Palau Legal News: AG Response to Delegate Human Trafficking Letter; Removal of Chinese Casino Vessel
AG Replies to House Speaker on Human Trafficking Issue
Island Times
WRITTEN BY JOSE RODRIGUEZ T. SENASE
MONDAY, 05 OCTOBER 2015 13:36
Attorney General John Bradley has replied to an earlier letter from House of Delegates (HOD) Speaker Sabino Anastacio who has expressed concerns on the tagging of Palau as a human trafficking destination. The United States (US) State Department’s 2015 Trafficking Report put Palau in Tier 2 ranking. Tier 2 ranking means that country’s government does not fully comply with Trafficking Victims Protection Act’s (TVPA) minimum standards but is making significant efforts to bring itself into compliance with those standards. The Report said that Palau is a destination country for women subjected to sex trafficking and men subjected to forced labor.
In his letter to Bradley dated August 12, 2015, Anastacio strongly objected to the Report’s characterization of Palau as “a destination country for women subjected to sex trafficking and for women and men subjected to forced labor”. Anastacio accused the US State Department of using public shaming to push international reform. In the same letter, the House Speaker urged the AG’s Office to “vigorously defend” Palau’s integrity.
In his reply letter to the House Speaker dated October 2, 2015, Bradley thanked Anastacio for highlighting the role of everybody in protecting Palau’s reputation. “I am writing in reply to your letter raising corncerns about the 2015 Trafficking in Persons Report issued by the U.S. Department of State. Thank you for highlighting the important role we all play in protecting the reputation of Palau in the international community,” he stated.
Bradley said the public needs to know that Palau treats this issue seriously and aggressively applies our laws to meet international standards.
Bradley then cited recent examples of human trafficking and labor laws violation cases filed in court against several individuals, including foreign nationals. “Recently, for example, we identified a Nepal labor recruiter deceiving foreign workers and bringing them to Palau through false contracts. We convicted her of a visa violation, deported her and listed her as an undesirable alien, who is now prohibited from returning to Palau.,” he pointed out. “We also charged an Indian recruiter with labor trafficking, following an investigation by the Bureau of Public Safety, and will present our case to the court,” the Attorney General added.
Bradley said they have been coordinating for several months with the Micronesian Legal Counsel Office and Labor officials as civil lawsuits alleging labor violation are being filed against various businesses. “Both Labor and Immigration are actively pursuing a project called Operation Clean Business, aimed at improving how business owners comply with Palau laws,” he pointed out.
Bradley also noted that the United States Ambassador to Palau, Amy Hyatt, recently complimented Palau in a newspaper editorial, noting its progress in addressing human trafficking issues. “These activities make it clear that law enforcement in Palau understands its role in protecting foreign workers,” he stressed.
The Attorney General said that Palau has strong legal arsenal for protecting foreign workers. “We have tough Human Trafficking and Labor Trafficking criminal laws, along with a modern Penal Code that contains a broad array of new crimes. We have Labor and Immigration agencies and trained officers for collecting valuable information,” he pointed out. “We have experienced prosecutors and an independent judiciary for making sure criminal cases result in appropriate punishment. These are all powerful tools that should be recognized and valued in the fight to protect innocent workers,” Bradley added.
Bradley said he shares some of the Speaker’s concerns on the 2015 Trafficking Report. “As for the 2015 Report, I share some of your concerns. As you indicated in your letter, it is difficult to review or respond to the detail or source of information relied upon by the 2015 Report, because the report itself does not contain any such details or sources,” he stated. “I am not aware of any formal process by which the information is gathered or reviewed. The Attorney General office does not have any authority to make an inquiry into that process, because our Office is limited by law to advising the executive branch and prosecuting criminal cases,” he added.
Bradley said the Ministry of State should make the inquiry on how the information is gathered or reviewed. “Given that the United States Department of State is responsible for the 2015 Report, perhaps the most appropriate office for seeking such information would be our Ministry of State,” he stressed.
“Thank you again for your concerns. As the Attorney General for the Republic of Palau, I am committed to supporting the good work of the many people protecting foreign workers. No country has a perfect record, but we can always make sure that world better understand that Palau is willing to match anyone in our effort to improve conditions for foreign workers,” Bradley concluded.
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Filipino salvage company to remove” Xian Ni”
WRITTEN BY JOSE RODRIGUEZ T. SENASE
MONDAY, 05 OCTOBER 2015 13:35
A salvage company from the Philippines has entered into a contract with the Palau Government to remove and dispose of an abandoned Chinese cruise ship that has been in Palau waters since November last year. Attorney General John Bradley, in a phone interview yesterday, said Fahrenheit has entered into an agreement with the Palau Government to remove “Xian Ni”. Bradley said that under the agreement, Fahrenheit will pay $200,000 to the Palau Government. “They already gave Palau $100,00.The remaining balance will be given to the government once they are ready to leave with the boat,” he stated. Bradley said they are only awaiting a court judgment that will turn over the vessel to the Filipino company. “I think in a couple of weeks the vessel will be removed from Palauan waters,” he said.
According to another source, a five-man crew from the Philippines is already in Palau ready to remove the vessel. Bradley said it is likely that that Fahrenheit will bring the vessel to the Philippines, dismantle it, and sell it as scrap metal. He said the company has two options, either to bring a tugboat to tow the vessel or repair its engines for it run on its own engines. But the source said the plan is to repair and refurbish the vessel and bring it into service again in the Philippines.
The Palau Supreme Court has earlier issued a ruling forfeiting the vessel in favor of the Palau Government.
The “Xian Ni” has been in Palau waters for nearly a year now. It arrived in Palau in mid-November 2014, triggering surprise and speculations, including rumors that it will be used as a floating casino/hotel.
Immediately after the vessel arrived, its crew departed Palau on a commercial flight, leaving it behind. The vessel was in a state of disrepair when it arrived in Palau and has since been anchored near the Rock Islands, which is Palau’s premier tourist destination. The vessel remained in Palau’s waters after the provisional registration issued to her expired. Attempts have been made to have the owners of the ship remove it, but those attempts have failed.
This led to the Palau Government filing a complaint against the vessel and its owners. The Verified Complaint in Libel for Condemnation and Forfeiture was filed at the Palau Supreme Court on February 13, 2015. The vessel was reportedly owned by China Regal Cruises International Co., Ltd, China-American Low Carbon Energy Fund, and Chinese-American businessman Allen Jin Zhang. The trio were named as Defendants in the case. The “Xian Ni” previously plied the Yangtze River in China as a tourist cruise ship.
Island Times
WRITTEN BY JOSE RODRIGUEZ T. SENASE
MONDAY, 05 OCTOBER 2015 13:36
Attorney General John Bradley has replied to an earlier letter from House of Delegates (HOD) Speaker Sabino Anastacio who has expressed concerns on the tagging of Palau as a human trafficking destination. The United States (US) State Department’s 2015 Trafficking Report put Palau in Tier 2 ranking. Tier 2 ranking means that country’s government does not fully comply with Trafficking Victims Protection Act’s (TVPA) minimum standards but is making significant efforts to bring itself into compliance with those standards. The Report said that Palau is a destination country for women subjected to sex trafficking and men subjected to forced labor.
In his letter to Bradley dated August 12, 2015, Anastacio strongly objected to the Report’s characterization of Palau as “a destination country for women subjected to sex trafficking and for women and men subjected to forced labor”. Anastacio accused the US State Department of using public shaming to push international reform. In the same letter, the House Speaker urged the AG’s Office to “vigorously defend” Palau’s integrity.
In his reply letter to the House Speaker dated October 2, 2015, Bradley thanked Anastacio for highlighting the role of everybody in protecting Palau’s reputation. “I am writing in reply to your letter raising corncerns about the 2015 Trafficking in Persons Report issued by the U.S. Department of State. Thank you for highlighting the important role we all play in protecting the reputation of Palau in the international community,” he stated.
Bradley said the public needs to know that Palau treats this issue seriously and aggressively applies our laws to meet international standards.
Bradley then cited recent examples of human trafficking and labor laws violation cases filed in court against several individuals, including foreign nationals. “Recently, for example, we identified a Nepal labor recruiter deceiving foreign workers and bringing them to Palau through false contracts. We convicted her of a visa violation, deported her and listed her as an undesirable alien, who is now prohibited from returning to Palau.,” he pointed out. “We also charged an Indian recruiter with labor trafficking, following an investigation by the Bureau of Public Safety, and will present our case to the court,” the Attorney General added.
Bradley said they have been coordinating for several months with the Micronesian Legal Counsel Office and Labor officials as civil lawsuits alleging labor violation are being filed against various businesses. “Both Labor and Immigration are actively pursuing a project called Operation Clean Business, aimed at improving how business owners comply with Palau laws,” he pointed out.
Bradley also noted that the United States Ambassador to Palau, Amy Hyatt, recently complimented Palau in a newspaper editorial, noting its progress in addressing human trafficking issues. “These activities make it clear that law enforcement in Palau understands its role in protecting foreign workers,” he stressed.
The Attorney General said that Palau has strong legal arsenal for protecting foreign workers. “We have tough Human Trafficking and Labor Trafficking criminal laws, along with a modern Penal Code that contains a broad array of new crimes. We have Labor and Immigration agencies and trained officers for collecting valuable information,” he pointed out. “We have experienced prosecutors and an independent judiciary for making sure criminal cases result in appropriate punishment. These are all powerful tools that should be recognized and valued in the fight to protect innocent workers,” Bradley added.
Bradley said he shares some of the Speaker’s concerns on the 2015 Trafficking Report. “As for the 2015 Report, I share some of your concerns. As you indicated in your letter, it is difficult to review or respond to the detail or source of information relied upon by the 2015 Report, because the report itself does not contain any such details or sources,” he stated. “I am not aware of any formal process by which the information is gathered or reviewed. The Attorney General office does not have any authority to make an inquiry into that process, because our Office is limited by law to advising the executive branch and prosecuting criminal cases,” he added.
Bradley said the Ministry of State should make the inquiry on how the information is gathered or reviewed. “Given that the United States Department of State is responsible for the 2015 Report, perhaps the most appropriate office for seeking such information would be our Ministry of State,” he stressed.
“Thank you again for your concerns. As the Attorney General for the Republic of Palau, I am committed to supporting the good work of the many people protecting foreign workers. No country has a perfect record, but we can always make sure that world better understand that Palau is willing to match anyone in our effort to improve conditions for foreign workers,” Bradley concluded.
--------------------------------------------------------
Filipino salvage company to remove” Xian Ni”
WRITTEN BY JOSE RODRIGUEZ T. SENASE
MONDAY, 05 OCTOBER 2015 13:35
A salvage company from the Philippines has entered into a contract with the Palau Government to remove and dispose of an abandoned Chinese cruise ship that has been in Palau waters since November last year. Attorney General John Bradley, in a phone interview yesterday, said Fahrenheit has entered into an agreement with the Palau Government to remove “Xian Ni”. Bradley said that under the agreement, Fahrenheit will pay $200,000 to the Palau Government. “They already gave Palau $100,00.The remaining balance will be given to the government once they are ready to leave with the boat,” he stated. Bradley said they are only awaiting a court judgment that will turn over the vessel to the Filipino company. “I think in a couple of weeks the vessel will be removed from Palauan waters,” he said.
According to another source, a five-man crew from the Philippines is already in Palau ready to remove the vessel. Bradley said it is likely that that Fahrenheit will bring the vessel to the Philippines, dismantle it, and sell it as scrap metal. He said the company has two options, either to bring a tugboat to tow the vessel or repair its engines for it run on its own engines. But the source said the plan is to repair and refurbish the vessel and bring it into service again in the Philippines.
The Palau Supreme Court has earlier issued a ruling forfeiting the vessel in favor of the Palau Government.
The “Xian Ni” has been in Palau waters for nearly a year now. It arrived in Palau in mid-November 2014, triggering surprise and speculations, including rumors that it will be used as a floating casino/hotel.
Immediately after the vessel arrived, its crew departed Palau on a commercial flight, leaving it behind. The vessel was in a state of disrepair when it arrived in Palau and has since been anchored near the Rock Islands, which is Palau’s premier tourist destination. The vessel remained in Palau’s waters after the provisional registration issued to her expired. Attempts have been made to have the owners of the ship remove it, but those attempts have failed.
This led to the Palau Government filing a complaint against the vessel and its owners. The Verified Complaint in Libel for Condemnation and Forfeiture was filed at the Palau Supreme Court on February 13, 2015. The vessel was reportedly owned by China Regal Cruises International Co., Ltd, China-American Low Carbon Energy Fund, and Chinese-American businessman Allen Jin Zhang. The trio were named as Defendants in the case. The “Xian Ni” previously plied the Yangtze River in China as a tourist cruise ship.