Are we at a stage of a crisis?

Dear Editor,

The execution of the following two articles 33 and 59 of our relatively young Constitution has been the point of discussion by many of our Politicians and readers /supporters. Thus I shall build my elucidation around said articles of our Constitution in this edition.

Article 33 paragraph 2 of our Constitution reads:

“IF A MINISTER NO LONGER HAS THE CONFIDENCE OF PARLIAMENT, HE SHALL RESIGN.” Paragraph 3 of the same Article says that by National Ordinance further rules may be established with respect to paragraph 2.

This simply means that when the majority of the elected representatives, MPs, representing those that elect them, express to have no further confidence in the Executive body, the council of Ministers they must resign.

To use the words of Mr. Heyliger in an article he had printed in a local newspaper in the year 2013 when a similar situation occurred, the so-called “Mexican stand-off” and I quote: “The people of the country would like the impasse created by the National Alliance to be over and governance returned to the country! There is a crystal clear parliamentary majority in place! The Governor needs to take his decision based on this.” Unquote.

It should at no time be viewed as a crisis, as dramatically put by Prime Minister Mr. Marcel Gumbs when the majority of parliamentarians cast their vote against the Council of Ministers which he presides over and who the majority of Parliament feels are not doing the job that they were put there to do by this same Parliament.

Mr. Gumbs confirmed that his cabinet is getting nothing done when he made it clear to the Nation that his cabinet was only putting out fires and cannot get around to do the people’s business. He went further with his statement in which he expressed that certain constituents, that he has sworn to represent, should put a weight around their neck and jump.

When Parliament cast their vote in favour or against, it cannot be considered or termed to be a crisis if it goes against certain political interest. It is the basis of our democracy, freedom of expression and not a crisis. You win some and lose some, this one you lost.

It is considered to be a crisis in the making when Parliament expresses the many wrong doings taking place at the various Government companies that are not being handled. Is it not a crisis when Parliament requests information and cannot be provided through the concerned minister and Parliament takes action of not having confidence in the minister or ministers? Are we to consider the fact that Parliamentarians are fed up with being treated like subordinates/children who do not deserve answers from Ministers/CEO’s to know what is going on in Government on behalf of the people that elected them?

Permit me again to refer to Mr. Heyliger’s article of 2013 in which he stated:

“The longer this impasse goes on leads to more speculation that something is amiss. A parliamentary majority is in place and this should be respected by the Council of Ministers.”

Yes, Mr. Heyliger, those were your words uttered in 2013. Don’t they sound familiar? As we would say KARMA IS A B….

To create more confusion Mr. Prime Minister states the following:

“None of the Cabinet members were given the opportunity to address Parliament before the vote was taken. I feel this defies the rules of propriety and common decency which Parliament should observe.”

Mr. Prime Minister I have duly read the Constitution and have overlooked or failed to encounter that section or paragraph that describes the mentioned path when parliament has no confidence in a Minister. With due respect to your cabinet whom I frankly believe meant well, but there were stronger forces that did not allow the smooth executions. Face it!

Regretfully Mr. Prime Minister I have lost all respect for the mentioned professor you have quoted from the Curaçao University who in 2013 considered this process as Constitutional and in this cycle under the same identical situation views it different. I hope he will face the music and correct this embarrassing situation as a professor. He lied then or is lying now, if I can trust the word of the Prime Minister to be factual.

Mr. Prime Minister I believe and understand why you are presenting the case to be a crisis situation as this would allow the application of article 59. This should only be used when decisions cannot be reached in Parliament amongst those 15 elected MPs. Then and only then shall the Prime Minister step in and after different attempts to consider disbanding Parliament and call for new elections. That is a crisis situation.

Mr. Gumbs here follows one of those “Cigar expressions:”

“This means that Government, struck by a Parliament that withdraws its confidence, has the power to strike back by calling for elections.”

Mr. Gumbs, it is not about striking at the peoples representatives it is about the will of the people shall be the basis of authority wherein you and your cabinet, excluding Mr. C. Connor, do not fit. Taking it back to the people at this time will not stop the jumping and will not solve the recurring conflict before the changes are brought in the electoral laws. As long as vote buying is the evil root to electoral success, this great tree called democracy is a farce. In addition, Mr. Prime Minister, I cannot believe that you said that the intention of our lawmakers were to arm the Prime Minister when the MPs strike.

Those who knowingly created an unnecessary standoff have therefore once again tarnished the good name of the country (taken from Heyliger’s article).

They have permitted to send the wrong message once again to the outside world, especially the foreign investor and the visitor to the island (taken from Heyliger’s article).

I fully concur with His Excellency the Governor's statement released in 2013 by his cabinet for all stakeholders to do all that is necessary to maintain and protect the integrity of our constitutional democracy, and to foster actions in keeping with our constitution and saw no reason not to uphold the decision of Parliament, when coming to his decision of the so-called Mexican standoff then and now.

I do hope that the appointment of a new President of Parliament that will be forthcoming, followed by a new Council of Ministers, to work in the interest of the people and the country could be the start of a new beginning.

A parliamentary majority is in place and this should be respected by the Council of Ministers, in particular those that claim to be READY members of the UP.

I believe that the parliamentary majority has presented its case to the Governor. The Governor has to now stop dilly-dallying as this only creates doubt in the minds of the voter as to whether the action taken is constitutional or not. He has to act.

There is no difference than what transpired 2013 compared to now! Tell me what is the difference? Elections held within the next couple of months will not change anything. You will still be in the same situation as before where Members of Parliament can leave a party and become an independent member of parliament, and withdraw their support and form a government with another party. That is the political reality that we live in today based on the current electoral laws of our country. In legal terms there is jurisprudence.

Changing the aforementioned is only dealt with by Members of Parliament revising the electoral laws.

Arnel Brown

Resign and stop trying to belittle the Governor

Dear Editor,

Marcel and Dennis should stop trying to belittle the Governor and at the same time stop making a mockery of the system. The Governor is one of the few Mohicans of this country whom one can say has an irreproachable conduct. He carries himself as a statesman with the necessary humbleness.

Marcel and Dennis, your lack of action to resign as ministers is an offense of the constitution. As such Marcel and Dennis, you are trampling the constitution and at the same time holding the country hostage. Marcel and Dennis, your refusal to resign as ministers are tantamount to a coup d’état. Article 33 of the constitution is clear. You do not have to be a rocket scientist to understand the content of this article.

Marcel and Dennis should resign and leave the rest of the process in the hands of the Governor. According to my humble opinion the Governor has already indicated that he does not see the need for new elections, because there is a new majority in parliament to form a government. Marcel and Dennis, do you really want to be forcefully removed from your offices by the strong arm and most probably charged with “lokaal vrede breuk?” That will be a pity. So, Marcel and Dennis, resign and stop the charade.

Marcel and Dennis do not allow your anger to take over your ability to think and act rational. Marcel and Dennis, history will not treat you kindly.

Amy Arrindell

It’s local news we want to hear!

Dear Editor,

We call ourselves country, but failed miserably to maintain a stable government over the years. In the past, most folks would have had their evening meal by 7:00pm, and seated in their favourite chair in front of the TV, anxiously waiting for the news to come on. But I am so sorry to say, that was the past.

We call ourselves country, but we depend on other TV news providers, like Caribe Vision to show and tell us what is going on around the Caribbean, and we rely on NBC, ABC, CNN and CNBC to show and tell us what is going on in the USA and around the world. But who is keeping us informed about what is going on right here at home?

We pick up the dailies in the morning on our way to work, and we read bits and pieces of this and that. That initials B.S. and F.T. held up a casino at gun point, and that P.C and D.C were involved in numerous home burglaries and are known to the Police. And that PM M.G. says he is not moving no matter how hard W.M. and his sidekicks try to push him out the door. The senior citizens of this island are left in the dark as to what is really going on Sweet St. Maarten land.

My recent heated discussion was about when AVS news was on air, all those politicians held press briefings and appeared nightly on the news. We were not very well informed then, but we still got to hear and see a little about what they were up to. Many of these politicians wanted nothing to do with Oral Gibbs talk shows when there was an AVS News. Most of them openly stated that they will never appear on Oral’s Gibbs shows.

So now what do we have? No local news on TV, just a bunch of music videos of all sorts and half-dressed singers gyrating all over the screen. And then faithfully, on comes Oral Gibbs talk shows at his scheduled time.

In my heated discussion with a friend, I stated that Oral Gibbs should start charging a fee to those who request airtime on his talk shows. Most recently when I sit back to enjoy OG’s shows, I am staring in the faces of politicians and those appointed to a governmental task that I never saw or have rarely seen on O.G. talk shows. There seems to be more frequent appearances these evenings. I guess it is because of all the political turmoil hanging in the balance, and the next MP vying to be the next PM.

I am sure OG is not being paid to accommodate these persons, but night after night there is one MP after the other on his talk show. I also noticed that most persons use OG’s show to showcase a product or a service at no charge ~ I am guessing~ but come the following day these same people place big ads in the newspapers that we all know are not free of charge.

My point is OG has stayed around on the air when many others threw in the towel. My mom used to say, Good old reliable OG. So why not pay Oral Gibbs handsomely to bring the local news across to the public of St. Maarten for his World Star Studio? (WSS)

If asked, I am sure Oral Gibbs will find a way to make it happen from his studio.

It is time to get with the program and bring us local news. The people have the right to know about the melee that is going on right here on St. Maarten. And we won’t mind if you throw in a little bit of melee from Saba and Statia too.

Press briefings by S.W.W, T.H, F.R, F.M, G.M, S.J, L.M-R, Dr. L.R, C De W the PM M.G and all of the other missing political initials are welcome, but it’s all about the local news we want to hear.

Local citizen G.M.

Name withheld at author’s request.

Anguilla: Government on track

Dear Editor,

  The Honourable Chief Minister Victor Banks insists that his primary business is putting the country on track. He said the country faces real challenges indicating, his task at the moment is to deal with some very high intensity matters including budgetary issues with Great Britain.

  “The executive council spends long hours in sessions on a daily basis, with a full focus of getting the country on track.” He was adamant that many of the issues he is dealing with are crucial to the direction of the country and are fundamental to setting the country on course. The Banks Government has been in office less than six months.

  The indigenous Bank crisis is a matter of grave importance for The Honourable Chief Minister, who remains very adamant and optimistic, declaring that some of the key players in the dialogue are working together with him for a resolution. The question was asked about the merging of both banks that answer was not clear but assumptions are, both banks would be merged as a permanent solution to the crisis. Mr. Banks indicated, that in such a scenario it will not be an instant undertaking but an exercise that would take some time, probably years.

  He said, “I will not allow these banks to be taken away from the people of Anguilla, we must be prepared to make a direct input; some degree of taxation may be necessary, sacrifices must be made in seeking a sound conclusion.” In that regard he admonished the Anguillian people to support their national banks and make them strong institutions. Mr. Banks warned, those persons having debt, should be prepared to deal with their debt to the banks; he expects that all bad debts would remain the responsibility of the debtors. He was unable to give full details, claiming information on the situation remains strictly confidential.

  All Ministers gave indication of the serious workload on behalf of the country. In sports, the Parliamentary Secretary Mr. Cardigan Connor said he is presently engaged in developing a new running track for the island. “Our athletes in track and field will in the future have a new running track, to better develop this sport.” He also spoke of the tourism of season, indicating, there is consideration to expand sports into a tourist product, during the off season, combined with some aspects of Caribbean tourism, which is the second largest niche in our tourism market and fits right with our major Summer Festival. With sufficient concentration and promotion, this is an area we feel can improve the slow season in our tourism development.”

  The Minister of Health made a significant input, becoming very emotional, as he described the state of health care on the island. The Honourable Minister Mr. Evans McNeil seems optimistic about education on the island, but said, the health care situation has his heart broken and he intends to improve the health situation for the people. He said it is his promise to deliver a modern health care facility to the people of Anguilla.

  Mr. McNeil talked about the frequency of incidents on the island, requiring overseas services; he said patients are flown out at all hours, as far as Panama, incurring very high cost and these cost must be covered. He said it is his obligation to make a difference in health on Anguilla and he has already initiated a programme where the hospital must be better equipped.

  The Honourable Minister of Infrastructure Curtis Richardson talked about the water situation on the island; he said he had set several dates by which he thought he could meet the goal of delivering water to the people and apologized because of constraints. The Minister said progress has been made. He acknowledged that there is water loss because of leakage and expressed concern of instances where water is being stolen as well, but indicated very strongly that with the serious effort of the Water Authority and the Water Board, having installed a new Chairman, they will complete an effective watery delivery system to the people of Anguilla shortly.

  The Minister, who had been very adamant in his campaign, now faces the reality that the machinery of Government turns very slowly and is massively bureaucratic. He said, he tested the system very early on and learned some lessons, but has proven that things can be done through the correct process. He was talking about a new road he started work on coming up from Sandy Ground to South Hill. The Minister said this road will be completed.

  The Minister of Immigration and Labour, the Honourable Cora Hodge Richardson, was very specific in her delivery; she indicated in several instances where policy has been adapted and legislation drafted to affect the required changes she is adapting in several areas of her Ministry. It is clear that the Honourable Minister is at work.

  Earlier, several complaints were lodged about the conduct of Immigration and Customs Officers at Blowing Point port, action was taken in improving situations there. The Labour and Immigration Minister said she is making changes to the Belonger Status Law, affecting the grand children of Anguillians and when that is done, grand children of Belongers of Anguilla would be free to live and work on Anguilla.

  She said her ministry has started work on establishing a minimum wage system in the island’s labour market which would affect the various categories of skilled and unskilled workers. A minimum wage would be set in all categories; legislation is presently being drafted to make these changes.

  The issue of a Government spokesman was raised, The Honourable Victor Banks said, a Government spokesman is a key asset to the performance of government and will come. He doesn’t believe there is a shortage, or vacuum in information to the people, he said, some are anticipating information they want to hear.

Elliot J. Harrigan.

Do we serve democracy by not holding new elections?

Dear Editor,
Much has been said about the matter of a motion of no-confidence in the members of the Gumbs I cabinet by the Parliament of St. Maarten. There has also been much said about that same cabinet’s choice not to resign and call for new elections. The prevailing question is, “Even if there is an election, what fundamental difference will it make, especially in the light of the fact that the laws relating to the exact process after such a motion of no- confidence is passed have yet to be created, and the fact that there will still be no rules to prevent the ship jumping that has led to this point, and preceded other changes in government?”

This letter seeks to advance two arguments in favour of these new elections. None of these arguments will rely heavily on the legal provisions (Article 33 and 59 of the Constitution) which have been cited, ad nauseam in the ongoing debate. Instead, I wish to present arguments based on one of the principles in which those provisions are anchored, namely democracy.

The first argument for calling new elections is the question of democratic legitimacy of the coalition. In 2014, after polls closed, it was determined that the “quota” of votes needed to obtain a seat was 960. Of the 15 Members of Parliament currently holding office, only Theodore Heyliger (1,945 votes), and Silveria Jacobs (969 votes) got enough personal votes to be elected. Each of the 13 other members of Parliament is there because of votes acquired by other members of their party. How can this new coalition, which includes Silvio Matser (498 votes) and Maurice Lake (310 votes) claim legitimacy when neither of these MPs met the quota to obtain a seat? To be blunt, how can two men who relied on others to get into office, all of a sudden be allowed to act on their own without the people being asked to approve them acting on their own by giving them no votes to obtain their seat? In fact, how could any of the prior coalitions have done the same?

Wescot-Williams included a ship jumper, as did Wescot-Williams II and Wescot-Williams III. So maybe the real issue here is the question about whether or not any of the existing parties have truly acted within the bounds of not just the law, but the bounds of that which truly anchors our democracy – consultation with the people via elections.

This argument of illegitimacy is not being raised as a means to favour Cabinet Gumbs I request for dissolution. In fact, it is an argument the cabinet itself has not used to date. It is also not meant to be used to compare with previous cabinets, supported in parliament by previous coalitions were more or less legitimate. It is meant to finally get us all to ask and answer for ourselves: “Do we, as a people, want a more direct say in fundamental shifts in our parliamentary representation or not?”

To be honest, this entire conflict has made me think of a quote by Canadian Prime Minister Stephan Harper. In 2008, faced with a coming together of several opposition parties, including the Bloc Quebecois (a separatist party), that could have sent his minority government to opposition, he said, “The Opposition is attempting to impose this deal without your say, without your consent, and without your vote. This is no time for backroom deals …; it is the time for Canada's government to focus on the economy and specifically on measures for the upcoming budget. This is a pivotal moment in our history.” These words seem to ring true at this moment in St. Maarten’s history.
The second argument – whether or not we trust the new coalition to keep its word on electoral reform - is very much linked to the first. The promise of dealing with ship jumpers through electoral reform has been made time and again without very concrete action. It is a stretch of the imagination to believe that any of the parties, who currently benefit from this practice, will actually actively address this point. If parties are serious, why do they not make the coming elections a “referendum” on, amongst other things, the plans for electoral reform?

Saying that you wish to end the practice of ship jumping, while forming government with ship jumpers does not jive; it does not inspire real confidence that you will do what you say, especially not when lack of action to date is considered. Having an election in which visions for electoral reform are a key issue seems to be the more democratic option. Don’t just let the people choose a new parliament, let them be specific in their mandate for electoral reform.

I think the current crisis proves that the “ghost of the Island Council”, as an acquaintance of mine likes to put it, is still lingering over our island. In that constitutional structure, the legislature – island council – could not be dissolved and new elections called. That meant parties and politicians, including some of those still around today, were forced to make new coalitions in between elections. However, the parliament of St. Maarten can be dissolved and this creates an opportunity for parties to test whether their ideas and actions truly have the majority support of the population.

It is interesting that those who have come together to form the new coalition wish to be restrictive in their use of Article 59 which allows for new elections, but they have chosen not to be cautious with their use of Article 33(2). It is amazing that those who are the genesis of some of the very same problems that exist now after spending decades in office would toss our country into chaos by sacking a government that has not even been in office a year.

I think the real question to be asked is, “Can we truly expect anything different if we do what we have always done; if we yet again go over to the order of the day?” Another real question is “Can we truly believe the absolute statements that no one wants elections or nothing will change if we don’t have election?” Some would want us to believe that there is not a real desire for elections, but have yet to quantify or qualify that statement. Some would want us to believe that nothing will change, but is that really their decision to make?

If Parliament is the people’s house, how can such fundamental changes be made there without consulting them via their vote?

We cannot do what we have always done and expect a different outcome. The argument is made that calling elections changes nothing. That is not true. Having elections now is a drastic change from what has occurred before. On all other occasions, there has been an eventual tacit acceptance, but that pattern of behaviour clearly has not served our country. I would hope that doing things differently now would also create more caution in parliament about both ship jumping and motions of no-confidence.

At the moment, politicians seem free to jump ship and change allegiances every so often because they do not immediately have to face the public at an election, so the people can judge their actions. What if they were cognizant of the fact that they would have to? Is it not possible that this knowledge would create restraint? Remove the conditions under which someone can continue specific behaviour and they will have to change. In clear terms, show the ship jumpers and aisle crossers that they can’t do this without the people’s permission, and they have little choice than to change their behaviour.

Donellis Browne

The Daily Herald

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