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.... Letters & Opinion

12th November 2011
The Richard Frederick/US Visa Revocation Controversy – Part 7

Before her 16th September, 2011 shocker, Jeannine Compton-Antoine had delivered another shocker during the week of 6th February, 2011 to 12th February, 2011. In a letter dated 6th February, 2011 to Prime Minister and Political Leader of the United Workers’ Party, Stephenson King, the beleaguered UWP Member for Micoud North had written this:
“After much soul searching, I find myself in a position where it is necessary for me to put pen to paper and write this letter to you, both in your capacity as Prime Minister and Political Leader of the United Workers’ Party.
“As you are aware, I entered active politics in October 2007, following the death of my father, Sir John Compton, in September of that same year. From the onset, it became obvious to me, that several persons within the hierarchy of the party, including some elected members had no desire to have me as a member of the Party and by extension a member of the Government.
“From the date of my nomination, at Patience, Mon Repos in October 2007 to date, there has been a concerted effort by members of the Party executive as well as certain elected members, to undermine me in my capacity as an elected member of the Party and as Parliamentary Representative for Micoud North. For the most part, I have tried my best to ignore it and work to the best of my abilities for the people of Micoud North but the fact that Ministers ensure that there are limited budgetary allocations to the constituency of Micoud North, that the Parliamentary Representative is by-passed in most instances and that Ministers do what they want in the constituency with no consultation with either the representative or the village council has made my work extremely hard.
“Notwithstanding all of this, I have continued to persevere and will with every breath that I breathe, work for the benefit of the people of Micoud North and the people of Saint Lucia. Frustrating me, victimizing me and slandering my name and the people who work with me, is not only affecting me, it affects every man, woman and child of the constituency. I was elected by the people to be their voice, to speak on their behalf; but my voice, even though I scream, falls on deaf ears and therefore the voice of thousands is ignored. The people of Micoud North have been loyal to the UWP but have been kicked to say the least, only of importance maybe in an election year.
“I have reached breaking point because since November 2010, the voice of the people was blatantly ignored and I speak about the issue of the Village Council and their decision pertaining to the rental of the vendors’ arcade in the Village of Micoud.
“As you are aware the Director of Local Government under directive from the Minister of Local Government, chose to over-ride the decision of the Village Council with no consultation or discussion either with myself or the council. The vendors have been displaced with no discussion, the building is being renovated without a plan or approval from the Village Council or the Ministry of Planning, there is no lease agreement, the clerk of the Village Council has been threatened on two occasions by the gentleman conducting renovations on the arcade and stop notices issued by officers from the Ministry of Planning have been ignored.
“The matter has been reported to the Ministry of Local Government, Ministry of Planning, the Police and the Prime Minister on several occasions, the last being Thursday, 3rd February, 2011 but still nothing has been done. The gentleman’s activities continue unabated. Therefore, it shows me that we are willing to promote illegality and ignore what is right and legal. I cannot say if this lack of action is out of fear but it is definitely not out of ignorance.
“I therefore have made a decision to rally with my people and stand by the decision of the Micoud Village Council. Due to the continued disrespect and disregard for myself in my capacity as Parliamentary Representative, the Micoud Village Council and the people of Micoud North, I submit to you my resignation as a member of the United Workers’ Party.
“I wish you the very best in the future and have enjoyed working with you. I look forward to our continued friendship and a productive relationship in the Parliament of St. Lucia; however, I must put country first and fight at all times for what is right.”
Jeannine Compton-Antoine had discovered, in a perverse twist of irony, some of what the SLP Members of Parliament had been drawing to the attention of the electorate – the shameless pandering by the government to unelected members of Cabinet by affording them privileges reserved for elected members! This was no secret, nor was it brain surgery. This was brutish electioneering on the part of the UWP Government to ensure that the UWP candidates for the constituencies of Micoud North, Laborie, Vieux Fort North, Vieux Fort South, Soufriere, Castries East and Castries South had an unfair advantage in the upcoming general elections by not only inviting them to all state functions in those constituencies (while sometimes completely ignoring the elected members) but also by making sure that they were associated with State and Taiwanese-funded projects designated for those constituencies.
Then came the Richard Frederick visa(s) revocation bombshell in September! Let’s take this one step at a time, shall we? Fact: Richard Frederick, the Prime Minister and officials at the US Embassy in Barbados all confirmed that the former Housing Minister’s visas had been revoked. Fact: The exact date of the revocation remains unknown. Fact: The exact reason(s) for the revocation remains unknown. However, after Jeannine Compton-Antoine’s damning revelation to a HTS news crew and the Prime Minister making the less-than-reassuring announcement that he would have Saint Lucia’s diplomat(s) in Washington get to the bottom of this troubling matter, a few things emerged to place the Prime Minister himself at the centre of the firestorm.

 
 

In a statement to the press the following Monday, here’s what the Prime Minister said: “It has been brought to my attention that the United States (US) Embassy in Barbados recently revoked the diplomatic and resident visas of Housing Minister Richard Frederick.
“I have received no details or explanation as to the reasons for the US Embassy’s decision. I am aware that numerous unproven allegations have been made against Honourable Richard Frederick from the time he indicated a willingness to enter politics.
“I have instructed our diplomatic representatives in Washington to investigate this highly sensitive and urgent matter and report back to me at the soonest. I look forward to meeting with the media as soon as further information has been received.”
Let’s clear up a couple of issues before we proceed. First, according to section 221 (i) of the US Immigration and Nationality Act (INA), the only people authorized to revoke a visa are consular officers at US Embassies and the Secretary of State in Washington, DC. Here is what the section says: “After the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation. Notice of such revocation shall be communicated to the Attorney General, and such revocation shall invalidate the visa or other documentation from the date of issuance…” And, “Unless otherwise instructed by the Department, a consular officer shall, if practicable, notify the alien to whom the visa was issued that the visa was revoked or provisionally revoked. Regardless of delivery of such notice, once the revocation has been entered into the Department’s Consular Lookout And Support System (CLASS), the visa is no longer to be considered valid for travel to the United States. The date of the revocation shall be indicated in CLASS and on any notice sent to the alien to whom the visa was issued”. Additionally, the US State Department’s Foreign Affairs Manual (FAM) outlines some of the circumstances under which a US visa may be revoked. These circumstances include, but are not limited to the following:
- The visa holder has been issued an immigrant visa;
- The visa has been physically removed from the passport in which it was issued;
- The visa holder is ineligible to enter the United States for reasons relating to health, public safety, and national security; or
- The visa holder no longer qualifies for the visa they were issued.
And, relative to requests by US courts, foreign courts or governments for release of visa information, here is what the abovementioned US Foreign Affairs Manual says: “INA 222(f) allows for discretionary release of information from, or certified copies of, visa records by the Secretary of State:
1. In cases where a US court or a foreign court certifies that documents from a visa record are necessary in cases pending before the court involving such visa record;
2. Where release would further the administration or enforcement of US law; or
3. With regard to information from a visa lookout database or, if necessary and appropriate, other visa related records, for use by a foreign government on the basis of reciprocity, in preventing, investigating or punishing acts that would constitute a crime in the United States or, pursuant to agreement, to deny visas to persons who would be inadmissible to the United States.”
Interestingly, after the Prime Minister’s statement in response to Jeannine Compton-Antoine’s eye-popping revelation, the US Charge d’affaires, Christopher Sandrolini, in a 22nd September, 2011, letter to the Prime Minister, reminds him that when Sandrolini visited Saint Lucia on 20th September, 2011 they had discussed Sandrolini’s phone call of 5th August, 2011. Said Sandrolini in his 22nd September, 2011 letter: “In that phone call, I informed you of the decision of the U.S. Government to revoke the U.S. visas of Mr. Richard Frederick, presently the Minister of Housing in Saint Lucia, and the fact that Mr. Frederick had been informed of this action that same day…”
Much has been said and written about whether the Prime Minister lied about what he knew and when he knew about Richard Frederick’s visas revocation. That the Prime Minister didn’t lie about not knowing the reason or reasons for his former Housing Ministers visas revocation is an indisputable fact! I submit, however, that the Prime Minister lied by act of omission and commission when he stated: “It has been brought to my attention that the US Embassy in Barbados recently revoked the diplomatic and resident visas of Housing Minister Richard Frederick”. The Prime Minister made that statement during the week of the 19th to the 23rd of September. He also made it in a tone that suggested that he had only recently (maybe the day before or the week before) been made aware of the development. We were later informed that the US Charge d’affaires, Christopher Sandrolini, informed the Prime Minister by phone on 5th August, 2011 of the visas revocation. That the Prime Minister chose to keep the country in the dark on this very important matter involving a minister of government for more than six weeks, in my opinion, constituted a lie. In other words, omitting to tell the nation something of that nature and magnitude, was tantamount to “serving to convey a false impression” or tantamount to deceiving the nation. Additionally, when he finally did make the statement that sought to convey another false impression (the impression that he had only just been made aware of the matter), he lied by an act of commission.
Meanwhile, we await the results of the Prime Minister’s “investigation” into this matter! The United States INA 222(f) makes it possible for foreign governments to request and obtain release of information from, or certified copies of, visa records. It is quite instructive to note that the Prime Minister chose not to say a word on this to the general public for close to two months after he was informed by Sandrolini. He was forced to make a statement only after release of such information by Jeannine Compton-Antoine. Are we now to believe that the Prime Minister is interested in uncovering the reason(s) for the revocation of Richard Frederick’ s visas? And, even if he did uncover those reasons, are we to believe that he would make that knowledge available to the general public given his past conduct on the matter?
And, as if to prove that his talk of having the matter “investigated” was nothing more than empty rhetoric, the Prime Minister later informed the nation that one didn’t need a US visa to contest general elections or become a government minister when he endorsed Richard Frederick’s campaign for the Castries Central seat on a UWP ticket even after Richard Frederick had resigned from the government on the basis of the visas revocation!


Next Week: Part 8 – The Richard Frederick/US Visa Revocation Controversy


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