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Posted by Igor Koshurnikov on March 18, 1999 at 16:47:42:

In Reply to: EnenKio Kingdom & U.S.A.at War http://enenkio.wakeisland.org posted by Robert Moore on October 11, 1998 at 19:21:27:

: (http://www.enenkio.wakeisland.org)SIR.


:
: The following electronic message contains an urgent Diplomatic
: Communiqué and solicits your immediate attention. If it has reached you
: in error, please forward it to the proper state authority with sincere
: appreciation from H.M. King Hermios, residing in exile.

: * # * # * # * # * # * # BEGIN # * # * # * # * # * # *

: Your Excellency:

: Recent articles defaming the government of the Kingdom of EnenKio have
: been maliciously published under the guise of a Marshall Islands
: government warning against "fraudulent claims". We have once more
: admonished the writer of the articles in the Marshall Islands for
: disregarding indisputable facts which clearly discredit his biased report.
: We urge you to disregard all discourse in the media regarding the
: Kingdom of EnenKio which are not validated. To that end, you are
: cordially invited to contact this office with your specific questions or
: concerns. For your advice, the following statement was issued by the State
: Secretary of the Kingdom in reply:

: The Kingdom has never knowingly made any fraudulent claim whatsoever.
: No claim we have made has ever been shown to be fraudulent, nor has any
: claim ever come under or faltered from a challenge by anyone anywhere in the
: world. We are working vigorously to regain occupation of the ancestral
: property of H.M. King Hermios, to resolve the virtual "state of war" that
: exists with the United States government and to be accepted as an honorable
: state among nations.

: The Kingdom does not pretend to be "erting authority over land…within
: the geographical and political boundaries…" of the RMI. We are however
: striving to expel the armed imperialistic invasion forces of the United States
: from the shores of EnenKio Atoll so natural Marshallese supremacy can be
: reestablish there. As to allegations of fraud and constitutional violation, no
: one has dared to come forward with any such a charge. We say, let the issue
: be played out in the People’s venue for the record, not in a libelous weekly
: publication. While we do not wear our brief history on our shirtsleeves, our
: raison d’être is clearly mandated in the Preamble to the Constitution of
: EnenKio, which can be seen at our web site:
: http://www.enenkio.wakeisland.org.

: Referencing the news article in the Marshall Islands Journal entitled
: "’Kingdom of EnenKio sets up in New Zealand," of May 1st, the editor was
: advised, contrary to his report, that neither pports nor driver licenses can
: be purchased from the Kingdom’s web site. The Kingdom of EnenKio Atoll
: DOES NOT SELL PPORTS! If you have evidence to the contrary, our
: Foreign Ministry would appreciate your furnishing it to them so steps can be
: taken immediately to investigate the matter. You are advised if anyone sells
: or offers to sell an EnenKio pport, that such an act is patently .

: The published statement: "The group…claims to represent Iroijlaplap Murjel
: Hermios and the atolls of the Ratak chain…", is wholly false. I have
: explained this matter to the editor on several prior occasions and ample
: information is available at our internet site to refute the statement. The
: Kingdom does not represent any area outside of its territorial boundaries, as
: the Ratak atolls surely are. Contrary to their libelous statements, the
: Kingdom of EnenKio Atoll was not "created" by Robert Moore and he is not a
: "Honolulu-based attorney. H.M. King Murjel Hermios is the acknowledged
: hereditary Iroijlaplap of the northern Ratak atolls and is also First Monarch
: of the Kingdom, not of his own choice, but by a legal process and free choice
: of our citizens who participated in the founding of the nation in 1994. Such a
: noble and peaceful beginning is not too uncommon in world history.

: "Enenkio" (actually Enen-kio or Eneen-Kio, in reference to the atoll itself) is
: the first Marshallese name for a Marshallese atoll located roughly 300 miles
: north of Bok-ak (Taongi) Atoll. "Wake" is a fictitious moniker applied to the
: rediscovered Enen-kio atoll by unknown western society writers.

: The following is excerpted from a letter to the Secretary-General of the
: United Nations and is hereby offered for your highest consideration and
: eminent acceptance:

: Re: Notice of Accession to Hague Convention I for Pacific Settlement of
: International
: Disputes (1898) [UKTS 9 (1901) Cd. 798]; and Hague Convention for
: Pacific Settlement of International Disputes (1907) [UKTS 6 (1971 Cmnd.
: 4575].

: Now Be It Hereby known, that the Iroijlaplap of the Northern Ratak Atolls
: of the Marshall Islands who holds native and aboriginal title over the atoll
: of EnenKio (incorrectly referred to as Wake, Wilkes and Peale Islands) as
: noted in the United Nations Constitution on Indigenous Peoples Rights, as
: Monarch of the Kingdom of EnenKio, hereby accedes as a "State" to the:

: Hague Convention I for Pacific Settlement of International
: Disputes (1898) [UKTS 9 (1901) Cd. 798]; and
:
: Hague Convention for Pacific Settlement of International
: Disputes (1907). [UKTS 6 (1971 Cmnd. 4575]

: [hereinafter collectively the "Conventions"]; said Conventions to apply to,
: inter alia, the Atoll of EnenKio (The Kingdom of EnenKio) and the Atolls of
: the Northern Ratak Atolls of the Marshall Islands; being Taongi, Aowan,
: Bikar, Utirik, Takar, Aur, Maloelap, Wotje, Erikub and Ailuk.

: It is intended by this Notice that the Kingdom of EnenKio be and hereby is
: an acceding "party" to the Convention, as the term "party" is signified in
: the Vienna Convention on the Law of Treaties UN DOC. A/CONF. 39/27,
: (1969), 63 A.J.I.L. 875 (1969), 8 I.L.M. 679 (1969) at Article 2, Paragraphs
: 1(a), (b) and (g), and Article 11.

: Furthermore, it is intended for purposes of this Notice that the Kingdom of
: EnenKio be treated as a Sovereign State with full "political existence of the
: state independent of recognition by other states" as expressly stated in the
: Convention on Rights and Duties of States, 49 Stat. 3097, T.S. 881, 165
: L.N.T.S. 19, 3 Bevans 145, done at Montevideo, Uruguay on December 26,
: 1934 which states at Articles 2 and 3:

: "The federal state shall constitute a sole person in the eyes of international
: law."

: "The political existence of the state is independent of recognition by other
: states. Even before recognition the state has the right to defend its integrity
: and independence, to provide for its conservation and prosperity, and
: consequently to organize itself as it sees fit, to legislate upon its own
: interests, administer its services, and define the jurisdiction and
: competence of its courts."
:
: This Notice of Accession is respectfully given in accordance with the
: expressed statements made at the First Conference of Members of the
: Court, Permanent Court of Arbitration, Peace Palace, The Hague, 10 and
: 11 September 1993 "Summary of Views" at Page 4, Paragraph 14, to wit:

: ManyStates are not parties to either Convention. The PCA, and
: Government of the Netherlands as the depository of the Conventions,
: should continue their efforts to encourage States to become Parties to
: the Conventions. The Secretary-General was invited to develop a
: doentation package to facilitate the procedure for accession. In
: the course of discussion, one Member indicated his Government's
: intention to shortly accede to the Convention.

: Furthermore these rights are respectfully requested under Resolution 1514,
: on the Declaration on the Granting of Independence to Colonial Territories
: and Peoples, adopted in 1960, which states:

: The subjugation of peoples to alien subjugation, domination and
: exploitation constitutes a denial of fundamental human rights, is
: contrary to the Charter of the United Nations and is an impediment to
: the promotion of world peace and cooperation.

: All peoples have the right to self-determination; by virtue of that right
: they freely determine their political status and freely pursue their
: economic, social and cultural development. . . .

: Immediatesteps shall be taken, in Trust and Non-Self-Governing
: Territories or all other territories which have not yet attained
: independence, to transfer all powers to the peoples of those territories,
: without any conditions or reservations, in accordance with their freely
: expressed will and desire, without any distinction as to race, creed or
: color, in order to enable them to enjoy complete independence and
: freedom.

: Notice is hereby further given that the Kingdom of EnenKio requests
: immediate access to the Permanent Court of Arbitration at The Hague to
: settle matters of the occupation by the United States Government of
: EnenKio Atoll (Wake, Wilkes and Peale Islands) in order to peacefully
: adjudicate the disputes by arbitration.

: It is further hereby proclaimed that the Government of the Kingdom of
: EnenKio shares the opinion of the Members of the Permanent Court of
: Arbitration, Peace Palace, The Hague, who participated in the First
: Conference of Members of the Court on 10 and 11 September 1993
: expressed in the "Summary of Views" that "Peaceful settlement of
: international disputes is the cornerstone of international law," and further
: the Members’ comments found at Page 4, Paragraph 15, to wit:

: Lackof financial resources should not prevent a party from having
: recourse to the PCA. It would therefore be useful to create a fund out
: of which parties with limited resources could be compensated in some
: measure for the costs they incur in connection with proceedings before
: the PCA. Consideration should also be given to providing the services of
: the PCA in arbitration taking place at locations other than The Hague,
: e.g., at regional arbitration centers like Cairo or Kuala Lumpur, or
: even in the territory of a developing country party to a dispute, if the
: parties to the dispute so agree. [Emphasis added]

: Please take further notice that authorized representatives of the
: Government of the Kingdom of EnenKio have previously attempted to
: access courts in the Hague without success to put forward, and have
: adjudicated, the case over the settlement and seizure of EnenKio
: Atoll.

: EnenKio Atoll has a historic place in Marshallese tradition and has been,
: until the more recent occupation by the United States Government,
: controlled by the Iroijlaplap of the Northern Ratak Atolls whose ancestor
: by hereditary right is the Honorable Murjel Hermios.

: To this effect be it known that 1960 Declaration formed the basis of the UN
: decolonization practice, and, in 1963, the General embly established
: what became known as the Decolonization Committee, to ist in the
: implementation of the Declaration.

: In 1975, the ICJ considered the status of the right to self-determination in
: its advisory opinion in the Western Sahara Case.(10) Since the 1880s,
: Western Sahara had been a Spanish colony. In 1966 the General embly
: decided that Spain should hold a referendum to enable the population of
: the territory to exercise freely its right of self-determination. Before the
: referendum was held, however, both Morocco and Mauritania erted
: claims to Western Sahara on the basis of "historic title" predating Spain's
: colonization in the 19th century. The General embly requested an
: advisory opinion from the ICJ on the question of the legal ties between
: Western Sahara and Morocco and Mauritania. In the course of its opinion,
: the Court considered the basic principles governing the de-colonization
: policy of the General embly.

: . . . . As the Court stated in its Advisory Opinion of 21 June 1971 [in
: the Namibia case],

: . . . the subsequent development of international law in regard to non-
: self-governing territories, as enshrined in the Charter of the United
: nations, made the principle of self-determination applicable to them
: all. (1971 ICJ 31)

: The principle of self-determination as a right of peoples, and its
: application for the purpose of bringing all colonial situations to a
: speedy end, were enunciated in the Declaration on the Granting of
: Independence to Colonial Countries and Peoples. . . . The
: [Declaration] thus confirms and emphasizes that the application of
: the right of self-determination requires a free and genuine expression
: of the will of the peoples concerned. . . .

: Generalembly resolution 1514 provided the basis for the process of
: decolonization which has resulted since 1960 in the creation of many
: States which are today Members of the United Nations. It is
: complemented by General embly resolution 1541. . . . The latter
: resolution contemplates for non-self-governing territories more than
: one possibility, namely:

: (a) emerge as a sovereign independent State;
: (b) free ociation with an independent State; of
: (c) integration with an independent State.

: The validity of the principle of self-determination, defined as the need
: to pay regard to the freely expressed will of peoples, is not affected by
: the fact that in certain cases the General embly has dispensed with
: the requirement of consulting the inhabitants of a given territory.
: Those instances were based either on the consideration that a certain
: population did not constitute a "people" entitled to self-determination
: or on the conviction that a consultation was totally unnecessary, in
: view of special cirstances. . . .

: The pronouncements of the Court thus indicate that a norm of
: international law has emerged applicable to the de-colonization of those
: non-self-governing territories which are under the aegis of the United
: Nations. In this case we call for the immediate evacuation of the island of
: EnenKio by the United States Government and the return of the island to
: the Iroijlaplap of the Northern Ratak Atolls and the Monarch of the
: Kingdom of EnenKio, H.M. King Murjel Hermios.

: * # * # * # * # * # * # END OF DOENT # * # * # * # * # * # *

: Correspondence concerning this Notice of Accession or any other matter
: may be directed to the State Secretary, at the following address :

: Government of the Kingdom of EnenKio Atoll
: Post Office Box 8441
: Honolulu, Hawaii, USA
: 96830-0441

: In closing, the government of the Kingdom of EnenKio Atoll wishes to avail
: itself of this opportunity to renew to your Excellency the urances of its
: highest consideration.

: Cordially yours,
: Cap'n Kermit Rydell




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