BES islands seek extra
constitutional guarantee
THE HAGUE--The BES islands Bonaire, Saba and St. Eustatius are aspiring to have their new status as “public entity” of the Netherlands secured in an Explanatory Note to the Kingdom Charter.
This way, explained Bonaire’s Commissioner of Constitutional Affairs Anthony Nicolaas, the people of the BES islands are guaranteed that the position of the islands is secured in the future, no matter what happens, no matter which coalition forms the Dutch Government.
The idea is that a stipulation is added to the Charter to secure the BES islands’ constitutional basis when it is adapted to do away with the Netherlands Antilles as a country and to accommodate the new status of Country Curaçao and Country St. Maarten.
In Bonaire’s opinion, the basic legislation defining the structure, the “public entity” status of the BES islands, the WOLBes as a piece of legislation by itself would not sufficiently protect the new constitutional status.
In the Explanatory Note to the Charter it would be stated that the Dutch Constitution would be applicable to the BES islands, once they have become a public entity. “That gives us the protection,” explained Nicolaas. The Explanatory Note would go into effect in 2010 or 2011 when the BES islands become a public entity, just as the WOLBes.
In the future, the Kingdom Charter would state that the Dutch Kingdom consists of the Netherlands, Curaçao and St. Maarten, and that the BES islands are part of the Netherlands. The issue of the Charter was a big issue for Bonaire during Thursday’s political consultation with the Netherlands in The Hague (see related article).
Adapting the Dutch Constitution at short notice is not feasible since this entails a long process in which Dutch Parliament, the Second Chamber would have to be dissolved in the second reading. Dissolving of Parliament takes place with elections. Not all aspects of the Dutch Constitution will become applicable to the BES islands: there will be exceptions.
