Vol. 35 No.41
       ©2006 Marianas Variety
Friday, May 11, 2007 www.mvariety.com
Serving the CNMI for 35 years
 

© 2006 Marianas Variety
Published by Younis Art Studio Inc.
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Disturbing

THE sad experience of Ms. Babitra Dhimal’s father typifies what transpires when governments and government officials fail to disclose to CNMI nonresident workers particularly, and the CNMI public generally, their basic human rights — in this case, their rights to seek/obtain asylum, refugee, and torture protection from both the CNMI and federal governments via either the commonwealth’s current albeit legally defective refugee procedures, or the more protective procedures enacted by the federal government throughout the rest of the country.
Had Mr. Dhimal known or been apprised of these rights during the past 10 years — as these rights have been fully known to current/former CNMI and federal officials — he could have sought asylum/refugee/torture protection, rather than being subjected to the CNMI’s always malfeasant bureaucracy at the Department of Labor.
Do some checking. There’s a reason that the feds several years ago precluded folks who are Nepalese citizens from entering Guam — that reason, I’m told, being that folks from Nepal were entitled to and did in fact seek political asylum./refugee/torture protection upon entry to Guam thereby precluding their return to Nepal.
This in turn derived from the recognition of Nepal’s raging civil war throughout the past decade.
Ditto this outcome as to Mr. Dhimal, should he/his daughter opt to seek asylum/refugee/torture protection in the CNMI via either the CNMI’s defective procedures or via the federal procedures which, in turn, would likely require suit being filed in the U.S. court on Saipan.
Equally disturbing -- what some perceive to be not only a wholesale lack of sympathy toward a man driven to alight himself afire in order to draw attention to his government malfeasant-plight, but the hardhearted, abjectly mean-spirited derision of folks like Saipan Tribune columnist Bruce Bateman.
No sympathy or public remorse for Mr. Dhimal, yet a legion of letters debating things like animal welfare and rights as to veterinary medicine...a pretty sad commentary on the CNMI, some might contend.
Absolutely shameful that apparently nobody in the BenTan administration, nobody in the MattTan AG’s office, nobody in the CNMI Guma In Hustisia, and nobody in the so-called CNMI Bar Association, has stepped forward to offer this fellow and his family some fundamental legal advice. If they won’t help him, then I will...from thousands of miles away.
The word is “refoulement” — it kicks in the instance Mr. Dhimal and/or his daughter request asylum/refugee/torture protection, and it means that they cannot be repatriated by the CNMI or U.S. governments to their country of origin once they’ve requested asylum/refugee/torture protection, which, in turn, perhaps is why the CNMI wants to ship this poor fellow off to the P.I. ASAP.

BRUCE JORGENSEN
Kabul, Afghanistan