Dear Editor,

  When the Netherlands attached what many consider quite harsh conditions to COVID-19 liquidity support, including the need for a Caribbean reform entity, many politicians and legal experts in Aruba, Curaçao and St. Maarten voiced their outrage and concern about the violation of human rights and the potential trampling of our autonomy; this caused the decolonization movement. There continues to be, understandably, confusion about the decolonization movement. I would like to clear up as much of it as I can.

  It’s not about independence but autonomy.

  Decolonization means the release of one country or territory from political control by another country. It includes different constructs. At the end of one process is full independence, at the end of another is our current constituent status. According to Julio Romney (2020), “Simply, the transitioning from a colony to a non-colony status involves the dismantling of governing structures that preserve the colonial status quo for an indigenous structure. To this end, the UN General Assembly has concluded that the process of decolonization can be realized through independence, by association or integration within an existing State.”

  Twenty years ago St. Maarten, through referendum, chose to become an “autonomous country within the Kingdom of the Netherlands.” So, for those of us who believe that we are fully decolonized and that our associative state is satisfactory, you are well within your right. But there are those of us who believe that the democratic deficits that exist within the Kingdom are too great to accept. This is why I proposed the establishment of a Constitutional Affairs and Decolonization Committee, which was unanimously supported in Parliament.

  In November 2020, 11 Members of Parliament signed a motion giving the President the mandate to commence a United Nations fact-finding mission, because we believed that as a Kingdom partner, St. Maarten should be treated fairly, without discrimination and that our autonomy and the right to manage our internal affairs should be respected.

  This movement is not about independence. Only the people can say whether or not they are ready for independence through referendum.

Democratic deficits and discrimination

  In March 2020 a joint alternative report was written by academic experts and civil society organizations and coordinated by the Dutch Section of the International Commission of Jurists (NJCM) in which it was stated that “the European Netherlands are a majority in the Kingdom government and therefore are always able to overrule the ministers plenipotentiary of Aruba, Curaçao and St Maarten. Furthermore, due to the fact that there is no Kingdom parliament, the Dutch parliament acts as the Kingdom parliament without the other countries having a right to vote. Scholars have referred to this as the democratic deficit or colonialism. Consequently, this historically-grown constitutional imbalance upholds racialized discourses and practices.”

  I understand that discrimination may be a word that hasn’t been used before in talking about our relationship with the Dutch Government but there is both academic and legal agreement on this matter lest we forget historical context.

  For years the Caribbean islands in the Kingdom have been awaiting the installation of a dispute regulation (Geschillenregeling). The Parliaments of Aruba, Curaçao and St. Maarten have pleaded for the regulation and an accompanying independent body that will be able to issue decisions following disputes within the Kingdom. Why has this regulation not been implemented as yet? Or do we not deserve to have a mechanism that allows us to object to a situation when we find ourselves holding a different opinion to that of the Netherlands? The dispute regulation may well be one of the main tools to eliminate the democratic deficit. However, it remains on hold for whatever reasons.

  At this moment our people and this country remain extremely vulnerable. Our economy has been devastated and with an increase in poverty, our people are living in conditions that are unacceptable. So, what are we fighting for exactly? Equal treatment in the Kingdom.

  The temporary laws that cut the benefits from civil servants should be just that; temporary. To be decolonized means to be free from political control by the Netherlands. With a new Dutch government being formed it is my hope that new negotiations and agreements can take place.

  Most importantly, if we are indeed equal citizens within the Kingdom then not only do our people deserve more – they deserve better from politicians here and in the metropole.

MP S. Ludmila Duncan

Dear Editor,

  The Parliament of St. Maarten’s recent petition to the United Nations regarding racial bias on the islands of the former Netherlands Antilles has come under great scrutiny by varying members of the public. As a matter of fact, the topic of decolonisation seems to have caused a lot of anxiety, as well as confusion, amongst the general public, which is quite understandable. When discussing and analysing decolonisation, it is imperative to focus on the facts presented by the United Nations, the United Nations Charter, and the Kingdom Charter. 

  What then is decolonisation?

  In his letter of September 15, 2015, to the Dutch Prime Minister, Marcel Gumbs along with the Prime Ministers of Aruba and Curaçao recalled that the United Nations had great doubts about whether or not the Kingdom Charter had really brought about decolonisation. They pointed to the danger that the UN observed in the ability of the Governor to violate the islands’ “full measure of self-government” or “autonomy”.

  The UN pointed out four areas of concern during their debate on the Kingdom Charter:

  1. The position and function of Governor. The United Nations General Assembly felt that a Governor, especially with the role assigned to him by the Kingdom Charter, conflicted with the full measure of self-government.

  2. Article 44, which requires the permission of the Kingdom Government for an island to change its constitution or its legal system. The members of the United Nations questioned why an autonomous island would need to seek such permission.

  3 and 4. Articles 50 and 51 allow the Kingdom Government to implement higher supervision. Here again, the UN had the “great doubts” that Marcel Gumbs alluded to. The UN members felt that truly autonomous islands could never be subject to any form of higher supervision.

  We can conclude that to meet the UN standards of decolonisation the four items mentioned above must be removed from the Kingdom Charter. That, according to the United Nations, is what decolonisation means for St. Maarten and its sister islands. 

  Is a referendum needed?

  The four changes to the Kingdom Charter mentioned above do not require a referendum. They conflict with the UN Charter and all we will be doing is aligning the Kingdom Charter with the obligations set forth in the Charter of the United Nations.  St. Maarten would remain part of the Kingdom with all the rights and privileges we currently enjoy through association with the Netherlands.

  Bear in mind that decolonisation does not necessarily mean independence. Puerto Rico is fully decolonised, but not an independent country while still maintaining its American citizenship. The same concept would apply to St. Maarten and its sister islands.

Pro Soualiga Foundation

Dear Editor,

  Frontline, sideline, backline … social workers are always on the line assisting in every way possible!

  So, on this day, March 18, 2021, we honor our unsung heroes for pushing forward and not giving up, even through challenging times!

  The St. Maarten Social Workers Association(SSWA) established in 2014 with its main objective being to promote, develop and protect the practice of social work and social workers and to seek to enhance the effective functioning and well-being of individuals, families and communities through its work and through its advocacy hereby honors each and every one of you social workers.

  Since 2014, many activities have been held to support and stimulate social workers in their field on the island. However, much more awareness of what exactly the work entails needs to be shared with the community at large.

  Social workers are present at the various schools on the island, in government offices, in the corporate sector as well as at the hospital and correctional facility. Social workers main focus is on assisting and supporting others. However, due to the heavy workload, social workers often neglect themselves, which causes burnout or forces them to change their profession.

  Social work is a calling and it takes special persons to carry out this function. It is also very honorable, as once you have helped someone the gratitude shown is unmeasurable.

  More advocacy is needed, however, for the field, on all levels in the public and private sector.

  On this day we look back in pride at our accomplishments as an association thus far; trainings, teambuilding events; expanding our membership; connecting with regional and international associations in the field of social work.

  At the same time, we look to our future in which we will champion the field of social work more intensely, advocate for more public- and private-sector involvement in the area of social work.

  Congratulations today, social workers! Continue to fight for those who cannot and will not!

Jina Mamtani-Mahbubani

President, St. Maarten Social Workers Association (SSWA)

Dear Editor,

  The entire thought of St. Maarten becoming independent has been mind-boggling to say the least. I would like to provide St. Maarten’s residents, citizens and especially the 12 Members of Parliament with some crucial questions to ponder when considering whether the decolonization (i.e. independence) process of our beloved island will be the right move. Please consider the following:

  1. Would you like to have a St. Maarten passport? One’s identity or heritage does not come from a passport; it is instead engrained in our community and personalities. The essence of a St. Maartener shall never be lost simply due to the passport one holds. Rather we must focus on the advantages of our current right to a Dutch passport, which has afforded the island’s people great opportunities worldwide like enabling our children to obtain quality degrees and easy travel for all. A new country status passport comes with many obstacles for citizens. Like other independent former colonies, we may face having to submit visa applications to travel, long waiting times, costly fees, the gathering of many documents, and the possibility of being declined to travel. These new immigration procedures and regulations will heavily depend on the deals that our government will create with the rest of the world (including the Netherlands). In addition, we must factor in costs for the technology and creation of passports.

  2. Will St. Maarten have embassies set up in other countries so that citizens can seek help if needed while abroad?

  3. How will Sint Maarten handle a natural disaster or global pandemic?

i. Shall we train KPSM [police – Ed.] and VKS [colunteer corps] on military and humanitarian assistance?

ii. Send our negotiators with limited global experience to negotiate with other countries for financial/military/humanitarian assistance to then be financially shackled to a stranger?

iii. Form our own military overnight and spend the money in our own personal bank accounts?

  4. How will St. Maarten pay back US $1.2 billion in debt and replenish the coffers to the point that there is a healthy reserve? Or do you believe the Netherlands will pay us billions in reparations? Whether it is deserved is not in question; it is simply the reality that what we deserve and what we get are rarely ever equal. Perhaps you think the Dutch will forgive this debt, just like after 10-10-10; except, our Parliamentarians have now told the Dutch that we are ungrateful for their zero per cent interest loan and that they are racists.

  5. Do you believe that we can run our entire economy on tourism alone? Or what “get rich quick” ideas do you have that we can use to create a multi-pillar economy? The proof is in the pudding, COVID-19 and hurricanes have proven tourism is not cutting it.

  6. Who will establish an official central bank for St. Maarten?

  7. What will be our official currency and how would that switch take place? Can you imagine a product costing NAf. 5 and switching over to US $5, while our salaries are converted by the exchange rate? Yes, this can happen, as it did in Saba when they dropped the guilder. Before even suggesting an official St. Maarten dollar consider the Jamaican dollar, Aruban florin and other lower-valued currencies as you ponder.

  8. How will we be viewed and included on the international stage with the World Bank, World Trade Organization, International Monetary Fund, Financial Action Task Force, United Nations, Small Island Developing States, etc.?

  9. Who is truly qualified to represent us in foreign relations and speak at for example, UN assemblies?

  10. Are you willing to trust existing powers on the island to preserve instead of giving up the rest of the country to more foreign investors?

  11. Are you willing to make Sint Maarten a tax haven and foot the bill for foreign investors, yourselves and visitors?

  12. Have you considered the medical and mental health fields?

i. Where will our doctors, psychologists and psychiatrists study and train?

ii. Where will we get medical supplies?

iii. Will there still be agreements to fly patients to the Netherlands, Colombia, and the Dominican Republic?

iv. Do we have a reliable mental health system?

  13. Have you considered our judicial system?

i. Where will our lawyers and judges study and train?

ii. What bar exam will they sit?

iii. Who is qualified to that degree to set up such a system correctly?

iv. Will we have a Supreme Court? (Consider the fact that the small claims court has struggled to get up and running properly.)

v. What about the checks and balances? Do we have an independent reliable judicial system that will hold the government accountable for failures to maintain quality of living?

  14. Are we keeping the copied Dutch Laws and civil law system in place and has this legal system met the needs of our island thus far?

  15. Are you willing to start paying customs duty fees/taxes and administrative/processing fees for shipments on top of the already high costs? The United Kingdom, Jamaica, and Trinidad and Tobago are prime examples of such repercussions. Surely, we will not be able to remain a duty-free island.

  16. Do we have a strong infrastructure in place?

i. Telecommunications

ii. Environmental protections

iii. Sewage systems

iv. Quality roads

v. High quality and environmentally conscious utilities

vi. Proper streetlights

vii. Proper waste management (i.e. the dump)

viii. Healthcare system

ix. Honest and affordable insurance system

x. Welfare/financial aid system

xi. Disaster management, etc.

  17. Have you considered our education system?

i. Will we continue to teach Dutch at schools?

ii. Is our education system ready for independence?

iii. Where will our students go for college and who is paying?

iv. Do you have 50-150,000 (US$/euros) lying around for each child?

v. What about education for special needs?

  18. Will we start having property tax?

  19. What will happen with the Treaty of Concordia?

  20. Despite having more questions, I conclude with this: Do you see the reality of independence for St. Maarten and would you still stand proudly with the 12 Members of Parliament on this ad hoc decision?

  Let us start a community-wide discussion, as this will broaden our minds and collectively create a dialogue for a responsible way forward for St. Maarten. We should no longer have to joke about #SXMIsNotARealPlace, instead we can one day become a #RealPlace to be truly proud of through peaceful, honest and forward-thinking partnerships within the Kingdom and beyond.

  Bear in mind the difference between independence and freedom. Independence is earned by becoming responsible and accountable for one’s own actions and duties, which we truthfully have not earned. Freedom is a state of “being, of which we are nowhere near at the moment. Instead, we only have a false sense of freedom from lack of structure, ordinance and our rebellious behaviors.”

  Our false sense of freedom is what has created both external chaos and inner turmoil. Independence will not give us freedom, as if we “free” ourselves from the Kingdom, we will only imprison ourselves to our own past mistakes, lack of responsibility and failed accountability. A burden of pain I do not wish on my people.

  Join me Sint Maarten, let us stop, think and rebuild, stronger, smarter, better, together!

Deedee Johnson LLB