Federated States of Micronesia NANCY LEFT FSM - From left to right are Vice President Jacob Nena, Nancy Murray, is a relatively new Nation, but having Secretary of Education Catalino Cantero, and Attorney General Camilo Noket, during had a long association with the United a farewell get together for Murray held at the Department of Education. Murray was Nations as a Trust Territory we made at Asssistant Attorney General for the Division of Law. (See HUMAN RIGHTS, Page 3)

THE NATIONAL UNION

PEACE' UNITY • LIBERTY

AN OFFICIAL PUBLICATION OF THE PEOPLE OF FEDERATED STATES OF MICRONESIA Volume 14 Palikir, Pohnpei, Augustl993 Number 8 Banking Board released information on FSM banking system

PALIKIR, Pohnepi (FSM INFOR- million as of June 30, 1993. decreased by $9.8 million and $9.3 mil- MATION SERVICE) - The Banking Although the growth rate for the last lion, respectively. Board releases the following informa- six-month period appears to be very Somehow this development could be tion on the FSM banking system based moderate, individual analysis of each indicative of an increasing patronage on a review conducted on the financial bank's financial condition and perfor- and support for the locally chartered condition and performance of the three mance disclosed a major shift of bank- commercial bank which may have been commercial banks as of June 30, 1993. ing activities in favor of the Bank of the triggered by its improved performance The consolidated resources of com- FSM. To illustrate, Bank of the FSM in 1992 when it experienced its full year mercial banks operating in the Federated (BOFSM) registered a substantial in- of profitability. It may also be recalled States of Micronesia aggregated $ 125.3 crease of $14.2 million in total resources that towards the end of the same year, million as of June 30,1993, an increase and $13.3 million in deposits while the about $5.0 million of fresh equity was of$4.3millionorfourpercentcompared combined resources and deposits of the received from the government sector. to the December 31, 1992 to $115.7 foreign banks operating in the FSM (See BANKING SYSTEM, Page 2) Banking System CORRECTIONS In the story on the Law Day, front as (Continuedfrom Page 1) mulated excess liquidity due to its rela- This improved its capital base to 20 page, 2nd column, the name Emily tively low loan-to-deposit ratios. In the Lawrence should be Emily Flores. percent of total assets which is twice the case of the BOFSM, the increase in On page 2, continuation of the story FDIC-imposed ratio of 10 percent. As volume of lending activities of $3.0 on FSM Law Day, first column, the of June 30, 1993, BOFSM's equity to million was only one/fifth of its deposit third place went to both and Z O total assets ratio was still above the growth of $13.3 million during the last Kosrae and not just Yap. On page FDIC required ratio at 16 percent. 2, "President Olter signed appro- six-month period thereby resulting to priation of $204,500," last para- The consolidated loan-to-deposit ra- lower loan-to-deposit ratio and increased graph, the appropriation for the tio of the three banks was relatively low liquidity. Asof June 30,1993,BOFSM's two cars for Chuuk, one each for Z O at 43 percent. Of the three banks, only liquid assets aggregated $27.3 million Yap and Kosrae are for the FSM BOFSM surpassed the 50 percent-loan- or 61 percent of deposit liabilities and Congress Delegation Offices in the to-deposit requirement at 56 percent states and not for the Congress Z 51 percent of total assets which are members to use during their ses- w although this was 14 percent lower than r considerably high liquidity ratios. sions in Pohnpei. The National last December's ratio of 71 percent. On On the other hand, the combined Due Union regret the errors. the other hand, the combined loan-to- from head office account of BOH and deposit ratio of Bank of Hawaii (BOH) BOG was 64 percent of their combined and Bank of Guam (BOG) was calcu- total deposit liabilities which is a clear Judge Fritz completed lated 34 percent. The foreign banks' indication that bulk of deposits gener- loan portfolio decreased by $721 thou- ated are channeled to their respective Mediation course sand or three percent lower than last head offices. PALIKIR, Pohnpei (FSM INFOR- December level although this is expected All the banks reported net profits dur- MATION SERVICE) - Chief Justice to be reverted w ith the passage of Public ing the six-month period aggregating Soukichi Fritz of Chuuk State Supreme Law 7-135 last March. The law was $870,000 which is only $97,000 or 10 Court, in Weno, Chuuk State, has com- specifically formulated to base com- percent short of the net income of pleted the Mediation course held May mercial lending rates on the prevailing $967,000 for the whole year of 1992. 16-21 at the U.S. National Judicial Col- Based on total asset, the banks operat- lege (TNJC), according to a TNJC re- prime rate such that interest rates would lease. decrease by about three percent to four ing in Kosrae registered the highest rate of return at 1.5 percent followed by The Mediation course helped judges percent to encourage more borrowers. find viable alternatives for reducing Pohnpei at 0.8 percent, Chuuk atv6 On a regional basis, the banks oper- percent and Yap the lowest at 0.1 per- delays in their courts, training to help ating in Kosrae and Chuuk posted higher parties resolve their disputes among cent. Somehow the unsatisfactory per- themselves, and to offer former and ratios at 72 percent and 66 percent re- formance of the banks operating in Yap spectively, while those in Yap and retired judges specialized training in State in terms of lending activity and efforts to assist their colleagues now Pohnpei registered lower ratios of 22 profitability could be indicative of the sitting on the bench. percent and 39 percent, respectively. existence of an overbanked situation in The topics covered during the course The banks were found to have accu- that particular service area. were examining why mediation plays the leading role among dispute resolu- tion devices, analyzing which cases can be mediated, determining what makes a good mediator, and developing better mediation skills. Located on the campus of the Univer- sity of Nevada, Reno, the Judicial Col- lege was featured in 1991onCBS's"60 Minutes" as the leading national train- ing and education center for trial judges. Founded in 1963, more than 30,000 certificates of completion have been issued to graduates, including U.S. Su- preme Court Justices Sandra Day O'Connor and David Souter. Other FSM State Judges including Kosrae Supreme Court Judge Harry Skilling and a number of Pohnpei Su- preme Court Associate Justices have attended various courses at the College MICRONESIANS ABROAD - Above is a group ofYapese in Honolulu before perform- over the past years under similar pro- ing at a wedding. The organization based in Honolulu is lead by a couple, Anita and grams, according to the FSM Supreme JohnTug. Court's official. Human Rights.... Forum Secretariat announced job opportunity (Continuedfrom Page 1) H our outset a firm commitment to pursue W our social and economic development Applications are invited from suitably qualified and experi- in the context of international coopera- enced persons, who must be nationals of a member state of the tion. Thus, United Nations member- I South Pacific Forum*, for the position of Director, Trade and ship was one of our first priorities after i Investment Division, with the Forum Secretariat. self-determination was achieved, and > The Forum Secretariat was established in 1973 by the South we proudly took our seat in this Body in c Pacific Forum to encourage economic and political cooperation October, 1991. We quickly learned, however, that international cooperation o between its member states, and between those states and the for development is not simply a market- more industrialized countries. Under the control of a Secretary place wherein we can easily pick and General, the Secretariat undertakes a number of regional work choose among those issues that bear 90 programmes covering economic development, legal and politi- directly on our immediate goals. We have come to appreciate how almost cal services and the civil aviation, energy, maritime, telecom- vo munications and trade sectors. In pursuing these work every great international issue has an SO programmes, the Secretariat works with a range of aid donor inter-relationship with our development goals - and in t he case of human rights, countries and organizations. the discussions here during this confer- The Trade and Investment Division aims to assist Forum Island ence clearly show that connection. Countries (FICs) through encouraging investment in the FICs We are a country made up of widely- and in the promotion of regional and international trade. The dispersed small islands, above the work programme of the Division covers all aspects of the mar- Equator in the Western Pacific Ocean. keting and export of Forum Island products although emphasis Our people, who number just over a is place on developing a regional approach to common i ssues and hundred thousand, exhibit a wide vari- ety of cultural and ethnic differences. problems in promoting trade and industrial development. More than ten separate and distinct lan- The Director will be responsible for the efficient operation of guages are spoken, with English cur- the Division, theforward planning of its work programme and rently serving as our common link. the effective implementation of its projects. This also involves Despite the outward appearance of trade representation, attendance at meetings, workshops, etc. great differences there is one strong and the liaison with trade contacts in all member countries and force which unites us, namely, our Con- with the South Pacific Trade Commission, Sydney and the South stitution and the democratic institu- pacific Trade Office, Auckland. In the course of these activities, tions of government it prescribes. For 'centuries our diverse islands were gov- the appointee will be required to undertake periodic duty travel. erned by colonial masters, but when the Applicants should have appropriate qualifications and exten- possibility of self government became sive experience in trade, especially in the marketing, trade and real, it was clear that we could only be investment promotion fields. Knowledge of existing regional/ united by forming our new nation on the International trade agreements, commodity markets, regional traditional democratic principles that projects and development problems is essential. our people long have honored and prac- The appointment will carry an attractive "remuneration pack- ticed locally, and which evolved in the age, payable in Fiji dollars. For non-Fiji citizens this is tax-free and days when we lived our lives with very little regard or need for what lay beyond includes housing or a housing allowance and education and the horizon. child allowances where eligible. Other benefits include payments A basic example is that our people in lieu of superannuation, and medical, life and travel insurance have lived by the rule of consensus as coverage. The appointee will be based at the Secretariat's head- long as anyone can remember. Even quarters in Suva. The appointment will be for three years initially, with legal mechanisms in place which and is renewable by mutual agreement. include voting processes, our small na- Applications close on 30 September 1993. They should contain tion still finds it possible in most in- stances to achieve consensus on impor- full information on education and career backgrounds and should tant decisions. You will appreciate then, give names, addresses and telephone numbers of at least three that this has made our transit into the referees with whom the applicant has been associated profes- UN system very comfortable. sionally. A vital feature of our Constitution is Applications should be addressed to: The Secretary General, Article IV, entitled, "Declaration of Forum Secretariat, GPO Box 856, Suva, Fiji, telephone (679) 312- Right." Here, and elsewhere in the 600, telex 2229FJ, fax (679) 302-204. Constitution, one finds expressed a Further information is available on request from Mr. Tiu Livino, comprehensive listing of individual rights and freedoms that is in close Administration Officer, phone (679)312-600 ext 335. conformity with international standards. (See, HUMAN RIGHTS, Page 4) Human Rights ——— (Continuedfrom Page 3) mental rights of those who are subject to securing of a decent, sustainable lifestyle But the Constitution was not written their power. for our peoples - to a judgmental pro- with international standards in mind, It is to be regretted that in convening cess established and enforced by other rather, it reflects the norms of our tradi- here during these days of 1993, almost who do not share that hope in the same tional culture. Thus, I humbly submit a half century after the Universal Decla- way, and who are driven by priorities that our society grew up with an appre- ration of Human Rights, this confer- based on different backgrounds. The ence cannot be a historic occasion to scope of many situations of human rights O ciation of the value of individual human HH rights, and charged their government to celebrate worldwide acceptance of, and violations today is so great, and the Z protect them, as a matter of fundamen- adherence to the fundamental rights of level of frustration so high within the tal legal obligation. humankind. Instead, this Conference is United Nations that developing coun- Mr. President, at grave risk of making history of differ- tries fear the search for effective mea- As Micronesians recently emerged ent kind - of becoming a tragic and sures could go too far and lead to actions from centuries of relative isolation, it historic failure, if the nations of the that themselves violate one or more was grim awakening for us to learn how World coming together in such num- human rights principles or intercon- so many of the people on Earth never bers to focus on one subject, in the end nected principles of democracy of sov- S have been able to exercise the indi- can do little more than congratulate ereignty. Not only are many such ac- H vidual rights that we take for granted. ourselves on the past accomplishments. tions far more costly than can be af- We have seen war firsthand, and we What I fear, Mr. President, is that forded, but also we know from lessons have endured domination by foreign lacking the resolve or the ingenuity to of history that, "the end justifies the powers, but the impulse that would sub- implement more effective approaches means" can never serve as a fitting basis ject so many millions to torture, arbi- to problems that are unquestionably for national or international action. trary imprisonment, and all the other growing, this Conference will be re- Were the strong to become empow- of fenses against human dignity has been, membered as a giant paintbrush with ered in t he name of moral imperative to until now, almost beyond our compre- which a World helpless to do more, carry out unregulated interventions upon hension. simply painted over the agonies of the social and economic development Looking back, a number of factors growing numbers of the suffering with of the needy, this obviously would be a may have interfered with our forming a review of achievements to date, and very corrosive agent within the UN sys- accurate and timely perceptions. Dur- then applied a second coat of resolve to tem. Butlspeak of extreme perceptions ing the Cold War years, we commonly continue old methods with vigor. on both sides. Ways must be found to heard references to the "Free World," as Before passing on, let me add that I balance these considerations. At the contrasted with the Communist World, fully realize it would be inappropriate risk of being naive, I dare to hope that which presumably, was unfree. We on my part if, speaking for a new and ways can be found at this Conference to supposed that everyone in the Free previously uninvolved Member, I ap- engage the spirit of international con- World must enjoy the same freedoms peared with these remarks to be dispar- sensus enshrined in the Charter, to which we did - a supposition we now know aging the fine record of past achieve- we are all committed, and build upon was sadly inaccurate. We supposed that ments. Worse, I would be disrespectful the undisputable elements recognized every man, woman and child in the to the memory of so many who have by both developed and the developing Communist world lived in t he darkness given their very lives in this cause. That world - to recognize and embrace our of oppression. We certainly would have is, of course, not my intention at all. But common ground, rather than shrinking thought that the fall of Communism I am confident that those very heroes from it out of mistrust. would have quickly brought about a would be among the first to say, "Let us Many speakers here have pointed out Nirvana of human rights. Instead, to- look into the past only for what we can correctly that the Right to Development day the picture seems, if anything, darker learn from it. The job is not yet done, is a critical human right in itself, and than ever and in this hall we can almost and our enemy grows stronger." that by enabling the underdeveloped to hear the cries of women and children, Mr. President, pursue that right with necessary assis- victims of a process grotesquely called We seem to have reached a point where tance, living conditions and educational "cleansing." it is painfully obvious that if the UN levels can be established wherein hu- Throughout the times to which I just charter is to have continued relevance man rights and fundamental freedoms referred, the very process that has to individuals living on this planet, are more likely to flourish. This should brought us to Vienna was underway. something must be done differently. not be dismissed as a form of condition- But the splendid work done by so many Even so, this Delegation has watched ality on human rights. It is an important in the cause of human rights during that sadly during the past days here as the and perfectly valid component of our period was somehow overshadowed by debate seems to have reflected an in- complex effort to deal with the prob- public utterances from governments creasing, rather than a decreasing polar- lem. everywhere, professing love and respect ization of views along familiar North/ But neither is the Right to Develop- for human rights. In fact, I doubt that I South lines. And yet, from our view- ment a sine qua non that supercedes all ever heard a government official de- point as a new entrant, there is a basic other considerations. Would anyone nounce human rights. Now, however, validity to what both sides are saying. seriously defend ethnic cleansing were we are saddened every day by some Permit me a few moments to explain. it to be advanced on t he basis of a right new aspect of the reality that what gov- Underlying most of the observations to develop? Still, great care must be ernments say, often is not what they do of developing countries is a fear of taken in approaching the placement of in observing and protecting the funda- exposing our most precious hope - the (Continued on Page 5) Human Rights ___ H (Continued from Page 4) vain. We support a strong and uncondi- Commissioner finds ultimate accep- M conditionalities on development assis- tional expression in that regard, along tance, other ideas as well must be seri- Z tance tied to someone's idea of compli- with new resolves to give meaning and ously considered, such as the establish- ance with human rights requirements. definition to the concept. ment of a permanent International Hu- 3 While extreme human rights atrocities I might add that we do not regard the man Rights Tribunal. The independent making this approach very tempting, all application of this principle as inconsis- and juridical character of such a body too often such conditionalities only pe- tent with the Bangkok declaration. should place it above the concerns re- nalize those in need. Third, we call for a concentration of garding political intervention while de- The other danger inherent in any o ver- effort to gain universal accession to nying human rights criminals any ref- empowerment of authority at a existing human rights instruments. For uge from appropriately defined interna- i supernational level is that international our part, we recently became party to tional responsibility. human rights standards mustrespect the our first such undertaking, the Conven- Sixth, without question, existing hu- in Yap on June 10, this year, held its 6th were sent to the State and the National professional fishermen to help our de- i graduation commencement. Graduated Governments. velopment effort. Referring to the list of > were 12 students, five from Chuuk, three Olter expressed his concern mainly graduates having no Pohnpeian on it, he from Kosrae, and four from Yap. Among about the absence of any students from asked, "How shall we put our efforts c Pohnpei in the MMFA, as it relates to together to encourage our young men?" NH the 12 graduates, seven were awarded O skipper certificates, five received the State's investment in the develop- engineer's certificates and all received ment of commercial fisheries. certificates in safety training. "Our State has invested more than $30 Thus far there have been 137 students graduated from MMFA and many of them are engaged in commercial fish- eries and related activities, according to Governor of . Seventy-four have taken the regular training program, while the other 63 have taken short courses. Governor of Yap State Petrus Tun, as guest speaker at the graduation told the graduates that he was very much hon- ored to be the main speaker as he has been repeatedly since the inception of the program. Governor Tun congratulated the graduates and reiterated how significant their education is to the school curricula in Yap as well as the FSM as whole. It is something he views as essential for preparing students to meet and deal effectively with present and future challenges, saying that the academy offers specialized training relevant to MMFA6THGRADUATION-Aboveare the 6th graduatingclassoftheMMFAinagoup the unique economic island situation photo with Governor Petrus Tun, Rev. Edmund Ka/au, the Academy's Director and others. now and always. Those who received the skipper's certificate for small fishing vessels were Weilbacher and Hadley attended MSC from Kosrae State, Edward Albert and PALIKIR, Pohnpei (FSM INFOR- Assurances should be granted in order Kennedy N. Nena; from Chuuk State MATION SERVICE) - The Secretary to provide shipping services into the were Bilas A. Aunu, William E. Hamrest of the Department of Transportation FSM, Palau, and Marshall Islands. and Melsior K. Haritos; and from Yap and Communication Robert Weilbacher The Commission, among other things, State were Cypiriano P. Joseph and and the Administrator for Marine Di- reviews such issues as the frequency of Paul B. Marlul. Those who received the vision Weiner Hadley attended the shipping services to be provided, ton- Engineers certificate for small fishing Annual Conference of Micronesian the nage of cargos to be moved, freight vessels were Andy M. Depich and Shipping Commission held in Kona, rates offered by various carriers, em- Faustino Sikkan from Chuuk State; Kun Hawaii. ployment opportunities for Micronesian A. Palsis from Kosrae State; and Justino During the Conference senior offi- citizens on board various company E. Enailung and Carlos Getal from Yap. cialsfrom theGovernmentsof the FSM, vessels as well as in their local agency In celebrating the joyous moment for the Republic of the Marshall Islands, offices. Also examined were insurance the graduates for their success in com- and the Republic of Palau meet with premium proposals by various insurance pleting the prescribed courses, they were representatives of shipping companies carriers in connection with the entry treated with traditional Yapese dance to review their previous year's service assurance agreements with selected and light snacks. performances and to recommend to their carriers, according to the Department of ThePresidentonJune28,1993,wrote respective governments to whom Entry Transportation and Communication. /so Nahnken Hadley resigned from FSM Gov't. PALIKIR, Pohnpei (FSM INFORMATION SERVICE) - After spending 13 years with the Department of External Affairs, the Honorable Johnny Hadley, Iso Nahnken of Madolenihmw, has resigned as advisor to the Secretary of the (SB Department of External Affairs on customs and traditional matters effective the end of July "to make room for younger people to takeover and carry-on the task of nation building," he told National Union staff, following a farewell luncheon hosted by Secretary Resio Moses and the department's staff in the office in Palikir, the Capital of the Federated States of Micronesia. His latest post in the department was Advisor to the Secretary of the Department of External Affairs on Custom and Traditional Matters involved liaison between traditional leaders and the Government. Hadley was recruited as Chief of Micronesian Relations, by Andon Amaraich, the former Secretary of External Affairs during President 's Ad- BAREXAM- Those who passed the FSM ministration to help promote understanding of the proposed Compact of Free Bar Exam areabo ve left to right: Attorneys X Association and support for it. In so doing, he accompanied his father, the late Richard G. Caldwell, Tino Donre and H Isipahu of Madolenihmw, Samuel Hadley, to village meetings held prior to the Douglas S. Parkinson. plebiscite vote. In accepting that appointment, Hadley had to relinquish his freshly captured seat in the ^—————————•- \ tions activities for vot- 3 passed Bar Exam Pohnpei Legislature ers residing in Palau and as representative of the Republic of the PALIKIR, Pohnpei (FSM INFOR- Madolenihmw Mu- Marshall Islands and MATION SERVICES) - The FSM Su- nicipality. coordination of FSM's preme Court has announced the admis- His other assigned participation in the sion on July 26, 1993, of Attorneys duties included coor- South Pacific Festivals Richard G. Caldwell, Tino Donre and dination among the of Arts. Douglas S. Parkinson into the FSM Bar States and the Na- During President John following their successfully passing the tional Government, Haglelgam's adminis- FSM Bar examination. Leadership Confer- tration, the position of Caldwell is an Assistant Attorney ences (SNLC), Chief Chief of Micronesian General, FSM Attorney General's Of- Executives Confer- Relations was abol- fice. He is a U.S. citizen and currently ences, handling elec- HADLEY ished as part of the re- residing in Pohnpei. He graduated with structuring of the department, and Hadley was reassigned as Protocol Officer, a honors from Harvard Law School in lower paying position. In this position, he assisted in the hosting for foreign 1975. He is an active member in good diplomats, and escorting ambassadors to other States and social functions; he also standing of the Colorado State Bar. assisted traditional, civic, and church leaders or the general public who were Donre is a Trial Counselor at the inclined to see the President. Micronesian Legal Services Corpora- "I was happy to serve the Presidents, and the Secretary and work with the tion. He is an FSM citizen and perma- [department's] staff," Hadley said. "I want to thank the first FSM President Tosiwo nent resident of Pohnpei . He is admitted Nakayama and former Secretary of External Affairs Andon Amaraich for the to practice before the Pohnpei Supreme opportunity to serve," he added. Court. Hadley noted that he is glad to have been part of the team who successfully Parkinson is associated with the law accomplished the mission of getting FSM's membership in the United Nations. He office of R. Barrie Michelsen, a U.S. would like, in his traditional capacity as Iso Nahnken, study with the elder citizen and current resident of Pohnpei. members of the community those traditional procedures before they fade away He graduated from the University of with the elders. California, Hastings College of theLaw. Hadley, 56 years old, was born on August 3,1937. He was elevated to his current He is a member of Alaska State Bar and traditional position of Nahnken on March 10, 1992 succeeding his late cousin is admitted to practice before the U.S. Nahnken Klemens Hadley. He is married to the former Martha Santos, they have District Court of Alaska and the U.S. five living children, two grown boys and three girls. Court of Appeals for the Ninth District.

THE NATIONAL UNION Published by: The Office of the President/Information FEDERATED STATES OF MICRONESIA P.O. Box 34, PALIKIR STATION PALIKIR, POHNPEI FM 96941