Dear Editor,
The title may sound dumb, but I must borrow this line from MP Christophe Emmanuel, who uses it a lot when he is trying to untangle a situation. It is a line that has infiltrated my thoughts for some time and is refusing to leave. Has this been the case for the public as well; where their mind seeks clarity to some weird circumstances that just don’t make sense at all, or are referred to as nine days talk?
How is it possible that the Prosecutor’s Office can confiscate a boat that belongs to someone who is suspected of fraud, and that person turns around and moves it from the impounded location to elsewhere? What was on that boat that warranted the risk to steal it, without the fear of getting caught and the worries of receiving additional punishment? Or, was the boat really protected as intended by the judiciary?
Ironically, the other day when government was about to tumble down, it is alleged that this suspected fraudster was the deal-breaker between the opposition and some renegades from UD. Luckily, one opposition member refused to sign on to this continuous manipulation of these economic hit-men, who are designing and controlling the formations of governments. To this MP I give credit for exercising some semblance of integrity.
Consistently, the public is inundated with sentiments of dissatisfaction with this coalition from the opposition; yet, the level of wheeling and dealing has multiplied, especially since certain Members of the Council are being accused of misconduct. Not surprisingly, the most tenacious enticers are the younger MPs. Why is that? Are they being groomed or the mindset was already shaped, prior to their position?
People, don’t be fooled by pretty talk. Their performances may be glamorous, but ultimately, it’s like drinking poison from a golden cup.
This is why Ronald van Raak can write an article like the one that appeared in The Daily Herald on Monday, November 12 – one that reminded us of the corruption that is still permeating the political apparatus. And more disheartening, for the greater part, these traitors are not willing to make any changes to their behaviour, even if they are being closely monitored.
Take note of the recent luncheon date that occurred between an MP from NA and one from UD. When the public remarked that there will be a new formation which includes NA, what was the response of the UD member? He declared that the luncheon was a casual meeting to discuss the passing of his mentor. Interestingly, just a week ago, the truth that was rumored all along slipped out unexpectedly. This is what happens when a liar cannot lie.
The population is puzzled by the inaction of the UD leader towards the TEATT Minister, particularly to give an account to Parliament and to ask for his resignation after such shameful scandal. Although the Minister carries the responsibility for his negligence in both instances, the baffling question is: What are the benefits to the MP, to select and keep the Minister in this non-productive position?
These locally-termed nine days talks can be very troubling, especially when children are involved. In February of this year, a student from the Dr. Martin Luther King Primary School went missing for about four days. After hearing the terrible news, the community assisted the family in the search to locate the boy. Surprisingly, the then principal of the school remained silent, even though he was on island throughout the ordeal.
Where was he and why was he not part of the search team – a principal who always took the shine from his teachers, every time there was an opportunity to be in the media? Since this
mystery took place, the population have not heard one word about the wellbeing of the child. Why is the public so passive when the lives of children are endangered – youngsters who will be given the torch to carry on the legacy of nation-building?
Then a few months ago, a little boy died of suspected drug intake and that seemed to be a dead case as well. Who is really looking out for the welfare of children, when so many inquiries to their dilemmas remain unanswered? Moreover, why is the opposition so desperate to get back in government and why are Golden Boy and crew are playing such a dirty game? I cannot get it understand!
Joslyn Morton
Dear Editor,
Wednesday and Thursday last week were – if I’m right – the first days with 5 and 6 cruise ships in the harbor this year. The expectations were high among the business people along the boardwalk. I know at least several hiring an extra DJ to facilitate the 30,000 tourists to come. To surprise of many almost half of the beach chairs on the Great Bay beach were finally not rented. The boardwalk was not that crowded as expected. Okay, the weather was pretty cloudy the Wednesday morning but still, it was dry with no threatening really dark clouds.
Last Sunday there were 2 ships in. Half of the shops on Back Street were closed. It was quiet on Back Street. There were not many people walking around, even with two ships in.
I met around 1:00pm one of the shop owners (clothing) who was open. I told him being surprised that it was so quiet in town. “Sir, I’m open all day. You are my first client today,” he answered. He told me being in St. Maarten for 20 years that this experience was new to him.
The only explanation he could think of was the fact that cruise people, after doing the tour/excursion they booked, are returning to the ships and stay there, not coming to town.
I also have the impression that more than in the past more people remain on board of the ships, not leaving the cruise ship at all.
One thing is for sure, before Hurricane Irma the situation was different.
I’m curious what other reasons are causing the reduction of cruise ship visitors to Philipsburg, in comparison to before the hurricane. Anyone, any additional suggestions?
Name withheld at author's request.
Dear Editor,
Many readers may still recall the situation concerning “on call” teachers in 2012/2013 (see The Daily Herald, May 15, 2013). What came to light afterwards was that the then Minister of ECYS [Education, Culture, Youth and Sports – Ed.] had an issue with a teacher, who according to “her judgment” was “too often” on sick leave in the first half of 2012. The minister, however failed to get all her facts straight. The minister did not consider the seniority (43 years) and the track record of the individual.
* 1970-1978 (in Cur 8 years): Teacher’s degree, hoofdakte and several courses in teaching and dealing with students who have learning and behavioral challenges; (late bloomers specifically)
* 1978-2013 (in SXM 35 years): Various primary and secondary schools. General academics/theoretical teacher.
* 1992-2010 (in Pointe Blanche prison 18 years): Teaching inmates and prison guards multiple subjects, especially Pre-GED and GED for certificates. Social projects and humanitarian activities.
The above is not to justify, put anyone on the spot or sugarcoat any activity/inactivity from my end but solely to describe what happened and let it be back in the news in 2018, five years later.
In 2006, suddenly. I was hit by a heart attack that took me to Martinique for surgery. The specialist there could not give me any guarantee but I returned to the classroom. However in 2010, I was advised to stop with the prison work as it was taking a toll on my health, which I did reluctantly. Early 2012 my health took a step backward whereby I was not feeling well and even feared for my life. To make matters worse my youngest sister unexpectedly passed away. The family was going through a rough time as three more members died during that time. Once you have been at the edge, you know what it is …
The first benefit
Already having passed the pensionable age and experiencing health issues, my mind was made up that 2012 would be my last year of work. Not willing to sit down I was preparing to do something for myself privately. In the meantime the specialist at SMMC changed my medication which resulted in a major improvement of my health. Which up to this day I am very grateful for and see it as a great benefit. Health is wealth. Contributing to my health was also my diet change. What an enormous breakthrough!
August 2012, you can imagine my surprise, when the director of Public Education showed up on my doorsteps requesting me to return to school for one more year. I was to start the following morning (Friday) but I told her that was too abrupt as we had just returned from Curaçao for the funeral of my mother Mrs. Hyacinth Mathew-Smith. In any case I started the following Monday, at the same school, same position, same classroom but new sixth graders.
I never expected that this last-minute job acceptance would be the start of an arduous battle for my rights and wages. I was placed on “on call” while being every day on the job! Great support was received from most school colleagues, other well-wishers and especially WITU. It’s a pity, but same could not be said of the ombudsman. Is it only for high-profile cases, institutions or persons?
To all parties involved, the Landsbesluit 2011/2012 and explicitly art. 12, was pointed out. It states in essence: Previous work agreements continue when there is no written contract and employers and employee (stil zwijgend) agree to prolong the work relationship. Such agreement cannot be altered without previous consent by both parties. Both the teacher and WITU were arrogantly ignored! How great of an insult to our intelligence can this be!
At that time it looked as if our battle had reached a brick wall. Not giving up, however, was the only way to go. Behind every wall there is a wide open space.
The second benefit
Not to my surprise this time, knowing my self-worth and not being a powerless, the Divine Intervention, also called “The Law of the Universe”, intervened on my behalf. It was not a rejoicing matter, but because government fell, another Minister of EYCS was sworn in. Pending matters for WITU, including the “on call” system, were dealt with.
For us this was another great benefit and I thought that everything was back to normal, after having received rectified outstanding wages for 2012/2013. I give profound appreciation for this positive change of events.
Eradicating the consequences of this bogus “on call” system
Fast forward now to 2018. You can imagine my unpleasant surprise when the Tax Dept., apparently in their right, presented me with an enormous tax assessment for 2013! There is never a dull moment, always challenges waiting around the corner. Important is to never give up. A new battle was on to fight the consequences of this fictitious “on call” system.
If the 2013 tax assessment is not challenged this tax payer would end up paying double the amount he already paid in 2013. This whole situation needs to be rechecked and reevaluated.
Fact is:
- Landsbesluit 2011-2012 is valid.
- Teacher worked the whole year 2012/2013.
- “On call” system here not legal.
- Net pay + retroactive payments for 2012/2013 according to landsbesluit: 2011-2012 were valid.
- Calculation errors were made with late payments, no payments and lump sum.
- Statute of limitations is in play? For this taxpayer?
- Compensations for legal advice and “wettelijke rente”?
Not telling anybody what to do, we expect the Dept. of Finance to be able to locate the document in which the net pays were calculated and subtracted from the gross payment, leaving the rest for taxes and premiums.
Bottom line is that there is nothing wrong with an “on call” system on its own as long as it is implemented legally, transparently and fairly for everybody. Dr. M.L. King Jr. said: “Injustice anywhere is a threat to Justice everywhere.” SGI President D. Ikeda said: “Mistakes are a great educator when one is honest enough to admit them and willing to learn from them.”
We are all connected and are one human spiritual body. When I hurt someone else, in reality I am hurting myself. Do not believe or create boundaries, but unity. Let’s stick to our own field of work and not be judgmental. (Schoen maker blijf bij je leest.)
“It is important to have a sufficiently elevated life-condition so that you will be able to calmly accept whatever happens in life, striving to put challenges into proper perspective and solving them with a positive attitude.”
“It’s valuable to look for the strengths in others – you gain nothing by criticizing people’s imperfections. In fact, it is helpful to take a step back for even a moment each day and try to consider the feelings and positive qualities of others of whom we are critical.”
Dear editor, with this I want to thank you and looking forward to the third benefit, which is right around the corner. The next breakthrough is about to happen.
You are what you think (believe), and you think as you are (believe)!
Leopold Fitzroy (Roy) Mathew
Dear Editor,
Most people are looking for peace, unfortunately only few will find peace. The reason is you can only have peace if righteousness is established. This may be a shock to you, but Jesus is the Prince of Peace, but He did not come to make peace in this world.
Righteousness is the quality of being morally right or justifiable. Matthew 10:34. Think not that I am come to send peace on earth: I came not to send peace, but a sword. The peace of God surpasses all understanding. Blessed are the peacemakers for they shall be called the sons of God. Peace is not the absence of strife, fear of something or someone. It can seem peaceful, but it is a false peace. Peace is not total security or lack of responsibility or tranquillity.
Christianity is living in peace with God and solving the challenges in life through God. You can be in the storm of life and have peace with God, living happily. Peace is to let God control your life and let God’s will be done. You will never have peace living in adultery, fornication, homosexuality, stealing, murder, paedophilia, abortion and lying. You can never have world peace if you endorse a government that makes sin legal. (abortion and homosexuality and promote wickedness). You can never have peace accepting sin and promoting sin in life.
Peace is only established when you surrender to God. Only God can approve peace, peace is made only for people who let Christ live in them and allow God to rule their life. The truth is that I just learned this, because I have not totally surrendered my life to Christ yet. Having hatred and racism in your heart for people will never give you peace. But the most difficult thing for most people is to forgive. If we do not forgive and it is difficult, we will never find peace.
Peace is the consequence of something. Peace is established through righteousness when your conscience is clean. You can never get peace by continually living in sin and justifying sin. Until you turn away from sin and repent of your sin and confess it and reconcile with Christ that is when peace is established. Only righteousness will establish peace. In fact, only the righteous people shall be saved, because it is those who endure until the end. The good Book says put on the whole armour of God and fight the good fight.
The conclusion is peace will never become reality or possible without living and accepting Christ as your Lord and saviour.
The Patriot Miguel Arrindell
Dear Editor,
The Court of First Instance in Philipsburg is scheduled (on Tuesday, November 20, 2018) to hear open arguments from the dissolved insular Government of Sint Eustatius which was taken into receivership on February 7, 2018 by its Central Government – The Government of the Netherlands.
The dissolved Government officials are of the opinion that the Government of the Netherlands infringed on Statia’s “right to a full measure of self-government” as established by the United Nations and further concluded that the action of the Netherlands is in violation of international law as indicated by the Vienna Convention on the law of Treaties and now seeks the Court of First Instance ruling to reverse the receivership action of the Government of the Netherlands.
To put this into perspective, with the dissolution of the Netherlands Antilles, on October 10, 2010, Sint Eustatius became a public entity/body of the constituent state of the Netherlands. In other words, integrated into the Netherlands as a municipality and as such properly governed under the Constitution of the Netherlands, with the Central Government of the Netherlands having the statutory authority to “exercise supervision” or to oversee the local administration of Sint Eustatius, as provided for under Article 132 of the Constitution of the Netherlands.
Based on media reports, out of concern in which the Government was being administered, the Government of the Netherlands established a committee to investigate the operation and functioning of the Government of Statia. The Committee reported back that the Government of Statia was in a state of “lawlessness and financial mismanagement, threats and insults and the pursuit of personal power.” To this end, the Government of the Netherlands, invoked Article 132 of the Constitution through an Act of Parliament (namely the Temporary Act on Neglect of Duty in Sint Eustatius) and thereby dissolved the local elected government and appointed a “Government Commission” to oversee the governing of the Island.
In defense or to support the claim that with the dissolution of the local elected Government of Sint Eustatius, Statia’s right to a full measure of self-government is infringed upon – the dissolved local elected Government of Sint Eustatius cited Article 73 of the United Nations Charter and insofar as the dissolution action of the Netherlands being in violation of international law Articles 26 and 27 of the Vienna Convention on the Law of Treaties is cited. In addition there is also much talk about the use of Article 2 and 103 of the United Nations Charter to further solidify the case. An abundance of caution should be exercised here and the identified Articles should be closely examined with respect to the audience, intent and jurisdiction of the articles.
First and foremost, it is highly questionable whether or not, more likely not, Article 2 of the United Nations Charter can be used to further solidify the case against the receivership action taken by the Netherlands. Clearly Article 2 establishes the United Nations as membership based on the principle of sovereign equality. In other words, the content of the Charter speaks to an agreement for adherence between members with the notion that Members are equally sovereign.
Respectfully, Sint Eustatius is not sovereign and as such not a member of the United Nations, but only a lower administrative body (municipality of the Netherlands) of a sovereign member of the United Nations – the Kingdom of the Netherlands. This is addressed in the 7th part of Article 2 which states that “nothing contained in the Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matter to settlement under the Charter.”
As for article 103, this Article addresses a conflict between Members, where their obligations under the Charter shall prevail. Again, Sint Eustatius is not a member of the United Nations and the conflict is of a domestic nature between the local government and its Central government, so there is nothing to prevail within the realm of the United Nations Charter.
With that said and in regard to the view that the dissolution of the local elected government, Statia is deprived of “a full measure of self-government” which is recognized in Article 73 of the United Nations Charter as paramount and encourages all its members to promote self-government in its administration of territories.
Operationally, the basis of self-government warrants that administrative governed bodies to have self-rule and control of their internal affairs, free from external government control or outside political authority. Where self-rule does not extend to the right to unilaterally do as pleases within the Constellation, but expect to be govern or follow the established rules and regulations of the Constellation.
Given the factors laid out in Article 73 to determine whether a full measure of self-government is being attained i.e., assurance the people social, political and educational advancement, just treatment and protection against abuse; take the political aspiration of the people and assist them in progressive development and; promote constructive measures of development, none of these appeared to be violated. There is no question that there is hindrance with the receivership of the local government.
Second, without prejudice to Articles 26 and 27 of the Vienna Convention on the Law of Treaties, they have no binding force on the lawfulness of the Government of the Netherlands dissolving the local elected Government of Sint Eustatius. Specifically the Temporary Act on Neglect of Duty in Sint Eustatius that was for the dissolution of the local elected Government of Sint Eustatius. In general the Vienna Convention on Law of Treaties applies to agreements between states. While the Temporary Act on Neglect of Duty in Sint Eustatius is presumably an agreement between the Government of the Netherlands and the local elected Government of Sint Eustatius it is not a treaty.
What is a treaty? A treaty is an agreement entered into by two or more states, mainly of sovereign powers. Again, these Articles do not apply to the circumstances of Sint Eustatius.
The governing principle to which the Statia peril/crisis points to a political discourse rather than a legal case. The crisis is integrated into its (Statia’s) political statutory status as a Public Entity (of the Netherlands), the creation of conditions that the polity of Statia is not prepared to live under and appeared not to have understood from the inception. All parties must take care to determine the needs and welfare of the people of the Territory of Statia and place these before politics. The suggestive crisis impasse here is through political dialogue in institutional-building and likewise comprehension.
Julio R, Romney
Political Analyst
