Article 25 trumps Article 16 of the Kingdom Law on Financial Supervision

Dear Editor,

  The conclusion I have come to after reading a letter dated October 19, 2020, sent by Minister of Finance Ardwell Irion to State Secretary Raymond Knops is that article 25 of the Kingdom Law on Financial Supervision trumps article 16 of the same law. A text from the advices of the Department of Judicial Affairs and Legislation from the Ministry of General Affairs both from St. Maarten in my interpretation explains the matter clearly.

  Article 16 outlines the rules and procedures that are to be followed when attracting loans for capital expenditures. And as the Minister of Finance explained and I quote: “The bond being floated for St. Maarten was not for capital expenditures, but to cover the cost of government operations, including social services such as the food voucher program, programs under the St. Maarten Stimulus and Relief Plan (SSRP) such as the income and unemployment support initiative,” end of quote.

  These are vital to the people of St. Maarten. What I find extremely irresponsible is the fact that the Committee for Financial Supervision did not do its proper due diligence. Had they done so, they would have known that article 25 trumps article 16 of the same Kingdom Law on Financial Supervision.

  The advice presented to the Minister of Finance a text of which was sent to State Secretary Raymond Knops was very clear and gave a historical narrative of the reasons why I come to the conclusion as stated. The advice to the Minister of Finance explained that deviation from Article 25 is allowed when it comes to extraordinary instances such as restoration of damage caused by natural disaster, the government of St. Maarten can do so in agreement with a decision from the Kingdom Council of Ministers.

  According the advice given to the Minister of Finance, permission to deviate was granted by the Kingdom Council of Ministers on March 16, 2018, for the 2017 and 2018 budgets, permission was again given on November 23, 2018, for the 2019 budget. Repeated again on March 27, 2020, for the 2020 budget. The letter also explains that although the Committee for Financial Supervision has no decision-making authority when it comes to article 25 to deviate from the procedures in article 15 they were advising such; however, this should not be the case as was done in their letter dated June 24, 2020, to Prime Minister Mark Rutte and their email of October 14, 2020.

  This action has caused fear amongst potential subscribers to the 75-million-guilder bonds. These funds could have been used to pay off the 50-million bond loan which matured October 21 with a remaining balance of 25 million which is definitely needed.

  What was also noted in St. Maarten’s advice is that article 2 subsection 6 and 8 of the National Ordinance stipulates that the Minister of Finance is authorized to enter into agreements for loans that are necessary in the amount of 140,500.00 million guilders related to COVID-19.

  The Committee for Financial Supervision must apologize to the people of St. Maarten for this blunder.

  Finally, in my opinion the Kingdom Council of Ministers have set a precedent when it comes to article 25 (which the people of St. Maarten appreciate) which has to be continued seeing that the financial situation of St. Maarten has not yet been restored to the point where adherence to the budgetary norms is realistic.

 

George Pantophlet

Member of Parliament

Open letter congratulating the Statia people and PLP

Foundation Nos Kier Boneiru Bek and the Bonaire people congratulate the people of Statia with their overwhelming victory on October 21,2020, re-affirming the PLP leadership as their legitimate legal democratic representation. The Statia people showed with this win that they never accepted the betrayal and violation of their sacred democratic rights and send a clear message to The Hague.

  In February 2018 the Dutch government led by their military-poised state-secretary colonel Knops deposed the same government with the same leaders, through an un-democratic act, abuse of power, an coup d’etat.

  A historical moment of victory to the Statia people, strong and determined, defeating Dutch 21st century colonialism. A resounding rejection against Dutch colonial rule, very loud, very clear, claiming back and restoring their government they have elected themselves in March 2015. Reassuring that the people are the ones that have to judge and decide which government they wish. This serves as a message of courage and hope to all other Antillean islands, especially the autonomous bigger islands Curaçao, Aruba and St. Maarten, that are at the moment under duress of the Dutch government, using the COVID-crisis to blackmail them, forcing them to cede their autonomy for a loan with improper conditions. Statia has risen again and standing tall as a nation of people with dignity, that want to decide themselves on their own island, to determine themselves their own destiny, and want to protect their inalienable fundamental right to democracy, right to self-determination and self-governance.

  As Statia government was seeking to honor and respect their people’s democratic choice and voice to regain their autonomy back, the Dutch government, initially Minister Plasterk and thereafter State Secretary Knops, were denying these fundamental rights to the Statia people and their government. During all these times, when the Dutch government abuse their power, with unjust laws and committing crimes against humanity, against Statia people, almost all the Antillean leadership and governments and political parties did nothing to condemn the Dutch government or support and protect the Statia just cause, their struggle to have Holland respect their inalienable rights. Nos Ke Boneiru Bek was one of Statia’s only alliances that stood up, spoke out, fought back the Dutch government frontally on their un-democratic abusive actions against the Statia people. Together in alliance with the leadership of Statia government Nos Ke Boneiru Bek embarked on the trajectory to regain back their autonomy, towards the United Nations Headquarters and the international community, raising awareness and more on the illegal annexation of Bonaire and Statia on 10-10-10. After the Dutch government illegally deposed the legitimate government, Nos Ke Boneiru Bek together with representative of the Statia people’s government made another historical breakthrough in April 2018 to meet officially with the Caricom headquarters secretariat in Guyana, and denounce the Dutch government’s illegal actions, and have the Statia government’s “white paper” officially handed over and disseminated among all the Caricom members. This was the first time the Caricom leadership was officially informed and understood what happened with the Antillean islands after the dissolution of the Netherlands Antilles on 10-10-10.

  Today we are looking back on these recent historical battles for the rights of the Statian people, but more important now is the Statian people’s heroic action that decided to put their same courageous government leaders back at front of their struggle to continue fighting for them, moving forward seeking their rightful self-determination and human rights.

 

James Finies

President Foundation Nos Kier Bonieru Bek

Never let a good crisis go to waste

Dear Editor,

  This article might not be on the level for the masses to understand but I will try my best to keep it simple.

  Long before Rahm Emanuel (former Chicago mayor and Obama chief of staff) first used the expression during the recession of 2008, Sir Winston Churchill is credited with saying, “Never let a good crisis go to waste,” in the mid-1940s as the end of World War II was approaching. The purpose for this article is to show people how to apply political science to benefit you and accomplish things that in normal situations you can never get done that is now possible to accomplish.

  In many cases it will be done deceptively. Very important deception is to be fooled without knowing you are being fooled. This article is to open the masses of people’s eyes to political deception if they are willing to learn and see this world as it truly is.

  Presently the COVID-19 and the financial challenges in the world are the perfect storm for the New World Order (NWO) to accomplish its deceptive objectives. When people are in fear they are easy to deceive and to give up freedom for a false sense of safety and security. This is what Communists and Socialists have done to control the masses.

  The next step is to make other people who oppose your ideology or manner of thinking become your opponents, enemy, by creating false doctrine that they hate you and do not like you.

  It can be done in many ways. You can use your opponent’s success to create hatred against the unsuccessful man, by making them jealous, telling them the system is rigged against them or the unsuccessful people, therefore we must change or destroy it. You can use color of skin or race to manipulate people, stating the reason why you fail is because the system does not like your race and therefore you are poor and unsuccessful.

  You can also use gender to accomplish deceptive objective by stating why certain people need special privileges because they are minority or by nature they are weaker. You can put women against men, telling them you need special rights because physically a man is stronger than you therefore laws can be created to give you an advantage in certain circumstances.

  You can use minority rights to accomplish special rights for homosexual people in the name of equality.

  The COVID-19 issue is being use in a very deceptive manner in USA, China, Europe, Russia and Australia and in many countries in the world to control people. This is happening presently here in St. Maarten. A good example is how the French-side Prefet used COVID-19 to create the border issue here in St. Maarten.

  Jealousy, color of skin and failure and gender issues, last but not least religion are all prime ways to deceive and control people. To control people you have to create chaos and confusion. The solution and answer will be that is why we need big government with supreme powers to make and keep peace.

  The next objective is that you must disarm the law-abiding citizens from protecting him- or herself and make it a crime. The government has better control when the people (the loyal majority) cannot challenge or put up resistance against the establishment (government). The objective is to do what the elite say and think what they want you to think in order to have order.

  They will give specific people privileges’ to inform the government when people that disagree with them and oppose them. They will use the word “equality” in the form to keep people equally successful meaning no reward for hard work even if you take more risk and accomplish more.

  The loyal obedient majority is what the establishment need. Then after they can welcome in the real leader who is none other than the Anti-Christ.

  The conclusion is: be careful how much freedom and rights you give up to government, because once you lose freedom it is very difficult to regain. The only way out will be the sacrifice of your life.

  Choices have consequences, choose wisely. The only leader you should follow blindly is the true and real master and savior Jesus Christ. That is the path to everlasting joy and life.

 

 

The Patriot Miguel Arrindell  

Take the Statians seriously

Dear Editor,

  “But I told the minister, with my finger directed at his nose. I said to him, ‘If you come, when you come, be prepared for the consequences. Because if you bring in the military, we will kill them and we will burn them in the streets of Statia.’” This is a statement made by Clyde van Putten, the most important politician in St. Eustatius, who won the elections on the island last week. This statement is from 2017, after the island was hit by Hurricane Irma. The Hague offered emergency aid and military support to repair the worst damage. Aid that was used by Van Putten to turn the island people against “the Dutch.” He even threatened to kill these emergency workers and then burn them and drag their bodies through the streets. An expression of his aversion for people from the Netherlands.

  Van Putten was the winner of the elections and his party, the PLP, took three out of five seats in the Island Council. Van Putten was also in power when the administration was put on non-active in 2018. The reason was the “serious neglect of duties” by the Statia administration, which had terribly neglected the island. This also involved fraud and corruption, discrimination and intimidation. The administration refused to recognise Dutch supervision and Dutch laws any longer. At the time, I thought it was a very difficult decision to temporarily abolish democracy on this island. Yet I agreed, as did all other political parties in Dutch Parliament.

  We have invested a total of about 65 million euros in Statia, which is about 20,000 euros per inhabitant. In infrastructure, facilities and better governance. Things have gone wrong; it is not easy to rebuild a Caribbean island all the way from The Hague. Certainly not in times of corona. Nevertheless, the state of the island is much better now than it was in 2018. Last week the people elected a new Island Council, as a first step to restoring the local government. The Statia people elected the same party and the same people who seriously neglected the island in the past. They are also the same politicians who preached an aversion to the Dutch and called for the island to break with the Netherlands. Van Putten was on the list of his party, but was chosen with preferential votes.

  The dislike of the Netherlands in St. Eustatius seems to be deep, I once noticed during a visit in 2012 with some fellow Members of Parliament. When we arrived at our hotel in the evening, almost everything was locked and all employees had left. The beds had not been changed and the bathroom had not been cleaned. This is quite an insult in the Caribbean cultures where hospitality is so important.

  A big difference with Saba, the neighbour island which is also part of the Netherlands. The people of Saba are not only proud of their island, but also of the relationship with the Netherlands. And about the investments that are made. Many mistakes are made by the ministries and I always invite the politicians on Saba to share these problems with us. After which they receive the support of almost all parties in our Parliament.

  We should not complain about the choice of the Statians for it is their right to determine their own future. We will have to take these votes of protest seriously. The Statians cannot distance themselves from the Netherlands by means of elections as this is only possible with a referendum. I propose to organise a referendum, in which the Statia people can make a choice. If they want to be part of our country or not. If they want support from the Netherlands or not. If they want a Dutch passport or not.

  Continuing with politicians who do not want to cooperate makes no sense. Unfortunately, the past has proven this.

 

Ronald van Raak

Member of Parliament for the Socialist Party (SP)

High councils of state and first responders carried our democracy

Dear Editor,

 Ten years of constitutional reform arrived fast and furious. October 10, 2020. It’s been a tumultuous decade plagued by hurricanes, and a lack of political willpower to acknowledge our mistakes and a commitment to do better. The end of a decade that culminated in a COVID-19 pandemic that caught the world off guard and brought St. Maarten to its knees. No one expected this.

  It has become crystal clear we failed to learn from our mistakes while being an Island Territory under a former constitutional arrangement – the former Netherlands Antilles. We were granted a new constitutional status within the Kingdom of the Netherlands that would allow us more freedom by bringing the decision-making process taken closer to home and we squandered it. No need to fly to Willemstad by our then-senators for meetings to “defend” our island or bring back what we deserve from the Federal Government’s coffers.

  During the last Federal elections held on January 27, 2006, the then-Netherlands Antilles faced an estimated debit of over five billion Antillean guilders (NAf. 5 billion). St. Maarten debts were calculated as over five hundred million (NAf. 500 million) including the debts at the time of government-owned companies.

   We aspired to assume our own responsibilities and new tasks to execute policies, programs and projects that would enrich the quality of the lives of all our citizens. A new status that would enable the policy-makers to look their constituents squarely in the eye and keep promises made of safer streets, affordable homes, less taxes, better jobs, modern education, strong economy, healthy environment.

  The new date (first January 2010, then later revised to October 2010) had many on St. Maarten worried. Yet the willingness to put our shoulders under this new structure and create a better, stronger St. Maarten prevailed.

  Our frontline public servants such as teachers and first responders, including police officers, firefighters, nurses, went beyond their calls of duty in spite of the fact that for many it took a decade to have their new legal status finalized. After all, we are only sixteen square miles, easy to drive around or walk into the neighbourhoods. Not too difficult to manage, right? Wrong.

  Instead of the above, after a shaky start on 10/10/10 we clearly lost our focus of working for ALL our people ALL the time instead of working part-time by most of our elected representatives over the past ten years. Not taking a leaf from the Antillean history pages especially in terms of creating a stable financial management for our governments had dire consequences. For example, the General Audit Chamber of the former Netherlands Antilles warned in its yearly reports of the unbalanced budgets, gross financial mismanagement and tardy submission of the financial reports and lack of approval by Parliament. Today our own General Audit Chamber sounds the same alarms as its predecessors.

  After ten years, we can state that the true “saviours” of our young democracy are first and foremost the majority of people and businesses who suffered yet peacefully put up with lack of decisive and emphatic leadership while still giving consecutive governments a chance to govern. Secondly, after a decade our system of checks and balances put in place prior to 10/10/10 works to a great extent. The separation of powers between the legislative branch (Parliament) and the executive branch (Council of Ministers) is a good example.

   The establishment of the high Councils of State – the Council of Advice, the General Audit Chamber, and Ombudsman office – carried the day for our democracy. These women and men deserve much credit and respect for taking their responsibilities to the highest possible level. Their recommendations must not end up on the proverbial “back burner” of Parliament. Rather the contents of these reports must be discussed, prioritised, approved and executed to the benefit of our constituents and businesses.

  The other institutions guarding as well as guiding this elaborate process of making this new status work include the Constitutional Court, Council for Law Enforcement, Electoral Council, Corporate Governance Council and other councils and chambers.

   We cannot turn back the clock. After ten years we can safely conclude that the patience and good will of our citizens have run dry. Looking forward we must:

  1. substantially strengthen our economic and financial income base by working in close partnership with the private sector.
  2. lessen the tax burden by broadening its base and eliminate taxes that do not work. This is especially important for our elderly population.
  3. drastically improve education in all aspects.
  4. deep-clean all our neighbourhoods.
  5. deliver affordable homes for our people we have been promising for so long.
  6. have a diplomatic strategy to positively engage with our partners in the Dutch Kingdom.
  7. last but certainly not least, appoint a COVID-19 “Tzar” plus a team to present a coherent COVID prevention, containment and eradication policy for the next short- and midterm until it is safe to live normally again.

   The time is here and now for the elected officials to deliver on its promises and for the people to prosper.

 

Gracita Arrindell

The Daily Herald

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