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Tomil, Gagil And Rull Estates Send Letter To The State Leaders

Resource: Yap State News Brief (April 8, 2013)

On Friday, April 05, 2013  estates from Tomil, Gagil and Rull sent a letter to Governor Anefal, Speaker Falan and the Council Of Pilung Chairman, Bruno Tharngan, regarding the “Dalip Pi Nguchol”.

 

The letter reads as follows:

 

“Dear Sirs:

 

Over the course of several months, some government officials have been premising their statements and charting their decisions around a purported decree of the Dalip pi Nguchol that all ETG’s investment activities in Yap State be ceased. This alleged directive of traditional authority may have been engineered by some to serve their socio-political interests or their agenda in opposing ETG’s investment in Yap. However, that directive is not of the Dalip pi Nguchol for the following reasons:

 

1. In the case of Tomil, the village of Teb has not instated a person to the state of their Nguchol for decades now. So the authority of their Nguchol cannot have been legitimately invoked as has been alleged.

 

2. In the case of Gagil, the person who signed for the estate of Bulwol have admitted to the village of Gachpar that he did not fully understand what he was signing.

 

3. In the case of Rull, the estate of Ruwey had issued a notice invalidating its Signature on the alleged decree.

 

4. Lungun or the authority of the Dalip pi Nguchol is a process of traditional governance that was meant to be employed through consultations or puruy between and among certain chiefly estates in Tomil, Gagil, and Rull. Obviously, without consultations with other essential chiefly estates, no single estate can alone effectively dictate over barba’ e nug, nor can three estates alone effectively exercise traditional authority over the whole State. This is because in order for a directive of the Dalip pi Nguchol to pervade all facets of society and be certain to be obeyed, it must be undergirded by the weight and political ties of both the Bulche’and Ulun. This is the check and balance in our traditional system of governance. The alleged decree of the Dalip pi Nguchol was fashioned without the process of consultations among the pertinent estates in Rull, Tomil, and Gagil.

 

Based on the foregoing, we declare that the Dalip pi Nguchol have not decreed that ETG’s investment activities in Yap ceases. The responsibility for foreign investment primarily resides in the province of government as a matter of law. And so we ask that officials of government rely upon the application of law and State policy, not an invalid traditional decree, to address whatever issues may still be lingering around the ETG investment project.

 

We are of the opinion that the authority of the Dalip pi Nguchol must not be hastily exerted on a concern of government that ought to be properly addressed through the rule of law and the implementation of government functions. If we continue to be this quick in seeking to deploy traditional authority on a concern of government– a concern for which the law is clearly designed to address — we will come to trivialize our system of laws and deflate confidence in the regime of government.

 

Finally, the Council of Pilung, itself an institution of government, is established by the Constitution as the first line of traditional authority to ensure that governmental acts do not adversely affect recognized customs and traditions. If the Council of Pilung fails in that mandate, or if out of utmost and absolute necessity, the authority of the Dalip pi Nguchol must be brought to bear on an act of government, let that be the decision of all the estates in Tomil, Rull, and Gagil, which have roles in the decision-making process of the Dalip pi Nguchol. Kamagar gad.

 

For Tamil,

Steven Mar, Nirnath Estate

 

For Gagil,

Francis Fithingmow, Pebnaw Estate

Andrew Yinifel, Miryang Estate

 

For Rull,

Victor Nabeyan, Tithera’ Estate

John B. Raganbay, Ruwey Estate

Thomas Falngin, Man’ol Estate”

 

A signed copy of the letter may be found here: http://yapstategov.org/downloads/DPN-04-05-13.pdf

 

Resource: Yap State News Brief (April 8, 2013)

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