Wednesday, July 23, 2008

Wednesday, August 20, 2003 (continued) ~ Pohnpei


Beginning with my June 2008 post "It's Been Five Years," the following is the continuing story of my travels from the United States into Micronesia ~ Pohnpei, Guam and Saipan ~ and my life since June 2003.



Wednesday, August 20, 2003 (continued) ~ Pohnpei

Tommorrow, I'm sitting in on a "negotiation" involving a Taiwanese fishing transport ship whose manifest showed they were supposed to have 16 sailors on board but only 11 showed up in port. Where are the others? Six of those who were on board had expired "sailors cards" (something like that, a sailor's version of a passport - under International law, they don't require passports, the captain's manifest or log is enough if their cards aren't expired.). So, they're illegally in our waters. We've seized the vessel, and tomorrow, we'll "negotiate" a financial way for them to get out without charging them criminally. Plus, the vessel is owned by a nationally (FSM) chartered fishing corporation, with separate private counsel.

I've given advice on tax matters, a proposed bankruptcy law, insurance matters, customs and duties cases. I've looked into eviction proceedings of squatters who took over a nationally leased copra warehouse and set up a store in it. Land dispute issues here are far from simple for someone of my training. My background back home is in civil rights, administrative and employment law. I have no practical experience in any of the stuff I'm working on. But I'm back in learning mode, and loving it. Things are so simplified here, so reduced from the ages-grown complexities of American and English law, that I'm learning to ride the waves, read the law (such as there is) and go by my common-sense instincts, combined with trying to incorporate local custom.

We sub-contract (sort of) the housing of national prisoners to the state police, with "Joint Law Enforcement Agreements." The state of Chuuk ("Truk") isn't cooperating, and our JLEA has expired. Our prisoners haven't been fed, and we could be liable. This is an area I DO know about, and the law here is pretty plain that we could be liable, if a claim was brought for prisoner abuse. We have to get our prisoners out of there.

I've already shared about the tensions on Chuuk between them and FSM because of three cases I've inherited involving a local mayor and clan chief, accused of election law violations in two cases and crimes of violence against FSM officials in another. Somehow I doubt I'll get to dive any wrecks out there. I mean, I don't want my regulator hose cut, y'know?


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