Sunday, February 26, 2017

Pakistani Goans are Declared Enemies By Adriano Pinto

See how Goans are treated by the Government in New Delhi. Should it be enemy properties or friendly properties ? These properties belong to Goans who had gone to Karachi for livehood/employment prior to partition of India in 1947. Many of them were musicians who learnt music in the church schools. All these years after partition they were denied visa to visit Goa. They must be allowed to transfer their properties to their relatives. Which I think is fair. Or else nice way to get rid of Goans. Will Goans fight for this, or will act like crabs again.

The ministry of home affairs (MHA) has identified 263 enemy properties worth over Rs 100 crore in the state that belong to Goans who have acquired Pakistani nationality. These properties assume significance as the Union government intends to take them over by passing a law in Parliament.
Enemy properties are those whose survey numbers are registered in the names of Goans who migrated to Pakistan decades ago. After these Goans accepted Pakistani citizenship and India declared Pakistan an enemy state around 1965, their properties were declared enemy properties.
Most such properties are located in the talukas of Bardez and Salcete, while a few lie in Tiswadi, Bicholim and other parts of the state.

The home ministry has forwarded a list of enemy properties to both district collectors and has directed them to collect the lease rent from their occupants. Sources said several people have already approached courts, staking claim to these properties.

Advocate Cleofato Coutinho said there should be a mechanism in place for citizens who have changed their nationality to claim their property. "The problem with the current law is that it is very difficult to get such property back," he said.

On September 11, 1965, a central government notification stated that all immoveable properties in India belonging to, or held, or managed on behalf of Pakistani nationals were to be treated as enemy properties, and that control over them was to be vested in the custodian of enemy property.

Matters relating to enemy property are dealt with under the Enemy Property Act, 1968 and Enemy Property Rules, 2015.

These cases involving enemy properties are dealt with under the Enemy Property (amendment and validation) Ordinance promulgated by the President of India on January 7, 2016.

Monday, February 13, 2017


Nehru formou o primeiro governo hindu em julho de 1946, com a oposição da Liga Muçulmana que aspirava a criar um estado separado (o Paquistão), em 1947. Como primeiro-ministro, Nehru inaugurou uma política exterior de não-alinhamento, convertendo-se no fundador e dirigente desse movimento. No entanto, ao mesmo tempo também fez reivindicações territoriais que colocavam a Índia na posição de um império agressor e não de uma nação pacífica. Reivindicou a Caxemira apesar da oposição do Paquistão, o que desatou a primeira guerra entre os dois países (1947-49). Também anexou Hyderabad em setembro de 1948 e invadiu os território portugueses de Goa em dezembro de 1961). A invasão do território português, destruiu a imagem de pacifista que Nehru tinha criado ao longo dos anos. No ocidente, ele passou a ser visto como pouco mais que um hipócrita.[carece de fontes]
Depois que Nehru demonstrou que a Índia não tinha intenções pacíficas, iniciou-se a confrontação com a China, que precavida com as ações militares contra Portugal, reuniu forças que permitiram a vitória militar da República Popular da China, sobre a Índia em outubro de 1962. Nehru, tentou ainda criar uma política de boa vizinhança com os países limítrofes, mas a sua imagem internacional estava já completamente desgastada quando faleceu.

Goa’s silent genocide By Plastino D’Costa

Okay, Okay genocide might be a harsh word, but the meaning of genocide still remains the same, systematic destruction to get rid of all, or part of a group. For ages, Goa has been witnessing genocide of a lower variety, and the group affected happens to be the Goan Generation Next, irrespective of their religious affiliations. If they happen to be talented and intelligent with a desire to succeed, the harder it gets to reside in Goa. 

There will always be exceptions that will defy every hurdle the system will throw at them, but by and large Goa has managed to consistently stay behind the curve, keep the system in substantial disarray, so that the genocide that prevailed in the past, continues till date, and since there are no game changing actions planned on the horizon, will continue for generations in the future. The only difference in this type of genocide is that there is no absolute elimination of the group, because most are allowed and even welcomed with open arms to visit Goa, strictly on holiday, festivals or family occasions. 

While there is no rule book that explicitly mentions that all talented Goans with integrity, in their youth, should migrate for their own good, the circumstances are intentionally kept in a state of despair, and that arrangement has worked well for politicians in maneuvering Goans to leave the place. No rocket science here, but the reasons for leaving are quite straight forward, lack of world class higher education, quality employment and in the name of regulation government interference into every aspect of business. So long as these factors are kept the way they are, sans radical reforms, migration is guaranteed. If at all Goans make an attempt to overcome the bad circumstances and stay, politicians will find ways to up the ante, convert their silent genocide into high decibel ‘shut your mouth’ type of words even if they are meant to their own colleagues, or make statement questioning the way of life of its citizens in a bid to create uncertainty for the future. The motive is to make people uncomfortable so that they take the easy route of leaving.

Sometime politicians under pressure pretend they are addressing these migration issues but resort only to cosmetic changes. Therefore these half hearted steps turn out to be insufficient to arrest or reverse migration. In fact successive governments have given up trying this reverse migration policy, instead have gone ahead and set up some NRI Commissioner office, to make sure those that leave Goa don’t face any problems in their country of residence, stay comfortably there and make sure not to entertain the thought of coming back ever. Of course they are free to send their unlimited amounts of foreign exchange, and that part is well incentivized by keeping the Indian rupee perpetually weak. Actually a sincere NRI Commissioner office should not only be felicitating NRI’s tasks, but also carry out leg work by going around collecting data that will pinpoint the reasons of this genocide. Their offices should be situated near ground zero closer to the real action, which is mostly at the Departure lounge of the Goa airport, railway and bus stations. Their staff could then go around taking polite, informal and optional exit interviews of Goans that are leaving for good. This data could then be used to find out the reasons why Goans decide to leave and hopefully address them. 
But why will politicians really think of getting this migration reversed. At the moment this arrangement works best for them because exporting Generation Next in their prime protects them from possible pressure the Generation Next could exert on them with their genuine demands. To show their concern, they will try and pay lip service to the problem, by sitting in plush offices, invite the media and conduct seminars on the history of migration, with no solutions to prevent future migration and then hope the media covers their event. 

Politicians must be wondering why they should take the flak for their citizen’s personal decision of leaving Goa on their own free will. True, but then don’t project Goa as a growing world class destination with huge potential, if the locals are unable to tap it and worse when these  circumstances force the smart Goans to stay elsewhere. For example on 9 May 2015, Goa woke up to front page advertisements of launch of some Hot Air Balloon especially marked ‘for tourists’. The same day most of South Goa was without power, a planned third shutdown for the entire day this season in some places. While the advertisement contained a not so coded message that these hot air balloons are only meant for the tourist, the subtle message from the government to Goans, was that they we will move ahead with balloons or amphibious vehicles, but will deprive you of basic power and make life miserable as much as possible. If you are not strong enough, you may start thinking of taking that voluntary genocide. Meantime, tourists get to watch the plight of Goans, from a vantage point of their hot air balloons. 

Actually no politician will say this openly, but many consider Goans as a burden on Goa’s limited financial resources, since they avail all the possible schemes, which now they lost the plot as regards to financing them. Since tourist brings in the money, they are now obsessed in pleasing them at the cost of the local population and relegating them to second class citizens. Also, during elections a politician’s ego is tested to the limit since they have to visit each voter’s house and beg for votes. So politicians would always want this type of genocide to continue because it becomes easy to manage, manipulate and entice voters when smart Goans are not around. 

During this season of academic results of our Generation Next, many parents will be making that trip to seek admissions out of the state or to drop their children that visited Goa for a family reunion during their break. Now is the most opportune time to contemplate if politicians have done a high-quality job by correctly prioritizing their goals for Goa. If so then that trip out of the state for further studies would not be necessary. Unfortunately despite all the mess up, we choose to keep politicians on a high pedestal. Let’s not accept our fate to be some fault in our stars; it merely needs a change in our thinking and the ability to demand the best. 


Goa, a creation of Portugal which forms a part of the Lusofone belongs not to Portugal and the Indian Union. Goa belongs to Indigenous Goans and not Indians, as also not to the overseas citizens who seek refuge in Goa.
The significance of self-determination in this context is not so much that it cures illegality as that it may allow illegality to be more readily accommodated through the processes of recognition and prescription, whereas in other circumstances aggression partakes of the nature of a breach of Ius Cogens.
An act of violation of a norm having the character of Ius Cogens is illegal and is therefore null and void. This applies to the creation of States, the acquisition of territory and other situations.
As per the Art. 53 of the Vienna Convention on the Law of Treaties 1969, we examine the following in terms of : definition and meaning of the term, origin in the roman law (IUS STRICTUM and IUS DISPOSITIVUM), example of Ius Cogens norms (genocide, crimes against humanity, slavery trade, torture, use of force, piracy, violation of human rights et cetera) and the legal effect of an agreement violating a jus cogens norm: void.
Ius Cogens is the higher and founding set of rules of the international legal system, these rules are compulsory and bind all states as they override any other principles of international law.
The roots of Ius Cogens habitually comes from the Roman Law, where the ancient Rome distinguished between two legal concepts - Ius Strictum on one side and Ius Dispositivum on the other, while the latter allows to ignore certain legal rules by prevailing the consent of the contractual parties, this is not possible with Ius Strictum which pays no attention to the consent of parties when it comes to derogation from certain higher rules.
In modern days the international law granted the following rules, the Ius Cogens label, first the prohibition on the use of force, like an agreement between two states to invade other countries or to pirate other states boats, second prohibiting international crime and atrocity, like committing genocide, crimes against humanity and war atrocities, and rules prohibiting the violation of human rights, like slavery trade agreements between two governments and international convention between two states to co-operate on human trafficking, or a convention between two or more countries to co-operate on torture.
The concept of Ius Cogens is based upon an international acceptance of fundamental and superior values which is similar to the notion of public order in domestic legal systems. As a result, an international convention that conflicts with the Ius Cogens rule is considered void and produces no legal value.