THE HAGUE - The Consensus Kingdom Act Caribbean Body for Reform and Development does not conflict with the right of self-determination of peoples.
At least that is what the Dutch government thinks, according to a letter from State Secretary Van Huffelen (Kingdom Relations) to the Pro Soualiga Foundation movement in Sint Maarten. The statute also does not conflict with the universal right to self-determination, the minister writes.
Pro Soualiga asked if the State Secretary can confirm that because the right to self-determination is also a “jus cogens/peremptory” norm that it prevails over the Rijkswet COHO and that there is no lawful way to circumvent or, derogate from, a “jus cogens/ peremptory” norm.
Van Huffelen indicated that as the Kingdom of the Netherlands has stated in its written statement of 17 April 2009 in the International Court of Justice’s Advisory Opinion procedure ‘Accordance with international law of the unilateral declaration of independence in respect of Kosovo’ and in its written statement of 27 February 2018 in the International Court of Justice’s Advisory Opinion procedure ‘Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965’, the right of self-determination of peoples is a permanent, continuing, universal and inalienable right with a peremptory character. In case of a conflict between a rule of international law with a peremptory character and national legislation, international law takes precedence over such national legislation.
The State Secretary stresses that the Kingdom of the Netherlands considers COHO in accordance with the right of self-determination of peoples. Therefore, the issue of precedence does not arise.
To the question of whether the State Secretary can confirm that the right to self-determination also prevails over the Kingdom Charter or “Het Statuut”, Van Huffelen referred to the answer to the first question.
Van Huffelen says that also in this regard the Kingdom of the Netherlands considers that the Charter (het Statuut) of the Kingdom is in accordance with the right of self-determination of peoples.
“I trust that this answers your questions. On the request of the committee of Kingdom Relations of the Dutch Parliament, I will send them a copy of this letter. I will also send a copy to the Prime Minister of Sint Maarten.”