Dangerous Lies and Threats: UPDATED

February 27, 2011

You are a human being. You have rights inherent in that reality. You have dignity and worth that exists prior to law. ~Lyn Beth Neylon

Look at history and you will find that any civil and human rights reform movement had opponents trying to stop the momentum of the movements in attempts to preserve their perceived political, economic and social interests; division within ranks; and threats or acts of violence. We have witnessed all of these elements over the last few decades as foreign contract workers and nonresidents in CNMI who have been striving to earn respect and to be accepted as equal community members.

A gruesome death threat was made against a worker leader and his family yesterday. Why? Because the caller disagreed with nonresidents fighting for their political and social rights, fighting to be lifted out of indentured servitude, fighting to be treated as humans rather than as labor units, and fighting for respect and dignity. There is a wave of anti-worker sentiment in the CNMI community that is supported by the current Administration, elected leaders and people in the community who possess power and money.

The increase of anti-worker sentiment is not surprising since the leaders of the CNMI have publicly made racist and xenophobic and inappropriate remarks about the foreign workers over the years, and in recent weeks. The CNMI Senate created a draft report that was deceptive, containing vast amounts of misinformation, and withholding vital testimonies.

When officials consistently lie and attempt to minimize the impact and significance of thousands of documented labor, human and civil rights abuses of the foreign contract workers they send a dangerous message to the community. They are untruthfully telling the voters and residents in the CNMI's privileged class in the two-tiered society that these nonresident workers and their advocates are not truthful in their claims of abuses. They are telling them that the abuses will be ignored so feel free to continue to steal wages, and otherwise abuse the nonresidents. They are telling them that in the CNMI the law is applied in one way to residents and in another to nonresidents.

These officials are also sending a frightening message to the nonresidents. They are telling the nonresidents, the disenfranchised and oppressed members of the un-privileged class in the CNMI's two-tiered society, that they deserve to be dehumanized. They are telling the nonresidents and the thousands of victims of the abuses that they are not worthy of having their cases resolved, not deserving to have their back wages paid, and not meaningful enough to see their criminal employers prosecuted for the crimes committed against them. They are telling the nonresidents that the devastation and suffering of thousands of victims and families caused by the abuses and lack of enforcement of laws is so insignificant that bold lawmakers can pretend it did not exist in an official report that they plan to submit to the U.S. Congress.

Is it really surprising that there is so much misunderstanding and hatred as evidenced in daily anti-worker comments published in the Marianas Variety and some published on this blog? Is it surprising that there has been a frightening death threat?

When elected officials such as Senator Reyes, play the victim card, they also promote misunderstanding and division. To proclaim that the Senator was "hurt" because the nonresidents did not embrace a disingenuous and deceptive draft Senate report in which the legislators tossed the token FAS-type status crumb to the nonresident workers was also a divisive tactic. To suggest that nonresidents show disrespect if they exert their rights of freedom of speech and freedom to assemble to promote social and political justice is not true.  Such ignorant notions also promotes confusion and division. To suggest that the constitutional rights of freedom of speech and freedom of assembly are in any way disrespectful also show ignorance of the U.S. Constitution, and the very principles upon which our nation was established.

Freedom of speech is a universal human right that should never be challenged as a show of disrespect. Justice William J. Brennan stated in 1982:  "The Framers of the Bill of Rights did not purport to "create" rights. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting."


It is wrong for anyone to have opposed the march conducted by nonresidents, advocates and supporters as a show of disrespect.  It is in no way respectful to uphold disenfranchisement and oppression of a large segment of any society, or to expect people to stay silent when officials blatantly lie or withhold information to the detriment of a huge segment of society. The untrue claims that marchers or protesters were "disrespectful" to the senators and "locals" for exercising their First Amendment rights promoted division, suspicion and misunderstanding in the community.

When elected officials and lawmakers are untruthful, deceptive, promote propaganda and withhold information their actions negatively impact the entire community. Political games like these poison peoples' hearts minds and spirits. Their lies empower those prone to violence to act violently; those prone not to investigate the facts, but to take the words of their "leaders" at face value to spread and support the lie; and are responsible for the growth of the misunderstandings and divisions.

If elected officials are untruthful, lack integrity, and fail to support the law, then we can expect that citizens will feel justified in following their lead. Elected officials must set an example. They need to stop the corruption, stop the lies, stop the propaganda and work for what is good for all the people who call the CNMI their home.

UPDATE

The Marianas Variety and Saipan Tribune published the story of this threat.  Reading the comments on the Marianas Variety story is very revealing and very depressing.  There were many community members who excused the person who threatened to dismember and kill another human being and his family, and then suggested that Rabby made up this story!  This shows the depth of the hatred in the CNMI community. It is really a sad commentary.

The threat was real. The call was put on speaker phone when Rabby realized it was a threat, and there is a witness who grabbed the phone and also talked to the caller. Should I publish the phone number? (I have it.) The name of the woman who the phone is registered to? (I know that too. I did a search and found who it was.) The last name of the caller? (Rabby told me what his last name was. He didn't catch his first name.) The caller called back when the police were interviewing Rabby and then hung up. Of course, they saw the phone number in the cell phone because it was not even blocked.


Here are some of the comments from CNMI community members:

"#14 Completely Amazed March 01, 2011 06:31PM Not sure what to believe here. So many haters on this site, sounds like it sure could be true. But then again…It sure does sound suspect. If it's true…Coward, grow up and stop hating. If this is fake…Grow up, your cause is important enough without fake death threats."

Wow. I am completely amazed that a person would tell a victim to "grow up." Really? He should "grow up" because a crazy person threatened to kill him and his family, and he reported it?

Here's another:

"#15 whatsayu March 01, 2011 06:40PM IT IS HIGHLY POSSIBLE THAT FOR WANT OF PUBLICITY SYED MAY HAVE COMMITTED PERJURY BY CLAIMING TO HAVE RECEIVED A DEATH THREAT. CALLS ARE TRACEABLE AND IF THE FBI GETS INVOLVED IN THIS, THEY CAN SURELY FIND OUT IF SYED DID INDEED RECEIVE A CALL AND IF HE DID NOT, THEN HE WOULD HAVE PERJURED HIMSELF BY CLAIMING PUBLICLY TO RECEIVED SUCH A CALL."

What say you? I say this: Are you serious? Of course the phone number was recorded on the cell phone and was shown to the police officer! Why would someone even suggest this?

And another:

"#9 talala March 01, 2011 06:14PM I think this guy is lying and is doing it for attention. Plus, he probably thinks that by doing so they stand a better chance in having the citizenship. At today's technology, only a fool will do that."

No wonder this person posts comments under a fake name. Who would admit to posting this? What a mean-spirited and hateful suggestion and comment. Rabby is not a fool.

Do these commenters even consider the feelings of his wife and children? Do they lack empathy? Are they so filled with hatred that they cannot even understand that there are laws that should be upheld. Regardless of whether we agree or disagree with a person's political views or opinions, we should all agree that no one should be threatened!

And another:

"#1 saipan March 01, 2011 05:37PM Looks like Syed enjoys publicity. Now he wants to use the Local Police and the Feds for protection. Syed, you should stop what you are doing for the nonresident workers and take care of your family first. Your family needs you also. OH, why don't you just tell the police and the feds the person's name, because you know who call you."

What person would enjoy a scary phone call in which the caller threatens to kill him and his family? In fact, he did tell them the person's name.

And this one:

"#16 cnmipride777 March 01, 2011 07:32PM Mr Syed has nothing to fear, if in fact he did receive such silly threats. If a person doesn't have the balls to say it to his face, then there is no credence to it.

Despite his and allies attempts to liken the CNMI to the old segregated South, there are no hate groups here. Even the short lived Taotaotano, which some might try to label as a hate group, eventually petered out, due mostly inpart to the nonsensical ramblings of its supposed leader.

You have nothing to fear Mr. Syed. You can continue on your unchecked plans of painting a dark distorted picture of the CNMI. Lord knows you and Wendy Know-It-All did a great job in deceiving the ignorant bureaucrats in DC that rampant abuses exist here. You're lucky that the people here are more affable then their native American/Hawaiian brethren to really put up a resistance."

Pride you may have, but not many facts. All of the abuses are documented. The denials are getting old, and they do not fool anyone. But keep repeating those lies to convince yourself.

Thankfully, there were some commenters who showed disgust with the attacker instead of attacking the victim, like this one:

"P#-6 stopthelies March 01, 2011 12:50PM This is disgustingly shameful. I hope this caller gets a visit from the FBI and gets thrown in pen fed. You can disagree with a person's views without threatening his life. Rabby is a peaceful, loving family man who advocates change through peaceful methods.

To the person who made this threat, grow a spine. And a brain while you're at it. You are a yellow-bellied coward."

I do not know how any person could defend a person who threatens to violently kill another person. I do not understand why people would turn it around to attack a victim.  I am sickened by this.  This happened to my family when we lived on Rota. I still have over a dozen police complaints that were filed against people who threatened us (some in front of witnesses), destroyed property, and committed other crimes. Not one person was arrested. I doubt that there will be justice in this case. At least one would think people would decry such violent threats and stand with the victim and his family.

Fitial Pushes Agenda in Washington, DC

February 27, 2011

Governor Fitial is in Washington, DC to with his consultants, to attend meetings with federal officials, to cozy up to Republican leaders, and to attend the Republican Governor's Conference. The press releases from the CNMI Governor's Office are rolling in indicating that Governor Fitial met with USCIS Director Alejandro Mayorkas, with staffers from Speaker Boehner's office and Republican National Committee chairman Reince Priebus.

It's difficult to know what transpired in the meetings because the news comes in the form of press releases from the governor's press secretary, but of course, Fitial is there to push his agenda.

Fitial's lobbyist and "special" advisor-attorney, Howard Willens reportedly accompanied him to meet with staffers from Boehners office. The press release stated that Fitial, his press secretary Angel Demapan, and Willens met with chief of staff, Barry Jackson, and assistant to the speaker for policy Will Kinzel to ask them to amend the CNRA.

Apparently, the anti-federalization lawsuit that is estimated to have cost nearly $1 million was a bust so now the Fitial Administration is focusing on amending the CNRA. (Who will Fitial hire to lobby for that and for how much?) I agree that the CNRA should be amended. It must be amended  to include a provision that should have been there from the start - a provision providing for the long-term nonresident workers who have worked in the CNMI for five or more years should be issued green cards and a pathway to citizenship.

It was interesting to see Howard Willens' name pop up after many months of silence. He appears to have retreated in silence after the very expensive Jenner-Block lawsuit failed to stop the implementation of federalization.  The lawsuit that Fitial, Willens and Siemer pushed, wasted an enormous amount of money that could have been used to provide services that had to be cut, or to pay workers who have had their salaries slashed.

Does the governor have credibility in Washington, DC? I don't think so. Even if by some miracle he could get his agenda pushed in the House, there is no way it would pass the Senate or the President would endorse it.

Fitial's move from the Covenant Party to the Republican Party, was made (as all of his actions are) to push his personal agenda and self-interests with the national Republican Party. It is all political games and I predict in the long run, the governor will lose. Most people have memories, intelligence and at least some integrity.  Most people research and weigh facts before aligning themselves with someone or jumping onboard with a proposal. There is just too much history, scandal, corruption, connections with convicted felons, outright deception and lies associated with Fitial, his spokespeople and others in his administration for any credible Washington official to buy his agenda outright. This governor faces a serious uphill battle as opposition to his agenda continues to grow.

The Governor's Office has refused to release documentation related to Tina Sablan's Open Government Act request regarding  payments to Willens, Seimer and other "consultants". If any law should be amended, it is the CNMI Open Government Act.  Since the CNMI officials consistently and blatantly fail to abide by the OGA, it might help if a provision was added to provide for mandatory jail time for officials who fail to cooperate and release documentation.

It is not even about the ten day time limit. Reasonable people would understand another week or two may be needed to collect and copy documents.  But these lawbreaking and arrogant officials have no intention of ever releasing documentation unless they are hauled into court. They openly defy the law, knowing there will be no consequences for violations.

An editorial by Zaldy Dandan of the Marianas Variety revealed the arrogant attitude that has poisoned the Fitial Administration, which has consistently pushed the governor's personal agenda in blatant disregard to the best interests of the people. He said that a "gubernatorial minion" responded to a MV request for information with the reply, "We don't work for the media."

This editorial is one of Zaldy's best. He wrote:

Still, even if administration officials don’t work for the media, they are supposed to serve the public. And this newspaper works for the public. We don’t just print news and opinions to irritate the powers that be (it’s more profitable to smooch their daggans). We do it because our job is to inform members of the public so they can make informed decisions regarding their community as well as their government’s policies and proposals. Clearly, the free flow of information is crucial to a democratic society. It is important that citizens know what is happening to their government and what it is doing in their name. Information, however, is power. Those in power want to control information. They are not exactly thrilled that this newspaper is redistributing power to the public by giving away information.

In other words, when government officials refuse to provide us information, they are depriving you — the reading public, their own constituents — of information.

How true! Government officials who use their power to withhold information, conduct under the table transactions, and conduct official work in secrecy behind closed doors are not working for the people.   Government officials that do not want to share documents or information are not working for their people.  Government officials who blatantly lie in official reports and public  statements are not working for the people.

More on the Senate Hearings: Eye Witness Accounts

February 25, 2011

Someday, maybe sooner than we think, we will look back on these days when some of us objected so strenuously to a pathway to citizenship for people who were in fact our own family members, neighbors, friends, and colleagues, and we will be ashamed. By then, at least some of those individuals will have become U.S. citizens anyway despite all these efforts to hold them back and keep them down. Someday we will all understand that the enhancement of their status and rights did not in any way diminish our own status and rights. And we will see that their voices do matter, and have always mattered, and their full participation in our community and our democracy is a blessing for all of us.
                                                -Tina Sablan, Testimony to Senate Hearing February 24, 2011

The final Senate Hearing on status for long-term nonresident workers was held in Tinian last night.
The Tinian Senate Hearing was attended by about 35 nonresident workers and 10-15 residents. Two members of the United Workers Movement, Rabby Syed and Ronnie Doca attended.

Seven residents spoke.  One nonresident spoke for U.S. citizenship. Other nonresidents told Mr. Syed that they were monitoring the hearing, but not speaking because the U.S. Congress will decide the status of the nonresident workers, not the CNMI Legislature They have already sent letters and petitions to the federal officials expressing their desire for a pathway to u.S. citizenship.

The Saipan Hearing was said to have the best attendance of a public hearing ever held in the CNMI. The room could hold only 230 people and there was tight security. When people left some people among the hundreds that waited outside listening on loud speakers, were allowed in.

The Saipan Tribune reported that Senator Pete Reyes, claimed to be "hurt" that the nonresidents were upset with the report:

Reyes said the Senate committee is somewhat taken aback that they have become a target of criticism mostly by nonresidents, for taking a stand on something that the same nonresidents would benefit from.

The former Senate president also said it seems to the committee that many members of the community have not fully understood what the Senate committee's draft recommendation to Congress really is.

“I'm hurt that people have started verbally attacking us. This is not a very popular move,” Reyes said at the public hearing, adding that it is neither a popular political move.

Reyes pointed out that what the Senate committee is proposing is a status that will allow nonresident workers to continue to live and work in the CNMI, or travel to the U.S. and its territories.

Witnesses at the Saipan hearing said that Senator Reyes told the attendees that the Senate displayed courage and boldness to declare the nonresidents workers were deserving of improved status. He claimed to be "hurt" that the nonresidents didn't appreciate the "gesture" or significance and even criticized Rabby Syed claiming that he had told the Senator he just wanted stable status. Actually, Rabby and another member of the UWM told the Senator that the nonresident workers were not interested in taking political power away from the residents, which is a far cry from saying that they don't want full or political rights.

All of the people of the CNMI may benefit if the members of the legislature studied the U.S. Constitution. Protests, dissent, and the criticism of government officials and their actions are essential to expose truth and institute reform. Did these legislators seriously believe they could exclude testimony unfavorable to their position, and include untruths and misinformation in the report, and not expect to be taken to task? It is offensive to witness an elected leader trying to play the role of the victim when someone disagrees with him/her. The Senators are not victims. They are aware of their offenses and need to make amends.

Claiming that the CNMI Legislature is generous for tossing the FAS-status crumb to the legal, long-term nonresident workers is sad. They know that FAS status is not applicable in this situation and that it is another desperate attempt to keep the workers indentured, disenfranchised and totally powerless. The nonresident workers have been a vital part of the community for decades and deserve to have an immediate pathway to U.S. citizenship without anymore nonsense, debates, detours, or hoops to jump through.

Other sensible testimony was delivered by residents. Glen Hunter pointed out that CNMI Department of Labor official Barry Hirschbein couldn't come up with any statistics or numbers when questioned about the nonresident workforce, but in his testimony the DOL official criticized the Department of Interior for their data and statistics. Glen also correctly pointed out that it was the CNMI that was responsible for political, social and economic "impacts" of the guest worker population, and not the federal government. He said it was time to move forward and look at the humanitarian issues concerning the nonresident workers that were already in the CNMI and do the "right  thing to push for better status for them."

Some nonresident workers felt that the local people and Senators wanted to continue the terrible CNMI guest worker program forever and keep them as indentured servants one step above slavery.

Reggie Diesta, a nonresident who has lived and worked in the CNMI for 22 years spoke for a pathway to U.S. citizenship.  Former nonresident worker, Conrad O'Campo who now has a green card said that he went to the mainland and returned to the CNMI because he missed his family and home. Conrad said what many nonresidents have said, that the nonresidents workers won't leave the CNMI if they are granted green cards or U.S. citizenship status.

Former CNMI Representative Tina Sablan's Testimony truly catches the sentiment of the majority of the nonresidents, advocates and many CNMI residents:

Testimony of Tina Sablan to the

Members of the 17th Senate of the Commonwealth of the Northern Mariana Islands on the

Draft Senate Report Regarding the Future Status of CNMI Guest Workers

February 24, 2011 

Good evening, senators. My name is Tina Sablan, and I am here as a concerned citizen and member of this community. Thank you for this opportunity to submit comments in response to your draft report regarding the future status of the CNMI’s long-term guest workers.
I would like to begin by addressing the report’s characterization of public sentiment expressed at the public hearings that were held by the senate last year. The report describes the public as being “overwhelmingly alarmed” at the prospect of granting nonresident workers an immigration status that would allow them to become citizens of the United States. The report also suggests that no one at these hearings expressed support for a pathway to U.S. citizenship. 

I was a member of the public who attended several of these hearings. I also submitted oral testimony. I was not alarmed. I was and still am also strongly supportive of the proposal to grant permanent residency and a pathway to U.S. citizenship for guest workers who have lived and worked in the CNMI for five years or more. 

There were others who attended these public hearings and submitted testimonies, who were also in favor of a pathway to U.S. citizenship. Written testimony was submitted, for example, by the United Workers Movement, on behalf of more than 7,000 individuals who had signed petitions to U.S. Congress calling for permanent residency and a pathway to citizenship for CNMI guest workers. These petitioners included guest workers as well as indigenous and non-indigenous U.S. citizens. 

None of these testimonies was acknowledged at all in the draft senate report. 

Most of the hearings last year were not exactly well-attended, and the several people I heard who expressed anything remotely close to alarm seemed primarily upset with the CNMI’s relationship with the United States and the way the Department of Interior report was prepared, rather than with the actual content of that report. Some of these individuals attended multiple hearings to express these sentiments, and for some reason their testimonies received far greater emphasis and attention in the senate’s draft report than the testimonies of other people who had also participated in the hearings. 

I submit to you that the lackluster turnout at the senate hearings was due at least in part to fears, which I also understood and shared, that the senate committee would either ignore or distort testimonies not consistent with their views or the views of the politically connected, and that the report would be biased in favor of an already-decided outcome. After all, prior to the senate hearings, the legislature had already adopted resolutions expressing opposition to the Department of Interior report, and indeed during the hearings we heard members of the legislature reiterate that opposition, with one member even describing the United States as the CNMI’s “enemy. 

The senate report only confirms that our fears were well-justified, as it seems that not all testimonies and viewpoints were in fact fairly considered by the senate committee in drafting their report. 

Second, I would like to address the substance of the senate’s recommendation. The senate proposes that long-term guest workers who have given ten years or more of their lives to the CNMI should be granted a status similar to that of the citizens of the Freely Associated States. The senate further proposes that these workers should be required to remain in the CNMI for five years from the date of enactment of U.S. Public Law 110-229. They would not be considered lawful permanent residents on a pathway to U.S. citizenship. They would not be free to exercise the full rights and responsibilities of citizenship. And they would still be vulnerable to abuse and discrimination. 

FAS status is a status negotiated by the United States with other nations. But we here in the CNMI are part of the United States, and federal immigration law now fully applies here. I am frankly surprised and disappointed that the Department of Interior even included the FAS option in their report because when we really stop to think about it, it makes little sense. It would be totally contrary to fundamental democratic values to create some new immigration category that would deny an entire group of people the opportunity to someday partake in the full rights and responsibilities of citizenship, no matter how long they live and work in this country. 

If we really think about it, that type of status would not be all that different from the old, bitterly divisive, and often shameful guest worker system that once prevailed here. Perhaps that is why some people prefer FAS-type status for guest workers who are here: it represents the least amount of change to a system of inequality that people sadly became used to – a system that should never have been created here in the first place, and that desperately needed to be shut down. 

To those who oppose the granting of permanent residency and a pathway to citizenship for people who have been part of our community for many years, I appeal to you to search your own hearts and your values. Have you treated guest workers so badly that you would be fearful that they might someday be able to live, work, travel, and participate in government freely? Is your confidence in your cultural and political strength so weak that you would try to limit the freedom and opportunity of another group of people living and working peacefully with you? If the truthful answer to either of these questions is “yes,” then the truthful response is that your fears and insecurities will not go away even if every single guest worker in the CNMI were to be removed tomorrow. These fears and insecurities are entirely internal, and we must look inward and we must look deeply if we are ever to hope to resolve them. For my part, I do not think there is anything to fear. 

In closing, I should say that despite my deep misgivings about the senate report, I am glad that at least our senators were reasonable enough to not recommend that all guest workers should be immediately sent back to their countries of origin upon expiration of their umbrella permits. I am glad that the senate has recognized the valuable contributions of guest workers as true members of our community, though not full members of our democracy. I am glad that they recognized the need for stability in the workforce and in many of our families. I am also glad that even those individuals who opposed the Interior report and who were quoted extensively in the senate report, did not once during last year’s hearings deny that guest workers have contributed tremendously to the life of our community. 

The senate report encourages U.S. Congress to consider the voices of the indigenous people in deliberations on the future status of guest workers. That is fine, of course, but it should go without saying that all voices should be heard in this matter, because in a democracy, all voices count. And I would encourage not only U.S. Congress, but also this body, and all our elected local leaders, to listen to the voices of all the people they represent, including those who cannot vote, and those who have spoken in favor of a pathway to citizenship for them. 

Someday, maybe sooner than we think, we will look back on these days when some of us objected so strenuously to a pathway to citizenship for people who were in fact our own family members, neighbors, friends, and colleagues, and we will be ashamed. By then, at least some of those individuals will have become U.S. citizens anyway despite all these efforts to hold them back and keep them down. Someday we will all understand that the enhancement of their status and rights did not in any way diminish our own status and rights. And we will see that their voices do matter, and have always mattered, and their full participation in our community and our democracy is a blessing for all of us. 

Thank you again for this opportunity to submit these comments.

WE ARE THE PEOPLE MARCH AND SENATE HEARING (UPDATED)

February 24, 2011

Photos by Itos Feliciano ©2011

An estimated 500-600 nonresidents showed up for the "We the People March" to protest inaccuracies in the draft Senate report and to send a message to the U.S. Congress that they support green cards and a pathway to citizenship for the long term legal nonresident workers in the CNMI. Former Representative Tina Sablan addressed the marchers at Kilili Beach expressing her support in their quest for green cards and a pathway to citizenship.

Nonresidents and their supporters gathered at Kilili Beach and then held a peaceful walk to the Multi-Purpose Center to attend the Senate hearing. Protesters carried green flags and wore green ribbons to represent green cards. Most of the nonresident workers have lived and worked in the CNMI more than 5 years. Had they been working in the mainland for that length of time, most would have already been eligible for green cards.

Nonresidents and far fewer "local" residents jammed the Multi-Purpose Center to submit testimony to the Senate Committee led by Senate Vice-President Jude Hofschneider who is Chair of the Senate Committee on Federal Relations and Independent Agencies. An huge overflowing crowd of nonresidents was outside because the center's capacity is only 280.  The hearing lasted for hours.

The draft Senate report was based on testimony from hearing held last summer. Those hearings were attended by less than one percent of the CNMI population, but the report reflected "overwhelming opinion" of residents, and omitted all testimony from nonresidents and residents that supported green cards and eventual U.S. citizenship status for the legal nonresident workers.  The report also contained misinformation and inaccuracies in an attempt to minimize the prevalent and ongoing labor and human rights abuses that occurred in the islands a result of the CNMI-run labor and immigration system.

Congratulations to the United Workers Movement, Human Dignity Movement, the Chinese, Filipino and Korean groups and nonresidents for the successful march and attendance at the hearing.  It takes courage to boldly oppose the government's agenda when you are a member of the disenfranchised underclass lacking political and social rights.

UPDATED

The Marianas Variety reports that the majority of the 30 residents and nonresidents who delivered oral testimony at the Saipan Hearing recognizes the need for permanent residency for long-term foreign workers, with most who testified supporting green cards and a pathway to citizenship:

--Former Rep. Tina Sablan spoke in favor of granting improved status to long-term guest workers.

--Conrad J. Ocampo, a guest workers for 12 years in the CNMI who is now a U.S. permanent resident, said nonresident workers will not leave the islands after gaining improved status.

He said he worked in the U.S. but “chose to return here because my family, relatives and beloved local and ‘kababayan’ friends are here.”

He added, “These guest workers, just like me, have their roots here already and will opt to stay when given improved status. So your fear of losing the guest workers when given improved status is baseless.”

--The United Workers Movement, the Marianas Advocates for Humanitarian Affairs, or MAHAL, and the Human Dignity Movement reiterated their request for improved immigration status that includes a pathway to U.S. citizenship.

“Give us the freedom to contribute our best and for the betterment of the community,” MAHAL stated in its testimony. “The sense of belonging will give us the power, the ability to dedicate our lives to participate fully in the enhancement of the economy….”

--A Chinese man, who struggled to express himself in English, said he has two children born here and has lived on Saipan for 17 years already.

He said he has no choice but to go back to China if he can’t get a green card. “But it’s not good for my children,” he added.

--Former Senate legal counsel Steve Woodruff said the Senate recommendation is unacceptable and useless.

He said there are 16,000 to 20,000 guest workers in the CNMI but still no federal regulation for their hiring even though their umbrella permit is expiring in Nov. 2011.

“What the CNMI needs is an immediate status for people that were here legally on Nov. 27, 2009,” he said.

--The Dekada Movement expressed support for the granting of an “immediate stable status” for nonresident workers before Nov. 2011, when their umbrella permits expire.

Dekada said nonresidents who were in the CNMI with a legal status on Nov. 27, 2009 should be allowed to continue to stay and work legally here for five more years.

Dekada said all nonresidents with uncollected awarded claims should be eligible for U.S. visas and allowed to petition for adjustment of status.

Moreover, Dekada said, “all aliens legally resident in the CNMI for at least 10 years as of May 8, 2008 should be eligible to self-petition for green card and adjustment of status with fees waived.” 

Most nonresident workers are requesting green cards and a direct pathway to citizenship for legal, nonresident workers who have been in the CNMI for 5 years or longer, as is indicated by the petition signed by over 7,000. On the other hand, most "local" residents argued against U.S. citizenship expressing a "fear of becoming a minority in their land." Of course, that statement is already moot since by bringing in tens of thousands of foreign workers and renewing them for decades, the CNMI already ensured that the residents would be a minority.

The Variety reported that John Oliver Gonzales made a statement indicating he didn't understand what the protesters and nonresidents were asking for:

John Oliver Gonzales, Joeten-Kiyu Public Library executive director, said his father, who was born in the Philippines and is now a U.S. citizen, came to Saipan to work.

He said his father never protested, never held placards and “disrespected” the island but went through the legal process to obtain U.S. citizenship.

“The United States has divided us…and continue to divide us — enough; we must protect self-government,” he said.

Freedom of speech, protesting or holding a sign is not disrespectful. Furthermore, none of the nonresidents asking for green cards or U.S. citizenship are asking to bypass any law. They are asking for the U.S. Congress to enact a law based on the DOI Report as mandated in PL 110-229.

Other "local" residents speaking against U.S. status were CNMI Descents for Self-Government and Indigenous Rights adviser Oscar C. Rasa and Jess Pangelinian.

Barry Hirschbein from the CNMI Department of Labor was reportedly unable to respond to Senator Hofschneider's question asking what the impact on the workforce would be if the "nonresidents were given CNMI residency status.  It seems an odd question since there is no such thing as CNMI residency status and likely won't be.  The CNMI has no power to grant status to the foreign workforce; only the United States government can. The intent of PL 110-229 was to bring the CNMI into accordance with U.S. immigration law, "consistent with the goals of comprehensive immigration reform"as sated in the DOI Report.

The Marianas Variety also noted that Governor Fitial opposed granting improved status to the legal, long-term nonresident workers, and wants the federal government "to extend their umbrella permits indefinitely. One federal official told me that is not possible. The USCIS has no authority to do that; it would take an act of the U.S. Congress. If the Congress was going to act, it certainly would grant U.S. status, and would not likely even consider extending a CNMI-issued permit that has been the cause of controversy and misunderstanding.

 

WE THE PEOPLE MARCH: March in Silence to the Senate Hearing!

February 23, 2011

"We do not move forward by curtailing people’s liberty because we are afraid of what they may do or say." Eleanor Roosevelt

Last evening several nonresident workers and friends notified me that certain people were conspiring to prevent the nonresident workers and their supporters from walking from Kilili Beach to the Senate Hearing that is being held tonight at the Multi-Purpose Center.  This issue has been resolved.  We have been assured that all nonresidents workers and their supporters are free to walk peacefully on the path from the Kilili Beach to the Senate Hearing at the Multi-Purpose Center.   

PLEASE JOIN THE PEACEFUL 'WE THE PEOPLE' MARCH Tonight at 4:00pm, Kilili Beach!

The organizers have named the march, the We the People March:

We the People: to represent that every person in the community should have a voice. We the People: to represent that all nonresident workers should be viewed as future citizens and not as replaceable commodities. We the People: to protest further efforts to establish a two-tiered society of the privileged and unprivileged. We the People: to symbolize that all of the people in the CNMI, residents and nonresidents, have lived together and supported each other as neighbors, coworkers, friends and community members for decades. We the People: to represent that the cultural diversity of the races and nationalities of all CNMI community members enhances the strength and beauty of the islands. We the People: because we believe that a united CNMI where all of the people have an equal seat at the table will promote civic vitality, prosperity and economic stability. 

The organizers have deemed the march a silent march: 

Silence: to represent the oppression of the nonresident workers. Silence: to represent the voices and testimony so conspicuously absent from the draft Senate report. Silence: to represent those nonresident workers who for decades were deported by the CNMI government without their pay. Silence: to pay respect to all of the victims of labor, civil and human rights abuses that CNMI legislators callously denied and dismissed as insignificant.

Organizers recognize that many nonresidents, their advocates and leaders are justifiably disappointed or angry with the draft Senate report. They ask that all nonresident marchers and those attending the Senate hearing, as always, remain dignified, peaceful, and respectful of others' opinions.

Remember that it is the United States Congress that will decide status for the long-term CNMI nonresidents, not the CNMI Legislature or other CNMI officials. The march, attendance at the hearing, and testimonies are being promoted to document the truesentiment of all the people who live and work in the CNMI.

"The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy." Dr. Martin Luther King

Where do you stand? Will you be standing with the nonresidents and their supporters tonight?

Nonresident workers and their supporters will gather at Kilili Beach at 4:00pm and walk the short distance to the Multi-Purpose Center. Everyone is welcome to join! Why turn around when the finish line may be around the corner? Join the march!

Before the Unity March, Assistant U.S. Attorney Jim Benedetto, formerly the Federal Labor Ombudsman, published an editorial in the papers explaining that the workers' have constitutional rights regarding freedom of speech and freedom to assemble. I am publishing it again because this is an important message that eloquently outlines our rights.

By JIM BENEDETTO

One of the most cherished of the rights guaranteed to us by the United States Constitution and the NMI Constitution is our freedom of speech. Article I, Section 2 of the NMI Constitution, which mirrors the first amendment to the U.S. Constitution, says:

Section 2: Freedom of Religion, Speech, Press and Assembly. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

The rights guaranteed under Section 2 protect more than just “speech.” Section 2 protects communication in all its varied forms, and the right to peacefully gather together and march, picket or protest. These rights are not reserved for citizens, but for “the people,” which includes everyone within the Commonwealth.

Freedom of speech applies not only to popular speech, such as pro-government rallies, but also to speech that may be unpopular, controversial or even hateful. The framers of our Constitution believed that the best way to show that someone is wrong is to let him speak, and let others poke holes in his arguments. As Justice Louis Brandeis explained long ago, the "the remedy to be applied [for false speech] is more speech, not enforced silence." Government may have the power to stifle unpopular speech, but hearts and minds are persuaded and won with reasoned arguments.

It often surprises or shocks people that the Constitution protects the right of those espousing unpopular ideas, such as the American Nazis who wanted to march in Skokie, Illinois (see National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1978)). But it is precisely the unpopular speech that needs protecting; nobody tries to suppress popular speech. If freedom of speech means anything, as Justice Oliver Wendell Holmes once observed, it must not be just “free thought for those who agree with us, but freedom for the thought that we hate." It is a measure of our maturity as citizens in a democracy how well we tolerate dissenting or unpopular views. In the words of Voltaire, “I may disagree with what you have to say, but I will defend unto death your right to say it.”

You need only consider Dr. Martin Luther King's civil rights work in the '60s to realize how important it is to protect unpopular speech. Dr. King's many nonviolent protest marches were not popular in their day. The police turned fully pressurized fire hoses on children cutting school in support of the Montgomery bus boycott. Peaceful marchers were beaten by mounted police on the Edmund Pettis Bridge. Dr. King himself was jailed several times for his civil rights work, as were thousands of others. Now, almost 50 years later, there are scant few whose hearts and minds have not been persuaded by his vision and moral clarity. What kind of society would we live in today if Dr. King and the freedom marchers had not had the protection of the Constitution's guarantees of the right to free speech and assembly?

The Commonwealth Legislature implicitly recognized the sanctity of the right to freedom of speech when it voted unanimously to make Dr. Martin Luther King's birthday a holiday in the CNMI. The findings section of Public Law 15-04 contains this language:

The Legislature finds that Dr. Martin Luther King, Jr. was a leader in the fight for justice through nonviolence. Dr. Martin Luther King, Jr. was a prominent civil rights leader and fought for the equality, dignity, and freedom of all people. It is through his work and devotion that we enjoy freedom and civility in our life everyday. Dr. King’s efforts have clearly affected the people of the Commonwealth [who] have benefited directly from his vision and actions as a civil rights advocate.

Of course, our right to express ourselves is not absolute. According to the United States Supreme Court in the case of Perry Education Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1985), the government may place “reasonable time, place and manner restrictions” on the exercise of our rights in a public forum, so long as those regulations are “narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication.”

Public streets, as a traditional public forum, are available for parades and protest marches. Since the government has a significant interest in preventing people from blocking traffic, and protecting them from being hit by cars and buses, the government may require marchers to give advance notice of their event, obtain a permit, and arrange for police presence to close off part of the street and control traffic. Those who choose to ignore reasonable time, place and manner restrictions can be given a ticket or arrested. There is nothing unconstitutional about the government enforcing the law, as long as it is enforced equally, and not based on the content of the speaker's message.

On the other hand, the government cannot try to suppress speech that it does not like by hiding behind time, place and manner restrictions. If it allows veterans to parade, it must also permit anti-war protests. If pro-life supporters can peacefully assemble, then so can supporters of a woman's right to choose. Government officials should never suggest that time, place and manner restrictions may vary depending on the content of the message, the effect its ideas may have, or its tone. If they do, they run the risk a court may strike down the statutes regulating such activities and order them to pay monetary damages to those whose first amendment rights they have violated.

The CNMI is presently engaged in a spirited debate on labor, immigration and Federalization issues. We are all fortunate to live in a place that protects and respects our right to speak, assemble, and yes, even protest, in a peaceful, responsible manner.

Again, we have been assured that the We the People March has been approved by CNMI officials.

I wish I could say, "See you there!" but unfortunately, I cannot make it.  I hope to be with you soon. In the meantime, I send my love and will be with you in spirit. I wish you all much success in your march and submission of testimony for the Senate hearings on Saipan and Tinian.  

Boboy also has a message to all marchers and participants: "MABUHAY - to all of the nonresidents workers and their supporters!" 

Statement of United Workers Movement for Saipan Senate Hearing

February 23, 2011

Statement of the United Workers Movement for the Saipan Senate Hearing:

Rota Hearing Underscores Need to Participate in March and Hearing

February 22, 2011

Rota nonresident workers expressed disappointment with the Rota Senate Hearing, and with statements from CNMI Senate Vice-President Jude Hofschneider concerning the draft Senate report that was written to present to the U.S. Congress. Hofschneider was quoted in the Saipan Tribune as pushing the Senate's agenda to recommend a status that would permanently disenfranchise the legal CNMI long-term workers.

Hofschneider quote: "Some 30 showed up at the hearing. He said they had expected about a hundred to attend the hearing." What he failed to say was that there were 5 times as many nonresidents as residents in attendance. About five "locals" or residents showed up, and the remaining people were nonresidents.

Some nonresidents said since the U.S. Congress, and not the CNMI Legislature, will determine their status, they felt that their letters and signatures on the petitions requesting green cards and an unobstructed pathway to citizenship was enough.  Those who did attend the hearing said they wanted to be counted as objecting to the draft and standing up for green cards.

Hofschneider quote: “Most of the nonresident workers who were at the hearing just wanted a stable status and direction. They didn't really say whether they want U.S. citizenship or green card, but any status that will help them stabilize their plan to remain in the CNMI.”According to nonresident workers who I spoke to, this is not true. In fact, even a resident argued for green card status. I was told that the Senate panel questioned the resident asking him why he has that "sentiment" for the workers when he lived on Rota only two years.

Today's Marianas Variety clarified what happened at the hearing, noting that there were nonresidents at the Rota hearing who spoke up for green cards.  One worker was quoted as saying, “The real sentiment of the nonresident workers, especially those who have been here for a long time, is to have a green card.”

I think that everyone in the CNMI knows that the vast majority of the foreign workers would like a direct pathway to U.S. citizenship. Everyone, including the CNMI legislators. So why write a report that is untruthful and quotes only from people that support their argument rather than present the true picture?

Some nonresident workers who attended the hearing said that they were disappointed with the format. One guest worker said that the panel explained their position, and workers left because it was apparent that the Senators were not conducting the hearing to get the views of the community members, but to try to persuade the attendees to accept their draft report. The nonresidents workers were not in agreement with it.

After a while the meeting was conducted in Chamorro, and the majority in attendance -the nonresidents - could not understand.  Excluded from participating, my friend left also. Why have an open public hearing if those conducting it are going to speak in a language that most in attendance can not understand?

MARCH AND ATTEND A HEARING:

FEBRUARY 24 SAIPAN

Nonresidents and supporters will meet at 4:00pm at Kilili Beach and march to the Multi-Purpose Center. Please contact Rabby 671-888-4025 (United Workers Movement), Ronnie Doca (FILCOWA), Itos Feliciano (Human Dignity Movement) or leaders of the Chinese or Korean communities for more information.

FEBRUARY 25 TINIAN
Nonresidents and supporters: Rabby Syed will be at the Tinian Elementary School at 3:00pm to meet you. For more information call 671-888-4025.
___________________________

All nonresident workers who want to have a voice in determining their future are encouraged to attend the march and one of the upcoming Senate Hearings concerning status for the long-term workers. Please bring signs and written testimony expressing your personal views on status and telling how long you and your family has lived and worked in the CNMI. You may submit copies of previous letters that you have sent to the U.S. Congress through Wendy Doromal, if you like. Also, those who cannot attend the hearing may submit testimony for the U.S. Congress through Rabby Syed (contact at 671-888-4025), Ronnie Doca, or Itos Feliciano who will send the copies to human rights advocate Wendy Doromal who will distribute them to Congressional committees and U.S. officials. You may also send your testimony directly to Wendy Doromal via email: doromal@earthlink.net .

Pursuant to 1 CMC 8 9904A written comments may be submitted to the Office of Senator Jude U. Hofschneider Honorable Jesus P. Mafnas Memorial Building Capitol Hill Saipan prior to the convening of the hearing or at the hearing. Oral testimony may be presented at the public hearing. If you wish to present oral testimony please inform the Chairman no later than 24 hours prior to the public hearing.

WHY MARCH? WHY ATTEND A HEARING?
The draft Senate report is flawed because it is based on the lie that the U.S. Department of Interior did not allow officials from the CNMI the opportunity to submit their views on status for long-term nonresidents. The officials had two years from the time the bill was passed, and many face-to-face meetings with Assistant Secretary Tony Babauta; however, they failed to express their views or submit a statement.  (See The Lie for complete details of meeting dates and failed opportunities.)

The draft Senate report claims that the majority of the nonresidents are fine with disenfranchisement, or an FAS-type status, which is untrue. Most nonresidents consider "improved status" as U.S. status that includes full social and political rights, or hope for a green card with an unobstructed pathway to citizenship. The draft Senate report ignored the written testimony submitted by the United Workers Movement, which outlined the demands of our petition with over 7,000 signatures asking for green cards and a pathway to citizenship for the legal long-term CNMI nonresidents. The UWM will be re-submitting their testimony. All nonresidents and their supporters are invited to add their signatures to the testimony.

The draft Senate Report denied the existence of systematic, commonplace and ignored labor abuses that thousands of nonresident workers suffered for decades under the dysfunctional CNMI labor and immigration system. Certain rights belong to every human being as outlined in the United Nation Declaration of Human Rights. Certain constitutional rights belong to every person as long as they are on U.S. soil.  Every person has the right be paid for every hour that they work, but under the CNMI labor and immigration system many nonresident workers were denied of this fundamental right. The nonresident workers who were abused or cheated of wages deserve to be paid the full compensation that is owed to them.

I will be joining with CNMI worker groups to appeal to U.S. officials and international bodies for help in requesting reparation so these victims may be made whole.

UNPAID WAGES IN CNMI: CREATING A HUMAN RIGHTS CRISIS

February 22, 2011

More CNMI companies, individuals and businesses that hire foreign workers are failing to pay their workers on time, failing to pay minimum wage, failing to pay for overtime hours worked, or not paying them at all.  The situation has become epidemic, and individual workers and their families have been hit with unbearable hardship.

There is no help available from social service agencies for a foreigner who is a victim of wage theft. Aliens do not qualify for food stamps or other federal programs. I asked one worker how his family was surviving, and he told me that the family had depleted their savings. Think about this tragedy.  A foreign worker is recruited to a U.S. territory to work, is cheated, and has to use everything that he and his wife have saved over the last 20 years to support himself and his family.  This is wrong on so many levels.

You may ask, why doesn't he complain; why aren't all of these unpaid workers complaining? If the cheated employees complain, they may get paid, but judging by the track record of the CNMI DOL the chances are extremely slim. It is far more likely that they will file a labor complaint, and sometime in the distant future DOL will issue an Administrative Order stating that the employer owes them money. They will most likely never receive the wages because DOL doesn't enforce their own orders. Perhaps the cheated workers could retrieve some of the back pay if they could afford to hire a private attorney, but because they are destitute, most cannot afford attorneys.

Because DOL and the Office of the Attorney General do not enforce the DOL-issued Administrative Orders, these new cheating employers, like the hundreds that preceded them, will be allowed to steal from these foreign workers with no fines, no jail time and no consequences of any kind. The robbed employee will be left without money or justice.  That has been the pattern in the CNMI for decades, and it is escalating to a dangerous level. There are families that need food now!

There is another reason that the cheated workers are not complaining. It is one that I have heard repeatedly over the last few weeks. The unpaid workers are in a Catch-22 situation. The transition between the CNMI and federal labor and immigration systems has created a climate of intense fear and confusion among foreign workers. The foreign workers have been told that they must have a job to stay in the CNMI after November 28, 2011. If they file a labor complaint, their employer will most certainly retaliate and fire them.  If they are jobless in November 2011, they have been told that they will have to leave the CNMI without any chance of ever being among those that may be considered for U.S. status, and most likely without any back wages. They have sacrificed for years, most for decades, and if they complain now, they throw away any chance for a secure future.

One such cheated worker asked me, "How can all of our suffering have been worthwhile, if in the end we lose everything?

What makes the situation even worse is that the employers know that the workers are so desperate to hang on to their jobs that it makes it almost too easy to cheat and abuse foreign workers. The sentiment some employers have is, "You complain and you will not have a job.  Then you will have to leave."  So employers give the workers a few dollars and promise, "next week." And when next week comes with no pay, they say, "For sure, next week."  And after two months, or three months, or in the case of the employees that I spoke to yesterday, after 6 months, they say, "Next month, for sure."

There will be no pay "next week" or "next month."  These employers are liars and cheats. They may not even have money to pay their employees. Such employers belong behind bars, but no one in authority from the CNMI and federal governments seems to be acting on this crisis.

We know that the CNMI government has failed, but the U.S. Government has also failed miserably.  It has failed to promote democratic principles in this U.S. territory. It has failed to properly fund federal law enforcement agencies and the U.S. Department of Labor.  It has failed to enforce laws on U.S. soil.  It has failed to provide equal civil rights to all who are working in the CNMI. It has failed to oversee the proper implementation of PL 110-229 by tolerating a sloppy transition that has contributed to the suffering of foreign workers and community members. It has failed to act responsibly and justly by ensuring reparations are granted to tens of thousands of cheated foreign workers. It has failed to take action against the CNMI government for pre-empting federal law. The U.S. Congress has failed to act quickly on the DOI report to grant U.S. status to those legal foreign workers who have worked in the CNMI for five or more years.

If the U.S. Congress had acted to grant status immediately after the issuance of the DOI Report, then this present wave of suffering could have been avoided.  If the Congress had granted the legal nonresidents workers who have lived in the CNMI for 5 or more years green cards or U.S. citizenship, then the CNMI employers would not be free to chronically abuse them. CNMI employers don't usually cheat U.S. citizen employees. The deportation card that they use so freely on the nonresident workers doesn't work on them.

The Rota Hotel and Casino: Cheating Workers
Workers from the Rota Hotel and Casino report that they have not been receiving their wages since September 2010, and yet officials on Rota claim to be totally unaware of their plight. I know that they were informed. An employee told me today that he spoke to someone who is a Rota Casino Gaming Commissioner. Furthermore, as the saying goes, "You spit in Sinapalu and it's felt in Songsong." Rota is a small place and everyone knows what's going on. The correct response may have been, "We knew, but we ignored it, just like the situation with not paying the Rota nurses."

The Marianas Variety reported that a Rota Department of Labor official who declined to be identified said, "There's no serious problem about the complaints because the problem was rectified." Not true. The problem is very serious and it has not been resolved. The "local" U.S. citizen hotel workers, those who have no fear in complaining, did complain about not being paid. Reportedly, the Rota DOL made a deal that they would be paid their back wages in amounts of $250 monthly.  Most of them have quit.

For the foreign workers, the problem of no pay continues and compounds each pay period. They may have been paid some back pay, but thet are still owed much more. One Rota Hotel worker told me he is now owed almost $7,000.  The employer is also not paying the employees' taxes and the workers were not given W-2 forms, so they cannot file their taxes.

According to sources, casino workers were hired from Tinian to work in the casino. They had no place to stay so the casino pays for them to stay in a hotel in Songsong Village. According to employees, they eat some meals at the Rota Hotel.  The hotel employees-slaves who are not getting paid wait on the casino workers who are getting paid. They also eat some meals at the As Paris Restaurant in Songsong Village near the hotel where they live.  The casino charged their meals and an employee said that the owner of As Paris took the Rota Hotel's van as collateral until the hotel coughs up the money to pay their tab for casino workers' meals.

Watanabe Masahiro, president of the Rota Treasure Island Casino and Hotel, reportedly invested $25 million in the Rota Treasure Island Corp. casino venture. So what happened?  The Marianas Variety reported he left the island in December 2010 looking for casino customers, but never returned.

The Tinian Hotel and Casino still owes its workers months of salary.

The Rota nurses haven't been paid since October 2010. Again, Rota officials act like they just learned about this, but that is not the case.

Additionally, an email from a nurse who lives on Saipan stated that the nurses have not received their housing allowance that was due February 1, 2010.  This is not the first time the allowance has been delayed.

Across the CNMI there are hundreds, if not thousands, of workers who are being cheated. If the cheated workers are afraid to complain until the uncertainty is settled and a working system is in place, at least they should keep a record of every hour worked, all overtime hours, and every illegal deduction.   Maybe someday down the road the pay can be collected.

Attend Hearings and March!

February 23, 2011

FEBRUARY 24 SAIPAN

Nonresidents and supporters will meet at 4:00pm at Kilili Beach and march to the Multi-Purpose Center. Please contact Rabby 671-888-4025 (United Workers Movement), Ronnie Doca (FILCOWA), Itos Feliciano (Human Dignity Movement) or leaders of the Chinese or Korean communities for more information.

FEBRUARY 25 TINIAN
Nonresidents and supporters: Rabby Syed will be at the Tinian Elementary School at 3:00pm to meet you. For more information call 671-888-4025.
___________________________

All nonresident workers who want to have a voice in determining their future are encouraged to attend the upcoming Senate Hearings concerning status for the long-term workers. Please bring signs and written testimony expressing your personal views on status and telling how long you and your family has lived and worked in the CNMI. You may submit copies of previous letters that you have sent to the U.S. Congress through Wendy Doromal, if you like. Also, those who cannot attend the hearing may submit testimony for the U.S. Congress through Rabby Syed (contact at 671-888-4025), Ronnie Doca, or Itos Feliciano who will send the copies to human rights advocate Wendy Doromal who will distribute them to Congressional committees and U.S. officials. You may also send your testimony directly to Wendy Doromal via email: doromal@earthlink.net .

Pursuant to 1 CMC 8 9904A written comments may be submitted to the Office of Senator Jude U. Hofschneider Honorable Jesus P. Mafias Memorial Building Capitol Hill Saipan prior to the convening of the hearing or at the hearing. Oral testimony may be presented at the public hearing. If you wish to present oral testimony please inform the Chairman no later than 24 hours prior to the public hearing.


WHY MARCH? WHY ATTEND A HEARING?

The draft Senate report is flawed because it is based on the lie that the U.S. Department of Interior did not allow officials from the CNMI the opportunity to submit their views on status for long-term nonresidents. The officials had two years from the time the bill was passed, and many face-to-face meetings with Assistant Secretary Tony Babauta; however, they failed to express their views or submit a statement.  (See The Lie for complete details of meeting dates and failed opportunities.)

The draft Senate report claims that the majority of the nonresidents are fine with disenfranchisement, or an FAS-type status, which is untrue. Most nonresidents consider "improved status" as U.S. status that includes full social and political rights, or hope for a green card with an unobstructed pathway to citizenship. The draft Senate report ignored the written testimony submitted by the United Workers Movement, which outlined the demands of our petition with over 7,000 signatures asking for green cards and a pathway to citizenship for the legal long-term CNMI nonresidents. The UWM will be re-submitting their testimony. All nonresidents and their supporters are invited to add their signatures to the testimony.


The draft Senate Report denied the existence of systematic, commonplace and ignored labor abuses that thousands of nonresident workers suffered for decades under the dysfunctional CNMI labor and immigration system. Certain rights belong to every human being as outlined in the United Nation Declaration of Human Rights. Certain constitutional rights belong to every person as long as they are on U.S. soil.  Every person has the right be paid for every hour that they work, but under the CNMI labor and immigration system many nonresident workers were denied of this fundamental right. The nonresident workers who were abused or cheated of wages deserve to be paid the full compensation that is owed to them.

I will be joining with CNMI worker groups to appeal to U.S. officials and international bodies for help in requesting reparation so these victims may be made whole.

Attend the March and Hearing!

February 20, 2011

There are several reasons I support the United Workers Movement and Human Dignity Movement in urging nonresidents and their supporters to march to the Multi-Purpose Center and attend the Senate hearing on February 24th:

To Decry the Dehumanization of the Nonresidents
"I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of rights." ~Bishop Desmond Tutu

Any policy or law proposed by elected officials or those in power that provides a provision that is not equally applied to all community members can only promote division, inequality, and a multi-tiered society.  Such policies often have discriminatory roots that single out a group based on race, nationality, gender or other qualities.  They are "us versus them" proposals or "ours versus not yours" arguments.  In our history there are many examples of divisive laws that have shredded the fabric of our democracy including the Jim Crow Laws, segregation laws, and the denial of the right of women to vote.

Arguments to defend unjust or exclusive proposals usually contain subtle suggestions of racism, superiority or the quest for power.  There are some common words and phrases that often precede shaky arguments used to justify or rationalize these laws and policies. One such phrase is at least.  "At least they can stay and work and that's why they came here."; "At least they earn more here than they could earn in their homelands."; "At least the legislation passed, even though it didn't contain the most important provision."; "At least they got some of the pay that was owed to them." At least is used too often to dismiss, excuse or deflect from prejudicial or unjust statements, acts, laws, or policies.

At least has a sister called except for and a brother called excluding.  Laws that exclude major segments of the society from full participation are dehumanizing and support the argument for a two-tiered society or the existence of privileged and unprivileged classes.

Our nation should move forward in establishing laws that ensure equal rights for all community members, not take steps backwards in excluding some who deserve to have full social and political rights. We need to unite and speak out against laws that deny social and political rights to long-term nonresidents.

In 1917 President Theodore Roosevelt stated, "Never under any condition should this nation look at an immigrant as primarily a labor unit. He should always be looked at primarily as a future citizen." Those words ring true today.

To Protest Supremacy, an un-American Principle
"It is not possible to be in favor of justice for some people and not be in favor of justice for all people."
~Dr. Martin Luther King, Jr.

Any proposed status that suggests disenfranchisement is based on supremacy and exclusion.  How can the same people who argued that it was perfectly fine to bring in so many foreigner workers that they actually became a minority in their own land, now argue that they fear that they will become a minority in their homeland if the foreign workers are given green cards or citizenship? The CNMI leaders are the ones who brought in the workers and approved laws that allowed them to become long-term and invested community members by allowing annual renewal of their contracts.  Their message is that it is fine to have the long-term workers in the CNMI as long as they remain a disenfranchised underclass; as long as they remain voiceless and any decisions about their civil, political and social rights can be controlled by CNMI elected officials.

The Senate report states that the "majority of the people" do not want long term residents to vote or have a voice in their community. Even though I doubt that the "majority" feels that way, the argument makes little sense.  Any U.S. citizen could move to the CNMI and within a matter of months have the right to vote, but a long-term nonresident of 5, 10, 20 or more years would never have the right to vote or serve on a jury if CNMI officials had their way.  How is that right?

States and territories should not determine federal law or who is granted U.S. status such as green cards or citizenship.  It was stated that a main purpose of PL 110-229 was to apply one consistent immigration law to U.S. states and territories. Permanent disenfranchisement from communities on U.S. soil is not compatible with U.S. immigration law or American ideals.

Dehumanization of a segment of society is endorsed to deny rights, to maintain supremacy, to protect the perceived rights of the ruling class, to keep an underclass at a safe distance, and to maintain authority. It leads to oppression. It is un-American and must be protested.

Cesar Chavez said, "What is at stake is human dignity. If a man is not accorded respect he cannot respect himself and if he does not respect himself, he cannot demand it." If people want human dignity and rights, they must stand up for them.

To Condemn Lies and Untruths
"Each time a person stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, these ripples build a current that can sweep down the mightiest walls of oppression and resistance." ~ Robert Kennedy 

Those who allow lies or untruths to stand without challenging them are, in fact, condoning them, and allowing them to prosper. We have an obligation to expose and object to untrue statements or falsehoods in published reports made elected officials or those in positions of power.

It is a bold lie to deny the systematic, prevalent and serious labor abuses including the routine theft of wages that adversely impacted thousands of foreign contract workers, as was stated in the draft Senate Report. It is doubly offensive that the criminal employers who stole from the workers were never punished and never faced any consequences.  Every nonresident worker who is owed any money from a current or former employer should march and appear at the hearing to protest this gross injustice that was dismissed and condoned by CNMI elected officials.

It is not truthful to say that the majority of the nonresidents support merely the ability to have a "stable status" that allows them to continue to work in the CNMI without social or political rights. Clearly the marches, rallies, petitions, testimony and reports to U.S. Congress and officials shows otherwise. The majority of the nonresident workers have expressed that they want green cards and U.S. citizenship.

The draft Senate report omitted the voice of a major segment of the CNMI including testimony representing 7,000 residents and nonresidents who signed a petition asking the U.S. Congress to provide green cards and a direct pathway to citizenship for the long-term nonresidents of the CNMI.  It is deceitful to include only testimony that backs the wishes of the elected CNMI officials and to omit conflicting testimony and such actions should be challenged.

Previous statements and testimony made by nonresident leaders prove that most nonresidents seek green card status that will lead to U.S. citizenship.   Here are some quotes from statements and testimony supporting green cards and a pathway to citizenship:

Rabby Syed (Nonresident worker leader) Testimony to Senate submitted August  2010: 

"We appeal to the members of this Senate committee, and to all the leaders of the CNMI, to support long-term U.S. status and a pathway to citizenship for CNMI guest workers. We have grown to love the CNMI during the course of our many years in these islands. Our families and friends are here. Our home is here. We have dedicated our lives to building and developing this great commonwealth, and we, too, are your constituents. For the sake of our families, the workforce, and the economic recovery of the CNMI, we ask for your support of our request to U.S. Congress for long-term status and a pathway to citizenship."

Itos Feliciano (Nonresident worker leader) Testimony to CNMI Senate February 2011:
"As we have appealed to the U.S. Congress, we appeal to the members of this Senate committee, the CNMI Legislature and to all the leaders of the CNMI, to support long-term U.S. status and a pathway to citizenship for the legal long-term CNMI guest workers, for the legal long-term workers who have lived and worked in the CNMI for five or more years."

Rene Reyes (Nonresident worker leader) Statement to U.S. House CODEL, August 2009:
"We hope that you will consider our pleas and establish a just and democratic guest worker program and immediately act to ensure the security and well-being of thousands of U.S. citizen children and their families by granting us permanent U.S. status and a direct pathway to citizenship."

Bonifacio V. Sagana: (Nonresident worker leader) Oral Testimony to House Committee Hearing, August 15, 2007: 
"We continue to believe that long-term alien residents of Saipan should be admitted to U.S. lawful permanent residency, with a path to citizenship should they choose it, rather than the lawful non-immigrant status proposed by the bill..."

Moody Marie Binuya (Nonresident worker) Statement to U.S. House CODEL August 2009:
"We look forward to November 28, the implementation date of Public Law 110-229, with hope and anticipation that the new federal immigration system will be fair and flexible, and will allow us and our families to stabilize our presence here during the transition period. And we urgently request that you to take the next moral and much-needed step to deliver justice in the CNMI by moving quickly to grant us permanent U.S. status and a pathway to citizenship."

CNMI residents have also expressed support of U.S. citizenship status for nonresidents:

Former CNMI Representative Tina Sablan: As quoted by the Saipan Tribune July 2, 2010:

“What is it that some of us are so afraid of?”

Sablan was referring to some indigenous people's reasons for opposing the Interior recommendation, especially the apparent fear that someday these non-indigenous will also have an opportunity to vote or participate in other political processes.

“Is that really something that threatens our indigenous cultures? If so, how? Explain that to me. I am a person of Northern Marianas descent, I don't understand that. I grew up with children of guest workers and guest workers-they're my teachers, friends, classmates, co-workers, and I'm not afraid of that,” she told lawmakers and other community members.

Sablan said it is not right that members of the CNMI community for over five to 20 years have never been allowed to participate in the political process, adding that this goes against the expectations for the CNMI as a member of the U.S. family.

“I think it's important to emphasize that in the Covenant, we agreed that federal immigration law could be applied at anytime, by the act of U.S. Congress. We also recognize the right of U.S. Congress to grant U.S. citizenship. Even though we're having these hearings and we're discussing this issue, at the end of the day, it is a national decision that has to be made, and it is not up to anyone of us in the CNMI and even in any other state to decide on its own the future U.S. status of [other foreigners],” she added.


Ron Hodges (CNMI resident) Chamberonomics 115 - Welcome to Saipan, to CODEL August 2009:
"A final concern still unanswered and causing much uncertainty is a key issue that initiated federal legislation, and that is what to do with legal contract guest workers. This administration and many foreign owned businesses don’t want them to leave, don’t want their wages to increase, don’t want them to have the right to change employers, and they still want to retain the status quo of servitude. Some want older CGWs deported because they are owed at least 6 million dollars in judgments for non-payment and to replace them with a younger class of guest worker. This is further complicated by the well being of thousands of U.S. citizen children who have resided here their entire lives. The only logical answer is to improve the status of legal workers here with an unobstructed path to U.S. citizenship."

Professor Rose Villazor ( Hofstra University School of Law Associate Professor, former CNMI resident, daughter of former nonresident workers) Statement to CODEL August 2009:

"The Virgin Islands experience with the guest worker program, and Congress’s decision to ultimately terminate that program and rectify the problems it created through the granting of permanent residency, offers compelling insights and precedent for similar congressional action to grant permanent residency to guest workers in the CNMI. In the Virgin Islands’ context, the failure to grant permanent residency would have been been deemed problematic for social, humanitarian, and political reasons. Not granting permanent residency to guest workers in the CNMI context poses similar problems as well. Congress should seriously consider and ultimately pass legislation granting permanent residency to the CNMI’s guest workers and their noncitizen family members, and thereby address the undemocratic consequences and humanitarian problems that are and have been associated with the CNMI’s guest worker program."

There are, of course, hundreds of letters, testimonies and statements from many other people who support U.S. citizenship as a status for long-term foreign workers. A petition initiated by the faith-based community of Saipan in May 2010 received 1,038 signatures. As reported, a petition initiated in November 2009 and delivered in February 2010 gained about 7,000 signatures all supporting U.S. citizenship for long-term nonresidents. Additionally, there is currently a petition online calling for President Obama to extend benefits and protections to the alien workers until a more permanent status is determined.  It  has 794 signatures and you can still sign it here!

To Keep the Cause Alive! "Our struggle is not easy. Those who oppose our cause are rich and powerful and they have many allies in high places. We are poor. Our allies are few. But we have something the rich do not own. We have our bodies and spirits and the justice of our cause as our weapons." ~Cesar Chavez

No movement was ever advanced by silence. Whispers from the CNMI nonresidents will never be heard in Washington, DC. Change isn’t going to be enacted by those in power unless those without the power force the issue and keep it in the spotlight. The only way that we can keep this issue alive is to keep speaking up, writing letters, submitting testimony, signing petitions, rallying, marching and attending meetings, forums, vigils, and hearings.

When the governor and those wishing to maintain the broken labor system successfully had the grandfathering provision removed from the federal legislation it changed the original intent of the law and placed a huge burden on those nonresidents who have worked and lived in the CNMI for years.  The DOI Report was issued last year and now it is time for the U.S. Congress to act on it.  It could be this month, this year, or not until a more bipartisan Congress convenes down the road. But Congress will act.

Those who support a just and democratic guest worker program in the CNMI and in the mainland, support opportunities where foreign workers and immigrants have control over their destiny and the destiny of their families. They embrace the words of President Barack Obama: "In America, no dream is beyond your grasp if you reach for it, and fight for it, and work for it." Attend the march and hearing!

Public Hearing Dates:


Saipan: Thursday February Feb. 24th, 6:00pm at the Pedro P. Tenorio Multi-Purpose Center in Susupe

Tinian: Friday, February 25th, 6:00pm at the cafeteria of Tinian Elementary School

You can share your opinions with:

• Signs
• Letters - Document your preference for status to give to the legislators and keep a copy. Any copies (emailed, mailed or scanned) that I receive will be delivered to appropriate members of Congress and officials in Washington, DC 
• Oral presentation - prepare short oral remarks. All remarks must be presented 24 hours in advance

On Saipan nonresidents and their supporters will be meeting at Kilili Beach on February 24, 2011 at 4:00pm. At 5:00pm they will walk to the Multi-Purpose Center in Susupe for the Senate Hearing. Please bring signs and written testimony expressing your personal views on status and telling how long you and your family has lived and worked in the CNMI. You may submit copies of previous letters that you have sent to the U.S. Congress through Wendy Doromal, if you like. Copies of your testimony will be sent to the U.S. Congress for consideration.

Those who cannot attend the hearing may submit testimony for the U.S. Congress through Rabby Syed (contact at 671-888-4025), Ronnie Doca, or Itos Feliciano who will send the copies to human rights advocate Wendy Doromal who will distribute them to Congressional committees and U.S. officials. You may also send your testimony directly to Wendy Doromal via email: doromal@eartthlink.net .