The United Workers Party is calling on the Roosevelt Skerrit Administration to exercise its lawful authority for Dominica’s Ship Registry business and immediately suspend the registration of the Yuk Tung pending investigations into its alleged involvement in busting UN sanctions against North Korea.
Japan filed a report with the UN Security last week indicating that the Dominica registered carrier was spotted in the East China Sea engaged in a transfer of goods with a North Korean Tanker in defiance of UN sanctions.
Instead of taking decisive regulatory action to protect the integrity of the country’s ship registry business, the Skerrit Administration is playing a petty, partisan and nonsensical blame game against the United Workers Party whose vision initiated the national income earning opportunity in 1999.
There is no relationship between the actions of the UWP in championing the emergence of ship registration to boost national income 19 years ago and the sanctions-busting activities of a ship carrier registered to fly the Dominica flag less than one year ago. But Mr. Skerrit, under whose government all vessels flying the Dominica flag were registered, insists on confusing the issue with blatant lies and clumsy misrepresentations.
For clearer public understanding, the facts, NOT the spin, need to be carefully considered.
The ship registry agency agreement with a North American group carries an effective date of October 01, 1999 and was signed by Julius Timothy, Minister of Finance, Industry and Planning for and on behalf of the Government of Dominica on October 18, 1999. The United Workers Party left office at the end of January 2000.
According to Ambrose George, Minister of Finance and Planning, the Dominica Labour Party of 2000 embraced the UWP initiative and ran with it for the good of Dominica:
“… The establishment of a Maritime Administration Unit came about as a result of a Cabinet decision that was taken in September 1999. After that decision was taken it was expected that the Maritime Administration Unit would have been established by October 31, 1999 during which time the United Workers Party was in office.
“However, to date we (DLP) have appointed a Maritime Administrator, we (DLP)have also appointed a deputy Maritime Administrator and we (DLP) have on board also an administrative secretary who is assigned to the Unit.
“The Maritime Administration will be responsible for the formulation of policy in relation to all maritime matters and for general oversight. It will be a regulatory authority, which will have monitoring functions for all vessels which fly the Dominica flag. The Administration’s functions will include vessel registration, vessel safety matters, marine investigations, marine pollution matters, marine registration and documentation among others.
“The proposed mission of the Maritime Administration Unit is “To be a responsible and effective Maritime authority that upholds international maritime obligations at the highest standard possible while steering the maritime sector into one of the single most valuable areas of economic activity for the Commonwealth of Dominica…”
On September 5th, 2000, after 7 months of pursuing the ship registry opportunity exactly as it was set up by the UWP, The DLP Finance and Planning Minister introduced the International Maritime Act, 2000 to Parliament and led the debate.
It was “An act to provide for the establishment of the Commonwealth of Dominica Maritime Administration for the purpose of operating an International Ship Registry for the Commonwealth of Dominica and the creation of a Dominica Maritime Program for ships on that registry”.
This is the Act of Parliament which made it possible for the October 1999 agreement to take effect. The vote was unanimous and there was not a single word far less a voice of dissent from the DLP regarding the “exclusive agreement” appointing Dominica Maritime Registry Incorporated to act as government’s agent for Dominica’s ship registry business
In winding up the debate, George told Parliament:
“… this project offers Dominica a unique opportunity to make a breakthrough in this fast developing but highly competitive sector of the service industry… to make this breakthrough possible we must emphasize quality, efficiency and high standards. This would require cost effective and timely marketing and a management staff with sound reputation in the international maritime community. The Dominica Maritime Registry Incorporated DMRI has contracted to provide this to the Dominica Administration. The Maritime Administration Unit and its Agent, DMRI, are committed to the resounding success of this project…”
More than 18 years later, Skerrit who sat in Parliament throughout the introduction, debate and passage of the act and said absolutely nothing about the agreement it facilitated, has now been given a voice by the dishonest, prejudicial hogwash of his hatemongering chief advisor:
“… the government has been excluded in this agreement of any and all matters relating to the registration of ships… this problem resides with the agreement… There is no part for the government really, zero part, it is the company that has to do everything”.
Yet, the agreement which Mr. Skerrit now pretends to vehemently despise and under which his associates have set up ship registry offices in more than twenty countries, provides for a government/agency relationship as follows:
2.1 The Government hereby appoints DMRI as its exclusive agent to administer the open/international ship registry and to provide services to vessels and mariners except where otherwise provided in this agreement
2.2 The Government hereby appoints and designated DMRI as its agent for the purpose of aiding it in the effective administration of the maritime program consistent with the Laws of the Commonwealth of Dominica
2.3 The Government except as otherwise stated herein, hereby appoints the Agent to act as its agent for the purpose of aiding it in administering such rules and regulations as shall be made and promulgated by government
3.1 The Government shall establish a Maritime Administration and a body of Marine and environmental laws and regulations necessary to give effect to the Law of the Sea Convention, the IMO Treaty and other international maritime treaties entered into by the Government
20. (a) The government may terminate this agreement if the agent fails to comply with any material provision of this agreement, or breach any representations made in this agreement
Mr. Skerrit, who, (along with his Attorney General), remains adamant about Parliamentary approval to legitimize bribery and treating in general elections says he “cannot believe that any Attorney General would have gone to a law school and… would allow this (ship registry agency) agreement to pass him… far more the Parliament of the country”.
The law as spelt out in the International Maritime Act, 2000, is clear on the fundamental responsibilities of government for the fundamentals of Dominica’s ship registry business
59. (1) From the time of issuance of a Certificate of Registry and until its expiration, termination, revocation or cancellation, whichever first occurs, the vessel shall be granted and shall enjoy the right to fly the Flag of Dominica exclusively…
(2) At all times during the period that a vessel has the right to fly the Flag of Dominica, the vessel shall be subject to the exclusive jurisdiction and control of Dominica as the Flag State, in accordance with the applicable International Conventions and Agreements and with the provisions of this Act and any Regulations or Rules made thereunder.
208. (1) There is hereby established a Commonwealth of Dominica Maritime Corporate Registry for the registration of foreign maritime entities as defined under this Chapter.
These and other provisions of Dominica’s 2000 maritime law which was amended in 2002, are in keeping with Dominica’s obligations under international law and agreements like the 1982 United Nations Convention on the Laws of the Sea:
Article 91 – Nationality of ships:
1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.
2. Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect.
Article 94 – Duties of the flag State:
1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.
2. In particular every State shall: (a) maintain a register of ships containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regulations on account of their small size; and (b) assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship.
In the circumstances, Mr. Skerrit cannot successfully pretend to be ignorant of the well-established, internationally recognized responsibilities of his Government to take decisive regulatory action against vessels flying the Dominica flag alleged to be involved in crimes against humanity.
Neither can he successfully confuse the issue by criticizing an agreement (totally unrelated to the crime of busting UN sanctions) which his government gave the stamp of parliamentary approval and used to build its ship registry business for 18 straight years.
Only truthful representations and honest, forthright action from the head of government in this matter will protect the credibility of Dominica as a responsible participant in global maritime affairs.
And that is exactly what we demand in the public interest.
Go ask Edison hungry for power Jah don’t sleep
God please, please, please deliver DOMINICA
Why, God have already heard the cry of Dominicans and have answered you but you decided to ignored his word and do as you all want, now you are in trouble you call for him to help, well , ask yourselves what is it he expect from you and why you all disobey him.. Trust God and he will direct your path and forget those who pretend that they care for you.
We wait on GOD to deliver we dominicans…………God most of us cannot and don’t want to run to another country soooooo God for the sake of our INNOCENT CHILDREN deliver Dominica from all the wrongs that is killing the success of our country
Stop calling on God, take action and do it yourself
Who cares about a ship
There are more important things to do right now
People need help
Roads
Schools
The list is endless
You better believe it’s important because the UN is involved .
My PM I have taken for you in this issue when it was raised the first time some months ago. Where I agreed with the ‘Flag of Convenience” and understood at the time this is common practice to give a ship authority to register and fly your flag.
I even researched and realized there is alot of cost benefits and intangibles to doing this for both parties involved. That being said, I will not vote you next election because I don’t like the reason you gave for this issue.
You have been in office 15+ years and you telling me you have “NO AUTHORITY” to not continue a contract a previous administration signed over 19+ years ago?
My Prime Minister was the contract ever renewed ? A contract like that I believe had to have been renewed especially since a third party is doing negotiations on your behalf.
If you cannot put a stop to nothing the previous admin did …then WHY ARE YOU HERE? why have you been there so long? I thought it was for to put things right? I good with you…
It’s amazing! It’s remarkable to see people complain about skeritt and complain about linton, yet not one of you will step up and take action. Linton I guess is the only one brave enough to do so.
One and only, You have said those same words over and over again, i hope you’re human and not a parrot like the rest of the workers calamity party and supporters, bye have a nice day ?
Sorry for late response…man bite dog!!! It’s been a while.
1. I’m not a UWP SUpporter.
2. I’m not a labor supporter.
3. I’m neutral and when it comes to voting I just make a split second decision on who I think is best for the job.
4. Last time I check I am a human. At least I think I am.
Anything else?
Oh I almost forgot, yes I’ll keep saying those words. It’s extremely annoying seeing people complain about skeritt
But they just sit their a** down and do nothing.
But please don’t get the wrong idea becaus Lenox is the only one brave enough to take on skeritt
So don’t think I’m UWP supporter because of that statement
Does anyone really gives a rats behind about a ship that is registered in Dominica that has no other connection with the country after the registration process was completed? Ship owners us certain countries because it makes sense for them either from a tax standpoint or lax regulations in the country of registration.
Other than that, they have no other connection with that country and everyone knows that. So why UWP is making an issue out of that and not saying anything about the plight of the people is beyond me.
Zandoli, if your opinion reflects that of most Dominicans, I hope they ban us from registering any more ships under our flag because we would be an untrustworthy nation and unfit for this purpose.
Zandoli stop asking Linton to explain Skerrit lack of negotiation skills now look where we are today so why it is so difficult for you to understand. I just hope Dominica is safe.
The Senior Counsel defends the indefensible involving matters to do with the Skerrit regime. His explanation was blatantly ludicrous. The proper management of many governmental entities is seriously lax. The government needs to focus unwaveringly on constructive and productive governance instead of scapegoating the Opposition for every conceivable wrong the country faces. Lastly, Dominica would be perpetually embroiled in conflict, confusion and division as long as Mr. Astaphan remains bosom friends with the PM. His inflammatory, hate mongering, objectionable and extremely divisive rhetoric is partly responsible for the production and distribution of misery in the country.
I don’t no really what u all talking about some Dominicans there head like chicken digbat if skerrat go up for pm tomorrow he will still win all he have to do 50 dollars pampers and a bottle of rum that all and they forget all the crap he doing
I need to see the 1999 agreement which I understand will be made public on the government website and try to understand the relationship between that agreement and the operation of the maritime agency here in Dominica.
I assume that just as argued above, there is a difference between the requirements of the 1999 agreement and the sanction-busting activity of the particular ship, there should also be a difference between exercising jurisdiction and regulatory responsibility over ships flying the national flag and a particular ship engaging in sanction-busting activity.
I will wait to be further educated by reading the agreement, but if as indicated above the government of Dominica has total and complete jurisdiction and responsibility for ship registration and regulation what would have been the purpose and intention of the 1999 agreement?
ADMIN: This previously published DNO article contains the 1999 agreement: https://dominicanewsonline.com/news/homepage/news/general/astaphan-blames-former-administration-for-alleged-un-sanction-busting-by-dominica-flagged-ship/
Thanks DNO
I guess I missed that one. I just don’t like to repeat what other people say without informing myself or thinking through an issue. thanks again. Will read.
ADMIN: You are welcome.
Sams, I’m afraid I have to agree with you and for that reason I won’t waste my breath again in the future. Let Dominicans do what they want to do and let Skerrit rob them blind. When he has his pockets so full and he can not carry anymore he will leave and enjoy life. But what has he left for you?
I am very fed up with that nonsense and childish behavior of Skerrit. He blames everyone, including the dead for his own greed and failure instead of manning up. He blames the uwp AG who I think is dead over 5 years and even questions his law degree; but what about AG’s like Bernard Wiltshire, David Bruney, Ian Douglas, Francine Baron and Levi Peters who all served in the DLP administration while a junior minister or Prime Minister? Is it his way of taking a swipe at their law degree as well, since none was able to change it? The time will come when he will truly blame Tony and Lawrence for their advice. By the way Skerrit, if a man got married to a woman and built her a house before he died and his widow decides to remarry and move into the house built by her late husband, then 18 years the house falling because her current husband never repaired it, is he going to blame it on the ladies late husband that died 18 yrs ago? That’s exactly how that hypocrite, corrupt PM behaving.
Let the facts speak for itself. Some Dominicans are willingly ignorant and another set is not thier fault so they are constantly deceived by this current government. A wealthy hard working man doing well suddenly passes away. He had many sons and daughters. However, one arrogant lil bitter son took over the dad business with no experience, full of arrogance and irratic psycho mentality and deceptive. He has used all this attributes to concentrate power and put useless people to run the business and comes in to play saviour whn they screw up. Today the dad once successful business has been ran to the ground, no production, and the other siblings tearing each other up. Meantime the son is getting fat and wealthy on deals the father made years ago that the other siblings are not privy to while he throws crumbs for the miserable brothers and sister. This is Dominica in a nutshell, but it is not all lost.
The Dominica you describe is your imagination, such nonsense, wallow in your silly imagination
You must also know that your comment is not based on facts.
I have always held that an agent is merely that, representing a principal, who happens to be our government who ultimately bears responsibility. The issue of a license does not alter this one iota and has been introduced by mr. Astphan merely to muddy the waters. It is a red herring herring and if Tony had listened more attentively to his father of blessed memory he would have learned that such herrings may be good for merchandising, buying and selling, but never for eating.