That departing Ombudsman Nilda Arduin leaves some big shoes to fill was again confirmed during Friday’s presentation of her office’s 2016 annual report in Parliament (see related story). As the first person to occupy this new High Council of State function for St. Maarten, she can be considered a trailblazer who left behind a legacy that won’t soon be forgotten.
Arduin obviously took her role as guardian of the constitution very seriously, as witnessed in her submitting to the Constitutional Court various decisions considered in violation of the country’s organic laws and international treaties, such as the organised exploitation of animals in, for example, cockfights, longer prison sentences without review than permitted, etc.
Notable was her successful objection to the Integrity Chamber Ordinance passed by Parliament under pressure from the Netherlands, because changes were made without consulting the Council of Advice, potentially infringing on basic rights to privacy and a fair trial. The Hague was not happy with the delay and blamed the Government in Philipsburg, but ultimately had to agree that these concerns acknowledged in the Constitutional Court’s ruling must be addressed.
This doesn’t mean all local politicians and public administrators were always happy with the Ombudsman. Both the executive and legislative branches of Government have been criticised by her on more than one occasion for basically falling short in their respective tasks.
Perhaps most important, the bureau has become a trusted last resort for citizens who feel they have been done wrong by entities of the public sector. Enough proper follow-up to recommendations to which this leads is regrettably still not being given.
That’s a mistake, because for things to really improve such structural problems are not to be ignored.
