THE HAGUE - The Kingdom is not self-evident. Substantive investments must therefore be made in the relationship between Curaçao, Aruba, Sint Maarten and the Netherlands. This can be read in the chapter 'Kingdom' in the annual report of the Council of State of the Kingdom, published on Thursday.
One of the incidents that is mentioned is the failure of the Kingdom Act for the settlement of disputes while within reach. “It is a pity that after twelve years the countries are actually back to square one. However, the Council of State is of the opinion that a regulation without support, and which is therefore already a dispute in itself, will not be effective. Perhaps the countries can now first check which existing arrangements already exist, how they function in practice and what lessons can be drawn from them for a general scheme," according to the annual report.
Kingdom
The Council of State is not only the Council of State of the country of the Netherlands, but also the Council of State of the Kingdom. The Council is aware that the Kingdom cannot be taken for granted, but that substantial investments must be made in the relationship between the countries.
Corona
In 2021, developments in Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba were dominated by the ongoing corona pandemic. Although tourism on some islands started to recover, especially in the second half of the year, the socio-economic need remained high.
Partly thanks to the cooperation between the islands and the cooperation with the European Netherlands, the health care system continued to function and, for example, vaccination campaigns could be carried out quickly. Where necessary, the Netherlands also contributed financially to, for example, the island food banks, thereby giving a concrete and positive interpretation to the kingdom idea formulated by Queen Wilhelmina at the end of 1942: 'supporting on own strength, but with the will to assist each other'.
Kingdom Disputes Act
In September 2021, the State Secretary for the Interior and Kingdom Relations withdrew the bill to draft a Kingdom Disputes Act. The State Secretary noted that there was no (any longer) support in the Caribbean countries. The proposal had previously been adopted with broad support by the House of Representatives, after an intensive debate and several amendments, in the presence of Caribbean delegates.
However, on the eve of the debate in the Senate, the delegations of the States of Aruba, Curaçao and Sint Maarten opposed the proposal. The objections of the delegations went to the heart of the proposal: the question of whether the Kingdom Council of Ministers should be allowed to deviate from the judgment of the dispute resolution body in exceptional cases. The withdrawn bill intended to implement Article 12a of the Charter for the Kingdom. It states that provisions are made in a Kingdom Act for the handling of disputes between the Kingdom and the countries.
Incidentally, the Advisory Division had issued critical advice on the original bill. The Council had given a negative opinion in a consultation advice about the amendment that would create a new Department within the Council. Article 12a still obliges the Kingdom to come to a dispute settlement.
It is a pity that after twelve years the countries are actually back to square one. However, the Council of State is of the opinion that a regulation without support, and which is therefore already a dispute in itself, will not be effective. The countries may now first be able to examine which existing schemes already exist, how they function in practice and what lessons can be drawn from them for a general scheme.
Intervening in Curaçao
The Advisory Division of the Council of State of the Kingdom advised several times in 2021 about the powers of the Kingdom government. In March 2021 it did so about the intended intervention of the Kingdom government in Curaçao.
Due to a boycott by the opposition members, the credentials of an elected candidate of parliament could not be checked. This made the functioning of the parliament impossible. The Kingdom government, by means of an order in council, instructed the governor to take over the credentials investigation. The Advisory Division considered this measure necessary, because the soundness of the government was at stake. And it thought the measure was proportional, because less drastic measures had not offered any solace.
Kingdom Act COHO
Recommendations were also made in 2021 on proposals that shift the balance between the autonomy of the countries and the powers. These proposals were related to the financial support from the Netherlands to Aruba, Curaçao and Sint Maarten in response to the corona pandemic. The associated conditions mean that the powers of the Kingdom, and the Netherlands as the largest country therein, have been expanded in certain areas.
Regarding the Kingdom Act on the Caribbean Body for Reform and Development (COHO) and the memorandum of amendment that were submitted for advice, the Advisory Division noted that it is obvious that the liquidity support is linked to a reform program. It also drew attention to the importance of individual responsibility and problem ownership of the Caribbean countries when carrying out reforms. In February 2022, the governments of the four countries of the Kingdom reached an agreement on the COHO proposals, after which the parliamentary discussion started.
Kingdom day
On Wednesday, December 15, 2021, the Council of State organized a hybrid mini-symposium on the development of the office of Governor in the Caribbean countries. This meeting was not only dominated by the annual celebration of Kingdom Day, but was also organized to mark the departure of former governor Frits Goedgedrag as State Councilor in extraordinary service at the Advisory Department. The meeting could be followed in both the European Netherlands and the Caribbean, which was also done by a hundred interested parties.
Cooperation within the Kingdom
Administrative Jurisdiction Department
The Administrative Jurisdiction Division works closely with the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and Bonaire, Sint Eustatius and Saba. This means that it provides assistance in settling administrative law cases on appeal based on the various National Ordinances on Administrative Jurisdiction. The Joint Court of Justice is made up of a President and the other members and alternate members. For the cooperation, a number of members of the Administrative Jurisdiction Division have been appointed as alternate members of the Court. An experienced lawyer from the Administrative Jurisdiction Department has been seconded to the Community Court for support.