Shape up, or shut down!

Dear Editor,

  Day and night life in destinations where tourism is the largest contributor to GDP [gross domestic product – Ed.] is only a part of what makes up a nice place for tourists to visit. However, in a pandemic, while you are allowed to be open for business, you must be able to control your crowd, or risk getting shut down and after repeated offenses even losing your license to operate.

  St. Maarten’s economy has since decades not been as fragile as it is today and as per April 5, 2021, our population is far from reaching “herd-immunity through vaccination”. If you and/or your patrons insist on being irresponsible in your public behaviour, you should appreciate that those of us presently without a job, or on reduced workweeks, or losing money every day we open up our businesses, are losing our patience with your recklessness and  your “we-don’t-give-a-d**n” attitude.

  Guidelines are to be followed. By failing to do so, you and your patrons are sending a message to the rest of the community that not only you couldn’t care less about us, you also do not respect the rule of law. And just in case you haven’t noticed: persons 40 years and younger are dying of COVID-19.

  And then Government: it takes two to tango. If you issue rules and guidelines, but fail to enforce them, you are encouraging citizens and businesses to ignore authority! When are you going to show some teeth?

  Freedom is not free!

Michael J. Ferrier

Open letter to the government

Dear government of St. Maarten,

  For months the community of Beacon Hill has been complaining to the police about the noise level at Karakter beach bar on Sunday afternoon which goes on past 12:30 in the morning during their beach party! Sleepless nights especially on Sundays because of the high level of the bass which is cranked to the max!

  It’s unbelievable that this loud noise is still being allowed without the decibels being checked by the relevant authorities! This terrorizing noise should be dealt with once and for all so the community of Beacon Hill can have their peaceful rest on Sundays!

A sleep deprived Beacon Hill resident

Name withheld at author’s request.

The friendly island that wasn’t: TOCA is ready for another day in court!

Dear Editor,

  Our first visit to this popular Caribbean island, which comprises both French and Dutch island territories, was so thrilling, with a vividly gorgeous blue ocean and quaint lovely towns! The beautiful beaches, the warm seas, the elegant and delicious cuisine, and the lively atmosphere were so enchanting. My husband and I fell in love with the tropical rhythms and the spirit of the “Friendly Island”. However, as eager as we were to participate in future ventures as property owners, so we could return more often, we discovered that we had not only been deceived, but our timeshare property would eventually be denied to us.

  We had initially been deceived by Endless Vacations, the company charged with selling these timeshares, since one of my opening questions was, “What would happen if this property would face bankruptcy?” The agents closing the sale knew the answer, that the Caravanserai timeshares and the hotel were in the throes of bankruptcy, but they failed to tell us the truth!

  It is well known on the island and internationally that ourselves, and fellow timeshare owners for the original Caravanserai/Alegria combination hotel and timeshare located near the desirable Maho Beach, had our valid lease agreements swept away when they were embroiled in a bitter and sudden bankruptcy about six years ago. The new owner, American Ray Sidhom, along with his firm Alegria Real Estate BV, sent a “welcome” letter by advising all timeshare owners that their lease agreements were now null and void.

  There are few words to describe how extremely shocking it was to find out through an

e-mailed letter on September 29, 2014, that our lease agreements, owned by about 2,000 owners from all around the world were being summarily tossed away! Many of us, recovering from our shock, formed TOCA, Timeshare Owners of Caravanserai Association and hired one of the finest law firms on the island, Lexwell Attorneys at Law. Subsequently, we went to the courts, making great gains by winning on two counts: the merits of the case in the Court of First Instance on August 23, 2016, and in the Court of Appeals, which upheld the lower court’s decision in 2018.

  However, the lawyers representing Mr. Sidhom and formerly the resort called Caravanserai, once changed to Alegria by Mr. Sidhom, and now renamed The Morgan, decided to take their case to the Dutch Supreme Court in The Hague, in The Netherlands. The lawyers for Alegria presented their appeal based on just one Sint Maarten ordinance, SMCC 7:226, which only acknowledges a transfer of timeshare obligations in a sale when the holder of the long-lease and the timeshare lessor are one and the same. This was not the case with TOCA’s lease agreements. Endless Vacations, NV, arranged the lease agreements.

  Based on this strict and narrow interpretation of the aforementioned code, the Supreme Court had no other choice but to return the matter back to the Court of Appeals, since there remained several other timeshare ordinances, advanced by TOCA which needed to be addressed concerning reasonable and fair protection for Sint Maarten’s timeshare owners.

  We have yet another hurdle to overcome, but we are still determined to have our next day in court, whether our case eventually returns to The Netherlands, at The Hague’s Dutch Supreme Court. This decision, which is yet to be determined after more than six long years, will not only impact our case, but will have massive reverberations throughout Sint Maarten as to whether the island’s hospitality industry, including timeshares, and laws of property ownership should and does have ironclad protection for the rights of visitors coming to this island. The ultimate decision with our case will decide if investing in this island is worth the risk, which in TOCA’s case, concerns matters about the property owner’s right of access to even enter our personally-owned timeshare property.

  You might believe that this high-profile court case ought to have led to better protection for timeshare owners in Dutch Sint Maarten. Sadly, a Draft Timeshare Ordinance promising to offer even more protection for future timeshare owners has yet to be ratified. The Sint Maarten government is not rushing in to provide further binding protection for current timeshare owners.

  Sint Maarten is facing a prime litigation crossroads, which will most likely spread throughout the timeshare industry if these timeshare agreements are not guaranteed ownership safeguards. Will the government ramp up a consumer protection ordinance to protect timeshare owners who have invested in a vacation timeshare in Sint Maarten, or will the government just keep shying away from an ever-pressing demand to resolve this issue?            Although this island has heavily depended on tourism in all aspects of their businesses, a failure to guarantee visitors and investors to this island their legal rights to timeshare ownership will be another serious blow to an already threatened economy in the aftermath of Hurricane Irma and the COVID-19 pandemic.

  Hopefully, our TOCA membership will eventually have a favourable answer from the Dutch Court of Appeals after a partial rendering of the decision by the Dutch Supreme Court at The Hague moved our case back to the Appellate Court. Will this also be a victory for the “Friendly Island”, and an optimistic decision for the future of Sint Maarten’s economy? Even on a beautiful Caribbean island, renowned for offering weary travellers gorgeous beach views, great underwater adventures, supremely azure seas, and fabulous entertainment, our day in court may well determine how this island will continue to welcome international travellers, especially those who choose to invest in Sint Maarten’s economy.

Nancy Jennis Olds

Henderson, Nevada

While the grass is growing, the horse is starving

Dear Editor,

  We are about over a year into the COVID-19 pandemic. The impact of this disease on our island nation has been nothing short of disastrous. The impact has meant 2,134 confirmed infected cases with 27 deaths. Thousands have been pushed into poverty. Equivalently, thousands of jobs have been lost. This can be clearly reflected in the claim of the Minister of Finance, indication of the severe increase in income assistance requests, the drastic increase in the requests for social welfare, and the tens of thousands receiving food aid by the various food aid agencies such as the Red Cross and K1 Britannia and civic and church organizations providing food for persons. The absence of these food programs and social assistance would have led to many being placed into acute hunger.

  Besides the immediate impact smack in our faces from this disease, the COVID-19 pandemic has laid before us all long-lasting scars for us to bear for many years to come. Closed and/or partially-opened schools has halted children’s physical mobility and socialization. The collapse of many small businesses and lost jobs has led to the depletion of savings and assets, which thereby enhanced debt accumulation that has stunted investment and necessary social spending in the economy.

  The social and economic burn from COVID-19 has descended down and spread through the working class and poor of this community like wildfire. The pain of this pandemic is layered on some infectious social and economic burdens that had already been eating away at the quality of life and the standard of living in St. Maarten.

  An overcrowded school system with no clear direction that is not adequately preparing our children for the local or regional marketplace which has led to overburdened and overworked schoolteachers, a failed justice and labor system that promotes and rewards employer abuse of the local job market and abuse of employees, the impact of climate change which has led to devastating hurricanes on our island and region alike, heightened increase in stress levels and violence throughout the community and a bloated government apparatus which failed to lend any vision for the direction of the country, have all created an economic stagflation pinching and punishing each and every individual at different times and intensities. But the pain and suffering has remained nonetheless.

  Because of this individualistic government structure, the natural order of the day has been a reactionary look at each crisis individually and placing it in the lap of the respective Minister and ministry to find unilateral solutions to the challenges of the day. Oftentimes they miss the direct consequences of their decisions and solutions or lack thereof. This failed model has missed the opportunity to identify interconnections of the challenges and the necessary solutions. Failures in justice affect the school system, failures in the economy affect the social welfare system, and failures in infrastructure affect the health system, and so on and so forth.

  The government’s decisions and choices today on the heightened challenges of povery, health care, inequality, and climate impact will determine our future for years to come. We need a better direction going forward to deal with the interconnected challenges born of the COVID-19 pandemic. A paradigm shift in the management structure in the way this government addresses challenges is necessary. It is high time they move swiftly and honestly with collective integrated responses to these challenges.

  The State Secretary has presented a piecemeal country package that once again is an attempt at myopic individualistic solutions to the many challenges. We have seen that the Hon. Prime Minister has agreed to these solutions in her response. However, the overall vision from this government on integrated solutions is still lacking.

  The resounding question throughout the community is “Where are we going?” The government’s silence in its failure to answer this question is deafening.

  The failure of a clear unambiguous vision combined with the limbo the Prime Minister and Parliament have placed this country in with their Choharis catastrophe only exacerbates the crisis the people of this country are facing. While the grass is growing the horse is starving. While the people are waiting on the proper leadership of this government on the proverbial field for the grass to grow, the people are starving.

Khalil K. Revan


Education versus brainwashing

Dear Editor,

  Let me start by saying the purpose of this topic is not for any person to agree or disagree with me but to become an individual thinker and to analyze all information based on facts and not popularity and to understand. It has all to do with common sense.

  In many school systems today, mainly in the United States, Canada, and Europe, children are brainwashed to accept homosexuality and transgender as a part of human natural characteristics. Based on science and God-given spiritual knowledge there are only two genders.

  The big question is why? The world is really becoming a deceptive and evil world, the intent is to make the wrong right. Once you can get people to accept that, you can control them. The evil thinking is to try to shame the normal person as offensive and heartless people who do not care about others’ feelings. Make them believe they do not have compassion for others. Create a false narrative that good and wrong are not really a fact but tolerance of alternative lifestyle (evil acts) is the way how to make the world become a better place.

  The intent is to change the normal structure of how our God with the son named Jesus made humans be. Once you can get humans to accept there is more than one gender, it is guaranteed you can deceive humans to accept anything that you want them to believe.

  Education informs learners about the facts around them and helps them become critical thinkers. In contrast, brainwashing provides learners with heavily biased information that leads to one predetermined conclusion.

  We are living in a very evil world where a few people who are financially powerful have the motive to change the world as they see fit and not how God intended for the world to be. These people are anti-Christ people. Their intention is pure evil, they want to tell you what to think and train you, which really is brainwashing you, to teach you how to be obedient to them not to God.

  That is why you see in the United States today Facebook, Twitter, YouTube will censor people when you show facts that they do not agree with, and they proclaim fact-checkers which is usually lying to censor your information because they have the platform that controls free speech. This is what is called the spirit of the age.

  By “it”, we refer to certain attitudes and values in society. This prevailing “spirit” can either be that influenced by biblical standards or by atheistic secularism, or something in between. I will now quote an accurate description of the spirit of the age from a Christian website.

  “The current liberal values, absence of moral absolutes, political correctness, false belief systems are all part of this. Such is the rejection of biblical norms in modern Western society, that the ‘spirit of the age’ is a strong current against Christianity. It is also defensive. Dare speak against it and we are rounded on as ‘extremists, ‘intolerant’, and almost guilty of ‘hate-crime’. Today’s much-vaunted tolerance turns remarkably in-tolerant when we speak up for God’s word and His righteousness.”

  Be careful of who is teaching your children in school – research about the school before you send your children there.

  The conclusion is never to confuse education with brainwashing. It is every person’s responsibility to think for themselves and prove all things.

  Do not follow or agree with an issue because the majority has accepted it.

  Matthew 7:13-14 “Enter ye in at the strait gate: for wide is the gate, and broad is the way, that leadeth to destruction, and many there be which go in thereat: Because strait is the gate, and narrow is the way, which leadeth unto life, and few there be that find it.”

  Isaiah 5:14 “Therefore hell hath enlarged herself, and opened her mouth without measure: and their glory, and their multitude, and their pomp, and he that rejoiced, shall descend into it.”

  Choices have consequences. Choose wisely.

The Patriot Miguel Arrindell

The Daily Herald

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