DP World reiterates Validity of Doraleh Container Terminal Concession and Exclusivity Rights (12.07.2018)

Global trade enabler warns against violation or face legal action.

DUBAI, United Arab Emirates, July 12, 2018 –  DP World (web.DPWorld.com), reiterated today that its concession agreement for the Doraleh Container Terminal (DTC) remains in force, warning that the government’s illegal seizure of the facility doesn’t give the right to any third party to violate the terms of the concession agreement.

DP World statement came in the wake of news reports on the opening of the first phase of the Chinese-built International Free Trade Zone, in violation of DP World’s exclusive management rights.

A DP World Spokesperson said:“This is yet another clear example by the Djiboutian Government of violating its contractual obligations and the rights of foreign investors.”

The spokesperson warns that DP World reserves the right to take all available legal actions, including claims for damages against any third parties that interfere or otherwise violate its contractual rights.

On 22 February 2018, the Government of Djibouti unlawfully seized control of the Terminal, forced DP World employees to leave the country and purported to terminate the Concession Agreement. DP World has commenced an arbitration against the Government of Djibouti before the London Court of International Arbitration and is awaiting the outcome of this process

A spiteful chant: Where did humanity go?

Where did humanity go in our time? When did we cease to care about other people’s struggle and their causes? When did that cease to matter? Because in our time, the rich and wealthy are securing more and more resources, while the poor is having no ways to get out of it. The states are closing their borders, stricter rules for refugees and asylum-seekers. While in dictatorships, the harassments and the internally displaced numbers are rising. The rich countries are investing in warfare, but not taking charge for the fleeing refugees from the crisis. They are trying to pay the states in regions and close the borders in migration routes. There is no heart, just cash-money. The heart has left, and the ignorance is rising.

The deaths of civil wars, the displacements of draconian laws and of dictators doesn’t matter. The lack of dialogue and of political freedoms, that doesn’t matter either. The lack of compassion and of political will change is also okay. As long as the troubles from afar doesn’t touch us. However, we will seal of the borders and make sure the innocent victims of internal disputes and skirmishes hopefully can cross the border to the closest country and not seek refugees in Europe or in the United States. Because, we cannot mange to show some humanity and heart.

The blood in your veins should boil, but for most. We don’t give a damn, they don’t give a fig. If their villages are burned to the ground by the military. If the Police is detaining people without any justification. If the state is securing the demise and death on fake imports. All of that doesn’t matter, as long as it doesn’t happen where we are.

This is the despicable. This is the reality. Our time, our reality, what our representatives put forward and make sure to build big invisible walls and mechanisms to close borders. To make it less achievable and costly to cross. Even more dangerous, as the perils of death and destruction at home isn’t better. But to leave can also cost your life, either by crook or by the book. Secondly, there will be nobody to even care to look.

This should be disgusting. Knowing that people are dying fleeing civil-wars and dictatorship, than when they are entering our safe havens; there is no one caring for their ills and troubles. They will just shrug it off like dirt on their shoulders and move on. There is lack of solidarity and heart. I hope in my time, that the Republic’s and Nation’s that close their borders never start warfare with themselves. As the ones who saw what we did. Might also give us no helping hand. They might say, we saw what your parents did to us. Why should we save the kids to such despicable people? Why do you deserve safe haven, when you couldn’t help our kind in need?

That is what I worry about, because we never know when the tide change, when society start to deteriorate or self-destruct. That is within us and we never know. We could be next, right now it is our brothers from afar, next time it could our closest neighbor or even ourselves. Than, they will remember our cold hearts and lack of compassion in the times of need. Peace.

The Commonwealth is made for the UK’s own Interests: One proof, Johnson’s well-wished for Trade Declaration!

The basic confrontation which seemed to be colonialism versus anti-colonialism, indeed capitalism versus socialism, is already losing its importance. What matters today, the issue which blocks the horizon, is the need for a redistribution of wealth. Humanity will have to address this question, no matter how devastating the consequences may be.”Frantz Fanon

The true value and who runs it is proven when the former head of the Commonwealth for decades has been Queen Elisabeth II, which of yesterday put the mantle of leadership to her son Prince Charles of Wales. The Statement from ‘ Commonwealth Heads of Government Meeting 2018 – Leaders’ Statement’ said: “We recognise the role of The Queen in championing the Commonwealth and its peoples. The next Head of the Commonwealth shall​ be His Royal Highness Prince Charles, The Prince of Wales” (Commonwealth, 20.04.2018).

We can also know the perspective the Great Britain has for the organization, as Boris Johnson wrote so clearly in March 2018: “The good news is that when we leave the EU, we will regain the power to sign free trade agreements with our Commonwealth friends, allowing the UK to make the most of thriving markets. Brexit will give us the ability to open a new era of friendship with countries across the world. A key theme of the London summit will be how to boost trade within the Commonwealth. We’ll also discuss how to improve security co-operation and take joint action to protect the world’s oceans, bearing in mind that the Commonwealth includes island states in the Pacific, the Indian Ocean and the Caribbean” (Boris Johnson – ‘Commonwealth has key role to play in the bright future for Britain: article by Boris Johnson’ 12.03.2018, Foreign & Commonwealth Office (FCO)).

It shows that the United Kingdom own problems and issues is key for the Summit. The others are more a circus that the old empire can play into it. That happen and the Commonwealth Declaration on the 20th April 2018 named ‘Declaration on the Commonwealth Connectivity Agenda for Trade and Investment’ part of it says: “We, the Heads of Government representing member countries of the Commonwealth and one third of the world’s population recognise international trade and investment

as an engine for generating inclusive and participative economic growth and a means to deliver the 2030 Agenda for Sustainable Development” (…) “In particular, we recognise the importance of the multilateral trading system in ensuring the integration of small, vulnerable and least developed countries and countries in sub-Saharan Africa, the Caribbean and the Pacific into the world economy, and welcome initiatives which will support greater and more effective participation of these countries in international trade” (…) “To promote the realisation of these goals, we hereby launch the Commonwealth Connectivity Agenda for Trade and Investment. This Agenda will be guided by the principles that: co-operation should be pragmatic and practical, leading to credible results; take into account regional integration initiatives; take into account the needs of small and vulnerable economies and least developed countries; avoid duplication with initiatives where other organisations are already working; add value in areas of engagement; and adopt a progressive approach towards a long term vision for closer trade and investment ties. It should also recognise the vital role of the private sector in delivering the 2030 Agenda and facilitating the promotion of the blue and green economy” (Commonwealth – ‘Declaration on the Commonwealth Connectivity Agenda for Trade and Investment’ 20.04.2018).

We can see that Boris Johnson’s goals for the Commonwealth Head of Government Meeting (CHOGM) appeared on the last day, yesterday, as this declaration is to anticipate the Commonwealth secretariat and the Foreign and Commonwealth Office (FCO) will work on this now. To make sure the former Colonies are more connected. Not only to themselves through trade, but also to the United Kingdom. This is to give the United Kingdom bigger trade and partners through the use of the former colonies. To look at it differently, is to be naive. The other agreements is to make the public perception positive, but this here was to grease the wheels of United Kingdom, who are soon losing the trade-agreements through the membership of European Union, because of their silly decision to leave the Union.

We can see that the Commonwealth all benefits the United Kingdom and the others just has a place multi-nationally to be represented, though a loose organization, that isn’t to formal. But is a place to make them look better and get exposure through the perspective of their former colonial master. That is why they still has the inter-connected ministry FCO. It is a reason why even Zimbabwean Non-Governmental Organization was petitions the Department for International Development (DFID), so the former colony could have funds to hold Presidential Candidate National Television Debate before the General Election later in the year.

Well, that was a sidetrack, but very fitting. Because, the Commonwealth, still seems like a UK based organization, where it is all because of the mercy of the UK. The Commonwealth communiques, declarations and the meetings is because of UK leaders. Not because of the Kenyan President wanted it or the Indian one wanted some. We know there are someone even questioning it, the Bangladesh PM has been stating this today:

LONDON, April 21, 2018 (BSS)- Seeking inclusion of representative from Asia in the High Level Group to review the Commonwealth Secretariat’s Governance, Prime Minister Sheikh Hasina yesterday suggested making the Group more representative with inclusion of member states of different regions. “We value the knowledge and expertise of the Secretariat for furthering work of the Commonwealth. However, we believe that views of the member states through appropriate representation, is equally important,” she said” (Bangladesh Sangbad Sangstha – ‘PM suggests making CW high-level group more representative’ 21.04.2018).

This is what I started it, and it is made like this because the Commonwealth are made for the needs of United Kingdom, then the second interests. That is why the head of the Commonwealth has to be the Royalty of the UK. Now it is the Prince of Wales, which was nudged in by the Queen. The same happen to Prince Harry, who was appointed by the Queen to become the Commonwealth Youth Ambassador. We can see that the Commonwealth is a UK enterprise. The view can be seen that way, the way the Royal family has key roles and that the FCO is involved. Therefore, the meetings and statements coming from Boris Johnson with everyone he could. Making photo-ups with anyone he could during the CHOGM.

We will clearly see the Commonwealth Secretariat work on the Declaration, especially now that the UK is gearing up for the Brexit and leaving the Union. They need new secure trading partners and what better, than using the informal body of Commonwealth to get trade with. That is what even Johnson has been writing and proves his ideas. That is why he has been so diplomatic and kind with words. Because some of the nations and state leaders he has meet these days, he has written in the past ill-words of their republics and their kind. Therefore, we know he has sudden swift change of interests. That interests being the benefit of London and not of the former colonies.

The Commonwealth seems more like a savior and needed trade-partners right now, because of the problems coming with the loss of the EU membership. FCO and Commonwealth member-states with this declaration are opening for negotiations. Something that Johnson has been hoping for all along. Since he wanted that and hoped that CHOGM would deliver. However, it did that in some respect with the Declaration.

Seemingly again the Commonwealth is made for the benefit of the UK and their needed gains. If it was otherwise, than the Bangladesh PM wouldn’t asked for what she did after the CHOGM. That proves the problems within the Commonwealth Secretariat and with the Declaration itself. Since in that one in question isn’t mentioned even directly in the declaration.

Hope I am wrong, but as long the British Royalty is running it and is the heads of it. Their interests will be in line of London, not being for all the members of the Commonwealth. To think otherwise to be naive. Peace.

Public Notice to those Considering Building, Managing, or Operating a Port in Djibouti of the Validity of the Concession Agreement for the Doraleh Container Terminal in Djibouti (09.04.2018)

On 22 February 2018, the Government of Djibouti unlawfully seized control of the Terminal, forced DP World employees to leave the country and purported to terminate the Concession Agreement.

DUBAI, United Arab Emirates, April 9, 2018 – DP World Ltd. (web.DPWorld.com) hereby gives notice that the Concession Agreement to operate the Doraleh Container Terminal in Djibouti, which was awarded by the Government of Djibouti to Doraleh Container Terminal S.A., or DCT, a joint venture controlled by DP World, remains in full force and effect.  That Agreement conferred on DCT the right to operate the port, which it designed and built, and in turn DP World was mandated to manage the port. The Agreement also gave DCT and DP World exclusive rights to build and operate any other container ports and free zones in Djibouti.

The Concession Agreement was recently upheld as a valid and binding contract under English law by a distinguished tribunal of arbitrators (one a former member of the United Kingdom Supreme Court, another a member of the English Court of Appeal, and the third a leading Queens Counsel and independent arbitrator) under the auspices of the London Court of International Arbitration or LCIA, which rejected the Government of Djibouti’s attempt to rescind the Concession Agreement based on false allegations of corruption.  In a related proceeding an English High Court Justice agreed that the Concession Agreement had been a great financial success for Djibouti.

Nevertheless, on 22 February 2018, the Government of Djibouti unlawfully seized control of the Terminal, forced DP World employees to leave the country and purported to terminate the Concession Agreement.  The claimed termination is invalid under English law, and thus the Agreement remains in full force and effect.

DP World and DCT have commenced a new LCIA arbitration against the Government of Djibouti due to this unlawful seizure and purported termination.

There have been reports that the Government of Djibouti is contracting with other companies to build and operate other port facilities in Djibouti in violation of DP World and DCT’s exclusivity rights.

TAKE NOTICE THAT DP World and DCT are the lawful holders of rights in respect of the ownership and operation of the container shipping terminal at Doraleh, Djibouti, and will pursue all available legal recourse, including claims for damages, against any other entities that tortiously interfere or otherwise violate their rights with respect to the Concession Agreement.

Djibouti: Government adress the reasons for the DP World termination to the US (09.03.2018)

ECOWAS: Portant Adoption des Sanctions Personelles visant a Favoriser la Restauration de la Gouvernance Democratique et le Respect de l’Etat de droit en Republique de Guinee Bissau (04.02.2018)

Joint Statement of the African Union and the United Nations on Guinea-Bissau (03.02.2018)

African Union Open-Ended Committee of Ministers of Foreign Affairs on the International Criminal Court Convened its 6th Meeting on the Sidelines of the 32nd Ordinary Session of the Executive Council of the African Union (27.01.2018)

Opinion: We never learn, the conflicts doesn’t stop!

This year has been bloody and the doomsday switch is itching. The trigger fingers are used on dozens of battlefields. Some places with hope of peace and of just rule. It is other places, which is in dire need of change and quickly. The are continuation of wars and conflicts. Internally and across borders. There are possible new problems and making it more hectic. As so many nations have porous borders where militias and armies are floating in between. Since also even with supposed arms blockade to certain conflict zones, the merchants of death is delivering their loads.

The battles continues, the ramifications of innocent lives, villages burnt and kids disappearing. The utter violence and crimes against humanity. That get touched and burned for war-lords, generals and Presidents to stay in power. While AID and NGOs are afraid of sending help and often also stopped. The United Nations might have troops in the nearby area, but easier to get a towing vehicle, than armed supported of a IDP Camp. The insurgency and the escalations, the results is death.

It happens, as the world is looking at Premier League, NBA and Formula One. It is happening while Miss Universe is lost on a God-Forsaken Island. We never know why these innocent lives had to die. We just read the numbers in small notices in the papers and moves on.

That is not justice, that is not right. We didn’t learn anything. Nothing. It continues daily in South Sudan, Somalia, Democratic Republic of Congo, Sudan, Yemen, Burma, Burundi, Mali, Niger, Cameroon, Nigeria and the list goes on. To many nations have internal conflicts or conflicts across their borders. Where merchants are securing the deaths of the innocent.

It happen all through the year. It didn’t stop. It continues and we just watch. We let it happen right under our nose for all sort of different reasons. This isn’t the big-man complex within me, this is the man who questions the world order and wonder when will it stop. We should not accept these deaths. It could be me and next time you. Who knows when conflicts will strike our shores and our clan. We never know, the future is not written yet, but we can make sure that doesn’t happen to them. That we shield and stop the aggressors. The endless violence and death. The destruction of society, of families and of basic functions.

Where the men and soldiers with the guns are respected and the law, where the respect and protocol is bypassed. Where the institutions and the general code of law is undermined at any moment. Where the bullet has the final say, where the use of weapons and ammunition; is the final outcome to any trade. The justice is what the guns say and the ones that uses them. The ones that is supplying it, is making sure the vote get heard and the War-Lord get signed off.

The determination and the lack of will, the mismanagement and the international community lack of acknowledge the reality. The blood-thirst and the power-hungry individuals who rule and who uses this to silence the public. Send them packing and fleeing. Take their lands and the resources. Secure their future, while the majority is in utter disgrace in foreign lands. They fear and wonder when peace will be in their village and around their home. If it is safe and if the government will promise their safety.

This is what we should be afraid of, that people are afraid of their homes and their lands. That they are afraid of returning, because they know that they might lose their lives and also their children. This is the evidence of the crime that is committed. What is taken from these people. We learned nothing in 2017, as the conflicts are continuing and no peace in sight. No justice and no respect for human dignity, as more innocent lives are taken away everyday before their time. Peace.

Opinion: Mzee don’t want to bother foreign investors with taxes, just give him a Presidential Handshakes!

Well, I am biased, as the President are visiting Dubai for 4th Global Business Forum on Africa on the 2nd November 2017. President Yoweri Kaguta Museveni is trying to cater to foreign investors. People who he usually cater to at the State House, so he can get favors and Presidential Handshakes. That is why he isn’t bothered with taxes, because the tax-holidays and possible offerings will be huge for the investors who comes in. That is what the National Resistance Movement (NRM) are doing, especially if it is for instance a nations offering the state loan, than the same state can come with state-companies to build infrastructure like Chinese companies coming in after offering loans to the same NRM government. Therefore, just look at what he was saying yesterday, which is weird, but fit a pattern.

Since you are business people, we must be talking about profits. When you talk of Uganda and Africa, you are talking about peace as an enabling environment; which we have. We have raw materials, and have a population of 40 million people that’s’ a market. And if we talk of integration we have a four tear market” (…) “In Africa, the demand is there and growing because we have been under-consuming while the rest of the world the demand is falling because they have been over consuming” (…) “There are plenty of raw materials, minerals, tourism and so on so when you invest there you have access to all these” (…) “I don’t have to bother investors with taxes, what I want is for them to invest, use our raw materials, create jobs, add value and promote exports” (State House Uganda, 2017).

Well, so the President trying to say to foreign investors, you don’t need to pay taxes for your output, just cater to me. The state you don’t have to bother about, just bother about catering to the State House and me. We will add value and promote exports, we will agreements and make sure you get the value on our resources and low-payed workers.

We know who is the biggest taxpayers in the republic, because of Uganda Revenue Authority own statement in the media on the 31st October 2017, which stated names like Mr. Alnasir Virani Gulam Hussein Habib, Dr. Sudhir Ruparelia, Mohammed Hussain, Nakayima Janat, Karia Minex, Karia Kunnal, Alykhan Hudani and Dayalijil Karan. Who are sounding like foreign investors and they are on the top 25 biggest taxpayers in Uganda. So the state has already connected families from abroad to invest there in various businesses. This shows there are already people who is not worried about taxes, but about the output of their companies.

Some of these investors has made big names, while others have worked more in silence. Still, this shows that the top earners even promoted by URA and Doris Akol. Proves how they are working, as there wasn’t that many own citizens on the list. That shows that the foreign investors must get a special advantage and special agreements at the state house for their dealings. Especially, considering how it has been done, just for tearing down markets in Kampala for own investors and financial agreements. This has been done and arranged from the State House without consultation with locals, neither KCCA or the renters of these markets. That is how the NRM and Museveni do deals in favor of him and if he get ill-gained funds, he will support the “development”. It is in similar fashion he exposes his intent in Dubai.

That the State doesn’t need taxes or need structures to facilitate for foreign investors, they just needs agreements with State House and then it is all fair-game. It is insane, but fits the Modus Operandi of the Musevenism and NRM regime. Give him a Presidential Handshake and you can operate as you want in the Republic. Peace.

Reference:

State House Uganda – ‘President Museveni woos Arab investors to Uganda “We have the raw materials, human resource and market”’ (02.11.2017) link: https://www.africa-newsroom.com/press/president-museveni-woos-arab-investors-to-uganda-we-have-the-raw-materials-human-resource-and-market?lang=en