Dutch frustrating process,
are accused of blackmail
PHILIPSBURG--The Dutch have once again cast doubt on the constitutional change process and “this has to stop, it’s frustrating,” Constitutional Affairs Commissioner Sarah Wescot-Williams told The Daily Herald Monday.
And, according to Constitutional Affairs Project Director Dennis Richardson, not holding the Round Table Conference on constitutional change on December 15 would be “dishonest” and “constitutional blackmail.”
Wescot-Williams and Richardson were reacting separately, but vehemently, to the recent progress report of Dutch State Secretary of Kingdom Relations Ank Bijleveld-Schouten (see related story on page 3).
The report, recently sent to the Dutch Second Chamber, stated that the discussions on the points of departure for the Consensus Kingdom Law on Police and Financial Supervision for Curaçao and St. Maarten formed a risk for the review in December 2008, and consequently the implementation of the planning of the remaining process until December 2010.
In her report, Bijleveld-Schouten also implied that the December 15 Round Table Conference (RTC) could only be successful if the necessary legislation was ready, so the procedure of actual constitutional changes could start.
Wescot-Williams said she understood that the State Secretary was reporting to her political base in the Netherlands, but said that every time this type of information was given it was not good for the process.
Several matters concerning justice, finance, structuring of the new countries and dismantling the Netherlands Antilles have been labelled in the report as progressing too slowly.
Although the date for attaining country status is still elusive, doubt is being cast on the constitutional change process, making it seem as if it will not be attainable because the work is not being done fast enough.
Wescot-Williams said that implying that the islands were not working hard enough is far from the truth. “The Dutch have a position that it’s either their way or no way at all, and that’s not acceptable.”
She said the RTC was intended originally to deal with the review of the constitutions and the organic laws of future countries Curaçao and St. Maarten, the Consensus Kingdom Resolution regulating the financial supervision and the Consensus Kingdom Law on Police.
However, several other matters are being brought in by the State Secretary. This, while St. Maarten still cannot get an answer on what it will get out of the promised debt relief. Nobody is saying anything about the debt that has kept growing after December 31, 2005.
In this regard the Commissioner said it was not clear whether the debt relief would start when the Consensus Kingdom Resolution regulating financial supervision was agreed on by the Kingdom Council of Ministers or when the RTC was held and the draft Consensus Kingdom Laws were approved.
Richardson said the Dutch were making use of the fact that changes in the Charter of the Kingdom necessary for St. Maarten to attain country status had to be passed by the Second Chamber to put “put all kinds of pressure” on the islands.
“We have been negotiating in good faith, but the discussions on the Police Law have become a matter of principle for us,” Richardson said. “If this is the price we will have to pay for the RTC not to continue or to not attain country status, then so shall it be.”
He said the agreement was that certain police tasks would be executed jointly. However, instead, the Dutch want to create a fourth police force with all the major authorities, downgrading all the local police forces.
He said the Dutch proposal was not clear regarding to whom criminal investigators would be responsible. “Even the Attorney General, according the Consensus Kingdom Law, will be responsible to four Ministers.”
St. Maarten is willing to cooperate in areas such as police training and forensic investigations, Richardson said, but not to give up its authority over the police. “This would be undemocratic. Investigators have to be watched closely, because with time they have the tendency to bend the rules to collect evidence. Why don’t they try it first in Europe?” he said.
