Beach Ices at Praa Sands
Ice meeting the sand at the base of the low cliff behind Praa Sands Beach, West Cornwall. 6th January 2009....
Icicles at Trewellard Bottoms
Water seeping through a wall is turned to icicles, ate Trewellard Bottoms, where Geevor Mine meets the sea....
Winter Sunset at Levant
A late afternoon scene, at Levant Mine, West Cornwall. 7th January 2009....
Winter at Levant
The old electricity generator building, at Levant Mine, West Cornwall, during the recent cold snap. 7th Jnauary 2009....
Just received the following document from Cornwall 2000 which requires even more resolute action. It is self explanatory but further comment will be added to this forum. Please extract and circulate the contents via any medium and method to bring it into the public domain as a matter of urgent public concern.
I have included it here and will add some TGG comment over the next 24 hours.
I have created the post below to spread around the internet, what do you think? Please suggest improvements ASAP!
For some time now various Cornish groups have been campaigning for the Cornish to be recognised as a national minority for coverage under the Council of Eu ropes framework convention for the protection of national minorities; more here on the FCPNM: http://en.wikipedia.org/wiki/Framework_Convention_for_the_Protection_of_National_Minorities
The UK government has told the CoE that it does protect its national minorities but it uses its race relations act formula and does not as such recognise legally the term national minority. The RRA formula means that the Scots, Welsh and the English (even though they are a national majority) are recognised as distinct groups because at some time or other a case involving these nations has been brought to court. The Cornish are not covered and therefore do not qualify for equal treatment and funding of their culture and identity. Every time Cornish folk have tried to bring a case it has been stifled through lack of support from the commission for racial equality.
Recently the government had to give a report to the CoE concerning the FCPNM and in the build up numerous Cornish groups and individuals submitted information and questions in an attempt to get the Cornish recognised and covered.
The Government refused to do this providing the most spurious of reasons; for more information read here: http://cornishstannaryparliament.co.uk//resources//article.php?story=20070118175652689
To challenge this an attempt was made to secure through the High Court an interim prohibitory injunction preventing the Secretary of State from submitting the UK 2nd Report on the Framework Convention for the Protection of National Minorities to the Council of Europe without first subjecting that document to judicial scrutiny. The hearing took place on Friday 26th January 2007 before Mr Justice Mitting in Court 3 at 10.30am.
This link provides you with the details of the stitch-up organised by the UK courts system, it makes for some interesting reading: http://www.kernowtgg.co.uk/fcpnmti.html
Is this the kind of behaviour the CoE and expects from one of it member states?
It would be prudent to refer to the actions of Cornwall 2000 in bringing this matter to the High Court.
Worth, also bearing in mind that this action was with regard to the inconsistencies and maladministration by the Home Office. Principally by the Race Equality Unity (REU), which now resides within the recently creation Department for Communities and Local Government (DCLG).
Also, not only stifled by lack of support by CRE but principally because of Institutionalised Discrimination engendered, and engineered, against the Cornish national minority.
As with the CSP action it is based on being treated equally to others within the legal processes.
Fight for Judicial review of policy towards the Cornish
"This can be sent out to anyone, anywhere, on any forum. We need to publicise the fact that Gov are not only trying to block judicial scrutiny of policy on Cornish but also prevent the decision to exclude Cornish from ever being challenged. An application for a Protective Costs Order could hinge on the level of public interest aroused! Maybe questions in Parliament might help - some form of press coverage is a must !!! ."
http://www.kernowtgg.co.uk/fcpnmti.html
What will it take for ALL FIVE of our Cornish MPs to put out a joint statement of support and raise these matters in Parliament ? - first the government have excluded the Cornish from the FCPNM, then the refusal of the Census 2011 tick box and now this !?
Don't forget the Stitch-up in the Truro Court on 2 January 2007 and the issue of Public Interest Immunity Certificates against those who were trying to defend the culture of the Cornish against the aggressive policies of the majority, in January 2002.
As you are probably aware I do have a working knowledge of the FCPNM and I recently asked how we, as Cornwall Council, have informed the Council of Europe of our treatment. I was surprised to learn that Cornwall Council had made representation to the C.of E. without reference to the elected Members, but at least we had made representation. I will forward this to you, after this email.
In terms of gaining wider publicity of the government injustices against the Cornish, I have been trying to engage the British media, and will let you know of any success.
Ian Naysmith
Race Equality Unit
Department for Communities and Local Government
7th Floor Eland House
Bressenden Place
London SW1E 5DU
Email: ian.naysmith@communities.gsi.gov.uk
"Dear Mr Naysmith
Draft UK Framework Convention Compliance Report
I am writing to you firstly to express our disappointment at the Government's decision not to include the Cornish ethnic minority under the provisions of the Framework Convention for the Protection of National Minorities. We feel that this is regrettable for various reasons, many of which we have outlined over the years in our correspondence to various Government departments.
Our main concern at this moment is with the draft UK FCC report and would like to highlight and question you over what we believe to be some salient points.
The report states that the Government included the organisations that made representations for the Cornish to be included within the scope of the FC in its consultation process. However the Celtic League made such representations on a number of occasions, but we were not included, as far as I could tell, in any consultation process. We would therefore like to know how you went about this consultation and how you chose the organisations to include in this process. We therefore must question the fullness of your inquiry.
Additionally the draft report further states that you are not convinced that a move away from the RRA formula can be justified, but you fail to give a reason for drawing this conclusion. It seems that there is no option for the inclusion of the Cornish, within the provisions of the FC, outside of presenting a civil court case. This as you are probably aware is an expensive and potentially risky course of action.
In contrast however, the draft report mentions other ethnic groups that the government indicates receive official support as per the Convention (FCPNM), who, we are fairly sure, do not have Race Relations Act case law references either ( e.g. Chinese, Black people). We would therefore like to know if this is evidence of the Government employing double standards.
We look forward to receiving your response.
Celtic League
Cc. Phil Woolas MP, Minister for Local Government and Social Cohesion
Mr Antti Korkeakivi, Executive Secretary, Council of Europe, Directorate General of Human Rights - DG II
Ms Elena Jurado, Administrator Council of Europe , Directorate General of Human Rights - DG II"
[list]1. The Council of Europe has received from Cornish people “substantial information as to their Celtic identity, specific history, distinct language and culture” and finds that whilst the Race Relations Act has an important role to play, there remains scope to include other non-RRA designated groups within the Convention. [Comments 16 - 17, Advisory Committee Opinion 30 Nov 2001].
2. When the Advisory Committee asked the Government to supply further information on the claims of the Cornish to be included within the Convention, the Government said “The Government does not believe that any rights are denied to any individual in Cornwall as a result of their Cornish origins” [Home Office, Response to Advisory Committee ‘List of Points’, July 2001]. As the Government said that it did not believe those who informed that the Cornish are being denied rights associated with the Convention, Cornwall 2000 asked if Government would consider conducting an independent investigation into these matters. The response was “No – and the Home Office has no plans to conduct such an investigation” [9 Dec 2003 letter from Home Office Race Equality Unit].
3. Page 8 of the UK 2nd Convention Compliance Report says that although the Cornish are excluded from the Convention, it will not provide a list of groups covered by the Convention. So what Government are saying is “We do not know who is included, all we know is that you are excluded!”. The Cornish are the only Census 2001 group, and UK ethnically monitored group, to be specifically targeted in this way.
4. The desire for Cornish people to be included within the Convention is shared by the Council of Europe, the Cornwall County Council [including the Local Education Authority], numerous M.P.’s, many Cornish cultural organisations and countess individuals. Of those 46 UK wide organisations and individuals consulted just on the Framework Convention in 1999, nine were concerned with issues in Scotland, nine were concerned with Welsh issues, but sixteen were concerned with Cornish issues [Home Office letter 22 April 1999]. Within Cornwall, exclusion from the Convention has received front-page press coverage, and remains a constant source of lingering resentment. Public interest group ‘Cornwall 2000’ was established purely to drive inclusion forward.
Government say that the Convention applies only to those groups who have achieved case law recognition under the race Relations Act 1976. It is said that Cornish are excluded because they have not been designated a racial group by the Act. Yet Government has been unwilling or unable to demonstrate that all groups included within the scope of the Convention are case law recognised groups and it is known that some Convention groups have been designated racial or ethnic groups merely at the stroke of an administers pen..
5. The primary concern is to secure rights under the Convention for Cornish people, of which there are approximately 170,000 in number. However, the present legal action also seeks to obtain a Mandatory Order compelling the Government to compile, and make available to the public, a definitive list of specific groups covered by the Convention. A total of 79 ethnic groups are recognised for the purposes of the 2001 Census, NHS and DfES ethnic monitoring [of which the Cornish are one such group]. However, Government has so far refused to state which of these ethnic groups fall under the scope of the Convention and which do not. This gives rise to uncertainty, it also prevents full and effective implementation of the Convention. Therefore the proposed claim effects not just Cornish people, but all those groups which government have yet to either include or exclude from the Convention i.e. potentially dozens of minority groups and millions of people.
6. On 26 Jan 2007 an application for an injunction preventing Government from submitting its report to the Council of Europe until after subjection to judicial scrutiny was turned down. One reason given by the judge was that delay would deprive other groups of Convention benefits. Ian Naysmith of the UK Race Equality Unit represented Government at the hearing. On 10th Jan 2007 Ian Naysmith wrote to Philip de Breton “You refer to groups being "in receipt of FC benefits", including funding. However, we are not aware of any additional activity, or consequent benefits to anyone, that have occurred in the UK as a result of the Framework Convention. The Government's policies to promote race equality and tackle racism, which are summarised in the draft report, would have been implemented anyway.”
[/list:u]
Thank you for your email of 29th January to the Secretary of State, which has been passed to me for reply. The contents of your email have been noted.
The issue to which you refer is the subject of legal proceedings. As the matter is currently before the Court, it is not appropriate for me to comment further at this stage. I confirm, for the avoidance of doubt, that the Secretary of State's position on all substantive issues in relation to this claim will be made clear in those proceedings.
I note that you have raised a concern regarding the way in which the Administrative Court has handled Mr Angarrack's claim thus far. As you will appreciate, the Court is entirely separate from, and independent of, the Race Equality Unit and I am unable to comment on your concerns in this respect.
Yours sincerely
Ian Naysmith
Race Equality Unit
Department for Communities & Local Government
7th Floor/K10
Eland House
Bressenden Place
London SW1E 5EB
That is, frankly, the sort of sneering letter that a Cornish person might expect from the DCLG!
He's having a laugh! No doubt Lyskerrys will come into this thread to bolster up this obviously false assertion since he is such an avid supporter of the Anglo-centric system! Thank goodness for Europe!
The Council of Europe Framework Convention for the Protection of National Minorities [the Convention] is the first international treaty designed to protect the culture and promote the identity of endangered minorities. There is a presumption in law that international agreements will be interpreted and implemented so as to give full effect to their purpose.
The way forward is determined by the underlying aims of the Convention, with the provisions contained within each Article being implemented through “national legislation and government policies” [Convention preamble]. This necessitates Government taking measures to develop the minority language, fund the minority culture, promote the minority identity, avoid assimilation without consent, facilitate access to the media and take measures to foster knowledge of the unique history, language and culture of the minority group within the education system [Articles 4, 5, 9 and 12].
Page 8 of the UK 2nd Compliance Report due to be sent to Europe by the 20th Feb 2007 says that Government will not provide a list of groups covered by the Convention. The same page also says that the Cornish are excluded from the Convention. So what Government are effectively saying is “We do not know who is included, all we know is that you are excluded!”
The Cornish are the only UK indigenous language group, UK Census 2001 group, and UK ethnically monitored group, to be specifically targeted in this way.
It is therefore in the public interest that the Courts help put an end a bizarre situation whereupon a Chinese businessman lands at Cornwall’s Newquay Airport to find that his state-sponsored culture and billion speaking language community are protected and promoted by UK taxpayers under a Convention designed to keep alive threatened European cultures; whilst the endangered identity, language, history and culture of the small indigenous European community he arrives amongst is excluded from the Convention. [Comment 162, 2nd report and 189, 1st report reveal UK Convention compliance taking the shape of funding for “peripatetic Chinese language teachers” and “Chinese New Year Festivities”].
The Government are not only trying to block judicial scrutiny of policy on the Cornish, but also prevent the decision to exclude Cornish from ever being challenged.
Please write, and ask others to write, on this and other issues contained here to the Secretary of State:
PSRuthKelly@communities.gsi.gov.uk
and
Ian Naysmith
Race Equality Unit
Department for Communities and Local Government
7th Floor Eland House
Bressenden Place
London SW1E 5DU
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Route Partnership Plan for Penzance unnecessary
Their plan having been rejected by the public in the final exhibition in Septmber with 90% against the Route Partnership have decided to try again in mid January after a mailout and poster campaign.The Chamber of Commerce has been at the forefront of this campaign.
