France having approved related legislation was called a major step toward formally settling the long-standing border dispute (see Friday/Saturday edition) between the Dutch- and French sides by St. Maarten Prime Minister Luc Mercelina (General Affairs). The Netherlands is expected to soon follow suit.
Based on the Partition Treaty of Concordia dating back to 1648, the island has long enjoyed peaceful existence despite the lack of a clearly defined boundary. Although that in principle comprises free movement of people and goods, each side operates under separate customs, immigration and tax systems. Occasional disagreements thus remained over certain issues like permits, law enforcement and environmental management.
The Dutch side is reportedly gaining 7,109 square metres of land at various points and the French side is obtaining jurisdiction over part of Oyster Pond, including Captain Oliver’s. The latter is relevant, because in 2016 Gendarmes arrested the restaurant and marina owner there for violations during pier-building activities, while this was considered to resort under St. Maarten’s responsibility.
Out of protest, then Prime Minister William Marlin did not attend November 11 St. Martin Day celebrations hosted by the French side that year. Dutch Minister of Foreign Affairs Bert Koenders also disapproved, saying the action had infringed on an earlier ‘status quo’ accord.
The demarcation line there was finally established seven years later using the internationally recognised principle of equidistance, effectively dividing the pond between the two sides. In addition, the border along the road leading to Oyster Pond will shift north in favour of the Dutch side.
At the time Prime Minister Silveria Jacobs said the changes primarily affected public areas and would not alter the overall size of either side, namely 16 (St. Maarten) and 21 (Saint Marten) square miles.
The border along the road in Cupecoy will shift north in favour of the Dutch. The border along Marigot Hill Road will shift north in favour of the Dutch. The Dutch will retain authority in the Higher Bethlehem area and the border along the road in Belle Plaine will shift west in favour of the French.
The new treaty includes an arrangement about the preservation and maintenance of the border, the mutual rights of citizens in (border-crossing) inland waters, the legal position of persons and entities affected by the treaty and the establishing of a joint border committee.
Jacobs had explained that individuals are not impacted, as it is government land or belongs to the same families on both sides. “The persons that will be proportionally impacted have been informed. However, the new treaty ensures that the relevant authorities will ensure the rights of anyone impacted by the changes will be properly addressed,” she stated at the time.
The latter is very important. In no way may law-abiding businesses and/or citizens again suffer so-called collateral damage in this matter.
