Sarah understands Aruba’s
position on Justice matters
PHILIPSBURG--Constitutional Affairs Commissioner Sarah Wescot-Williams understands Aruba’s not wanting to let go of acquired constitutional rights such as having its own Attorney General.
While the Dutch Government has negotiated one Attorney General for Curaçao, St. Maarten and the BES islands Bonaire, St. Eustatius and Saba in the constitutional change process, Dutch Justice Minister Ernst Hirsch Ballin announced on Monday that Aruba would have its own Attorney General and that the Dutch Justice Minister’s authority to give instructions to the Attorney General would not apply to that island.
“Aruba in its discussions with the Minister always stated that the process of the Netherlands Antilles should not change what it has today; that is, its own Attorney General. While Aruba is a necessary partner in the process, it is going to make sure that changes it does not want will not happen,” Wescot-Williams stated during Wednesday’s Executive Council press briefing.
Regarding the position of St. Maarten towards Aruba not having its own Attorney General, the Commissioner said St Maarten was party to several agreements in the context of November 2, 2006.
“In there it’s clear how we think and look at the Attorney General and how we look at the authority of instruction by the Dutch Minister. Let’s realise these particular issues have been issues of much discussion ever since the signing of the November 2006 accord.”
She said everyone was looking at the advice of the Council of State on the matter of instruction by the Dutch Justice Minister in his capacity as member of the Kingdom Council of Ministers.
“The crucial part is article 43 of the Charter of the Kingdom. That is a guarantee function of the Kingdom. Only when there is a total breakdown in the areas of Justice, good governance or financial government can a member of the Kingdom Council of Ministers intervene.”
