Felicia Browne, Human Rights Advocate
Diplomatic immunity involves exemption from the enforcement of one or more laws of a host country granted to resident foreign diplomats. Its purpose is to ensure that the official duties of foreign […]ambassadors
are not impeded.
Some of the most important protections granted under diplomatic immunity include the inviolability of one’s person and premises, exemption from taxation and freedom from civil and criminal law enforcement/prosecution by local authorities. Although the rationale for diplomatic immunity has merit, its application as a means to undermine the International human rights of individuals or groups constitutes an abuse of power.
Human and gender rights advocate Felicia Browne claims that the government’s decision to uphold a diplomatic envoy’s immunity in a civil matter represents such an abuse and is a clear violation of Christina Estrada‘s human rights. She notes a major omission in the Vienna Convention on Diplomatic Relations agreement in that it was not designed to protect the rights of victims who may be affected by diplomatic immunity. Such victims typically belong to the most vulnerable groups, i.e., women and children, many of whom have little or no access to legal representation or redress. Browne adds that there are known instances where many victims are left without compensation or retribution for the harms done against them, like in cases of human trafficking and migrant domestic workers. Browne adds that although the State has the right to engage foreign nationals to assist in government work, with its engagement in a purely civil matter involving Dr. Walid Juffali, it should be acting to ensure that both parties receive the justice that they deserve without any form of prejudice or bias. Browne reminds us that, “Women have universal rights which include access to legal representation; regardless of their economic status or nationality. There are some countries which may not promote these rights, so it is our responsibility as a progressive society to demand that they uphold these rights, especially when our policy makers fail to do so. We must make it absolutely clear that any form of gender discrimination is unacceptable. Although diplomatic immunity is recognized under International law, we must speak out when its application constitutes an abuse of power and undermines the rights of victims who do not enjoy diplomatic privileges. If we uphold and promote these rights for women and girls in such matters of International human rights, it can only help to move our communities and nation forward in becoming a truly just and humane society.
Has there been any public communication by the Child Care Board about the status of several high profile investigations that have leaked into the public of late?
Putting aside diplomatic immunity for one second, there are clearly too many cases of human rights violations and abuses of power being practiced against women, children and men in Barbados and the Caribbean, by people who enjoy that ‘privilege’ and ‘power’ given to them by the same people whom they abuse.
It is becoming an epidemic. To add insult to injury, too many diplomatic immunities are freely given out between Caricom nations, creating an environment for criminal activities. Most already feel they are above and beyond the law and act accordingly, throw in immunity and they believe they are gods and dial up the abuses. There must be a way to control this idiocy.
Why are we not holding the Child Care Board to account? Is the Chairman the right person for the job?
David…….I heard so many different things about the current Chairman, it’s frightening that certain people are put in positions that impact on innocent lives. The person is not alone however, there is a lot of negative help available for them to draw on.
Felicia Browne does not seem to understand the difference between human rights and civil rights, and she needs to better familiarize or educate herself about these concepts before venturing to publicly hold forth on them via such a clearly misconstrued article. No human right of Dr. Walid Juffali’s ex-wife has been violated and — surprise, surprise — no civil right of hers is implicated either by the fact that the long-standing privilege of diplomatic immunity limits her ability to pursue a post-divorce property separation claim against her ex-husband in a BRITISH (not Saint Lucian) court. If that is the case, then people human and civil rights have been violated by diplomatic immunity for a very long time and in countless other instances all over the world. It also means that a rights-conscious state like Britain is party to the violation of Christina Estrada’s human and civil rights by granting and upholding of Juffali’s diplomatic immunity (i.e. continuing to recognize and accredit him as a diplomat with all the privileges and protections of the Vienna Convention). Ms. Browne needs to ensure that her political antipathy to the Kenny Anthony administration in Saint Lucia (which she once, but quite unsuccessfully, contested in general elections 4 years ago) is not causing her to embrace conclusions and premises that are so misguided and uninformed, that they do serious damage to any academic soundness or legitimacy as a feminist advocate to which she may lay claim or pretend. This is a politically inspired response unrelated to any genuine women’s right, civil right or human right — but attempting, rather clumsily, to masquerade itself as such.
@Sortepy Douglas
Let us accept your entry into the discussion is sound, how do you respond to the following.
Huh??????
Get the picture more fully
http://www.dailymail.co.uk/news/article-3127158/Pictured-stunning-Lebanese-supermodel-stole-heart-one-world-s-richest-men-sparked-4-BILLION-divorce-battle-Prince-Andrew-s-glamorous-former-flame.html
These are the games the uber-rich play. Ms Estrada chases wealthy men, and those men hire expensive lawyers to protect their wealth. Game on.
This sooooo beyond the CCB.
These Arab dudes, their playboy status and gigantic egos are legendary, not concerned with that as I am with the fact that the St. Lucia government decided it appropriate to embed this dude into the Caribean, just because he is a billionaire and for no other reason seeing as he is clearly not even interested in the job, as seen by so many.
How many more such contracts exist across the Caribbean that no one knows about and would not, if not for international and real journalists. Why do Caribbean leaders believe themselves in the same league and level as these people who care nothing for Caribbean people.
This touches on a well known fact. The rich are able to use their resources to buy citizenship through investing in foreign countries. Whilst the US is the top choice for investment, there are a number of islands withing the Caribbean where it is possible and easier to obtain citizenship
http://www.bbc.com/news/business-27674135
widing, wid in, within, or withing… ah well
@TheObserver
To think Stuart mentioned the possibility of Barbados giving consideration until Inniss shouted him down. This is where the Caricom thing is failing. The region is as strong as its weakest. The developed world will backlash against Caricom islands if we allow citizenship to be a gateway for those who wan to deceive.
The Saudi billionaire is an accredited diplomat for the St. Lucian Gov’t? How do you spell Banana Republic?
It is a misnomer to call Felicia Browne a “human rights” advocate. She is a narrow-minded misandrist who seeks power over men.
@chadd9999
And you make the accusation based on what?
Lol…..spoken like a true male chauvinist from the direct route through the Arabian peninsula.
Perhaps Felicia herself along with David – who appears wary of my initial contribution – need to read what the veteran former Saint Lucian, OECS and Caricom master diplomat Earl Huntley has to say about the Juffali matter. He considers it MUCH ADO ABOUT NOTHING.
http://stluciatimes.com/2015/11/28/much-ado-about-diplomatic-nothing
@
*Soterpy Douglas*
*Not so, your first point was taken and we moved to the next point, the idea of St. Lucia selling a diplomatic passport and implications. *
On 29 November 2015 at 13:06, Barbados Underground wrote:
>
These small island governments always bring problems down on themselves and their people because they deceive the people, they keep important information from the people, they keep secrets deliberately and maliciously from the people……
If this dude’s wife had not brought the civil suit in the UK, St. Lucians would never know what their government is doing and keeping secret. St. Lucia, according to the laws on immunity, has no standing to prevent this dude from losing half his fortune. They should have kept their deceptive mouths shut. Now they have to deal with the ado of explaining their deceptions to the people, one way, or the other.
Their actions have also opened the eyes of Caribbean people re they cannot trust their governments, period.
Whoever said Saint Lucia was interested in protecting Juffali’s assets from his ex-wife? Since when that became Saint Lucia’s role. And, David, on what basis do you conclude that Saint Lucia SOLD a diplomatic passport to Juffali? Do you have information that we don’t about the particulars of such a transaction? If you’re looking for another waste-to-energy scandal in this one, prepare to be disappointed.
Actually, the article speaks for itself.
Did you not read the article? In his capacity as diplomat he has not attended any meetings.
David it’s a real stretch of reasoning to conclude that an apparent dereliction of duty automatically means he bought his diplomatic passport … would hate to have you as adjudicator for any case in which I am involved … you reach conclusions that clearly do not follow any logical or sequential stages.
@ Soterpy Douglas
Think what you want, this is not a court of law although there is reasonable cause to draw the conclusion this gentleman has no interest in performing his diplomatic duties..
@Soterpy
“David it’s a real stretch of reasoning to conclude that an apparent dereliction of duty automatically means he bought his diplomatic passport”
Unsure that is being implied. The question is….of all the world population, why did the authorities in St.Lucia select this person? What value does he offer to the people of St.L in that post? Did he contribute to the construction of something or provide other tangible public assets or use his money to guarantee a public loan?
I will go so far as to guess, Mr.J himself had little to do with it. Rather his legal beagles, knew of the angle, and contacted authorities to see how he might be appointed. Maybe it was executed with no malice, and nothing of value ever changed hands.
However, given his attendance record, whomever appointed him, owes it to the taxpayers of St.Lucia to explain his zero record of attendance and hwy they felt he was a good choice, beyond his wealth.
forgot to add above
Mr.J is so wealthy, the least he could have done is to have appointed a deputy to attend meetings to at least “make it look good”?
@Soterpy
One of my favorite quotes is attributed to Judge Judy “Don’t pee on my leg and tell me it is raining”.
You would like me to believe that the Government of St Lucia reached out and appointed this very wealthy man to this position because of his……?. And whatever it is, he is not attending the meetings.
I am quite willing to accept a no-show job, but unlike the rich guy, I need to be paid.
I know your question will be “How do you know he is not being paid?”
Don’t be so predictable…
I swear, something is fundamentally wrong in the Caribbean, when those who were blessed with eyes, because of some rich dude with lots of paper money, pretend they cannot see. This person Soterpy sounds just like Alvin. These types of people usually end up in shackles and chains and cause their own people to end up in shackles and chains as well, because they are so easily bought by anyone with paper and they love being owned.
Juffali is not costing the taxpayers of Saint Lucia anything. We need to break free of our colonial programming that makes us want to rise up against our own governments and countries the moment some cleverly planted story in the British or American media seeks to pressure us into facilitating them with some convenience their own courts and institutions won’t grant. This whole story is a pressure tactic by Christina Estrada, her lawyers and other powerful, influential connections (including well placed media agents). We have to stop lingering servile mentality of jumping to execute every order they give, nowadays disguised as manufactured scandals or media commotions.
@ Soterpy Douglas
You just don’t get it or you playing foolish.
It does not matter if the story is planted, the question is where is the utility for St. Lucia selling a passport to a rich playboy who has done nothing to ‘honour’ the honour.
The British and American press have nothing to gain by their articles, a story is a story for them and as long as it can be substantiated, it’s published in the best interest of the public, using freedom of information vehicles, something lacking in the Caribbean because small island governments always have some nasty conspiracy to hide from their people.
This Arab dude is holding a post that is obviously not important to him or the St. Lucia government or else a St. Lucian citizen more deserving would be holding it and showing respect to the post by actually acknowledging his/her duties. St. Lucia’s prime minister was hiding something from his own people and thanks to international media, it will now all come out in the wash……….you can only fool some of the people, some of the time.
@Soterpy
“Juffali is not costing the taxpayers of Saint Lucia anything”…you assume the appointment resulted in no financial exchange, and if it did, it ended up in the public coffers?
“colonial programming” sounds like come-sing-a-song.
Of course the pressure is from Estrada advisers, and of course they are trying to manipulate to get what they want. They may even be “greasing” to get what they want, for we know money is not an issue here.
This could be transpiring anywhere in the world, and the two sides would be doing the same thing. Initially MrJ’s experts seeking advantage, and now her experts seeking to annul or remove that advantage.
The problem here is the optics. So just answer the question
Of all the world population, why did the authorities in St.Lucia select this person? What value does he offer to the people of St.L in that post?
The following article is relevant and ties in nicely to the point made by Jeff regarding the collective obligation of Caricom under the Revised Treaty of Chaguaramas.
@”Felicia Browne claims…a major omission in the Vienna Convention on Diplomatic Relations agreement in that it was not designed to protect the rights of victims who may be affected by diplomatic immunity. Such victims typically belong to the most vulnerable groups, i.e., women and children.”
@”Within months of receiving a demand from his ex-wife for a share of his £4billion fortune, Saudi tycoon Sheik Walid Juffali joined the obscure International Maritime Organisation as representative of the Caribbean island of St Lucia – gaining diplomatic immunity from any legal action in Britain. It meant, of course, that his fortune was safe from his wife of 14 years, former calendar model Christina Estrada.”
A calendar model estranged wife of a Saudi billionaire is hardly a victim. If her husband leaves her or she leaves him so what…marriages end all the time. She can always get a job just like the rest of us. If she has children with the billionaire the court should order that support in the style to which HE has accustomed them…if there are no children she should move on and if she is sensible and lucky qill never see or hear from him for the rest of her life.
First world “problem.”
Lolll!!!
And the Saudi billionaire shudda learn like a good Muslim to avert his eyes from scantily clad calendar girls.
What was he thinking.
Or wuz it ‘lil mr jones that was thinking fah he?
You are obviously trying hard to comment true to your username or remain in an inebriated state. Should challenging a principle law have to do with whether the players are rich?
@Well Well & Consequences November 28, 2015 at 11:30 AM “These Arab dudes, their playboy status and gigantic egos are legendary… just because he is a billionaire and for no other reason seeing as he is clearly not even interested in the job, as seen by so many.”
A Simple Response: If you are a billionaire you don’t need no stinking job.
@Well Well & Consequences November 28, 2015 at 11:30 AM “these people who care nothing for Caribbean people.”
A Simple Response: We care nothing about the Arabs nor their gigantic egos…however we care about their billions…we care a lot about their billions.
I am sure that there are tens of thousands of ugly, middle-aged, devout, Saudi, post-menopausal Muslim women that the billionaire could have chosen to marry
…he did not
…I wonder why?
@Sargeant November 28, 2015 at 4:21 PM “How do you spell Banana Republic?”
M-O-N-E-Y.
But it is alright for you to stop up in Canada a and talk…here in the Caribbean we need to feed our children..and educate them to so that they can compete with your children.
Get it?
@Well Well & Consequences November 29, 2015 at 1:23 PM “These small island governments always bring problems down on themselves and their people because they deceive the people, they keep important information from the people, they keep secrets deliberately and maliciously from the people.”
Don’t get yer knickers in a knot.
ALL GOVERNMENTS KEEP SECRETS FORM THE PEOPLE.
Why do you think that ALL GOVERNMENTS HAVE OFFICIAL SECRETS ACTS, AND WHY DO YOU THINK THAT ALL GOVERNMENTS CLASSIFY CERTAIN INFORMATION? and will keep it classified until long after we are dead?
Lolll!!!
@David November 30, 2015 at 4:27 AM “where is the utility for St. Lucia selling a passport to a rich playboy who has done nothing…”
A Simple Reply: M-O-N-E-Y.
Cheeze-on-bread.
What happen that I have to read and spell for you guys this morning?
M-O-N-E-Y the most utilitarian thing in the word.
@NorthernObserver November 30, 2015 at 5:42 PM “Of all the world population, why did the authorities in St.Lucia select this person? What value does he offer to the people of St.L in that post?”
M-O-N-E-Y.
@David December 27, 2015 at 8:02 AM “You are obviously trying hard to comment true to your username or remain in an inebriated state.”
Didn’t drink a thing over the Christmas holidays David, not a single drop.
I am an alternate [Simple] thinker, that’s all.
Simple,
An alternate thinker isn’t such a good thing. Check your dictionary for and see if you didn’t mean to say “alternative”, please.
Check your dictionary for the meaning.
I don’t have a dictionary Donna.
@ David
So why are you so gung ho in support of a model who obviously married a rich man to get some money … only to be outflanked by his legal team?
…she lucky he is not the more regular type that would come up with a MUCH less expensive method of ending her claim…. She played with the dogs and now have fleas… frig her…
What is different between St Lucia ‘selling diplomatic passports for money’ and Barbados having a policy of attracting ‘high net worth’ individuals to come an buy every shiite ’bout here? …every beach front, …every hotel, every bank …every utility …every supermarket..?
Wuh shiite…., St Lucia’s approach makes MORE sense …they can always cancel the damn passport …and besides the man is not even living there and pissing their citizens off…but up in England …pissing off white people and Exclaimer…
Bajans are the bigger brass bowls BY FAR…..
@Bush Tea, Sir
Does it make a difference that St.Lucia is selling a passport and Barbados is selling real estate and share ownership? What is common to both you may ask?
Darn. I shouldn’t have looked at the Saudi billionaire on this Daily Mail site. Now I have to go for a long walk in order to recover.
http://www.dailymail.co.uk/news/article-3374979/Now-hand-cut-4billion-Foreign-Office-wades-UK-s-biggest-divorce-case-sheik-forced-listen-model-wife-s-demand.html
The mention of St. Kitts, Antigua and St. Lucia reminded me of something I heard relative to Antigua.
Has anyone heard (as was told to me by an Antiguan friend of mine) that PM Gaston Browne is soliciting the USA government to relocate the US embassy from Barbados to Antigua, because it is too expensive for Antiguans to travel here to apply for US visas?
I was also told Browne was also looking at asking the UWI hierarchy to relocate the Cave Hill Campus to Antigua because Antiguan students were being mistreated. They cited an incident where there was a function at UWI and “someone threw bleach on the Antiguans’ food.”
However, when I investigated that matter, apparently the Antiguans’ food was not kept in sanitary conditions and as a result, health inspectors, as is customary even with Barbadians, threw bleach on the food to prevent any further serving, since people may not comply with instructions to dump the food.
@ David
Does it make a difference that St.Lucia is selling a passport and Barbados is selling real estate and share ownership?
+++++++++++++++++++++++++++
OF COURSE IT DOES!!
While we are selling our fields and hills (and banks and utilities and stores…) all St Lucia is selling is a piece of paper that allows these rich crooks to piss off the UK, Canada and USA.
Chalk and cheese… Boss
It is like comparing the Castries chicken providing eggs, and the brass bowl bajan pig providing bacon for breakfast… 🙂
@ Simple
Don’t mind you….
you are just sorry that he is not one of your Ex….
@Artaxerxes December 27, 2015 at 12:38 PM “Has anyone heard (as was told to me by an Antiguan friend of mine) that PM Gaston Browne is soliciting the USA government to relocate the US embassy from Barbados to Antigua, because it is too expensive for Antiguans to travel here to apply for US visas?”
Artaxerxes man: Urban myth.
It is not going to happen. Building a new embassy is quite an expensive undertaking. So if the Embassy was in Antigua would it not be expensive to Bajans to travel there?
Artaxerxes man: Urban myth.
@Artaxerxes December 27, 2015 at 12:38 PM “I was also told Browne was also looking at asking the UWI hierarchy to relocate the Cave Hill Campus to Antigua because Antiguan students were being mistreated.
Urban myth again.
@Artaxerxes December 27, 2015 at 12:38 PM “They cited an incident where there was a function at UWI and “someone threw bleach on the Antiguans’ food.” However, when I investigated that matter, apparently the Antiguans’ food was not kept in sanitary conditions and as a result, health inspectors, as is customary even with Barbadians, threw bleach on the food to prevent any further serving, since people may not comply with instructions to dump the food.”
True.
If you are serving food to hundreds of people it is dangerous not to follow proper public health protocols. If Barbados’ health inspectors had permitted the Antiguan students to serve the food and if hundreds of students had ended up being sick them we would have all sorts of bellyaching (literally and metaphorically) from those who would feel that Barbados authoritieeipermitted the food poisoning of their nationals. And think of the stress of the polyclinics and the QEH if hundreds of students show up with the “belly.”
@David December 27, 2015 at 12:20…wait…piece a land and piece a citizenship paper does both give a slice of a country but beyond that fah real Bushie is absolutely right. Surely you must agree, “While we are selling our fields and hills… all St Lucia is selling is a piece of paper …Chalk and cheese”
Remember David these fields and hills are still limited to 166 squares. St. Lucia could issue WELL beyond 200K pieces of paper and feel no immediate pain..we can’t do that wid de land.
Completely agree, entire divorce episode is much ado about nothing important to anyone outside the marriage.
The spotlight on this citizenship for sale problem is another matter altogether and just as the Europeans are feeling the wrath of the US re their ‘lax’ immigration policies so too will St.Lucia and others similarly situated like them with ‘pay to live’ financial plans.
Don’t agree Dee Word, the sale of citizenship which equates to selling a birthright or navel string requires the same flawed decision making process.
@ David
Citizenship?
What the hell is that?
lotta shiite…!!
Who could want more ‘birthright or navel string’ than those rich people who now come down here and decide ‘who can do what, when, where, and how’ … at FLOW /MASSY/ EMERA/ REPUBLIC/ SANDALS/…etc etc
Give it up boss… the OECS countries are MILES behind of us …when it comes to selling our asses to albinos….
@Bush Tea
All it will take at some point in the future is the enactment of alien land/property legislation and the dog dead.
LOL
Depends on which dog…
…any bets it will be a black dog?
Who do you think is pulling the legislative strings round here boss? albino shadows..
…Caswell got it right….
Same way they are now making the ‘Labour’ laws into ‘Business’ laws, you may well find that the various land taxes, shiite taxes, levees and environmental charges will result in a future much like our past…
@Bush Tea
We know that Doville is mixed up with the private sector crowd Rotary et al and Sinckler is not far behind willing to prostitute his tail for 30 pieces of silver. Note the items he gave away at a recent constituency party.
Bushie,
The black dog is already on his death bed.
True about this divorce issue being a non- issue. The man rented her for a time and she should be satisfied with her exorbitant rental fee. The only issue here is the strange actions of the St. Lucian government. Quite frankly though, I am more concerned with the strange actions of my own government.
Simple,
An alternate thinker would be one who thinks every other time. That would mean in this instance that we should treat every other of your posts as having been made without thinking.
Those claiming that Earl Huntley has impeccable credentials should do some research into the Helenites affair in which a St. Lucia owned building was sold without the knowledge of the Government .Similarly his involvement in selling St. Lucia’s seabed to Jack Grynberg without the consent of the Governor General and then keeping the deal secret for nine years. It would also be worth noting that the Juffali appointment was kept secret from everyone in St. Lucia including the Government ‘s own Maritime department, the Ministry of Foreign Affairs and Ministers of Government . It must also be noted that the treasury has not received any monies for the awarding of this Diplomatic Passport. If monies were paid… They definitely did not go into the country’s coffers.The only pertinent question is why was Juffali given this passport at such a convenient time for him?
@Karen
Tell us more or more importantly feel free to put a few lines together and email us.
Has anyone pause to think about the serious implications of if, and I repeat if, a spouse seeking release as I needed from Lilith Number 2 and 3 were to be afforded the option of diplomatic immunity of government X?..
So wunna know dat if I is Sheik Abdula bin Labia Pudendah al Sahib de Third (like Grenville is de third) and I so rich dat my garage is de size uh Barbados, wunna dun know dat, in order not to pay any spousal support to either uh dem Liliths dat all I got to do is pay a minister uh one uh dese banana republics a few dollars, or jes meet Chris Stinkliar, Maxine McCLean and Humpty Dumpty Greenidge late a night at Champers, and whaplax I is an ambassador fuh $10 million and ent got to pay out $200 million to my Bedouin ex wife???
Whu it even bettah dan dat cause if I only invite Stinkliar to the dinner and he representing all uh dem, all I gots to do is move de decimal point fuh dat Garrison scholar and I may only got to pay $10,000!!! Instead uh $10 million!!
Dis cud become a new Forex earner fuh Barbados’ ailing economy…Maxine you always looking to improve you wardrobe fuh you trips dem, see if you cud set up some rich menses fuh dese services…no to mek dem get divorce…but when dem is getting divorce to mek dem ambassadors doah now to tink bout it as a one stop stop you cud hire sum uh dem bank girls who does look in you accounts and set up menses causing dem know how much money in de Lotharios accounts…de possibilities is endless
@ David,
Hammond criticises judge for stripping diplomatic immunity from Saudi billionaire
http://www.theguardian.com/law/2016/mar/22/hammond-criticises-judge-for-stripping-diplomatic-immunity-from-saudi-billionaire
@Exclaimer
They can criticize all they want.