NASA Statement: “Uhuru Wrong on Seat Numbers and his Fraudulent Win” (24.08.2017)

Brexit: Another future exit report with wishful thinking considering the role of CJEU post-Brexit!

The Tories-DUP Government released today yet another report, this report was on enforcement and disputes arising between the Her Majesties Government (HM Government) and the European Union (EU). As of when the United Kingdom abandon it’s membership status to become a non-member of the EU. The Brexit Minister David Davis clearly has lack of vision or trying to take the easy way out. Since the UK government has delivered nothing else, than wishful, we want it as today. So when I went into reading this, it was as expected. It is like the Tories doesn’t care about it or wanting to define what they want as they are going out of the EU. Here some of favorite quotes from today’s report.

As we exit the EU, the UK wants to agree an orderly withdrawal and establish a new, deep and special partnership with the EU. The UK has also made clear that in order to avoid any cliff-edge as we move from our current relationship to our future partnership, people and businesses in both the UK and the EU would benefit from an interim period, where this is necessary for the smooth and orderly implementation of new arrangements” (…) “The success of the future partnership will depend on mutual respect. We will be starting from a strong position: our shared commitment to upholding the rule of law and to meeting our international obligations, and our intention to comply with the agreements reached between us, are not in doubt” (HM Government, P: 3, 2017).

In agreements between the EU and third countries, where cooperation is facilitated through replicating language which is identical in substance to EU law, these agreements can specify that account is to be taken of CJEU decisions when interpreting those concepts. This is relevant where both parties agree that divergence in interpretation would be undesirable, for example, for operational reasons such as continued close cooperation with EU agencies” (…) “The value of such arrangements lie where there is a shared interest in reducing or eliminating divergence in how specific aspects of an agreement with the EU are implemented in the EU and the third country respectively. The extent to which this approach may be valuable depends on the extent to which there is agreement that divergence should be avoided in specific areas” (HM Government, P: 9, 2017).

In international agreements, final remedies are principally retaliatory in nature and implemented unilaterally by the parties. This includes the ability to take safeguard measures to mitigate any negative effects from the other party’s noncompliance as well as the option to suspend all or part of the agreement (or several linked agreements), or, ultimately, withdraw from the agreement (or several linked agreements). The ability of the European Commission and the CJEU within the EU legal system to impose sanctions, such as fines for non-compliance with EU rules, is exceptional” (…) “The agreements governing the UK’s withdrawal from, and future partnership with, the EU will cover a broad range of areas of cooperation. Those agreements should set out clear means by which the terms of the agreements should be implemented and enforced within the UK and the EU. They should also establish a mechanism for the resolution of disputes concerning those agreements” (HM Government, P: 11-12, 2017).

The Court of Justice of the European Union (CJEU) and the United Kingdom, this relationship will get into another position after the withdrawal from the EU. Since the legal disputes will be different between UK and EU, as the membership are now ceased. The UK might have some legal framework between them and the EU.

That EU and UK wants a mutual respect, they both want that. This paper actually states: In agreements between the EU and third countries, where cooperation is facilitated through replicating language which is identical in substance to EU law, these agreements can specify that account is to be taken of CJEU decisions when interpreting those concepts. This is relevant where both parties agree that divergence in interpretation would be undesirable, for example, for operational reasons such as continued close cooperation with EU agencies” (HM Government, 2017).

This specific passage says in essence, that the UK wants to be facilitated and replicating the legal language of the EU, so they can cooperate with EU law, even after leaving. So that it will in general stay much as the same. The concepts and the parties will agree, so they also will function directly with the EU agencies. So the UK want an agreement that fits directly to EU law. This is countering the independence and the mindset of a “hard” Brexit, more like smoothing their system to the EU. The Remains must be jolly, that yet another paper, the HM Government are working for more of the same. Not really changing the status, but wishing for a similar system of today. That means dispute and laws would work in sync with agencies and the CJEU. Which is impressive!

Clearly, the UK want a special mechanism to be sufficient between them, as their new cooperative spirit starts after the withdrawal, but the EU will have a new agreement and a new non Member State who wants to trade, follow procedure and the jurisdiction. This means the UK and the EU needs a new function to fix disputes and legal remedies between the non-members and the EU. The UK are afraid of the EU possible sanctions, as the powers of CJEU are powerful towards to third countries, which means the UK could be sanctioned in a way that haven’t in the past. That is why the UK want to consider a legal language in sync with the EU, so they will follow the EU, even when they are outside the EU. That means a pretty soft, compared to what the Brexit wanted to be. Peace.

Reference:

HM Government – ‘Enforcement and dispute resolution – A FUTURE PARTNERSHIP PAPER’ (23.08.2017)

Kenya: NASA Statement on Form 34s (23.08.2017)

NASA Statement – “Launch of Campaign for Electoral Justice in Kenya” (22.08.2017)

Supreme Court of Kenya – “Practice Directions – Presidential Elections Petition 1 of 2017: Raila Amolo Odinga & Another V Independent Electoral Commissions & Others” (21.08.2017)

Kenya: NASA Statement – “Jubilee Now Blackmailing NASA Candidates” (21.08.2017)

Brexit: Tories position papers released today on ‘Confidentiality papers’ and ‘Availability of Goods’: Dreams of having the same of today!

It is inspiring to read the documents from the HM Government/Tories-DUP Government on the Withdrawal from the European Union (EU), the Conservative Party and their cabinet should have had a long time working on the prospects of the leaving the Union. The Tories government clearly have had the time to work on it. Still, by this time and with the proper work on it, they have not delivered a clear policy or protocol for important questions. It is sad to see political framework and policies being built on dreams, they will most likely turn into nightmares. Since, the UK will not be in the place and within the same reach of Brussels as before. Even if most of their ideals in their papers. Are put in ways, where they want the future to be like yesterday.

How the day went on yesterday, how the paperwork between the states will change, as the membership are cut-off. Yesterday, movement of goods went within the legislation and procedures put by duplicated acts of the Members States, something UK has done in their time of membership. It has to be different, and it will be, unless the EU will treat UK as different third-party state. Most likely not, but you cannot fail the Tories for having dreams.

Secretary of State for Exiting the European Union David Davis said:

These papers will help give businesses and consumers certainty and confidence in the UK’s status as an economic powerhouse after we have left the EU” (UK Gov, 2017).

Confidentiality:

At present, members of the institutions of the Union, the members of committees, and the officials and other servants of the Union are obliged not to disclose certain information obtained in the course of their duties. This obligation is presently set out in Article 339 Treaty on the Functioning of the European Union and Article 37 of Protocol 4 to the Treaties” (…) “The UK considers that individuals (of any nationality) who are bound by Article 339, prior to the UK’s withdrawal, should continue, after the UK’s withdrawal, to respect their obligations in respect of information obtained through this work, and that information pertaining to UK individuals and interests should continue to be afforded the same protection” (…) “Classified information exchanged in the interests of the EU is currently governed by an Agreement of 4 May 2011, between the Member States of the European Union meeting within the Council. The UK considers that there is a mutual interest in ensuring that information covered by this agreement, and in the possession of the relevant party prior to the UK’s withdrawal from the EU, continues to enjoy an equivalent level of protection after exit” (HM Government, P 1-2 – Confidentiality, 2017).

That the Tories government continues and want to continue like it is, even if the state of affairs changes when their membership to Union ceases. This should be easy to understand, but the UK Government thinks the procedures will follow the same level and with same cooperation, even if they are a third-party state outside the European Union. It is impressive that this is the issue again, on yet another paper doddle down by Minister and his peers. Now let

On availability of goods for the EU and the UK:

It will also be important that business and consumers are confident that goods placed on the market and in use across the UK and the EU comply with relevant product legislation. Moreover, market surveillance and enforcement authorities should have access to information about unsafe products, such as medicines and food, and mechanisms to take action with respect to non-compliant goods” (…) “The UK believes that the views of business and consumers must be at the heart of this discussion. The UK will continue to engage with businesses and consumer organisations to understand more about their concerns, and notes that there are issues in relation to services as well as in relation to goods. The UK is keen to use the current discussions to ensure that all the relevant issues are resolved – whether in the separation discussions related to goods or elsewhere – in a way that is consistent with the UK’s ambition for our future relationship” (…) “First, to ensure the continued availability of products on EU and UK markets at the date of withdrawal, goods placed on the Single Market before exit should continue to circulate freely in the UK and the EU, without additional requirements or restrictions” (…) “The Withdrawal Agreement should recognise the validity of this compliance activity where it has taken place prior to exit. This should be recognised for both the UK and EU markets regardless of where the activity took place, and it should be recognised for the full time period or type of products intended when the compliance activity was undertaken. Any further compliance activity required after withdrawal as a result of the prior compliance activity should be conducted as originally intended. This would avoid business and authorities in both the EU and the UK needing to undertake significant duplicative compliance activity after exit, for example to re-inspect approved manufacturing plants or collect and submit data again” (…) “The UK wants to ensure that any approvals, registrations, certificates and authorisations issued by a third party (whether a private entity or a public agency) prior to exit should continue to be recognised as valid by both markets after the UK’s withdrawal. These assessments will have been conducted and the data will have been provided in accordance with legislative requirements by a body recognised as competent. Therefore, it would avoid disruption and provide legal certainty if the results of these activities were recognised in both markets. These approvals should be valid for the intended time period or product life-cycle as when they were granted to avoid the need for retesting of products” (…) “Once a product is placed on the UK and the EU markets, it is essential that both parties can trace products through the supply chain and market surveillance authorities can ensure action is taken with respect to non-compliant goods” (…) “These key principles are aimed at providing legal certainty, while avoiding disruption to business and consumers in regard to the availability of goods. They represent a starting point for enabling a smooth and orderly withdrawal, and moving to a deep and special future partnership, which enables our close trading relationship to continue to flourish” (HM Government, P: 2-3, 6-7 – Availability, 2017).

That the UK and Tories government wants the non-compliant goods to work as it does today. The Tories specifically wants a discussion resolved to fit the businesses as of today. Even if so, it will be hard to have it that way, because the UK believes the EU wants to keep the same ways transactions between EU producers and UK producers of goods. That the UK wants it to be like today and also have the same sort of system for goods. However, the EU will always have different systems for third-party states.

That both parties has to surveillance of goods and make sure services are followed between the states. Which is naturally, as the states has to able to follow the supply chain of the goods. It is inevitable and the EU will already have legislation that marks and control the market. So that products are safe and safeguard consumers.

That the Tories wish a smooth and easy access seems again, the Tories wants it simple and as of today, with both confidential documents and goods on the market. The Tories want to be part of the Common-Trading Market. They want to have the Schengen laws for goods, but distance themselves from the open-boarders when coming to people.

It is weird that the Tories think their produce, their products and the services can move like today to the European Union. That the Tories wish so is wishful thinking. It is easy for them to try to get this, but as a non-Member State they will have obstacles when concerning the status of United Kingdom.

Therefore, the whole papers released today from the Tories are more of wanting what they already have in their arrangements with the European Union. The EU will most likely not make it this easy, they have dozens of Member States and also procedure to think off. They cannot trade-off easily because of previous engagements. Than, the value of the EU Membership will be worthless. Since the UK outside get the same benefits as member-states within. Peace.

Reference:

HM Government – ‘Confidentiality and access to documents – Position Paper’ (21.08.2017)

HM Government – ‘Continuity in the availability of goods for the EU and the UK’ (21.08.2017)

UK Gov – ‘Position papers published ahead of third round of negotiations’ (21.08.2017) link: https://www.gov.uk/government/news/position-papers-published-ahead-of-round-three-negotiations

Another IEBC killing: This time the murder of IEBC Deputy RO Caroline Odinga of Siaya County!

Caroline Odinga, an Independent Electoral and Boundaries Commission (IEBC) Deputy Reporting Officer (RO) was found dead yesterday. Another strike of murder in the midst of the election quarrels that are in Kenya. This is not a sound regime, when yet another life is taken. In midst of hours after Election petition of National Super Alliance (NASA) to the Supreme Court, and the questioning of the legitimacy of the election. Since this question the incumbent and current President Uhuru Kenyatta.

There has already been people dead who were important in the days ahead of 8th August, as now the votes and counting are in question. This doesn’t help the Jubilee, as another murder and another questionable life ends. She was found in Sega town in Siaya County. This is a serious story, as it is another life taken to early, because of the general election in 2017. She was the Deputy Returning Officer for the County, so this an RO that has been killed. There been reports that she was mutilated and left in the bush.

The reckless violence, the killings are clear sign of the electoral malpractices, since the state has to cover-up their mismanagement and doing so by taking away witnesses. It is insane, but seems most likely. Caroline Odinga, is yet another victim and another family who has lost their loved one.

We can wonder why she was murdered, did she not want to sign of on fake 34(a) or 34(b), that is fitting with the IEBC bots of the Presidential Election? Was she not complicit to the forged results of the polling stations in her county? Is that the reason, what else it is? Since she would be there when the counting was happening and would verify the results. That is the only thing making sense at this point.

We cannot really know why or who did the killings, if the National Police Service will solve it. Since the connections to killings might be up high. This being said, since the IEBC killings are continuing and escalating. This should be evidence of the fraud that has to be covered up. The innocents are dying and the ones working for justice gets taken away, while the thieves and killers are lingering. This isn’t a healthy sign, but another sudden death without answers. The reasons might be plenty, but connections to forged forms and questionable electoral practices seems likely. That is worrying, that yet another life is taken away, so the Jubilee can continue their looting. Peace.

NASA: Statement on the filing of a Petition by Rt. Hon Raila O. Odinga and H.E. Stephen Kalonzo Musyoka at the Supreme Court, Nairobi (18.08.2017)

Brexit: Tories Government – “Future Costums Arrangements” paper are made of “dreams” and not reality!

On 15th August 2017, the United Kingdom or the Her Majesties Government laid out there paper on the Costums Union with the European Union. You would imagine that this one would be a paper drawing the lines in the sand and putting things in order. They are apparently not so, not surprising that people have called the Brexit Minister David Davis lazy, the reasons for doing. Is by looking at the paperwork and the white papers who are initially spelling out the policies for the break-up. These are supposed standards of acts and of understanding from one part to the other. Therefore, the quotes and the basic framework says a lot. That is why it is intriguing how little dep’t there are in the “Future customs arrangements – A FUTURE PARTNERSHIP PAPER”, it is insane how little it says at this point.

Let’s be brief about the quotes worth mentioning from this “paper”:

“As a first step, we will seek continuity in our existing trade and investment relationships, including those covered by EU Free Trade Agreements or other EU preferential arrangements. Our exit from the EU will provide considerable additional opportunities for UK business through ambitious new trade arrangements and comprehensive trade deals that play to the strengths of the UK economy of today and the future, including in areas such as services and digital trade, as well as trade in goods. As a services-based economy, services account for around 80 per cent of UK GDP6 and the UK is the second largest exporter of services worldwide.7 Services exports accounted for £246 billion in 2016.8 The share of services in total UK exports has increased from around 27 per cent in 1990 to 45 per cent in 20169 – the largest share of any of the G7 economies.10 To capitalise fully on those opportunities, the UK will need an independent trade policy, with the freedom to set for ourselves the terms of our trade with the world” (HM Government, P: 4, 15.08.2017).

So again, the Conservative Party and the Democratic Unionist Party Government comes with statements that underline the possible positives about the break-up without considering the real implications of the act. They are playing safe and promising excellent opportunities, without underlining the doubts of trade and border issues, granted the exit. It is like the doors open and they are coming directly into Narnia and not upon a new unknown quest.

Therefore the next statements saying this: “In assessing the options for the UK’s future outside the EU Customs Union, the Government will be guided by what delivers the greatest economic advantage to the UK, and by three strategic objectives:

  • ● ensuring UK-EU trade is as frictionless as possible;
  • ● avoiding a ‘hard border’ between Ireland and Northern Ireland; and
  • ● establishing an independent international trade policy” (HM Government, P: 6, 15.08.2017).

It is like the UK Government and their negotiation team is dreaming that the EU will grant them all of their wishes and make the world a peaceful and lovable space, where anyone living wants to have a house in Nothing Hill or in Yorkshire. But, alas that is not case. That the UK-EU trade will not be frictionless, if it was so, the massive amount trade-agreements would be settled, also the businesses would start to move to European cities for security of future transactions, like to Dublin or Frankfurt. Therefore, the Tories frictionless is near impossible and will implode on them at one point!

The border question on Ireland is another subject, which will be hustled and bustled, where nothing is certain. What that it will be, is an advantage standpoint for Unionists, but not for the Irish or the European Union, which would like similar rules for all their Member States. The last one is something the UK has to work upon and find-out as the directives and the legislation for trade from Brussels will cease, but that also makes it hard to be very independent if the EU are their major trading-partner.

One potential approach the UK intends to explore further with the EU would involve the UK acting in partnership with the EU to operate a regime for imports that aligns precisely with the EU’s external customs border, for goods that will be consumed in the EU market, even if they are part of a supply chain in the UK first. The UK would need to apply the same tariffs as the EU, and provide the same treatment for rules of origin for those goods arriving in the UK and destined for the EU” (…) “By mirroring the EU’s customs approach at its external border, we could ensure that all goods entering the EU via the UK have paid the correct EU duties. This would remove the need for the UK and the EU to introduce customs processes between us, so that goods moving between the UK and the EU would be treated as they are now for customs purposes. The UK would also be able to apply its own tariffs and trade policy to UK exports and imports from other countries destined for the UK market, in line with our aspiration for an independent trade policy. We would need to explore with the EU how such an approach would fit with the other elements of our deep and special partnership” (HM Government, P: 10, 15.08.2017).

This here proves that UK Government thinks the EU will accept free-trade and movement of goods, without taking one of their pillars, the movement of people. Like the borders was made for cows, Iphone’s and automobiles, but not made for securing people trespassing from one garden to the next. The fences and guidelines of crossings, will be within concern of the status of the UK deal with the EU, as a non-EU State. Meaning, the Third Party state, has to reissue boundaries and extended efforts on trade, to justify itself concerning the ones that are Member States already. This should be obvious to the UK Government and the Tories, but their paper is disregarding this mere facts.

It is amazing how this is the sort of framework and due diligence, the government operates within. That they are not thinking in the prospects of not their dream-world, but the reality of the ones they are negotiating with. It is as if they think only on their own behalf, and not of the reactions from the Union, they are leaving. Instead of being concern with by-laws and regulations that are already on “third-nations” and “non-Member-States”, the United Kingdom government should operate like that and not as it is today. The dreams has to stop and the shattered glass has to appear. The broken screens and the trouble of scrolling has to happen. Peace.