Constitutional Authority

Dear Editor,

The Constitution of Sint Maarten was unanimously adopted by the island council of Sint Maarten on July 21, 2010, and entered into force on October 10, 2010, the date of the dissolution of the Netherlands Antilles.

The Constitution does not grant anyone or any entity the authority to postpone or cancel a Dissolution Decree once it has “entered into force” by publication, according to Article 89, including His Excellency drs Eugene Holiday, The Council of Ministers or Parliament of Sint Maarten.

A dissolution of Parliament requires new Elections. Therefore, elections must be held according to the Dissolution Decree (Landbesluit Van de 28e oktober 2015, no. LB-15/0951) on February 9, 2016.

Article 59 of the Constitution, unlike Article 33, is an Article that must be enforced “as is.”

Article 59:

1. Parliament may be dissolved by national decree.

2. An order for dissolution shall also require new elections to be held for Parliament which has been dissolved and the newly elected Parliament to meet within three months.

3. The dissolution shall take effect on the day on which the newly elected Parliament meets.

We, the people of Sint Maarten “… declare that we are a people that believe in the principle of democracy, the rule of law, the principle of the segregation of powers, the dignity and value of the individual, the entitlement of all persons to the fundamental rights and freedoms; …”

Lisa Alexander

Message to SZV Bank

Dear Editor,

Please allow me to address the Social Health Insurances SZV Bank on the occasion of the 67th anniversary of the universal declaration of human rights on December 10, 2015.

Ladies and gentlemen...

We come here today

over the bank in Great Bay

Place now called Harbour view

To present our main point of view

On this the 10th of December, 2015

knowing that on this day

In the year 1948, 48 nations

of the then United Nations

came together

And ratified the international convention on human rights

However, today 67 years later

We come to denounce the abuse

Of our human rights in St. Martin

And the open misuse

Of the law that was meant to protect us

We speak for all those that have suffered

But can't speak for themselves

Because they are now silent in their graves

We speak for those that would like to be here

But they are confined to a hospital bed

because of hard labour and bad treatment

We also speak for those that

After working so hard for many, many years

They are still working two jobs to make ends meet

Because they were refused the pension they seek

We speak this morning for our young and coming generations

We speak for the unborn so they too

Don't have to go through

The same sufferation

And deprivation

As we do

We are appealing to you

Ladies and gentlemen

For you to join with us

To find the solutions

And by so doing, together

We will confirm to our forefathers

That their resolution

Was not just a mere illusion

Raymond Helligar

SHTA and politics?

Dear Editor,

As a former president and board member of the SHTA and still a regular member, I have to agree with Marinka Gumbs’ comments in both daily print papers and on Facebook –

SHTA should stay out of politics; historically that has been the case for the most part.

Our association must be able to work with any and all governments St. Maarten will ever have in the interest of promoting tourism to our island in the broadest sense of the word. Taking sides in a political debate can never be good for the association nor for its members in good standing. Calling for (early/snap) elections to be held on February 9, 2016, is clearly siding with the ousted UPP/Marlin-Romeo/Richardson/the-other-guy coalition and all the new parties that are screaming about “the rights of the people being trampled” and all that other foolishness.

The only good thing that could come out of elections in February of next year, without serious electoral reform (such as maybe instituting that to form a governing coalition, 2/3 of the 15-member Parliament is needed instead of a mere one-seat majority), is that we will probably get rid of the leaping MPs. That is of course if they do not buy their way back into the next Parliament.

Back to the SHTA and Politics: SHTA did a survey. I believe it is safe to say that the method used and, therefore, the results of that survey regarding how many companies actually want snap elections is questionable at best, as according to me one person was able to vote as many times as he/she could get his/her hands on a different computer, smart-phone, etc., etc. And, then last but certainly not least the SHTA has for all intents and purposes thrown the former, well-lauded association president of 13 years under the proverbial election-now bus! What’s “UPP” with that? Here he is, in a position to actually make a difference and the first group of people (outside of the usual suspects that were on the Marcel Gumbs Cabinet’s side of this madness) that want to cut his tenure extremely short, are his friends at the SHTA! In airplane language I am sure Minister Lee must be thinking: Whiskey-Tango-Foxtrot!!!!

Michael J. Ferrier

Please stop thinking that people are stupid

Dear Editor,

I see the leader of the UP Party Theodore Heyliger has come out of hiding from where ever he was since his government took office. Now, since his government has been sent home, he has become a frequent media user. The same media his government has avoided for over nine months. He is now using the media to try to fool the people of this country. His last attempt was his statement: "Government stalls new generator purchase as people sit in darkness."

I have to admit, it sounds good, but not convincing. MP Heyliger mentioned in his statement that "GEBE has been struggling with various power-generation and related issues for more than two weeks now." The MP went on to say: "Similar struggles were experienced by the company in early October and intermittently in November." And he blames the recently installed NA-led government for keeping the people in darkness.

I have a few simple questions for the MP. Who was in government for the past year, including October and November? What have they done about the situation at GEBE? Had the last government been proactive, they would have foreseen the problem and would have been able to deal with it beforehand.

But all we have heard in regard to GEBE from the former government under the UP leadership were things like; Managing Director being fired and taking government to court, rumours about deals being made to purchase fuel from the Dominican Republic, fuel clause rising while oil prices were dropping worldwide, no relief for the people of the country, particularly the elderly, and the list goes on and on.

Let's not go on into other sectors where things like the Managing Director of SXM Airport was sent home and....you know what? I need not continue.

The people have suffered under UP-led government much more than they will under a new government. I am trying hard to find the positive that we have experienced during the past year that UP-led government was at the helm, but I can't. Perhaps the MP can remind us of at least one.

Lastly, I want to advise the MP to please stop thinking that the people are stupid. They know better.

Fernando Clark

Political party reform is what is needed

Dear Editor,

We all want a Democracy, take note of the capital D, yet some are against ‘politics’ even though it is politics which makes Democracy work.

With this fundamental understanding it is clear that we need political (party) reform instead of electoral reform.

Attempts by Prime Minister William Marlin and President of Parliament MP Sarah Wescot-Williams to change the February 9 election date is a clear attempt to obstruct Democracy.

Neither one of them have done anything substantial or structural to address electoral reform during their term 2010-2014, because they are both beneficiaries of the system. As leaders they should have ensured political (party) reform, which does not require a 2/3 majority in Parliament. In addition, they both cannot guarantee electoral reform, because they do not have a 2/3 majority in Parliament.

Finally, the leader of the USP MP Frans Richardson, who has jumped ship or crossed the floor more than any other politician, will most likely not even support it given his track record.

Let us focus on political (party) reform now and hold each political party leader accountable for that simple change which they are in control of.

Cornelius de Weever,

Independent Member of Parliament

The Daily Herald

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