UPDATE:
The Mandate was delivered to and received by PFPAD on April 5, 2023
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LETTER TO PFPAD FROM
H.E. AMBASSADOR ARIKANA CHIHOMBORI-QUAO
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Please endorse the Mandate by completing the form below and circulating widely
A MANDATE FROM THE AFRO DESCENDANT PEOPLE ISSUED TO THE PERMANENT FORUM ON PEOPLE OF AFRICAN DESCENT TO REQUEST AN ADVISORY OPINION FROM THE INTERNATIONAL COURT OF JUSTICE ON THEIR STATUS AS PRISONERS OF WAR UNDER THE GENEVA CONVENTION
After taking the floor at the First Session of the Permanent Forum on People of African Descent (PFPAD) on December 6, 2022, Siphiwe Baleka, President of the Balanta B’urassa History & Genealogy Society in America (BBHAGSIA) said
“we call on this Forum to vigorously request an advisory opinion from the International Court of Justice on our status as prisoners of war under the Geneva Convention as well as our right to conduct plebiscites for self determination including the right to secede from the jurisdictions of colonial successor states in the Western hemisphere and form our own independent governments.”
At that moment, on behalf of people of African Descent, Mr. Baleka invoked the mandate of the PFPAD “To request the preparation and dissemination of information by the United Nations system on issues relating to people of African descent . . . .”
In his closing remarks to the First Session entitled “Reparatory Justice and Sustainable Development: A Way Forward?”, PFPAD member Michael McEachrane stated,
“We, the Members of the Forum,. . . propose that the legal and institutional grounds for pursuing reparatory justice at the UN be examined to both clarify the possibilities of pursuing reparatory justice at the UN and the International Court of Justice . . . .”
The International Court of Justice (ICJ) states on its website,
“Since States alone are entitled to appear before the Court, public (governmental) international organizations cannot be parties to a case before it. However, a special procedure, the advisory procedure, is available to such organizations and to them alone. This procedure is available to five United Nations organs, fifteen specialized agencies and one related organization. . . . Advisory proceedings begin with the filing of a written request for an advisory opinion addressed to the Registrar by the United Nations Secretary-General or the director or secretary-general of the entity requesting the opinion.”
UN Charter Article 96 states:
1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.
2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
Further, Resolution 75/314. Establishment of the Permanent Forum of People of African Descent emphasizes the opportunity for “the implementation of the Durban Declaration and Programme of Action” and the CHAIRPERSON’S PREPARATORY DOCUMENT FOR THE DRAFT UNITED NATIONS DECLARATION ON THE PROMOTION AND FULL RESPECT OF THE HUMAN RIGHTS OF PEOPLE OF AFRICAN DESCENT states,
“Reaffirming that the Durban Declaration and Programme of Action, adopted in 2001, and the outcome document of the Durban Review Conference, adopted in 2009, as well as the political declarations on the occasion of the tenth and twentieth anniversaries of the adoption of the Durban Declaration and Programme of Action, provide a comprehensive United Nations framework and solid foundation for combating racism, racial discrimination, xenophobia and related intolerance, and reaffirm our commitment to their full and effective implementation;”
Accordingly, the Durban Declaration and Programme of Action (DDPA) states,
“104. We also strongly reaffirm as a pressing requirement of justice that victims of human rights violations resulting from racism, racial discrimination, xenophobia and related intolerance, especially in the light of their vulnerable situation socially, culturally and economically, should be assured of having access to justice, including legal assistance where appropriate, and effective and appropriate protection and remedies, including the right to seek just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination, as enshrined in numerous international and regional human rights instruments, in particular the Universal Declaration of Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination;”
Finally, The US Government has stated in the Brief in Support of Motion to Quash Indictment for Lack of Jurisdiction Under Article III, U.S. Constitution Brought by the Defendant (Imari Obadele and Gaidi Obadele) that
"the issue of whether black folks now within the United States have ever been converted, in accordance with settled principles of universally established law, into United States citizens, and divested altogether of their original foreign African nationality". . . . "is a matter of law."
The recognition that the question must be settled in accordance with principles of universally established law thereby requires that it can not be answered in any domestic court and must be settled at the ICJ.
Thus, our mandate to the PFPAD to request an advisory opinion from the ICJ rests on a solid institutional basis. As a rule of the ICJ, organizations and States authorized to participate in Advisory proceedings may submit written statements. Therefore, included in this mandate are the following written statements that can serve as an initial basis for assembling all the necessary information about the Afro Descendants’ status under the Geneva Convention:
Siphiwe Baleka Statement to the 1st Session of the UN Permanent Forum on People of African Descent
The African American Case for Independence at the International Court of Justice
The specific claims which require an ICJ advisory opinion are summarized as:
Summary
1. 𝐀𝐋𝐋 𝐝𝐞𝐬𝐜𝐞𝐧𝐝𝐚𝐧𝐭𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐩𝐞𝐨𝐩𝐥𝐞 𝐤𝐢𝐝𝐧𝐚𝐩𝐩𝐞𝐝, 𝐭𝐞𝐫𝐫𝐨𝐫𝐢𝐳𝐞𝐝, 𝐭𝐨𝐫𝐭𝐮𝐫𝐞𝐝 𝐚𝐧𝐝 𝐭𝐫𝐚𝐟𝐟𝐢𝐜𝐤𝐞𝐝 𝐟𝐫𝐨𝐦 𝐭𝐡𝐞𝐢𝐫 𝐡𝐨𝐦𝐞𝐥𝐚𝐧𝐝𝐬 𝐨𝐧 𝐭𝐡𝐞 𝐀𝐟𝐫𝐢𝐜𝐚𝐧 𝐜𝐨𝐧𝐭𝐢𝐧𝐞𝐧𝐭 𝐚𝐧𝐝 𝐞𝐧𝐬𝐥𝐚𝐯𝐞𝐝 𝐢𝐧 𝐭𝐡𝐞 𝐀𝐦𝐞𝐫𝐢𝐜𝐚𝐬, known as Afro Descendants in international forums, are prisoners of the declared Dum Diversas War.
2. Afro Descendants owe no allegiance to any Nation’s laws.
3. At the end of the US Civil War, the United States legislated voluntary, compensated repatriation and ceded territory for New Afrikan self-governing territories in pursuit of independence.
4. The assassination of President Lincoln led to a campaign of fraud and terror to deny New Afrikan’s right to return to their homeland, reduce the status of the recently established self-governing territories, and deny the full recognition of the New Afrikan’s political rights.
5. Cyril Briggs, W.E.B. DuBois and Marcus Garvey advocated for New Afrikan self-government and independence, the latter two petitioning the League of Nations for justice and for self determination. The United States, however, refused to sign a special treaty agreeing to the international protection of its internal minorities.
6. The United States failed its sacred trust obligation under the UN Charter Chapter XI Article 73 to promote New Afrikan well-being and to “develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions.” It further failed to declare New Afrikan territories as trust territories, under UN Charter, Chapter XII Article 77.1.c trusteeship system.
7. The United States continues to violate the human rights, and in particular, the political rights, of New Afrikan/AfroDescendant peoples by continuing the campaign of fraud and terror limiting their political rights only to citizenship in the United States when it should be honoring its commitments to voluntary repatriation with compensation and recognition of New Afrikan self-governing territories made at the conclusion of the Civil War.
8. The Permanent Forum of People of African Descent (PFPAD) can request a special advisory opinion from the International Court of Justice (ICJ) on the New Afrikan status as prisoners of war under the Geneva Convention and the necessity of holding a plebiscite to determine their collective political destiny.
9. CONCLUSION: The United States territory is an acquisition of legal title by conquest that has been rejected as anachronistic and contrary to the Charter of the United Nations. Afro Descendant/New Afrikan presence on said territory is the result of a declaration of total war and the subsequent “Trans Atlantic Slave Trade” that has been acknowleged as a crime against humanity both now and then. Territorial acquisitions or other advantages gained through the threat or wrongful use of force cannot have legal effect, because international law cannot confer legality upon the consequences of wrongful acts incompatible with the Charter. In such cases, there should be full restitution. To claim that our status is “American citizen” is to confer legality on an acquisition of territorial legal title by conquest, a crime against humanity, and a campaign of fraud and terror by the government of the United States of America (after the assassination of President Lincoln and the 14th Amendment).
10. An ICJ opinion that descendants of the people kidnapped, terrorized, tortured and trafficked from their homelands on the African continent and enslaved in the Americas are in fact “prisoners of war” until their “final release and repatriation” under the Geneva Convention will provide legal clarity for reparatory justice for all Afro Descendant people.
Endorsed by:
Kenniss Henry, National Coalition of Blacks for Reparations in America (NCOBRA)
Maynard Henry, National Coalition of Blacks for Reparations in America (NCOBRA)
Efia Nwangaza, Malcolm X Center for Self Determination
Nkechi Taifa, Reparation Education Project
Senghor Baye, UNIA-ACL RC2020
Esther Stanford-Xosei, Global Afrikan Peoples Parliament.
Jalil Muntaqim, Spirit of Mandela Committee, National Jericho Movement, the Peoples’ Senate
HE Amb. Rev. KWAME KAMAU, International Civil Society Working Group - UN Permanent Forum on People of African Descent
Marlon Miller, Bahamas National Reparation Committee
Fabien Anthony, Pan-African Council
Kamm Howard, Reparations United
Ade Olaiya, UNESCO Inclusive Policy Lab
Niambi Hall-Campbell Dean, Bahamas National Reparations Committee
Steve Reid, Caribbean Rastafari Organisation Inc.
KWAME-OSAGYEFO KALIMARA, New Afrikan People's Organization/Malcolm X Grassroots Movement
Saikou Ak Jallow, Movement for Social Justice MS-J4 Gambia
June Lewis, IDPAD Coalition UK
Dr. Wade Nobles, Professor Emeritus of Black Psychology and Africana Studies
Kali Akuno, Cooperation Jackson
Miguel Angel Avila Nazareno., Movimiento Federalista Panafricano de América Latina y el Caribe Hispano -MFPA/ALCH-Ecuador.
Morgan Moss JR, Ubuntu National & International Trade & Education (UNITE)
Nina Womack, Transmedia 360
Camara Jules P Harrell, Howard University Department of Psychology
Augustin F C Holl, Xiamen University, China
Patricia Silva, Stichting Black Matters, the Netherlands
Renate Brison, Pro Soualiga Foundation, St. Martin
Jami Luqman, New Afrikan Network 519 Association
Tafari Thompson, The Ethiopia Africa Black International Congress, Bahamas
Mickey Bowe, House Of Rastafari Bahamas. Ethiopia Africa black international Congress
Darren Crenshaw, Street Salvation Ministries NGO
NZABI MISAMU, DYNAMIC MATONGE, Belgium
Dana Dennard, Aakhet Center For Human Development
Omowale Afrika, Afrikan War College
Mwalimu Kabaila, Presiding Elder, National Black Council of Elders
Cheryl Grills, Loyola Marymount University
NNAMDI Ture, All African People Revolutionary Party
Ashraf Cassiem, Anti Eviction Campaign
Laurel Klafehn, Immigrant Freedom Fund of Colorado
Daïana GOMES, RepatBissau
Eric Phillips, Guyana Reparations Committee
Dawn Demeritte, The Bahamas National Reparation Committee
Woody Carter, Bay Area Black United Fund
Kevin Washington, Grambling State Univeversity/Roots Afrika
Kandace Walker, Sojourner Enterprise
Confidence Okeke, UNIAACL-EACL
John Ratcliff, Attorney at Law (retired)
Melvin Robinson, Original Flavor ~ Omega Psi Phi Fraternity, Inc. (Eta Nu Nu & Iota Psi Chapters) ~ Artists4AfricA ~ New Harvest Urban Arts Center ~ All Revolutionary Qulture Liberation Lab
Ikemba Agulu, Malcolm X Grassroots Movement
Kwasi Akwamu, Obadele Society
Donald Mitchell, Osa Meji Temple
Elsie Gayle, Mothers and Midwives Together across the Diaspora
MARIE-LYNE CHAMPIGNEUL, Kartyé Lib Mémoire & Patrimoine Océan Indien
Joe Washington, The Nia Foundation
MaryJo Copeland, Racial Reconciliation Group
King Robinson TANYI TAMBE AYUK, AIGC- African Indigenous Governance Council
Davidson Madira, Digital Green Investment Agency (DIGIA)
Olusola Oni, Omo Yoruba Tooto
Sunny Lambe, Building Blocks Initiative
Enpress Judah, Black Community Health Group, UK
Ann-Marie Cousins, Greenwich African Caribbean Organisation (GACO)
Niamo Muid, The HealMobile
Alex Richards, Collectivité d'Outre Mer de Saint-Martin
Dorbrene O'Marde, Antigua and Barbuda Reparations Support Commission
Kevin Edwards, African Diaspora Development Institute (ADDI), Antigua
Edison Marqués Cortez, Asociación de la Unidad Afroamericana (AUAA), Ecuador
Marion Thandabantu Iverson, Independent Labor & Human Rights Educator
Tongo Eisen-Martin, Black Alliance for Peace
Teniqua Pope, Black Alliance for Peace
Michelle McCormick, Cooperation Vermont
GARNET KING, BLACK RIDERS LIBERATION PARTY
CF WHITE, Educational Training Consultants
Melanie Bush, May First Movement Technology +++
Evelyn Johnson, United Black American Progress Association
Betty Davis, New Abolitionist Movement
Krishna Daly, Black alliance for peace
Aleta Toure, Parable of the Sower Intentional Community Cooperative
Ashaki Binta, NBLM National Unity Initiative
Netfa Freeman, Pan-African Community Action (PACA)
Angaza Sababu Laughinghouse, NC Public Service Workers Union-UE LOCAL 150 and Black Workers For Justice
Kimberly Monroe, Pan-African Community Action
Pamela Dominguez, Reborn From Authentic Roots
Tyari Heard, BAP
Zizwe Tchiguka, All African People's Revolutionary Party
Matt Meyer, International Peace Research Association
Gabriel Dzodom, Black Alliance for Peace
Gus Griffin, Ujima People's Progress Party
Claire M. Cohen, Pittsburgh Black Workers Center
Cleo Silvers, Radical Elders
Jermaine St. Rose, Ethiopia Africa Black International Congress Church of Salvation - Barbados/Ethiopia
Larsene Taylor, BWFJ
Aisha Mohammad, Oakland Jericho
Joya Brandon, Osha N’ile
Maryse Isimat-Mirin, Ass. Bien-être et Éducation
G. Eveta Morrison, The Ethiopian World Federation, Incorporated
Victoria Jenkins, NABWS
Vanessa Sparks, United African Coalition for Human Rights
Anjel Clark, IDIA
Allendy Decopin, The Black Alliance for Peace
Christopher Buchanan El, Parliament Organics - non-profit
Rasheed Van Putten, Pan-African Community Action
Harold Welton, Coalition To Free Ruchell Magee.org
Ellen Rollins, NAJLCA.org
Charles Hill, Soarase Inc.
RALPH POYNTER, LYNNE STEWART ORG. & NEW ABOLITIONIST MOVEMENT
Kade Griffiths, Spectre Journal
Tejvir Grewall, KPFK 90.7FM
Curtis Murphy, Fihankra Ghana
Judah Bouguila, The Observatory to defend the right to difference Tunisia
Sanyika Bryant, Malcolm X Grassroots Movement
Gwendolyn Hallsmith, Global Community Initiatives
Evan Wright, Black Alliance for Peace
Kazembe Balagun, Independent Scholar Activist
Sean Fabien, Cooperation Jackson
Elaf Alnayer, Pan African Forum-Sudan Sudan
Avani Pisapati, Lehigh University
Molefi Askari, Ubuntu Institute for Community Development
Priscilla Ferreira, Collective Diaspora-Brazil
Eleanor Finley, University of Massachusetts, Amherst
Michael Guynn, THE GUYNN FAMILY FOUNDATION
Kevin Collins, Roots in Guinea Bissau
Afia Khalia Kodua, Black August of L.A.
Egbert Higinio, The Garifuna Nation
Jeanne Ayivorh, RRG
Egbert R Higinio, President The Garifuna Nation
Robin Benton, ICSWG PFPAD
Liz Millman, Learning Links International UK
Garrick Prayogg, Cultural Diversity Network UK
Khalifa Losene Dunor, United African Organization For Literacy Development UAOLD Liberia
Asundep Ntui, AFRICAN DIASPORA DEVELOPMENT INSTITUTE
and many more!
Add your name and organisation to the list that will be regularly updated until March 31!