Announcements

Secretariat
18 Strahan Road
London E3 5DB     

3 December 2008

Ijaw People’s Association of Great Britain & Ireland (IPA) in collaboration with Bayelsa Union of Great Britain & Ireland.

Will hold their Christmas and End of year party on Saturday, 27 December at
Hi – Klas Arena, 150 Homerton High Street, Unit 13 –20, behind Eko Restaurant,
London E9 1JA.

Time: 6pm till late

For more information : 07944542320

BAYELSA STATE UNION OF GREAT BRITAIN & IRELAND

Invites

All members of the  Ijaw Peoples Association, UK (IPA), sons and daughters of the Ijawland, Niger Delta and all lovers of Bayelsa state.

To the

Bayelsa Union Fund-Raising Event

As part of the Black History Month (October) in the UK, Bayelsa State Union of Great Britain and Ireland is celebrating the rich culture of the people of Bayelsa State of Nigeria, and to raise funds to procure equipment and facilities for the prevention, treatment and management of diabetes and hypertension in Bayelsa State.

The event will feature: -   • Discussions on Bayelsa & Niger Delta Development     • Cultural dance
• Owigiri • Ogele dance•    Ijaw wrestling match•   Display by the Bayelsa State cultural troupe

Date of Event: Saturday 11th October 2008

Time: 4pm till 1am

Venue: The Round Chapel, 1D Glenarm Road, Hackney, London, E5 0LY

Dress Code = Formal/Traditional

Contact: Ebiye Asuka    (Tel: +44 7875756905, Email: secretary@bayelsa.org.uk)
       
  Dr Prince Efere             (Tel: +44 771 333 1997, Email: president@bayelsa.org.uk)

Website: www.bayelsa.org.uk  Email: info@bayelsa.org.uk

http://adakaboro. org:
VP NDTC Inaugural Speech

Vice President Jonathan's Speech at the Inauguration of the Technical Committee on the Niger Delta ADDRESS BY DR. GOODLUCK EBELE JONATHAN, GCON, VICE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA ON THE OCCASION OF THE INAUGURATION OF THE TECHNICAL COMMITTEE ON THE NIGER DELTA, 8TH September, 2008 PROTOCOL. Let me begin by thanking all of you for accepting to serve in this very important national assignment. On behalf of the President and the Federal Government of Nigeria, I welcome you to o...

http://adakaboro. org/ndtc2008/ 87?task=view

Editor at Adaka Boro Centre has also sent you this message: \"Wherever a report on the Niger Delta exist and you can reach, I urge you to have them ferreted out; examined as thoroughly as you can and make suggestions for Government’s necessary and urgent action. On behalf of the Government, I want to assure you that you recommendations will not be treated with levity.\"

http://www.adakabor o.org:
ROOTS AND WINGS: Random Thoughts on Niger Delta Militancy.

BORO DAY USA 2008 ROOTS AND WINGS Random Thoughts on Niger Delta Militancy. (Acceptance speech delivered by Prof. Ebiegberi J. Alagoa at the Boro Day 2008, New Jersey, USA) I The last invitation I received from INAA was to give a keynote address at Boro Day 2003. Today, INAA has invited me to receive its prestigious award for Service and Devotion. My wife, Dame Mercy Alagoa and I, are most grateful to INAA for this invitation and this honour. This is, without doubt, an occasion...

http://www.adakabor o.org/events/ boro-day/ 77?task=view

THE NEW UK IMMIGRATION LAWS SORT APPLICANTS ON THE BASIS OF THEIR USEFULNESS TO SOCIETY:

The history of British nationality law is a story without a central character culminated in inconsistency of events since the post-war era. The first major immigration legislation of the post- war period was the commonwealth immigrants’ act of 1962. It was enacted on the grounds of unemployment, overcrowding and to foster racial harmony. In the argument of unemployment, the changing requirements of British capitalism in the 1960’s necessitated the shift in state policies on new commonwealth immigrants from settlers, citizens to contract workers. The shift would preserve the stratum of cheap labour for the British economy to carry out essential jobs, which the indigenous white workforce will refuse.

 we can argue that since 1971 act the number of work permits issued has fallen as the British unemployment rate has fallen.
Furthermore, the 1971 act also effectively discriminated against black workers by the introduction of the concept of patriotism which was intended to give the right to residence to persons with close ties to Britain. In practice, the majority of overseas patriots have been found in the ‘white’ commonwealth of Canada and Australia.

The European community and other foreign sources have, on the other hand, contributed a rising proportion, being responsible in 1989 for rather more than half of the total number of immigrants. This indicates that even this post war legislation has been essentially an exclusive policy rather than one of immigration.

Hall et al (1978,p299) argued, it is from the inception of these acts that we find “the really tough hassling” of the immigrants community – the police fishing expeditions, the inspection of passport and documents, the routine spot checking of people on the streets ( suspected illegal immigrants), the heavy surveillance of ghetto areas and raiding of social centres. This lead to a huge uprising, demonstrations and debates in the history of Britain.

In the post-war era immigration, British politicians saw immigration and race relations as emotional, irrational and intractable matters, not amenable to the reason, negotiation and compromise which characterized economic and class issues of society.

Regarding employment and economic problems, at the above time the British should have thought of immigration as the resolution to economic foes, instead of as an irrational matter. Some political parties behaved as if the economic health of the country was the furthest thing from their mind. One thing they failed to understand is at this period, most immigrants came for pursuance of education not to do menial jobs. More people were going out than entering.

However, according to social trends, the governments’ annual statistical survey, the aging population after the Second World War has meant that death will exceed the birth rate by the year 2030. This indicates that the working population will again decline where immigration will again become a balancing legislation needing a review, a repeat of history. A total review of immigration laws. Thus demonstrating that immigration is not a new phenomenon in Britain. Remarkably, this is the biggest shake up of the immigration system in its history, and an experienced upheaval. As a result immigrants since the eighteenth century have always been met with legislative measures.

Excerpts from research: Tuburu.E.T (1999) The post- war immigration legislation of the UK has been the most constitutionally significant legislative programme in the nation

HIGHLY SKILLED MIGRANTS UNDER THE POINTS BASED SYSTEM {PBS}
These new laws are based loosely on an existing Australian scheme, which has become increasingly complicated according to some sources, the UK government recently announced a ‘points- based’ system through which immigrants would be graded and admitted (or not) to work in Britain.
An individual’s value to society would be evaluated according to his or her aptitude, experience and age, then the final score placing the person on one of five tiers. Existing employment route for low-skilled workers from outside the EU would be ended. All but an elite group of highly skilled migrants would need a UK sponsor to vouch for them. Why the inclusiveness? Give me your engineers, surveyors, computer scientists, managers, your huddled entrepreneurs yearning to breathe life into our economy. The elderly? Weak? Dependent? Poor? Thanks, but no thanks.

Nevertheless, the answer is not obvious and we must not be carried away with emotions at such enactments. There are three main points worth considering.
Firstly, we are talking about immigration not asylum. To rate those claiming asylum according to their usefulness would indeed be contravening the law and perhaps morally unacceptable. To do the same to applicants who are making an open, informed free choice to participate within a society is another matter.
Secondly, Britain is a society that is known to enforce civil liberties and with so many rights that comes with it. To mention a few, social support and welfare provision in all its various ramifications. It would constitute a peculiar imbalance to guarantee individuals those rights with no commensurate contribution on their part.
Lastly, immigration control should be taken seriously because it tells us not only about a country attitude to those without, but also to those within it. Invariably how a country treats its immigrants indicates a reflection of it’s commitment to civil liberties. It is less well recognized that through its definitions of belongers and non -belongers, or desirables and undesirables, a community is able to define the sort of internal society it wants. Therefore, a government may use immigration laws as well to define its internal political priorities.
Having analysed the whole system, it could be said that point based system may make a positive contribution to the welfare state thereby enhancing the lives of the vulnerable in society if this is the case. Or because between 2001 and 2005, migrants contributed 15% to 20% of the growth in the UK and contributed to approximately £6 billion to output growth in 2006. So what is the challenge therein? Would it yield anticipated contribution? The hard truth is that when I lift my eyes and look around the world, I do not see this pattern of inclusive proposals going away I see a systematic discrimination that is evolving,

What are the new tiers?
There are currently over 80 different application routes to work or study in the UK. It is hoped that the majority of these will be encapsulated into one of the following five tiers:

• Tier 1 – Highly Skilled Individuals to contribute to growth and productivity

The tier is aimed at attracting the most highly skilled workers and will replace the current HSMP scheme and points will be awarded on a similar basis to the current scheme. This tier will also include post-study work applications (replacing the current IGS), entrepreneurs and investors.
Highly skilled migrants will be free to seek employment anywhere in the UK and these applicants will not be required to have a sponsor, making it easier for employers to take on such migrants. These migrants will be required to have English language skills at Council of Europe level ‘C1’.

• Tier 2 – Skilled workers with a job offer to fill gaps in the UK labour force

This tier will replace the current work permit schemes and will be available to migrants who are filling a particular job within the EEA, which no suitable worker from the EEA could fill. The applicants must pass the “Resident Labour Market Test” or RLMT, meaning that the jobs must be advertised for at least two weeks. This is similar to the current system and is a tool used to protect the domestic labour force.
These migrants will be required to show English language skills at level ‘B2’ (approximately ‘C’ grade at GCSE).

• Tier 3 – Low Skilled Workers to fill specific temporary labour shortages

(The implementation and design of this tier has been frozen until Bulgarian and Romanian quotas are lifted.) When this tier is developed, it is likely that it will be quota-based and permission to work will be strictly time limited.

• Tier 4 – Students

These applications are available for those students who want to come to the UK to study for six months or more – the educational institution will be the sponsor. The leave will be tied to the institution but not the course of study.

• Tier 5 – Youth Mobility and Temporary Workers

This tier will replace the current working holidaymaker scheme. It will cover, for example, creative workers and sportsmen and women.
What is sponsorship?
It is believed that those who benefit from migration should help in maintaining the integrity of control, and therefore the leave granted to migrants will now be tied to a sponsor (sponsors are not required for Tier 1 applicants). A certificate of sponsorship will be issued by the sponsor asserting that the applicant is suitable.
Employers will be required to be on a list of licensed sponsors and will be required to show the following:

• it is a bona fide establishment;
• it is registered with HMRC and have audited accounts; and
• it is registered with the appropriate authorities.

Sponsors will be under a duty to report to the authorities if the migrant fails to show up to work and provide details to the Border & Immigration Agency on request.
All sponsors will be graded, either ‘A’ or ‘B’. The ‘B’ rating is transitional and gives sponsors who have not complied with the regulations a chance to get their ‘house in order’. If a sponsor does not improve, it is likely that their licence would be withdrawn. A licence will also be withdrawn if a key person in an organisation is convicted of a serious immigration offence.
No more work-permit applications!
The current work-permit scheme is being completely replaced by a new licensing and sponsorship system, introduced under the Government’s much trumpeted points-based regime.
Some of the finer details of how the scheme will operate have yet to be spelt out. But we do know that, by the end of this year, an employer will need a licence before it can sponsor any foreign workers. Once granted a licence, an employer will have access to an online ‘sponsorship management system’ which will allow it to issue a sponsorship number to any foreign national it wishes to employ. The individual will then use this number to apply for a visa or permission to be in the UK.
This means employers will no longer have to submit work permit applications to Work Permits (UK) in Sheffield. Instead, they will effectively be able to issue their own work permits via their licensed access to the online sponsorship system.
Licences will be required to be renewed every four years.
However, there are inevitably some anomalies and unanswered questions that will need to be addressed, for example:
UK Students will only be able to switch into Tier 1 and will no longer have the option of switching in country into work permit employment.
Are employers who recruit at graduate entry level happy to have their new recruits issued with a blanket permission to work in the UK under Tier 1, rather than being tied to them under a work permit?
The Tier 1 sub-category of Post Study Work will enable UK students to work for up to 2 years in the UK following completion of their study, but will not count towards the qualifying period for settlement. Will this really be such an attractive option for migrants looking to base themselves here?
The maintenance test imposed for Tier 1 migrants (apart from investors) applying from overseas would require a migrant with a spouse and 3 dependent children to show funds of at least £6,800, irrespective of where in the world they currently live. We assume that funds provided by way of an advance from the employer will be accepted, but will bank loans also be acceptable? And are employers happy to have to take on this additional financial burden? Citizens of 17 countries will be exempted from the English language requirement, as English is deemed to be the majority language in these countries. It is interesting to note that South Africa is not included whereas Belize is (where according to one source only 3.9 % of the population speaks English as a first language).
The Government has published a Statement of Intent for both Tier 2 and Tier 5 of the new Points Based System for immigration (“PBS”) on the 6th May 2008. Although the Government reserves the right to change the details as deem fit. Government has announced these Statements as “strict new criteria” that will allow for “much tighter skilled and temporary worker migration”.    
Time Frames
All the proposals in this article are subject to final confirmation, but the general principles of the five tiers and the introduction of sponsors are unlikely to change. Tier 1 had already been launched with Tiers 2 and 5 in the third quarter of 2008 and Tier 4 in the first quarter of 2009.  
Biometric information will need to be provided by all migrants by the end of 2008.
More controversially, full appeal rights are being replaced by an internal administrative review – therefore decisions will only be overturned if there has been an error of fact. So employers are encouraged now to start planning for the new regime, and to take special care that applications under the existing system do not damage their prospective sponsor’s “credit rating”.
Additional changes had been announced as part of the country's on-going comprehensive immigration and border security reform program. These include rules for refusal of entry and cancellation of stay for foreign nationals who make false representations in their immigration applications, and lengthy bans from re-entering the U.K. following immigration violations.  These became effective February 29, 2008.  
As from February 29, an application for a U.K. visa ("entry clearance") or permission to remain in the U.K., if already present ("leave to remain") will be refused if the applicant has made false representations, including the submission of false documents (whether or not material to the application or to the applicant's knowledge) or the withholding of material facts, in his/her application. Immigration authorities now must refuse applications in such cases, whereas discretion was previously permitted. Similarly, foreign nationals waived of the entry clearance requirement may be refused at the port of entry if the Immigration Officer believes the individual is making false representations to attempt to enter the U.K.
Also effective , an applicant who has already obtained entry clearance or who already has other permission to be present in the U.K. may be refused entry to the U.K. and/or have his/her immigration permission revoked if the Immigration Officer believes he/she made false representations in the application process.
From April 1, 2008 applications for entry clearance or leave to remain in the United Kingdom will be refused if the applicant has previously violated U.K. immigration laws by (a) overstaying; (b) violating a condition attached to his/her leave; (c) entering without authorization; or (d) making false representations in an application for entry clearance or leave to enter or remain. The same rules apply to individuals waived of the entry clearance requirement who are seeking to enter the U.K. Certain exceptions apply for violations committed more than ten years ago, periods of unauthorized stay of less than 28 days, or if the foreign national has been outside the U.K. for a significant period of time since the violation.
In addition to having their applications refused, effective April 1, 2008, foreign nationals who make false representations in their applications will be banned from re-entry for 10 years. Individuals who departed the U.K. at the Government's expense will be required to repay the expense associated with their departure before they may re-enter the U.K.
EMPLOYMENT LAW UPDATE

Permission to work and leave to remain

Kelly v University of Southampton UKEAT/0295/07    

In this case the EAT considered a claim for unfair dismissal by an employee who was dismissed because she no longer had leave to remain in the UK . Her work permit however still subsisted. The EAT held that it was not automatically reasonable to dismiss an employee where continued employment would breach a statutory enactment. It also held that whilst it is reasonable to expect employers to ensure that their employees continue to have permission to work in the UK Parliament could not have intended them to police the continued existence of their employees leave to remain in the UK .
The employee, a US citizen, had permission to work for the employer for 60 months, but her leave to remain expired after only 48 months. She was dismissed as the employer took the view that it could not continue to employ her as doing so would be committing a criminal offence. It was held that the employee was permitted to work under the immigration rules even though her leave to remain had expired. In those circumstances her dismissal was automatically unfair
UNFAIR DISMISSAL
In Klusova v London Borough of Hounslow the employee in question was dismissed when her immigration leave to remain in the UK expired. The employer argued that it was a fair dismissal - relying on the rarely used s 98(2)(d) of the Employment Rights Act. As she was an illegal ‘overstayer’, it would have been ‘a contravention of a statutory duty or enactment’ for her to continue to work in the position which she held.    
Unfortunately for the employers the evidence was that, under immigration law, if, when an individual’s leave to remain in the UK expires, they have already made an application to the Home Office for an extension to it, then it is not illegal for that individual to continue to work in the UK until that application has been decided upon by the Home Office.
However, the employers did succeed in their alternative argument that, as they dismissed through a genuine but mistaken belief that it would have been illegal to continue to employ her, this could count as 'some other reason justifying dismissal' to make an otherwise unfair dismissal fair.
Nevertheless, the claimant still succeeded to a certain extent because the employer had failed to follow the statutory procedures and so the dismissal was automatically procedurally unfair.

Points to take into consideration:

• Where s 98(2)(d) applies, the employer does not have to use the statutory dismissal procedures before dismissing the employee (see Reg. 4(1)(f) of the Dispute Resolution Regulations). However, to avoid making the mistake of the employer in Klusova, it may be safer to use the statutory procedures in any event.
• The penalties for employing illegal workers are severe – and about to get more so., if an employer negligently employs an illegal worker it could face a fine of up to £10,000. If the employer does so knowingly, it could face an unlimited fine or its responsible officers could even face imprisonment.

CHARITY
The Charity Commission has recently published a revised and updated timetable for the development of its advice and guidance for charities on ‘public benefit’. This follows a consultation exercise carried out by the Charity Commission on draft guidance on the principles of public benefit.

Late March 2008: Expected date for public benefit provisions to come into force.
July – December 2008: Supplementary guidance on public benefit to be published.
March 2009: Charities will begin reporting on public benefit as part of their annual reports to the Charity Commission.
As a reminder the Charities Act 2006 (“the Act”) makes it a requirement of all charities, including those which provide for the advancement of education, must be able to demonstrate that they are established for the public benefit. Under section 4 of the Act, the Charity Commission for England and Wales must issue guidance in relation to the public benefit criteria and carry out consultation before doing so. Once the guidance is published and the public benefit provisions in the Act are in force, trustees will have a duty to consider it and take a view whether their charity meets the requirement.
NOTE
Facts are correct to the best of my knowledge even at the time of going to press. It’s however, written as a general guide, so it is recommended that specific professional advice be sought before any action is taken. Besides, these updates are aimed at providing info on most recent developments in the UK, but also an insight in keeping abreast on proactive basis.
Elizabeth Tuburu 
Member of IPA (UK & Ireland)

An Ijaw son, Mr. Inemo Samiama wishes to announce the launching of his online music label called Ten Fingers Productions. It is an eclectic music, arts and merchandise website containing lots of music by various artists including Tamir (German based Pop & R&B artist), Bab (French Hip Hop act), Dalvin (French R&B artist), Xumo (Multi talented Pop artist based in France and Spain), Sonny D (German based Afro Pop act) and Inemo (London based Ijaw international artist). The website contains over 150 songs including 15 albums from Inemo. There are several Ijaw songs with different flavours ranging from highlife, Afrobeat, Reggae, Drum&Bass and many others.

http://www.tenfingersproduction.com

We have recently signed a deal with one of the major online music distributors, so we are calling on all Ijaw Artists interested in selling their products on our site and on all major online shops such as itunes, napster, rapsody, emusic, amazon and many others should contact the artistic director of Ten Fingers production on tfplabel@live.com or 00447944542320.

SWEET CRUDE: A FILM ABOUT THE NIGER DELTA IS ALMOST READY
In a small corner of the most populous country in Africa, billions of dollars of crude oil flow under the feet of a desperate people. Immense wealth and abject poverty stand in stark contrast. The environment is decimated. The issues are complex, the answers elusive.
Sweet Crude, a documentary now in post-production, tells the story of Nigeria’s Niger Delta. The region is seething and the global stakes are high. But in this moment, there’s an opportunity to find solutions. What if the world paid attention before it was too late?
Sweet Crude is the story of Nigeria’s Niger Delta – a story that’s never been captured in a feature-length film.
Beginning with the filmmaker’s initial trip to document the building of a library in a remote village, Sweet Crude is a journey of multilayered revelation and ever-deepening questions. It’s about survival, corruption, greed and armed resistance. It’s about one place in one moment, with themes that echo many places throughout history. Sweet Crude shows the humanity behind the statistics, events and highly sensationalized media portrayal of the region. Set against a stunning backdrop of Niger Delta footage, the film gives voice to the region’s complex mix of stakeholders and invites the audience to learn the deeper story.
The issues are local and human, yet they have far-reaching political, environmental and economic implications. It’s a powder-keg situation that affects the daily lives and futures of the people who live there. Left unchecked, its consequences will be felt around the globe. Yet barely anyone outside the Delta knows what’s really happening.
Why do we care enough to make this movie? Because raising awareness just might be the tipping point it takes to head off civil war. Because the kids of the Delta deserve a future. Because what happens in Nigeria ripples through African political stability and global economic markets. Because Nigeria produces more than 10 percent of the U.S. oil supply. Ultimately, the events unfolding in the Niger Delta affect us all.

It will take a vigilant world community to advocate for nonviolent political solutions. With this independent documentary, we take a stand for a more truthful conversation, with the hope that a more educated public will hold governments and big oil accountable to peaceful and just resolution.

To learn more about Sweet Crude, visit the film's web site,
http://www.sweetcrudemovie.com. For more information about the screening,
contact Peter Wirth, 315-476-3396, pwirth2@... or Leslye Wood,
206-282-0880, media@...

The Next Gulf: London, Washington and Oil Conflict in Nigeria

As America and Europe diversify oil and gas supplies away from the volatile Persian Gulf, West Africa’s Gulf of Guinea is set to become its counterweight: “The Next Gulf”. 
Written By: Andy Rowell, James Marriott & Lorne Stockman
Published by Constable.
The Next Gulf is available in book shops across the UK.
You can order The Next Gulf from PLATFORM and the profit will go to the Remember Saro-Wiwa Project. To order send a cheque for £9.99 (£8.99 book and £1 P&P) with your address details to: The Next Gulf, PLATFORM, 7 Horselydown Lane, London SE1 2LN.
Or you can order from Amazon or Blackwells.
Alternatively, ask your local bookshop to stock it!
Background
Just over ten years ago, the Nigerian government executed activist and author Ken Saro-Wiwa and eight of his Ogoni compatriots. Saro-Wiwa and the Ogoni were campaigning against the oil giant Shell and for a greater share of the country’s vast oil wealth. Their deaths brought the plight of the Niger Delta and the role of the oil companies, such as Shell, to the attention of the world. But ten years on the Delta remains mired in poverty and embroiled in conflict.
Since 9/11, the Gulf of Guinea has gained unprecedented strategic importance to the US and its allies. Washington wants the region's oil and gas resources and is prepared to protect its access with military might. Nigeria is the biggest oil and gas producer in the region and therefore central to US strategy.
Forgotten in this new scramble for African resources are the people of the Niger  Delta, who have received little benefit from 50 years of oil production in their midst. They continue to suffer from dire environmental pollution and human rights abuses. Exploiting the oil are multinational oil companies – which have been complicit over the years in creating the situation in the Delta today. Governments in Europe and North America have also played a role through supporting the activities of their oil companies and by creating and maintaining the tax haven system, which has facilitated the theft of billions of dollars in oil revenues by Nigeria's elites. Of the $400 billion earned from the Niger Delta's oil since 1965, very few in Nigeria have benefited.
Andy Rowell, James Marriott and Lorne Stockman set out how a new Atlantic Triangle is being created that ties Britain, America and the Niger Delta together. The first Atlantic Triangle was built on the exploitation of slaves; the second on the exploitation of oil and gas. The authors put forward a set of radical proposals based on voices from the Delta that could break the triangle and ensure that a different development path is followed.
Andy Rowell is a journalist and author, whose previous books include Don`t Worry - its Safe to Eat and Green Backlash. Writers James Marriott and Lorne Stockman are part of PLATFORM.
Download chapters of the Next Gulf.
Order the book from Blackwells or Amazon.

Currently The Next Gulf is only published in the UK. If you are interested in publishing the book in your country please contact us.