Dear Editor,
Let me just get to the point and stop the weeks, months, and years of just sugar-coating the facts and realities of St. Maarten as to where we are at this point in time, where we need to be going, and how we have to address these very urgent and pressing matters, in order to get results now. The time for long explanations, awareness, and extensively explaining the facts and realities has passed.
Let us just get to putting and presenting the solutions on paper, and formally directing them to where they need to be, in order to establish resolutions, decisions, policies in the interim, and ordinances and laws over the long term. Let me just add that there already exist policies, model resolutions, legislation as well as laws on the books that may just be in need of amendments, based on the current realities of the time that we are living in. While in other cases, simply carrying out consistent control of all of the above immediately solves the problems we continue to face daily.
The facts and the realities of some of the pressing things that are going on here on the Dutch Side of St. Maarten, need to be comprehensively addressed post-haste. Doing damage control after every fact and every court case should not be our modus operandi in attempting to resolve these situations.
Most of the time, the damage has already been done. And it all ends up costing the people of St. Maarten. Because knowingly we just turn a blind eye as to what is already inevitable, based on the decisions that we continue to take without researching files and archives, in order to understand the origin, the history, and the root problem of whatever needs to be seriously addressed before, and not after the fact.
It is like treating a patient with medication based on their symptoms, without knowing, investigating, as well as understanding the root cause. And so that patient may desperately end up going from one doctor to the other in search of that one answer that can save their lives. My introductory point is very clear.
And so let me just get to the point as to how very practical our approaches can be in order to resolve matters once and for all, going back to my three subject matters previously mentioned:
Let me first start again by clearly stating as a fact, that we, the people of St. Maarten, already understand, have assessed, and know how to address and resolve our problems, based on our realities. Those realities are all archived in our history that everyone may know once researched, but we and our ancestors have lived. And so we must be the ones to lead at all times.
Subject matter One: It is very clear that our coastal beaches are public. It is very clear that bound by these public beaches most of the time are private properties, owned by individuals or companies. What is not very clear may be how our people are guaranteed access to these beaches. And so that can all be researched at the Cadastre & Land Registry based on the existing site plans, district maps, certificate of admeasurements, as well as Title Search or Land Registry Extracts (Schriftelijke Inzages). At some of these beaches, public access is clearly defined by access roads, alleys, walkways, and remaining domain land that represents public property.
The Boardwalk in Philipsburg to the Great Bay Beach is a perfect example of how public access is secured and guaranteed. The other public beaches on Dutch St. Maarten still have their own individual complications that would all need to be individually addressed at the same time based on the realities of every public beach. We will save the details for further discussions about the establishing of a Local Task Force, consisting of Civil Servants, Realtors & Appraisers, Notaries, and Kadaster.
Subject matter Two: When it comes to Domain Lands, we need to start with first evaluating the contents of our existing Domain Land Resolutions in order to come up with and present a Very Simplified/ Realistic & Practical Domain Land Resolution Policy.
This must be done in-house first, in order to give directions to external advisory bodies and consultants. Of course, in doing so, the Didam Arrest should be evaluated as to how this can give additional content to the local realities with the establishing of such a Simple Revised Policy that will be in the best interest of the People of St. Maarten First.
Subject matter Three: The Supreme Court Ruling on the Didam Arrest is very clear as to the realities of the Netherlands, but the very big question that is being asked is "How is this ruling going to affect, and is already affecting the Domain Lands owned by the People of the Dutch Caribbean Countries and Entities of Aruba, Bonaire, Curaçao, St. Maarten, Sint Eustatius, and Saba. What we know that is very clear in this Ruling are the following:
Phase 1: Making public the availability of the Issuance of Government Land in Long Lease. a) what is being issued; b) when will it be issued; c) how will the selection be carried out; d) time-schedule of the issuance;
Phase 2: The selection process will be based on the following: a) impartial criteria; b) transparent criteria; c) fair criteria;
The principle of equality begins after the completion of these above-mentioned phases, based on the Didam Arrest High Court Ruling of November 26th in the Year 2021(ECLI:HR:2021:1778), and so equal opportunities are granted to every individual applicant.
Still left to be seen is how this will affect the local People of St. Maarten, based on these set criteria, and whether our local People of St. Maarten will be able to compete, when going back to how this Supreme Court Ruling came about in this town called Didam in the Netherlands.
Also, in accordance with this Supreme Court Ruling, there also exists the term being used in its contents, referring to the Exception Rule. The Big Question is going to be how the Caribbean Countries of the Kingdom will be interpreting this. Based on existing decisions of the past that are pending. How will we be addressing past request applications for domain lands. Will these all become obsolete or null and void?
And what if persons decide not to re-apply in accordance with this process, based on the fact that they have already submitted requests for domain land decades ago? While the Didam Arrest and the legal scholars continue to present their interpretations as to this Ruling and the Civil Code, it is still left to be seen, based on the realities and cultures of our Dutch Caribbean Region, as to how we will be addressing all decisions made before November 26th 2021. And are we going to allow this Supreme Court Ruling to continue to hold our Countries, our People, and our Economies hostage?
The way of approach and resolve is very simple. Have our Policy for the Issuance of Domain Lands be restructured and amended, while inserting the basic principles of the Didam Arrest into the issuing of New Domain Land Long Leases post the Didam Arrest Ruling of 2021. Still to be continued until this matter is resolved in the best interest of the People of the Dutch Caribbean Region of the Kingdom of the Netherlands.
Achken Roberto Richardson.
