Dear Editor,
I have called St. Martin home for 27 years and have grown to love this little island, its people and even its politics. It is cute politics. I often marvel at the simple approaches and arguments. Please don’t get me wrong I am not diminishing the island’s politics and issues. They are just so silly at times.
Very recently we saw the President of the Parliament in Dutch St. Maarten call one of his fellow MPs [Members of Parliament – Ed.] lazy. This was strange to me because the MP in question, Emmanuel, seems to be creating all of the news on the island this entire year. In many countries opposition MPs do exactly what Emmanuel does on a daily basis. They hold the government accountable. How else would any population anywhere in the world discover what their government is doing? You cannot depend on any government to volunteer information.
Let me remind you of some of the things Emmanuel, in my opinion, has brought to light for being “lazy”: The disclosure of the COHO stipulations, the cut to the income of public workers, the cabal at the airport and false claims of good corporate governance, the attempted hiring of an Australian to run your hospital, warning of impending property taxes, the garbage contracts controversy, the trust fund strange selection of projects instead of focusing on more schools, homes and the like, the rundown event village and its vanishing insurance money, the blatant lies of the island’s liquidity, the relocation of vendors in your capital, the joke that is the integrity chamber, the lack of a recovery plan post-COVID and now lately keeping your government on its toes with tax reforms.
Now your first question might be how do I recall all of this? Simple, GOOGLE! The good gentleman has trended the entire year. His activity has either completely changed the trajectory of whatever the government was attempting, stopped it cold or at the least gave the government pause and forced them to do the right thing or reconsider their course of action. His predictions have also borne fruit.
This, good sirs, is the definition of good and powerful and effective representation. It is also the kind of representation that governments all over the world can criticize using only one old line: “the MP is only complaining.” Well, hear, hear! for the complaints!
If the good MP is lazy, then I say we need more lazy MPs. If that is what laziness looks like, then I’ll take it! Finally, considering the above dubbed “laziness”, how exactly then, would one classify the complete inactivity of the same President of Parliament (save for the controversies he keeps creating)?
Name withheld at author’s request.
Dear Editor,
St. Maarten parliamentarians, government and State Secretary Raymond Knops, more funds are urgently needed for the K1 team food programme to keep proceeding with providing groceries to the people that are in need. This situation is very serious and more funds are urgently needed.
Prime Minister of St. Maarten Silveria Jacobs must put her act together and get more money as soon as possible for the next three to six months.
We have suffered with a low minimum wage and lack of justice for so long on this island, even the hurricane and coronavirus put the poor men into a situation of great need.
Many are waiting for this great help and appreciate the help they got from Red Cross and the K1 team food programme.
Cuthbert Bannis
Dear Editor,
The debt owed to the Dutch government by St. Maarten should be canceled. The first step should be immediate suspension and then definite cancellation. Discussions on this matter should commence forthwith. The NAf. 12.7 million has to be handled next month. These funds go towards the NAf. 1 billion already owed to the Dutch government.
The economic challenges that St. Maarten is presently facing support this request of suspension and cancellation. Making payments on these debts puts a further burden on the economy of the country and takes away much-needed funds that can better go towards meeting its social needs such as health, education, law enforcement and infrastructure.
And need I remind the public that the International Monetary Fund mentioned in their recent report of July 2021, and I paraphrase, that if the Dutch government does not turn the loans that are given for liquidity support into grants or donations, St. Maarten will not be able to return to the GDP [gross domestic product – Ed.] which was the lowest in the Kingdom. Prior to that they had warned that St. Maarten should not continue to enter into loan agreements as these actions would negatively affect their GDP. Some might be asking if debt cancellation is possible. It is.
In a report entitled “Suspending public debt repayments by legal means” written by Cecile Lamarque and Renaud Vivien (CADT), it is possible. Here is a quote taken from the said document under the heading “Repayment of the public debt is not inevitable”. The quote reads as follows: “To be bound by a loan contract, the State must have given its free consent” end of quote.
I would like to explain. Did St. Maarten give her free consent to the liquidity support? We all know the answer to this question. St. Maarten was ridiculed by some for playing hardball because the government did not want to submit to these austerity measures that the Dutch government required to get the urgently needed financial injection. But after 6 months of intense discussions, government was left with the stark reality that at the end of December it would not have been able to meet any of its financial obligations to civil servants, subsidies and so on.
According to Article 26 of the 1969 Vienna Convention on the Law of Treaties, the state is obligated to repay the debt it has contracted. However, and I quote: “These principles are not absolute and are only valid for debts contracted in the general interest of the community” end of quote. In other words, St. Maarten is not obligated to repay these loans because the conditions that were and are continued to be set for liquidity support are not in the general interest of the community. This is in accordance with international law. Article 103 explains this and one has to also look at Article 55 of the United Nations Charter.
The article mentions in sub c, universal respect for, and observance of human rights and fundamental freedoms without distinction as to race, sex, language, or religion. Article 1-2 talks about the right to self-determination and international cooperation for the development of peoples (Article 1-3). This was extracted from the Report. “All these provisions designed to protect human rights have precedence over other obligations entered into by States (St. Maarten), including the repayment of debts, and also the application of austerity programs enforced in particular by the IMF, the World Bank and the European Commission” end of quote.
Furthermore, the reforms should not be used as a condition for liquidity support. The NAf. 12.7 million payment should be suspended and the loans that were issued for liquidity support must be turned into grants or donations as was mentioned by the International Monetary Fund.
George Pantophlet
Member of Parliament
Dear Editor,
As an operator/employer of a bar and restaurant since 2013 on St. Maarten I can clearly remember that within 2 weeks of opening my business 2 inspectors came to check if I had a business license. Because I didn’t have my license as yet I was granted 2 weeks to take the receipt of my notary payment to the office on Cannegieter Street.
I always pay my taxes every month and license fees every year as I am confident that by paying my taxes will benefit when I am no longer able to work. Last week my bar and restaurant were visited by a VSA [Ministry of Public Health, Social Development and Labor – Ed.] inspector during the evening hours while I, the managing director, was not present, to carry out a control. The employee present during the control was asked to show proof of the following documents during the control:
Copy of ID, employment and residence permit of the employee
Copy of Chamber of Commerce for the year 2021
Copy of Business license
Copy of Director’s License
Copy of Labor Registration
Copy of list of Personnel
Copy of last 2 months of AVO/AWW and TOT receipts
Work schedule of employees
2 last pay slips
The employee was also told that the business license should be placed at the front of the bar even though they were displayed on a wall facing the front of the bar. There were a number of documents that she could not produce at that time. A name and number were left on a document that contained the logo and heading of the Inspectorate of VSA for me to call, with a check mark of the missing documents that I was requested to take to the office within 2 days which I had no problem doing.
On Friday September 10, 2021, I visited the Festival Village and walked from booth to booth. I counted at least 30 open booths and never once saw one booth with a single business license displayed as was requested to be done in my place of business.
Why are the VSA inspectors are going from business to business all hours of the day to control bars and restaurants in different areas of the island but not controlling a single bar and restaurant in the Festival Village? All bars and restaurants on St. Maarten are compelled to pay yearly for 2 licenses, including one to sell open alcoholic beverages to the public, plus the Chamber of Commerce fee. My question is, why are the bars and restaurants in the Festival Village exempt from paying these fees?
Over the last 7 years numerous prominent local businessmen have been dragged to court because of not paying their fair share of taxes with the prosecutor claiming that they are disadvantaging other businesses who are paying their taxes. Is it fair for business owners of the Festival Village to have an advantage over other bar and restaurant operators just because they are renting from government?
Since the operators of the Festival Village are allowed to operate their establishments tax free, I believe the inspectors should halt controlling other establishments on St. Maarten until everyone of those bars operating in the Festival Village can display their operating licenses and start paying their fair share of taxes like all other businesses on St. Maarten must do.
P.S. Before anyone starts thinking that those documents were requested from my business because my business has been receiving government stimulus, let me make it clear that my business never requested nor received any government stimulus.
Name withheld at author’s request.
Dear Editor,
Who was the first Minister of Justice for St. Maarten?
And how many ministers of justice have we seen since then? And also: How many Head Commissioners of Police have we seen since 10-10-10 and of what caliber?
I can remember around 2013/2014 when the then chief of police said that there were no statistics to be able to evaluate the performance of the police. So, there cannot be any pointing of finger, because none of them have done anything for the police over those years.
Sorry, yes they did, they transformed that respectable looking police officer dressed in navy blue and light blue uniform into a riot police officer without a cap. We went from one of the best dressed to the worst.
In Dutch there is a saying “De kleren maken de man” (fine feathers make fine birds). I wonder … Yes, if the caliber of service by the police has gone backwards, nobody else is to blame but those who took pleasure in constantly toppling the government of St. Maarten and bragged about it among themselves.
If over just about 11 years there are at least seven different policies from personalities who knew nothing about the directing of a police force, and how the justice system works, what should you expect? The only words I have for that is “They did not care”. I did not agree when the police took to the street in protest, but when nobody listens and demonstrates not to care, strange things happen.
I strongly believe that the current Minister of Justice did not and most probably still does not have an optimal team around her and is honestly trying her best. Because it is common for people to give extra life to the bad, it drowns out and overshadows the good. I agree with Mauricia when he stated, “Be the first to encourage your people Do not blindly follow rumors, look for the facts and trust your …,” but if I can recall when the present Minister of Justice, after being made aware of the protest, invited a delegation of the police to come to her office to be able to have a discussion, they refused.
I remember clearly that I told an ex-colleague, “In the days of Leo Chance, this would not have reached this far. This is the result of all of those different governments.”
I am not sure if the present minister had time to get to know all the players. Fact remains that too often even coalition partners attempt to intervene in matters not concerning them just because those implicated are from a family which supported that politician or political party. Too often trying to avoid the appropriate steps to be taken against whoever is involved in that situation.
Because of this kind of an atmosphere those representing parties (in this case the police) already have a preconception of what they think the results will be. Reason why these meetings often result in loggerheads is because of a lack of cordial dialogue.
Because the policeman is the only person in the world who can arrest everybody, the first reaction of anyone when approached by the police is fear or hostility. This at times causes unacceptable reaction and can escalate the situation. I can remember very well when I applied for the job. I was still in school and the police came to my home to get information about me. My mother told me she almost dropped down when the police came to the door and asked if I lived there? She thought something bad had happened to me. And yes, I have experienced similar reactions when I went to get information concerning the person who had applied for the job.
So, it is always going to be hot and cold between the public and police but Internal Affairs have to know the integrity of the members of the force and act according to that intelligence, along with the facts, and not solely on what comes from the outside.
People constantly ask me how to go about making a complaint against the police? I have a standard answer: “I will not do that.” So, I know that the complaints against police are increasing.
Because of what I hear about the police behavior and what I definitely know about the behavior of the people in the traffic here on the island, I would advise the police to make use of the ideal road infrastructure of St. Maarten. This would oblige every driver to pull up their socks and stop using the traffic on St. Maarten as a free-for-all.
Mister Chance was a boat captain, but those who know would tell you that he was one of the most respected and fair ministers of justice in the Antilles. He once told me that he found out long ago that people usually tell that part of the story which is in their favor. He also said to me, “I lasted as a politician that long with difficult ministries because I made sure to be fair to the voters. There are only 30 people in government but approximately one quarter of the population are voters and they are the ones who will elect you, not the members of Parliament or the Ministers.”
I honestly believe that the police should welcome that “complaints committee”, because it will ensure the public of their right to be able to voice their concern. This should serve as a deterrent for all.
I am aware that airing one’s dirty laundry in public is not advisable. I also understand the saying, “You are damned if you do, and you are damned if you don’t”, but the police are expected “to do”. And we should be aware that one cannot make an omelet without breaking eggs. It’s a good horse that never stumbles, I accept that there is nothing wrong with keeping an eye on things.
Let me mention this. Many years ago I told Mister Blackman that he should try to accomplish that one of the requirements for every Windward Islander (Saba, Statia, St. Maarten) who applied for the job of a policeman is to be prepared to be in Aruba, Bonaire or Curaçao for at least four years before coming back to serve in the Windward Islands.
I believe, because Justice is still of the Kingdom. this should be implemented.
I would suggest with all due respect for all who are involved in unionism to be in solidarity with the police in their quest, but do not encourage them to fight from the outside. This is not what we do. Cordial dialogue creates mutual respect.
Now this. In your editorial of September 7 you cited the judge’s ruling, stating that although COVID-19 measures can be an infringement on individual rights, in some cases the latter is outweighed by employers’ obligation to provide a secure working environment for all, and then you continued to elaborate. Who were the experts whom this judge consulted? And what proof is there to ascertain this ruling? I believe that this ruling is biased because COVID-19 measures are infringements on individual rights, the ruling is questionable and premature.
Fact is that doubts, disputes and protests concerning the validity of the whole COVID-19 saga, with its so-claimed necessary multiple vaccines, have emerged from all points of the globe. On September 9 I read your editorial and asked myself, “Where is the fundamental difference?”
What remains a puzzle to me is that those who accepted to be vaccinated have had to sign a disclaimer not holding the pharmaceutical companies nor the government liable for any adverse effects as a result of taking the vaccine. Is this not absolute proof that that vaccine is not reliable, neither to cure or not to cure?
I believe that this is the third letter in which I state that I will not try to persuade anyone whether to accept the vaccine or not.to accept the vaccine. All I wish is for government to tell the people the truth. Or just like we usually say, “the truth, the whole truth and nothing but the truth”.
I am baffled that a usually “matter of fact” Dutch judge could make such a ruling. What I would have desired or actually expected is that people of the Caribbean (and we have them from every island here) would have been able to concoct a “COVID-deterrent bomb” and just like they spread gossip via the social media do the same with that local “COVID deterrent bomb” and prove to the world that as long as you keep your immune system up to date and maintain that social distance COVID-19 would have been kept in check.
By the way, what do the COVID-19 statistics really prove to us? I would like to know who are the first people that these persons, who are involved in making those strange decisions, see in the morning, and what do they think?. And most of all, when they are leaving their homes, do they look up and say “Guide me Lord,” and mean it?
Russell A. Simmons
