SXM StMaartenNews May2024 Edition

May Edition 2024

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• May 2024 Edition of St.Maartennews.com

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MP Jacobs: “There was a lot of

infighting in that coalition”

PHILIPSBURG -- “I was never part of the recruitment of Kevin (Maingrette) or any other member of parliament,” National Alliance MP Silveria Jacobs said during an interview on Radio 101.5 FM on Monday, May 27.

government and the call for new elections that are now scheduled to take place on August 19. See related story...

Jacobs noted that her party was in a government with the United People’s party (UP) for four years. “This country has been crying for stability,” she said.

The former prime min- “During two of those ister discussed in the years we have had to interview political de- deal with crises - the velopments after the hurricane, Covid-19 and fall of the Mercelina the economic downturn.

And all the guns were blazing at the sitting government of National Alliance and UP.” Jacobs is looking forward to the new elections with confidence.

See related article here>>> “The reset is going to be a good thing for St. Maarten adding that she was surprised to see at least one party going the route of forming a four-party coalition.

She referred to the

Dutch electoral system, saying that the system on St. Maarten is a carbon-copy of it. “The things Wilders is pushing are not something the right and the center right can align with.

This is why Wilders is not the prime minister, but at least they took their time to see if they could form a compromise government.”

St. Maarten indeed does not have that tradition.

Usually parties find each other the day after any elections, thus making the role of an informateur and a formateur rather meaningless.

“We do not have a strong right or a strong left here,” Jacobs said after a question about the lack of ideology within political parties.

“We are somewhere in the middle.”

She criticized the way the four parties - URSM, NOW, PFP and DP had found each other in a coalition, saying: “One party is speaking strongly about integrity while another party has a member who is under criminal investigation and another one has a conviction that was held up on appeal and there are others with the perception of integrity issues. How can you align with that group while you cannot align with me because of the perception of integrity issues with one of my members?”

Jacobs said that she was well aware of tensions within the fourparty coalition. “I knew there were a lot of challenges with the NOWparty not being able to have a minister in the person of Christophe Emmanuel and the PFP not being able to have a minister in the person of Raeyhon Peterson.”

The defection of NOWMP Kevin Maingrette also came up in the interview. Jacobs laughed at the notion that either her party or the UP may have made promises to Maingrette in return for his breaking away from the NOW-party. “And now that he is running back, nobody promised him anything? When I spoke with Kevin and heard his story I thought, alright, he is serious and now we can move forward. He felt that he was not respected and that he was being shoved aside. There was a lot of infighting in that coalition, but I was never part of the recruitment of Kevin or any other MP. And by the way, three or four members of the current coalition have done in the past what Kevin has done.”

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May Edition 2024

Local

Editorial

By Terrance Rey

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Voters’ real concerns: the Bread and Butter Issues

In the midst of political debates and legislative complexities surrounding the use of Article 59 of the Constitution of St. Maarten, it’s crucial to remember the core concerns of the average voter. A statement provided by a StMaartenNews.com reader highlights a significant disconnect between political, legal, constitutional and intellectual discourse and the daily struggles of the common person.

Colofon

StMaartenNews.com Telephone: +1-721-588-0800 Whatsapp: +1-721-588-0800 Telefax: +1-866-503-0347 Email: info@stmaartennews.com Website: www.stmaartennews.com Facebook: stmaartennewsdotcom

-“You guys know that people are not interested in this debate. The regular local man on the street, the people who actually go to the vote - except for a few elites - you know that they’re not interested in these things, right? They – the people – the voters – are more interested in the bread and butter issues. How are you going to put food on their table?

How you’re gonna bring down the cost of living and deal with things like rent, house rent, apartment rent, because most people are renting, or whatever the case may be. These are things that people care about. The regular man on the street, he doesn’t give a hoot about solution for conflicts of Article 59 and those kind of stuff. In general, politicians are talking over people’s heads. People who actually out there, who are actually struggling, who are actually hurting, they don’t want to hear or see this. They want to talk on or know about the bread and butter issues. And I think a lot of this just fly over their heads and this is why it doesn’t resonate with voters.”

- Mervin Hanley, THG Network The following points are the key take-aways from this reader’s statement: - Bread and Butter Issues: The primary focus for most voters lies in the practicalities of life—how to secure their next meal, manage living expenses, and afford housing. These are the bread and butter issues that directly impact their quality of life.

- Political Disconnect: There is a perception that politicians often engage in discussions that are far removed from the realities of those they represent. The intricacies of laws like Article 59 and electoral conflicts may seem irrelevant to someone preoccupied with making ends meet.

Published by: Anykey Services N.V. P.O. Box 5245 Philipsburg, St. Maarten CoC reg. nr. 020907 WIB ANG ACC# 812.056.00 WIB USD ACC# 812.055.02 RBC ANG ACC# 404227551 RBC USD ACC# 404227713

- Communication Gap: The language and priorities of politicians can sometimes appear to be “talking over people’s heads,” failing to address the immediate concerns of voters who are struggling and hurting.

Publisher/Managing Director Terrance Rey

- Resonance with Voters: For political messages to resonate, they must align with the interests and needs of the electorate. Voters want to know how leaders will address their day-to-day challenges, not just the high-level political manoeuvres.

Emeritus Freelance Writer Hilbert Haar Graphics Designer/Layout Oscar Vanegas & Fredrena Pemberton Video Editor/Engineer Reginald Richardson

In conclusion, politicians must bridge the gap between legislative actions and voter concerns. By focusing on the issues that touch the lives of the average citizen, they can ensure that their policies and communication are both relevant and resonant. This alignment is essential for fostering trust and securing the support of the electorate.

Terrance Rey

Freelance Reporter Andrew Bishop (RIP)

Publisher & Editor STMAARTENNEWS.COM

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May Edition 2024

Local

National Alliance Stands

Land Transfer Issue

Ministers

Facilitate Met Office,

Firm in Support of Its

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Being Resolved to

Civil Aviation Projects,

Says Grisha

Philipsburg, St. Maarten – The Board of the National Alliance (NA) is deeply concerned about the false narratives being spread by the outgoing 2x4 coalition. These misleading claims undermine public trust in elected officials.

When the National Alliance took office in November 2019, they inherited a budget for fiscal year 2019 that had just been approved after nearly a year’s delay by the previous DP Minister. This delay halted new policy implementation and left the budget unbalanced, with a shortfall of approximately NAF 71 million guilders, necessitating a request for liquidity support from the Netherlands.

Despite the challenges left by Hurricane Irma, the NA-led Government did not complain.

Then, in March 2020, St. Maarten, along with the rest of the world, faced the global COVID-19 pandemic.

The government quickly created and executed the St. Maarten Stimulus and Relief Plan (SSRP), providing direct financial support to over 1,600 companies to help pay employees.

Additionally, bus drivers, taxi drivers, independent taxi drivers, and individuals who lost their jobs due to COVID-19 received stipends.

For eighteen months, the NA/UPP-led Government provided critical support during these

trying times.

St. Maarten was one of the first islands to safely reopen to the world, recognizing tourism as its primary income generator.

Airlines and cruise ships soon returned, a process that takes time.

By the end of 2022, normalcy had returned, allowing the Government to focus on the island’s numerous challenges.

Key accomplishments included forming task forces to collect payments from individuals and companies owing years of domain land fees and casinos in arrears. The government also ensured that the Justice Chain received their rightful positions and payments.

Additionally, over ten years of financial statements were cleaned up, the budget was balanced, and NAF 90 million guilders were secured for capital expenditures for the first time in over a decade.

Capital expenditure is crucial for national development, and the inability to invest each year has significant ripple effects. These critical milestones were achieved under the NAled Government, despite the distorted picture the outgoing Council of Ministers attempts to paint.

The National Alliance remains committed to transparency and progress, standing by the achievements and integrity of their ministers.

GREAT BAY (May 27, 2024)—The process of the transfer of land from the Princess Juliana International Airport Holding company (PJIAH) to the government for the construction of the Weather Bureau and Civil Aviation buildings has been set in motion, following discussions between Minister of Tourism, Economic Affairs, Traffic and Telecommunications Grisha Heyliger-Marten and PJIAH management.

The land transfer issue has been pending for almost a decade, resulting in increasing rental expenses for government.

The land in question measures some 1,200 square meters at the location of the Air Traffic Control Tower.

“One of the reasons the Met Office and Civil Aviation projects have not been able to get off the ground is because of the issue of the land transfer which has not been resolved,” Hey-

liger-Marten disclosed.

“This needs urgent resolution and I’m happy to hear that an assessment and valuation of the proposed division of the land has already begun,” she added.

The minister said about NAfl 8 million has been reserved in the 2024 budget for the two projects. The NRPB is also supposed to fund some aspects of the projects.

“Therefore, it isn’t for lack of money but rather due to lack of the necessary attention that the projects have not progressed all these years,” the minister said.

Another matter that requires immediate attention is the composition of the Supervisory Board of Directors of PJIAH. The Chairman of the Board, Cleveland Beresford, will be resigning in a couple of months. This will leave only two board members in place, while a minimum of three board members is the requirement stipulated in the company’s Articles of Incorporation.

The process for appoint-

ing new board members has already started and is expected to be completed in approximately one month.

Moreover, PJIAH awaiting the finalization of the risk and financial assessment of the corporate structure of the company, while it will also address the issue of the limited financial resources for professional and operating expenses. PJIAH, in addition, agreed to develop and implement a Dividends Policy.

The Minister said she was satisfied with the outcome of the introductory meeting with the management team of PJIAH and assured that she will be following up on all the issues raised.

Photo Caption: Minister Grisha Heyliger-Marten (2nd L) with her Chef de Cabinet, Regina LaBega (L), PJIAH managing director Perry Wilson (2nd R); and Eunicio Martina, corporate secretary (R).

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May Edition 2024

Local

Opposition exploiting gridlock

to cling to power

Dear Editor, The political situation in Sint Maarten presents a complex challenge due to the absence of a fully constituted parliament.

With only 13 members currently active instead of the full 15, the inability to achieve quorum prevents the vetting and induction of the two pending members. This situation underlines the current gridlock, which the opposition seems to exploit as a strategy to cling to power.

The criticism by the opposition is centered on the argument that the coalition is disorganized and unable to properly vet and seat their members, signaling a broader instability within the coalition, and further questions the legitimate support of this government in parliament. In response, the opposition urges members of the

coalition to join the opposition.

However, with that move there is the potential to dissolve the government through invoking Article 59, via the current council of ministers.

This article, historically reserved for instances where there was no longer support for the government in parliament, even when there was a clear majority.

Historically, this precedent shows that invoking Article 59 has political repercussions, often resulting in the nonreelection of the prime minister who used it, as seen with former Prime Minister Leona Marlin. In 2015, MP Sarah Wescott, who was Prime Ministers at the time indicated that article 59 should be reserved for when parliament is in disarray, and no clear majority is formed therefore parliament is unable to function due to a lack of clear majority, poses a significant risk.

Photo image caption: The moment when the ‘Super 7’ opposition members walked out of Tuesday’s public meeting of Parliament on May 7, leaving the meeting without a quorum after a roll call.

The Council of Ministers, on the other hand, can argue that the responsibility for a functional parliament rests with the elected officials themselves, suggesting that if members choose not to fulfill their duties, the government should not be held accountable.

Furthermore, the opposition faces its own challenges, as it cannot

secure a vote of no confidence without the support of at least one coalition member, due to the same issue of lacking a quorum.

This deadlock reflects a deep-seated political strife that questions the efficacy of the current parliamentary framework in Sint Maarten, raising concerns about the legitimacy of govern-

mental operations and the deliberate creation of disarray as a power tactic by some members.

The ongoing political maneuvering highlights the fragile nature of the island’s governance structure, where strategic political disruptions can impede proper governmental functioning.

Name Withheld On Request

May Edition 2024

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AirStMaarten

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Elections postponed until August 19

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PHILIPSBURG -- In consultation with Acting Governor Emily Bird-Lake, the government has postponed the elections for a new parliament from July 19 until August 19. Postulation Day is now set for July 2 and the new parliament will be seated on September 20, while the current parliament will be dissolved on the same date.

In a national decree dated May 27, the Acting Governor and the Prime Minister motivate their decision to change the dates that were established in a decree dated May 21. They quote the concerns expressed by the Central Voting Bureau (CVB) in a letter dated May 23 about the feasibility to stick to the terms established in the electoral ordinance and the ordinance registration and finances political parties in combination with the 3-month term established in article 59 of the Constitution. Additional, there were practical concerns due to understaffing of the Civil Registry. “This made it impossible to guarantee the required careful preparation and the orderly course of the elections,” the decree

states.

Based on the concerns of the CVB, the government came up with a new proposal but the CVB once more expressed its concerns.

On May 25 the Acting Governor Bird-Lake met with Prime Minister Mercelina and CVBchairlady Nathalie Tackling to discuss possible solutions. Their conclusion: practical concerns and capacity issues make it practically impossible to organize the elections in a responsible way. Hence the need to change the dates associated with the upcoming elections.

The new dates make it possible for new political parties to register.

The decree also reacts to the return of MP Kevin Maingrette to the coalition of URSM, NOW, PFP and DP: “The principle of the democratic constitutional state requires that when elections have been called, that decision cannot be reversed.”

The decree furthermore notes that the government is not handling a deviation from article 59 of the constitution lightly and that this is only justified under exceptional circumstances. “Such circumstances have currently occurred.”

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May Edition 2024

Buncamper: Governor applying unconstitutional, unlawful norms in denying Emmanuel, Peterson

PHILIPSBURG -Deputy Leader of the Nation Opportunity Wealth (NOW) party Claudius Buncamper on Sunday said that Governor Ajamu Baly must substantiate that the appointment decisions regarding Raeyhon Peterson and MP Christophe Emmanuel represent a significant and structural violation of “the soundness of governance,” a matter primarily within the national jurisdiction of St. Maarten.

legedly violated by these appointment decrees, providing a formal basis for requesting the Prime Minister to revoke these decrees.

“If the Governor cannot justify his actions according to Article 33(sub 1) and Article 40 of the Statute, he risks committing an offence in office per Article 25(c) and (d) of the Governor’s Regulations, potentially leading to criminal proceedings,” Buncamper said.

“The Governor’s request to the Prime Minister to revoke the national apBuncamper was react- pointment decrees could ing to the Governor’s be interpreted as a redecision last week to fusal to execute those send Peterson and Em- decrees, as per Article 3, manuel’s decrees back paragraph 2 of the LAR. to the Prime Minister to Peterson and Emmanuel be retracted. The Gov- may object to the Governor, Buncamper said, ernor or appeal to the should clarify which administrative court, renational regulation or questing a preliminary Kingdom interest is al- injunction to compel the

Governor to make a decision on their national appointments,” Buncamper further explained.

He pointed out that the regulations governing the role and powers of the Governor of Sint Maarten are established

by Kingdom law, in accordance with Article 2, second and third paragraphs, of the Charter for the Kingdom of the Netherlands. These regulations specifically pertain to the Governor’s responsibilities as an organ of the Kingdom, representing the King as the head of the government of the Kingdom.

A Kingdom Act, unlike a consensus Kingdom Act as outlined in Article 38, paragraph 2 of the Statute, exclusively regulates matters pertaining to the Kingdom. The primary matters of the Kingdom are enumer-

ated in Article 3 of the Statute. Consequently, the powers vested in the Governor by the Statute and the corresponding regulations are strictly related to the Governor’s role as a representative of the Kingdom’s interests.

“The internal governance of the Kingdom countries, including the appointment of their ministers, is considered an autonomous matter as per Articles 41 and 42 of the Statute. These responsibilities must be regulated at the national level through the Constitution Law in the Netherlands and by National Ordinances or constitutions in Aruba, Curaçao, and Sint Maarten. Article 43 (sub1) of the Charter reinforces that sound administration, legal certainty, and human rights are primarily na-

tional concerns. Under the second paragraph of this article, these responsibilities can temporarily be elevated to Kingdom matters, but this should be an ultimum remedium, exercised with great restraint by the Kingdom,” Buncamper said.

The NOW Deputy Leader stressed that the Governor, must exercise caution in designating national affairs as matters for the Kingdom, especially regarding the appointment of ministers and ensuring good governance. He said invoking Article 21 of the Governor’s Regulations and Article 43, paragraph 2 of the Statute without adequate justification could involve other Kingdom bodies – the Kingdom Council of Ministers and the Council of State for the Kingdom – in making final judgments on autonomous national matters, potentially leaving affected parties without recourse.

“This situation is turning into a national embarrassment for the Governor who has yet to notify the King of his refusal to sign the national decrees, but instead chose to send them back to the Prime Minister. For what exactly? The law prohibits this. The Governor is acting unlawfully and an legal action against the Governor could be initiated in civil court, claiming damages for loss of income and reputational harm suffered by Peterson and Emmanuel. The Governor is not above the law. The Governor must stop this charade for the sake of St. Maarten and its governance as well as his reputation,” Buncamper said.

May Edition 2024

Region

Supreme Court

wants clarity about the term conviction

PHILIPSBURG -- Sentenced or not? That question has become a hot topic that is currently under consideration by the Supreme Court. Key question: is someone sentenced if the court returns a guilty verdict without imposing punishment? The court in Curacao and the Common Court of Justice arrived during the past couple of years at opposing conclusions. This is why Edwin Bleichrodt, solicitor-general at the Supreme Court has submitted the question for review.

tient when he was working in the Dutch capital as a general practitioner. The court declared Braam guilty and punishable but it did not impose any punishment.

Braam withdrew his candidacy and went to court in an attempt to clear his name. His argument: a sentence without punishment does not qualify as a conviction as specified in the national ordinance that promotes integrity among (candidate) ministers (LIVM).

The court in First Instance disagreed and Braam appealed that verdict. The Common Court of Justice overruled the lower court in a landmark decision on [adrotate banner=”18”] His conclusion, which July 4, 2023 stating the will with near certainty Braam had not been be accepted when the convicted in accordance Supreme Court issues with the description in its ruling, is clear; a sen- the LIVM. tence without punishBlement qualifies as a con- Solicitor-general ichrodt filed cassation viction.

This will have conse- against this ruling “in quences for the future the interest of the law,” appointments of candi- stating that “the interest date-ministers, both in of clarity is in the interCuracao and St. Maarten est of public governance as well as elsewhere in related to future appointment procedures.” the Kingdom.

This story originates in Looking at all the asCuracao when, back in pects of the question, 2021, Eduard Braam Bleichrodt arrived at a was nominated as a clear conclusion: the rulcandidate for the post ing of the Court in First of Minister of Justice. It Instance in Curacao soon became clear that must be upheld. In other Braam was not going to words: a sentence withget through the screen- out punishment qualifies ing because a court in as a conviction. As a conAmsterdam had sen- sequence, such a convictenced him on May 30, tion makes it impossible 2002, for having had sex for candidates to become with a 16-year old pa- a minister.

So far, the Supreme Court has not issued a ruling, meaning that currently the ruling on appeal against the decision of the Court in First Instance still stands. There is therefore no reason to assume that the current situation will affect, for instance, the situation of Raeyhon Peterson, the candidate-minister for a post at the Ministry of Public Housing, Urban Planning, Environment and Infrastructure (VROMI) whom Governor Baly refused to appoint.

Peterson was, on appeal, sentenced without punishment for a confrontation with the police after a traffic accident that took place in 2018.

In a letter to Governor Baly, Peterson has pointed out that his situation cannot be compared with that of Eduard Braam.

He still demands an explanation for the refusal to appoint him. After all, Peterson received a declaration of good behavior from Justice Minister Anna Richardson and the VDSM (St. Maarten’s national security service) did not find any incriminating information either. The question is now whether Governor Baly may have looked beyond the current law, fearing that a future Supreme Court ruling in the Braam-case could come back to haunt him.

Whether that approach is justified remains an open question.

StMaartenNews.com

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Who’s to

blame?

St. Maarten is in bewilderment at the latest development today. A letter to the Governor went viral on social media wherein MP Kevin Maingrette states that he retracts his support for the Great 8 and renews his support for the Dr. Luc Mercelina government as an Independent MP. This is a political primeur for me. I have never ever seen this happen before in all the years I have been observing and writing about politics in St. Maarten.

This situation has exposed the fundamental flaw in our electoral process. This is what we get when we select willy-nilly candidates based on popularity or their ability to garner votes from a segment of the population. And not based on their qualifications or expertise. Clearly this young man is confused and knows not what he wants. He is caught up in the middle of a political system he neither knows the fundamentals of nor comprehends the political repercussions of his actions. Politically his career is dead.

But who do we blame for this?

Let’s entertain the ‘blame game’.

You have to blame this whole sordid political mess on: 1. The NOW party for taking any and all stray candidates off the streets to fill their party’s list. Kevin Maingrette was shopped around to the parties with the claim that he can bring them the Haitians votes.

It started there!

2. The 2x4 for forming a coalition with the NOW party knowing that Kevin Maingrette was the weakest link. They masterfully sidelined his advisor, but Kevin still remained a big question mark and an unpredictable factor in the equation.

3. Dr. Luc Mercelina for not providing adequate leadership and guidance. With such a diverse group of opportunistic politicians - because all politicians are opportunistic - you rule such an coalition with an iron fist. And he certainly should not have abandoned the coalition in Parliament with 6 seats with the naive hope that the opposition would help them make quorum. Not in St. Maarten! Mercelina failed there as a leader and as Prime Minister.

4. Kevin Maingrette himself as the most clueless amateur politician ever. #kevinregrette What can you expect from an unexperienced person pushed into politics? Please people let’s be real.

These are the people you elected. St. Maarten politics is at its lowest level at this point in history never seen before.

Terrance Rey Publisher & Editor STMAARTENNEWS.COM

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May Edition 2024

Local

Government takes

A supervisory board will act as the governing body responsible for the strategic oversight, and ensuring that the carnival’s objectives align with broader cultural The policy marks the and economic goals. end of the St. Maarten Carnival Development The supervisory board Foundation (SCDF) will be responsible for strategic as the entity that has approving been responsible for plans and budgets as the organization of car- proposed by the mannival for decades. The agement board. It also policy identifies several has to ensure that car“pressing challenges:” nival activities mainInconsistent manage- tain cultural integrity ment structures, finan- and community values. cial instability, lack of The board also oversees procedural transparen- financial transactions cy, underrepresentation and accountability and of local culture and con- it serves as an advisory cerns about the safety body on key decisions of residents and visi- to the management tors. The document fur- board. thermore mentions lack of procedural transpar- The management board ency and limited ac- reports directly to the countability as reasons supervisory board; it

is responsible for the day-to-day operational management of the carnival. This board plans and organizes carnival events in line with strategic objectives; it coordinates with government agencies, participants, sponsors and vendors to ensure seamless operations. It furthermore manages financial operations including budgeting and financial reporting. The management board implements marketing and promotional strategies to enhance local and international participation. Lastly, the board will have to ensure compliance with health, safety and environmental standards.

Carnival

In its conclusion, the policy document states: “The restructuring is a strategic initiative designed to enhance the event’s cultural significance, operational efficiency and economic impact.”

Ima Col

representation

for establishing the Carnival and Planning Committee that will resort under the Ministry of Justice.

Cultural

PHILIPSBURG -- The organization of carnival will from now on be under the control of a newly established St. Maarten Carnival and Planning Committee it appears from the restructuring policy for carnival published in the National Gazette.

By Hilbert Haar

Ai. not the Dev (SC ing tha St. cult Jus Ric ab Nat res St. men why car tur sta res

May Edition 2024

Local

s control of

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l organization

age caption: The Theo look-a-like carnival troupe cartoon is taken from the book Cusha Cartoons. Pre-order your copy by buying a Cusha lumns subscription here online at https://stmaartennews.com/subscriptions.

The government is t happy with the way e St. Maarten Carnival velopment Foundation CDF) has been organizg what has more often an not been labeled as Maarten’s number one tural event: Carnival. stice Minister Anna chardson has published brand new policy in the tional Gazette: the structuring policy for Maarten Carnival. It ntions several reasons y the organization of rnival requires restrucring, but one of them ands out: the underrepsentation of local cul-

ture. A newly established (or to be established) Carnival and Planning Committee has to correct this.

I do not doubt that the intentions behind this restructuring initiative are good but I wonder very much how this committee is going to achieve its goals, especially where it concerns the representation of local culture.

For years participants in carnival events must have thought that showing a lot of skin and letting their bare behinds hang freely in the wind was the way to express local culture. I am not a

prude but I have always wondered why carnival is, in this respect, so different in St. Maarten from other places. I don’t mind looking at barely dressed women, even if they are heavily overweight, but it is tough to associate such exposure with local culture.

I strongly suspect that Minister Richardson has had about enough of all this semi nudity; hence her initiative to bring the organization of carnival under government-control. Will it change anything? I doubt it.

Why? Because to make carnival culturally appropriate, the Committee would have to establish a carnival-outfit police, a unit authorized to ban revelers with “uncultural” outfits from taking part in a parade. That seems to me to be a mission impossible and that’s not because I would love to see the committee fail.

On the contrary, carnival events that display St. Maarten’s true cultural heritage would enhance the experience for participants and spectators.

To reach that point requires more than a Car-

nival and Planning Committee. It requires a change in the minds of all those who wish to take part in a parade that is going to make all St. Maarteners proud.

Unfortunately, mindsets are not for sale and committees are not going to bring about a drastic change in the way carnival outfits will look like.

All we can do for now is wait and see what kind of rules the committee will put in place - and how they think they are going to enforce those rules. I wish them much success.

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May Edition 2024

StMaartenNews.com

The Need for Critical Analysis of the Recent Government Formation Process

Dear Editor,

The recent events surrounding the government formation process in St. Maarten warrant a thorough and critical analysis. Here’s a timeline of events that highlight the complexities and challenges faced, which the public needs to scrutinize.

On January 13, 2024, the 2x4 coalition agreement was signed, a mere two days after the elections. The Governor then appointed Dr. Luc Mercelina as formateur on January 15, 2024. By February 10, 2024, the new members of Parliament were sworn in with a new majority, setting the stage for the formation of the government.

On January 18, 2024, the Governor appointed Dr. Nilda Arduin and Drs. Candia Joseph RO EMIA as informateurs and requested them to submit their report by February 2, 2024. In the report, the Governor requested that the informateurs pay specific attention to seven key areas including but not limited to public finances, employment conditions, the economy, and healthcare. The informateurs surmised that they were not able to present the broadest support in Parliament and that all six parties expressed an inclination to work with others based more on personal affiliation than on party selections over alternative policies and/ or the implementation of specific public policies.

The informateurs also stated that “they could not establish the common goals, objectives, approaches, and other aspects for coalition forming, nor identify notable arguments and/or positions brought forward to support the formation of

a coalition government by the four parties that signed a coalition agreement on January 13, 2024. Lack of a response to the questionnaire by one of the coalition partners prevented a broader review based on eight seats” (Beyond the Coalition Handshake, Arduin & Joseph, 2024).

I don’t have to think long and hard to figure out, or at least make an educated guess, which coalition partner didn’t submit their questionnaire. The informateurs concluded by indicating that it would be up to the formateur to ensure there is common ground between all parties to execute their vision for St. Maarten. The informateurs’ report was delivered by the requested date, and the Governor appointed Dr. Luc Mercelina as the formateur on February 5, 2024.

However, the process encountered significant delays. On February 28, 2024, the Governor granted Dr. Luc Mercelina his first extension until March 29, 2024, due to ongoing background screenings of candidate ministers. This deadline was extended for a second time on March 28, 2024, to April 26, 2024, as the screenings were still incomplete.

Complications further arose on May 2, 2024, when three coalition members did not attend the Parliament meeting to approve the credentials of two incoming MPs. Two of these MPs had provided notices of absence. Rumors suggested that MP Emmanuel’s absence was due to dissatisfaction over not being sworn in as a minister, given an ongoing investigation against him.

According to opposition members, they walked out of the meeting due to their questions not being answered or clarity not being given. Members of the opposition asked

the Chairlady of Parliament, “how it was possible that two outgoing Members of Parliament who had resigned, one effective immediately on May 1, 2024, and the other effective May 2, 2024, could currently be sitting in Parliament vetting credentials.” The second question was, “how does Parliament handle letters sent in during public holidays?” Due to the opposition walking out, there was no longer a quorum, and the meeting had to be adjourned.

The following day, May 3, 2024, seven out of the nine candidate ministers of the 2x4 Government were sworn in by the Governor.

On May 4, 2024, Mr. Raeyhon Peterson wrote to Governor Ajamu Baly, demanding clarification on his non-appointment as a minister, stemming from an incident in 2018. Despite this request, clarity on the matter remains to be seen. The Party for Progress (PFP) has prided itself on transparency and integrity. Even by its own admission in a Facebook post on April 22, 2024, it mentioned that it was not communicating about what was happening, apologized for its absence, and promised to provide more frequent updates.

I find their messaging at that point in time to be rather convenient, but who am I to judge? I also find it ironic that the party, based on transparency and integrity as its foundational pillars, would find itself in the

crosswinds of such a conundrum.

It is also ironic that the same party was not able to have one of its ministers pass screening, then blamed the Governor for not signing off on their candidate ministers’ decree due to the lack of a screening law. It sounds to me like they are trying to play with technicalities, the same technicalities they chastise other parties for playing. These are the same technicalities they used to join this 2x4 government when they knew well that MP Emmanuel wanted to become a minister. This paved the way for Mr. Buncamper to come into Parliament and once again be suspended due to his pending case, for which he has been convicted twice and is currently appealing at the high court for his final appeal.

They also speak about accountability, but I’ve yet to hear them speak up about the recent Lee’s Roadside Bar & Grill verdict, where St. Maarten was held liable for damages because former notary Speetjens favored himself by passing a deed to a company in which he had an interest. This same piece of domain land which was occupied by Lee’s Roadside Bar & Grill was granted to “Water’s Edge Development” by former Minister of VROMI Theodore Heyliger on May 18, 2012, three days before leaving government after the UPP/ DP government lost majority support in Parliament. Maybe mum’s the word on accountability because they are currently in a coalition with the former Minister of VROMI’s wife.

Who knows? But I hope we are all judged by the same yardstick and a rule for one is a rule for all.

It is crucial to note that this government has

been in place since February 10, 2024, not just for the 17 days often cited. Public disagreements within the 2x4 coalition were evident during the 2024 budget debate, underscoring internal strife. Given these complexities, it is apparent that the personalities within the 2x4 government were likely to clash. Maybe the informateurs were doing a bit of foreshadowing?

These few months provided ample time for the formateur to display his inexperience and shortcomings in the political arena. They also provided time for coalition members to show the people of St. Maarten that their personal ambitions come before the nation’s needs by literally holding a proverbial gun to the formateur’s head, insisting on becoming a minister by hook or by crook. The formateur’s lack of transparency to his coalition partners about the formation process stemmed from a fear that the coalition might break.

Finally, the formateur, now turned Prime Minister, called for elections before reaching out to MP Kevin Maingrette to solve the impasse, which they eventually did just four days later. The detriment to the people of St. Maarten is evident.

We now face another election within the same calendar year, and the coffers of St. Maarten suffer, as the Minister of Finance suggests we are living month to month.

St. Maarten deserves a government that prioritizes the people’s interests over personal ambitions and feelings. As citizens, we must critically analyze all events to hold our leaders accountable and demand a government that truly serves its people.

Sincerely, Charles Darnay

May Edition 2024

Voting for European

StMaartenNews.com

11

elections in St. Maarten

opens on June 3

PH ILIPSBURG -- Beginning on Monday June 3, eligible voters in St. Maarten will be able to cast their vote in the elections for the European parliament. The possibility to cast a vote ends on Thursday, June 6, at 3 p.m. local time. The voting bureau is established at the office of the Dutch Representative, on Front Street 26 in Philipsburg.

Voters must present a valid Dutch ID as well as a copy of it. ID’s that expired after April 23, 2024 are not acceptable.

The copy of the ID will be attached to the ballot.

The Unit Elections of the team for voters living abroad emphasized that a driver’s license is not a valid ID. Valid IDs are: a Dutch passport, a Dutch identity card, or an ID issued by Aruba, Curacao or St. Maarten that mentions the Dutch nationality. An ID issued by Bonaire, Saba or Statia that mentions the Dutch nationality is also valid.

Eligible voters have received a notice from the team for voters living abroad. The recipients of this notice can pick up their ballot at the office of the Dutch Representative; they can also

ing Belgium. Curacaoborn Kenville Kleinmoedig (29) is number 18 on the list of the Groenlinks-PvdA party.

The only Dutch Caribbean candidate is Gerard van Erp from Bonaire, the number 6 on the list of BVNL (Belang van Nederland).

Other outliers are Danielle van Hulst (D66 #23, France), Robin Martens (#6 BBB, Bucharest), immediately cast their Joost Schepel (#16 BBB, vote there. According to Malaga), Miranda Meithe Electoral Law it is jerman (#18, Volt, Bernot possible to receive lin) and Wil Steijling the ballot at someone’s (#15, NSC, Berlin).. home address or via email. It can only be The leaders of the parobtained at the office of ties that contest the electhe Dutch Representa- tions and their places of tive. residence are: Bas EickThe Voting Bureau is open from Monday June 3 until Wednesday June 5 from 8.30 a.m. until 16.30 p.m. On Thursday June 6 it is open from 8.30 a.m. until 15.00 p.m. After the voting closes the votes will be counted.

Voters who want more information about the European elections can visit the website stemmenvanuithetbuitenland.nl or call +31 70 353 44 00 between 9.30 a.m. and 17.00 p.m.

Dutch local time. It is also possible to request information per email by sending a message to kbn.verkiezingen@denhaag.nl.

Twenty Dutch parties with 457 candidates are going to contest these elections. 50Plus has the largest list with 50 candidates while Meer Directe Democratie, the only all-female list, fields five candidates.

Most of the candidates have their residence in the Netherlands and several live in neighbor-

hout (Pvda/GroenLinks, Utrecht), Malik Azmani (VVD, Den Haag), Tom Berendsen (CDA, Breda), Ralf Dekker (Forum voor Democratie, Amsterdam), GerbenJan Gerbrandij (D66, Den Haag), Anja Hazekamp (Partij voor de Dieren, Etterbeek, Belgium), Adriana Hernandez Martinez (50 Plus, Den Bosch), Sebastiaan Stöteler (PVV, Almelo), Michiel Hoogeveen (JA21, Oegstgeest), Kok Chan (NL Plan EU, Amsterdam), Anja Haga (Christian Union, Dokkum), Bert-Jan Ruissen (SGP, Krimpen aan den IJssel), Sander Smit (BBB, Goor), Dorien Rookmaker (Meer Directe Democratie, Hattem), Gerrie Elfrink (Socialist Party, Arnhem), Sent Wierda (vandeRegio, Apeldoorn), Reinier van Lanschot (Volt Nederland, Amsterdam), Wybren van Haga (Belang van Nederland, Haarlem), Dirk Gotink (New Social Contract, Brussels), and Mathijs Pontier (Pirantenpartij - De Groenen, Amsterdam).

URSM Addresses

Recent Political Developments regarding MP Maingrette PHILIPSBURG -The board of the Unified Resilient St. Maarten Movement (URSM) has issued a statement regarding the recent actions of Independent Member of Parliament Kevin Maingrette.

According to the reports, MP Maingrette retracted his support and submitted a letter to Governor Baly to endorse the current coalition again.

in the democratic process and calls upon the people of St. Maarten to renew and strengthen their mandate for URSM to lead. “We are committed to navigating our nation through these challenging times and ask for your continued trust and support,” the statement continued.

While the actions of MP Maingrette might dominate social media discussions for some time, URSM enThe URSM board and courages everyone to Party Leader/Prime stay focused on the Minister would like essential tasks ahead. to clarify that they “Our collective efhad no involvement forts are crucial as we or engagement in MP work to overcome the Maingrette’s latest challenges left by the decision. “We believe previous NA/UP GovMP Maingrette en- ernment and propel gaged in deep person- St. Maarten towards al reflection, recogniz- a resilient and prosing that every action perous future,” the prompts a reaction,” statement concluded. stated the board of URSM is steadfast URSM. in its commitment to The board also ac- strengthen unity and knowledges that, resilience across St. regardless of these Maarten, passionaterecent events, an ly pursuing our vision election is imminent. of a thriving future URSM is confident for every citizen.

May Edition 2024

StMaartenNews.com

Airport

Reconstruction to be completed by October, PJIAE tells Minister of TEATT

The reconstruction of the Terminal Building at Princess Juliana International Airport will be completed by this October, management of the airport assured Grisha Heyliger-Marten, Minister of Tourism, Economic Affairs, Traffic and Telecommunication when she toured the facilities on Friday.

In her discussions with the airport management (PJIAE) team, the minister emphasized the critical importance of completing the terminal building which has been ongoing for the last seven years.

“This project is vital not only for the residents of St. Maarten but also for visitors and neighboring islands that rely on SXM as a hub airport,” Heyliger-Marten said.

The minister expressed concern about the delays in reconstruction which has resulted in a significant $7 million cost increase due to an oversight. Of particular

concern to her was the issue of travelers opting for direct flights to Anguilla or choosing routes via Puerto Rico to St. Barths instead of using St. Maarten as a hub.

Min. Heyliger-Marten noted that American Airlines has increased its direct service to Anguilla and other neighboring islands, further diminishing the hub function of SXM Airport. The minister is awaiting detailed figures and responses to several inquiries she made during the previous week.

The current state of the arrival hall negatively impacts the island’s first impression on visitors, Heyliger-Marten continued. She said poor arrival experiences can contribute to a decline in repeat visitors and a potential loss of market share.

Furthermore, as St. Maarten prepares to host the upcoming Florida-Caribbean Cruise Association (FCCA) con-

ference in October, the Minister highlighted the necessity of ensuring Contact Cabinet of the Minister of Tourism, Economic Affairs, Transport and Te l e c o m m u n i c a t i o n (TEATT) Government Administration Building Philipsburg, St. Maarten Email: Kelvin.HodgeJames@sintmaartengov. org That cruise industry partners and visitors have a seamless and positive first and lasting impression of the island.

Over 500 delegates are expected to attend the conference.

Heyliger-Marten also expressed concerns regarding employee satisfaction at PJIAE and the turnover rate. The management of PJIAE informed her that they are actively recruiting St. Martiners from the Netherlands. Detailed hiring figures will be provided to the minister shortly.

Legislative Oversight

12

By Hilbert Haar

An unintentional failure to notice or do something. That is, according to the Oxford dictionary, the definition of the term oversight.

The current discrepancies between Article 59 of the Constitution and the election laws stem from a legislative oversight, the Central Voting Bureau (CVB) wrote in a letter to Prime Minister Dr. Luc Mercelina.

Attached to this letter was an advice written by constitutional expert Prof. Dr. Arjen van Rijn. I quote: “Tot dusver heeft reeds driemaal een Statenontbinding op grond van artikel 59 Staatregeling plaatsgevonden met een – deels inderdaad aanzienlijke – overschrijding van de driemaandentermijn.”

(So far dissolution of Parliament based on article 59 of the Constitution has taken place already three times with a partially significant - exceeding of the three-months term).

This is the problem in a nutshell. The Constitution states in article 59 that, after the government has dissolved the parliament, the new parliament must be seated within three months. The national ordinance registration and finances political parties and the electoral law however, contain articles that make it virtually impossible to adhere to them and stay within the timeframe of three months.

When Prime Minister Mercelina submitted the national decree to dissolve parliament (and thereby called for new elections) Governor Baly held the opinion that the constitution ranks higher than national ordinances and that therefore article 59 prevails. While this is in itself correct, it also makes it impossible to adhere to the rules laid down in those lower-ranking ordinances.

The Central Voting Bureau has labeled the cause of this situation as a legislative oversight. It is good to note here that St. Maarten’s constitutional democracy consists of three levels: legislative, executive and judicial. The parliament is the legislative branch of this system, the government is the executive branch.

St. Maarten became an autonomous country within the Kingdom of the Netherlands on October 10, 2010. Almost fourteen years down the road, one could say that the country is still a teenager. During the fourteen years of its existence as a country nobody has ever paid any attention to the conflict between article 59 and electoral legislation. According to the CVB this is due to a legislative oversight.

What they are saying, based on the Oxford definition of the term, is that the parliament (the legislator) has unintentionally failed to notice the problem or do something about it.

My question would be: how can you not notice a problem that has already surfaced three times in the past? And why have our politicians not done something about it? That is the big question because creating a solution (for instance by extending the three-month term in the constitution) is not going to do any political party any harm.

Greeks are only in a hurry when they are behind the wheel of a car and they only notice that something is wrong after that car hits a tree. Politicians in St. Maarten are a bit like that. They darn well know that there is a problem with article 59 (I mean, how could they not know?) but they have never bothered to do something about it. That’s what I call failure with a capital F and I wonder very much whether this time around somebody - anybody - will spring into action to make sure that the discrepancy between article 59 and the electoral laws will be repaired.

I am curious, but not optimistic.

May Edition 2024

MP Cloyd Marlin reflects on government instability; urges voters to choose wisely

PHILIPSBURG -- In an exclusive interview with StMaartenNews.com, Member of Parliament for the National Alliance, MP Cloyd Marlin, shared his candid thoughts on the recent collapse of the “2x4 government” and the political landscape of St. Maarten. With the island heading back to the polls just months after the January

election, MP Marlin urged voters to reflect on the importance of stable governance.

“Stability at what cost?”

MP Marlin questioned, referring to the rhetorical question posed by the present coalition parties in the campaigns leading up to the January election.

“Today, we see the true cost of their so-called stability, as merely four

Giving the Best

With

months after taking office, this government has already toppled over. This clearly demonstrates that a house divided cannot rule.”

MP Marlin praised the leadership of the former Prime Minister and leader of the National Alliance, highlighting the contrast between her ability to maintain a cohesive cabinet for four years and the current cabinet’s brief 18day tenure. “Her matu-

StMaartenNews.com

rity and leadership held her cabinet together for four years—a stark contrast to the mere 17 days managed by the current cabinet,” he stated.

As St. Maarten once again faces an election on August 19, MP Marlin called on voters to make their decisions with the future of the country in mind.

“Vote for stability. Vote for those who truly put country above self. Vote

13

for those who do not enter into fragile coalitions that are destined to fail,” he advised.

Reflecting on the use of Article 59, MP Marlin shared insights from the former Prime Minister and current Chair of Parliament. “Article 59 should only be invoked when there is no majority formed in Parliament and when there is an impasse,” he explained. According to MP Marlin, the 2x4 government has not lived up to its campaign promises, citing issues with GEBE, slowed hospital construction, halted justice workers’ LB, and concerns over government bankruptcy—issues that contradict the CFT reports.

“The outgoing government is being blamed for everything, while the 2x4 government sits idle,” MP Marlin remarked. “The choice is clear. For true stability and progress, vote for the National Alliance.

Vote for leaders who are committed to the wellbeing of Sint Maarten.”

As the interview concluded, MP Marlin’s message was one of resilience and hope for the people of St. Maarten.

With the upcoming election, the island has an opportunity to choose leaders who will prioritize its citizens and lead with integrity and dedication.

StMaartenNews.com will continue to follow the political developments and provide updates as the election approaches. Stay tuned for more insights and coverage on this critical juncture in St. Maarten’s history.

14

StMaartenNews.com

Opinion

What’s happening with Republic Bank Anguilla and their affiliates around the Caribbean?

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ANGUILLA -- A wave of frustration and anger have swept through Anguilla as about 200 residents joined forces in a peaceful protest outside the premises of Republic Bank (Anguilla) Limited, on Wednesday, May 8, 2024. The protest, organized by a group of Anguillians and residents, aimed to address the financial losses suffered by customers due to unauthorized withdrawals from their accounts.

to key stakeholders, including the Country Manager of Republic Bank, and the Governor of the Eastern Caribbean Central Bank.

According to bank officials, 461 customers have been affected by this system error.

On the day of the protest, a letter was handed to the senior management of the bank.

The letter outlined the collective dissatisfaction with the bank’s handling of the situation, citing breaches of fiduciary duty, trust, and contract. CustomLed by Mrs. Melisha ers highlighted disMaccow-Niles, Tara crepancies between the Carter, and Anoushka bank’s actions and the Romney, the protest- terms outlined in the ers gathered to express Account Services Agreetheir grievances and ment and the Eastdemand accountabil- ern Caribbean Central ity from the bank. The Bank’s Code of Best group, which represents Practice for Financial a fraction of affected Institutions. customers, delivered a Demanding the immeformal communication diate reinstatement of

their accounts and restitution for financial losses, the protesters underscored their determination to seek redress for the hardships endured.

The three ladies who are leading this fight for the people have been on a media blitz and promised to get justice for all the customers affected.

Klass FM Anguilla has been reporting on this extensively. On Friday morning, the ladies were guests of The Mervin Hanley Show with host Mervin Hanley at THG NETWORK and on Monday, they will be guests on a Winn FM radio program on St. Kitts. We expect to hear from them soon on St. Maarten.

This group is making every effort to hold the Republic Bank accountable. We will continue to follow this developing story closely.

May Edition 2024

sports

StMaartenNews.com

15

The Pirate

Society My publisher Terrance Rey posed the question whether we can be both a socialist and a capitalist country. Interesting question.

American politicians tend to use socialism as a derogatory term, accusing their government of handing out taxpayers money like there is no tomorrow. But who is paying those damn politicians? Exactly, the tax payers. So it is fair to say that they live in a closed - quite comfortable - socialist society of their own. And they are happy with it; otherwise they would go and do something useful. Yet, the rest of the world considers the United States as the epitome of capitalism. The American Dream. Right? A big house, an even bigger and gas slurping car, a swimming pool and credit card debts up the gazoo. Consequences be damned.

Venezuela has been a socialist dictatorship since 2007 and look where

By Hilbert Haar

those guys are now. I guess they wish they had the credit card debts of an average American.

Is the Netherlands socialist or capitalist? Traditionally it is a country of traders. The British already knew more than a hundred years ago: the fault of the Dutch is giving too little and asking too much. There: capitalist! But the country has also a reasonable social welfare system, unemployment benefits and health care insurance for everyone.

Now wait a minute; I am not glorifying the Netherlands, just pointing out a few facts. I was born in that country a long time ago but I first and foremost consider myself an earthling.

Thanks for your understanding.

Where does St. Maarten stand on the spectrum that begins with socialist (on the left) and ends with capitalism (on the right)? My answer is: nowhere and I will make an attempt explain why I see it that way.

In my opinion St.

Image caption: Pirate cartoon taken from the book Cusha Cartoons. Preorder your copy by buying a Cusha Columns subscription here online at https://stmaartennews.com/subscriptions.

Maarten is not a capitalist society and not a socialist society either.

It is in a class of its own as a pirate society. I mean, we have potholes and corruption and that is all the evidence you need.

Potholes show that our politicians do not allocate enough money to maintenance of the road infrastructure, even though well maintained roads would benefit all citizens. But no, our politicians have other fish to fry, predominantly the ones on their own barbecue.

There is a definite link between those damn potholes and corruption.

You know why? Because corruption makes everything more expensive. Look into the Theo Heyliger case and you’ll know what I am talking about.

I once talked with a local road builder who assured me that of course his company is capable of building roads that

last for a very long time.

But when it comes to signing contracts with the responsible politicians, road builders run into a brick wall: the specifications. In other words: the way they are going to build a road.

And if the allocated budget for any given project only allows for laying a very thin layer of asphalt, trouble and potholes are never far away.

Or, as the road builder told me: “You get what you pay for.”

Another aspect that makes me think of St. Maarten as a pirate society is a remark I once heard from a member of a Belgian team that had traveled to the Caribbean to enable citizens to obtain a new passport.

We traveled to Guadeloupe to get a new passport for my wife Myriam. We started chatting and it did not take long for the Belgian gentleman to ask us where we lived. When we said (truthfully) St. Maarten

he smiled. You know what he said? “Ha! That’s where the sharks don’t live in the water but on the land.”

I am not making this up.

It is a true story. And it really breaks my heart to know that people elsewhere in the world take a rather dim view to the way St. Maarten handles its affairs.

My question is: do we really want to be that pirate society or are we ready to battle that negative image and do something about it? I consider this not just as a challenge for our new government and our new parliament. It is a call to all of us to be courageous and honest by taking a good hard look at our own behavior. Small changes can have a huge impact in the long run. So please: save our beautiful island from all those conartists and make it a better place to live in for all.

16

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