GOA AND PORTUGAL

Goan hearts still beat for Portugal By Marcus Mergulhao

Euro 2016 came too soon for Marietta Bar and Restaurant.

A famous joint in the heart of the city, Marietta recently received a fresh coat of paint and all those posters of football superstars that adorned those walls had to be set aside. Ahead of the Euro 2016 final between Portugal and France on Sunday, proprietor Eusebio D'Souza - himself named after Portugal's greatest footballer of all time before Cristiano Ronaldo - is now pulling out the posters but will not be able to give his restaurant the look that made it so popular with football enthusiasts.

"It will be such an exciting night. Our hearts will always beat for Portugal," said Eusebio.

Eusebio's father, Moti, started the restaurant in 1964 and named it after his daughter; he also started an inter-village football tournament called Marietta Cup and until his death four years ago, was among Portugal's most ardent supporter in the state, naming dishes after footballers. Portugal's superstar players, and those from Brazil, grabbed attention while fish, curry and rice was named after local favourite, Bruno Coutinho.

"Goa is supporting Portugal. Wherever I go, everyone tells me that they are confident that Portugal will win its first major football trophy. Of course we know what happened at Euro 2004 but this night could be different," said Coutinho, former India captain and Arjuna awardee.

As Bruno pointed out, this tiny coastal state is gripped by football fever and as Portugal take on the might of hosts France in what was predicted an unlikely final, fans are not surprisingly rooting for their former colonial rulers. The Portuguese ruled Goa for over 400 years until the early 1960s.

"Goa has a close bond with Portugal. Over the years, Goa has had several tie-ups with Portugal and when it comes to football, they've always offered to help. Goa's support for Portugal, at least for the Euro final, will be total," said Savio Messias, president of the Travel and Tourism Association of Goa (TTAG) and former secretary of the Goa Football Association (GFA), the body that was started by the Portuguese to govern football in the state.

"I've always been fascinated with the way Portugal play. It's pleasing to the eye. As a kid I saw Portuguese play football and since then the love affair continues," said Goa's first Arjuna awardee Brahmanand Shankhwalkar.

His daughter, Vaishnavi, will stay awake on Sunday night to back Portugal despite not being a football fan, and brother Ravindra forever keeps Portugal close to his heart: his mobile's ring tone is A Portuguesa, the Portuguese national anthem.

Portugal's passage to the final is good for business too. Atish Angley, who runs a sports goods shop, confirms Portugal's jersey are selling like hot-cakes.

"The only problem is I don't have enough. Nobody thought they would reach so far," he said.

Despite boasting great players down the years, Portugal have never won a World Cup or European crown. That could all possibly change on Sunday, and even if it does not, Goa's love-affair with Portugal will continue.

Why Euro 2016 final, #FraVsPor, will be special in Pondicherry and Goa By Ajay Mankotia

Pondicherry retains vestiges of French influence. The architecture, boulevards, cuisine, gardens, European mansions, walkways – all are reminders of France’s colonial presence till 1962.

Pondicherry is the Indian Côte d'Azur, a pocket of French style and refinement on the east coast of India. During our trip to Pondicherry, during evening walks on the seafront, we used to see the leisurely French game of pétanque being played with heavy metal balls by the local people.

But one French obsession that the French didn’t leave behind is the football culture. The number of football clubs is small and their standing in the Indian pecking order rather dismal. But that doesn’t mean that football is not watched with fanaticism. The French nationals as well most of the local population of this former French enclave are ardent supporters of the French national team – Les Bleus.

French supporters will hope Antoine Griezmann can continue his rich vein of form.

Contrast this to another former colony of a European power on the western coast of India. Goa has in excess of 200 clubs across the top four tiers of football in addition to several hundred village clubs.

Football is a religion in this former Portuguese colony. They worship it. It runs in their blood. Clubs like Dempo, Churchill Brothers, Salgaocar, Vasco are all blue riband clubs of the country.

The Portuguese ruled Goa for more than 450 years until 1961. The Portuguese influence is all pervasive and it’s no wonder that most of Goa has had a soft corner for the Portuguese over the years. So why should football be any different?

A number of Goans who gained Portuguese citizenship which guarantees one the privilege of becoming a European Union (EU) citizen are now based in the UK and the rest of Europe as Portuguese Goans. They also support Portugal, over England or the other countries of which they are citizens.

Portugese supporters will have faith in Cristiano Ronaldo.

So when Portugal and France square off on July 10 at the Stade de France in the Euro 2016 final, the Portuguese and French nationals will not be alone in cheering their teams. Halfway across the world, denizens of the former colonies in India will also be chanting "Portugal" and "Allez Les Blues" in bars and restaurants, at public squares and in houses.

If it were a match between Goa and Pondicherry football teams, it would be a walk in the park for Goa. But whether the three-time Ballon d'Or winner Cristiano Ronaldo of Real Madrid can prevail over his neighbour and the Atletico Madrid forward Antoine Griezmann will only be known once the final whistle is blown in Paris.

The Indigenous people of Goa By A Pereira

The indigenous people of Goa have a culture, language, and social organisational characteristics distinct from the rest of the Indian Subcontinent. The indigenous people of Goa comprises of ethnic groups who have inhabited the geographic region with which they have the earliest known historical connection. One of the most common characteristics of the indigenous peoples, is their reliance on subsistence-economy, and the same is practiced by the indigenous people of Goa. The indigenous people of Goa have settled across a large territory of Goa and are predominantly non-urbanised societies. Their collective ownership patterns and social organisational characteristics make them distinct and opposite in nature as compared to the divide and rule policies of the developed independent states.

Goa, which is currently an illegally constituted State of the Republic of India, is a territory of the Indian sub-continent located at 14°53'54" N and 15°40'00" N and longitudes 73°40'33" E and 74°20'13" E mainly comprising of the Comunidades (Gãocarias) and other indigenous communities of Goa. There are at present 223 Comunidades in Goa having absolute ownership over 80% of the land area, whereas other indigenous communities have the legal right over the remainder land. There is no exact term for 'Gãocaria' in English or Portuguese terminology, hence variety of definitions have been used, to convey to the reader, the exact meaning of Gãocaria. Comunidade is a Portuguese appellation for Gãocaria. 

The present day Goa is built on the foundation of the Comunidades which are ancient Indian socio-agro-economic institutions established by the indigenous people (native settlers) of Goa by sharing their absolute owned resources (land, etc.) for their own benefits and welfare for harmonious co-existence. They formed themselves into co-operative establishments, governed by heads of families who were known as Gãocares. These Gãocares reclaimed and brought under cultivation marshy and other waste lands with the assistance of the other tribes/inhabitants of Goa The Gãocares subsequently promoted inclusion of various clans and other skilled/semi-skilled people/persons in their Gãocaria as part of community development. Those who assisted the Gãocaria with financial assistance came to be called as accionistas (shareholders) while others were absorbed as service providers, as per the contract with Gãocares. 

Gaunkari system

Gãocarias are ancient socio-agro-economic institutions established by the indigenous people (native settlers) of Goa by sharing their absolute owned land and resources for harmonious co-existence.

Gãocarias have come into existence sui juris thousands of years prior to the Portuguese rule in India and much before the Indian Republic/Union.

Gãocarias are similar to village communes, but are unique and distinct in structure, functions, and ownership rights.

The foundation of Gãocaria is based on the collective ownership and management of property and resources. Resource management (land and water) is the main responsibility. The basic objectives of every Comunidade in every locality are those of welfare of it’s community.

Gãocarias operate on agrarian-economy wherein lands are husbanded and/or reclaimed for cultivation with large tracts of land reserved for cattle grazing, religious/festival purposes, Crematoriums, and Cemeteries, en-catchment areas built, and irrigation systems developed at the cost of Comunidades.

A Gãocaria consists of definite boundaries of land from village to village with it’s topographic detail, its management and social, religious and cultural interaction.

Gãocarias function independently as self-governing establishments [institutions/ republics]. It is an independent arrangement without any state interference. Gãocarias allowed and granted only administrative tutelage to all previous kings and rulers including the Portuguese to function as arbitrators.

Gãocarias have absolute land ownership rights. These rights are inalienable, in that it cannot be taken by any operation of law for any reason whatsoever. One cannot hold private/individual ownership title over Comunidade land. Land cannot be sold, mortgaged, or alienated in favour of any person or authority but can only be leased or granted for specific use, e.g. religious purposes, schools, crematorium, etc.

The Gãocares are co-owners of the land and of all the assets of their respective Comunidades being successors-in-interest in common, through their first ancestors. Land is owned and managed jointly but income and/or produce is shared individually. Any debts, loss or deficit is borne by all the Gãocares/Componentes of the respective Comunidade proportionately, to meet any such eventualities.

The income from the produce as well as the revenues generated are spent for the welfare of the people. Any surplus is distributed in the form of remuneration to the Gãocares, service providers, and the shareholders, for their families and dependents.

Gãocarias adequately renumerate service providers and also provide shelter, education, health, and other facilities, as long as their services are engaged as per contracts.

Gãocarias also take care of other people within their communities, i.e. single women, widows, the physically challenged, and their dependents.

Gãocarias have their own customary laws (Code of Comunidades) codified by Portuguese from age old customs and usages and is the law of Gãocares by Gãocares and for Gãocares, for self-determination and for development of common and joint social welfare interests in the respective locality.

The beauty of the Comunidades lie in its system of administration [governance]. A Gãocar is both a care-taker and a ruler of his respective Comunidade. Every Gãocar has a say in the decision making (political process) and takes active part in the day-to-day working of the system keeping vigilance at the same time. Decisions are taken through consensus.

Gãocares maintain and manage resources sustainably for their own welfare and benefits and employ workforce (service providers) as per needs. Tasks are clearly assigned to functionaries, who are reasonably remunerated.

The shareholders and the service providers cannot have land ownership rights and legislative powers in Gãocarias, Gãocarias being co-operative establishments, and individual share cannot be transferred by the shareholder as per the customary laws.

Gãocarias have their own Legislature, Executive and Judiciary, as per the provisions of the Code. The Gãocaria is vested with its own sovereign functions in their own capacity within their own jurisdiction. The Gãocarias have their own eminent domain with respect to imposition of penalties, forfeitures, fines, confiscation, raids, imprisonment, arrests, trials, taking evidence and passing of judgements and orders.

Gãocarias are sovereign independent territories.

JOURNALISM POST INVASION AND ANNEXATION OF GOA - 1963 By A Pereira

PS. "Heraldo" of Maria da Cunha isn't "O Heraldo", the puppet newspaper of Messias Gomes which continues till date

BENIGHTED JOÃO AND ME OVER CACHAÇA By A Pereira

Concerning Gibraltar, Spain and the United Kingdom are doomed again to be faced in a war.

When in 1961 the Republic of India demanded Portugal to transfer Goa into their territory, Portugal responded by defending the right of self-determination. The Indian Union invaded, and Goa is Indian and Ganttiafied today. When in 1982 China demanded the handover of Hong Kong, UK refused it by defending the right of self-determination of the people of Hong Kong, China threatened to break relations with UK and now Hong Kong is Chinese. When in 1956 Egypt occupied the Canal, Britain and France responded through military force, and only US pressure let out a piece of Egypt Egyptian.

We can continue to infinity, what did Spain, by contrast? In 1960 Spain presented its case at the UN. A violent and fascist movement! The case was reviewed at UN and resolved that Gibraltar should be decolonised, and that Britain and Spain should discuss the conditions individually. UK flatly refused, and has continued until now doing it. In fact, recently it has openly sought to consolidate the colonial status of Gibraltar (defense and diplomacy are controlled by London, and the Constitution and Institutions of Gibraltar are under direct authority of the Privy Council). How should you respond to Spain? Accept without your constant complaints from 1715 (the return of Gibraltar into its territory) it is constrained by 20,000 Spaniards living in Gibraltar and trying to maintain their fiscal and social privileges?
Notice again: shots around Gibraltar are closer than they appear, and those who want to see it are blind.
As for Catalonia, the Basque provinces, Galicia, Valencia, Balearic... only two things:
1. Miserable.
2. Abraham Lincoln.

Spain is too civilised to take Gibraltar by force, in contrast with the Chinese who took Hong Kong (using implicit force) or the Indians who took Goa. There seems to be a race between the forces of dissolution in Spain and the slow process of acquisition of Gibraltar. If Spain fragments into a loose federation before Gibraltar is annexed, Gibraltar will be able to join as a region with greater autonomy, the union will be largely symbolic, and the damage will be minimal.

...Kelsen accepts this argument and even states that self-defence is part of 'jus cogens' and thus cannot be modified by a treaty such as the Charter.

The recognition of wars of national liberation as international conflicts bound the movements of liberation to respect Art. 2(4) of the United Nations Charter prohibiting the use of force. The only exception to this article which is available to an individual actor is Art. 51 which guarantees the "inherent right of individual or collective self defence if an armed attack occurs. . . ." It was then only natural that supporters of liberation movements attempted to use this article to legitimise their struggles against colonialism. The war and victory in Algeria, the invasion of Goa, the frustration caused by continued colonial domination, and the radical position of independent Algeria all provided a catalyst for the development of theories regarding national liberation.

Many types of armed conflict lawful 100 years ago have disappeared from the arsenal of states since the adoption of prohibitions on the use of force. As Cassese points out, states generally restrict their use of armed force to intervention in civil war and to security issues. In relatively few instances, for example, have states sought to take control of territory through armed force: China in Tibet, Iraq in Iran, Arab states in Israel, Argentina in the Falklands, Indonesia in East Timor, India in Goa, Pakistan in Kashmir, and Iraq in Kuwait. Half of these attempts have failed.

The creation of the Indian invasion of Goa in 1961. Goa was a Portuguese protectorate at the time, although India maintained that it was an integral part of India and, as such, the invasion amounted to an act of self-determination. The invasion was criticised by a number of states, but the Sec. Council was unable to agree on a clear policy. Following the Portuguese revolution in 1974, the new government recognised the Indian title to Goa. It is clear that today Goa forms part of the territory of India. There remains some doubt, however, as to who had the title to the territory between 1961 and 1974 and the precise effect of Portuguese recognition of Indian claims.

Why did Mario sign the treaty? Was he a Jonoeiro?

It is submitted that in the light of the 'jus cogens' rule prohibiting the threat or use of force any annexation which has taken place after the entry into force of the UN Charter e.g. the annexation of Tibet by China in 1951, the annexation of Hyderabad by India in 1948, the annexation of Goa should be regarded as illegal and thus without any effect under international law. Such fundamental illegality can neither be justified by the subsequent conclusion of a peace treaty nor by the application of the doctrine of historic consolidation. However, in respect of annexations which occurred during the period between the two world wars, and provided that there was acquiescence on the part of the State concerned, it may be that application of the doctrine of historic consolidation can be accepted. This view was expressed by Judge Fortier in his Separate Opinion in the Case 'Concerning the Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v Bahrain) (Merit). Aggression partakes of the nature of a breach of 'jus cogens' and is not readily, curable by prescription, lapse of time or acquiescence.

Where is the treaty signed between the government of the Rep. of India and the 223 Comunidades/Gãocarias?

Freedom! Goa Livre!