WILLEMSTAD - In her presentation to the central committee of parliament, former minister Suzanne Camelia-Römer declared that the concept of the COHO Kingdom Act, which is now before parliament for treatment, is rattling on all sides. To begin with, it violates the three basic principles of the Statute.
Camelia-Römer is the leader of the extra-parliamentary party PIN, but was invited as a legal expert to give a presentation on the pros and cons of the Consensus State Act for the establishment of the Caribbean Reform and Development Agency (COHO).
From a legal point of view, there is much that can be improved about the law. That is even of great importance. Because with the proposal that is now on the table, 'we are doomed to fail', concludes Camelia-Römer, who is also a lawyer. "No implementation test has been done, and I fear that we are not equipped organizationally and financially to handle the work."
According to Camelia-Römer, the most basic agreements, laid down in the 1954 Charter of the Kingdom of the Netherlands, are not being respected. This involves autonomy of the island territories, equality in the field of common interests and offering each other help if necessary.
“The current proposal cuts through this,” she says. “A Dutch body that falls under Dutch law. It is actually unbelievable that the Country of Curaçao had to agree to that.”
The draft law stipulates that COHO will be established as an independent administrative body (ZBO). The organization and management of the Dutch ZBO is regulated in the Framework Act of the same name. Camelia-Römer sees two options for improving this. The COHO could, based on the constitution, be established as an independent administrative body of Curaçao itself. In the other case, as is possible through the Charter, a cooperation body for financial and economic resilience is created at the level of the Country or the Kingdom.
Camelia-Römer: "In both cases, the Netherlands and Curaçao decide together on appointments and funding."
Because by using a Dutch instrument such as a ZBO, the Dutch Minister of the Interior and Kingdom Relations (BZK) gets far too much to chew on. “A Dutch minister who is accountable to the Dutch parliament determines the policy rules for the COHO and approves the budget,” said Camelia-Römer.
The same Minister of the Interior and Kingdom Relations can also annul a COHO decision and make provision in the event of 'neglect'. Camelia-Römer: "The minister can even decide to replace the COHO, as a government commissioner was appointed on Statia in 2018 to replace the island's administration."
Based on the proposed Consensus Act, the minister will in certain cases be given the power to issue a financial instruction. "We cannot allow that," Camelia-Römer says decisively. “In the process of country packages and the implementation agenda, COHO has the role of approving or rejecting proposals. If you put everything together, it is actually the Dutch Minister of the Interior and Kingdom Relations who governs the Country of Curaçao.”
The principles of corporate governance, 'good governance', are also flouted by the assignment of policy, implementation and supervision tasks within COHO. In this way, the powers of parliament and ministers are being eroded. Camelia-Römer advises to guarantee parliamentary democracy by giving COHO only supporting tasks. "Parliament cannot send the COHO home, but they can dismiss a minister of Curaçao if necessary."
That authority of parliament is also under threat because the duties of the Financial Supervision Board (Cft) have been expanded in the COHO Act. The Cft is an independent, joint body that monitors compliance with financial standards and the progress of financial management. The Cft reports and advises but does not interfere with policy. But within the COHO, the Board also has scope for policy assessment regarding the plans of approach.
“That is more than just checking the budget and can lead to an indication to adjust it,” warns Camelia-Römer. “Then it may happen that parliament approves the national budget and that the Cft and COHO subsequently decide otherwise. The Cft should therefore not be given this policy task. It erodes the authority of parliament.”
It is now up to parliament to prevent the worst and to counteract, according to Camelia-Römer's presentation. The Curaçao parliament cannot vote for or against the draft Consensus Act, but it does have the right to criticize it. This can first be done in the report of the treatment of the law that is sent to the Dutch Parliament.
"It is important that the opinion of parliament is reflected in it and comments on the legislation," says Camelia-Römer. Special delegates can then attend the meeting of the Dutch House of Representatives and once again draw attention to the position of the Curaçao parliamentarians. Camelia-Römer: “If parliament does not agree with COHO, the process cannot continue. Then the law will be renegotiated or will be dropped.”