StMaartenNews edition Vol 1 Nr 11

NAF/US FREE Vol 01 No. 011

It is the 331th day of 2020. There are 35 left in the year.

TIPS FOR CLOSING DOWN A BUSINESS - PAGE 7

Drs. Candia Joseph officially introduced as the first Director of SOAB St. Maarten

PHILIPSBURG - For the first time in its 25-year existence, the St. Maarten office of the Government Accountants Office Foundation (SOAB) has a Country Director: Drs. Candia Joseph. Since the beginning of this year, Candia Joseph, who has been leading the office in St. Maarten, was formally introduced this week as a member of the new team of directors that will lead the internal auditor for both Curacao and St. Maarten forward.

The introduction follows the announcement of a new managing director of Stichting In addition to general director Raymond Faneyte and director St. Maarten Candia Joseph, the SOAB board consists of director assurance Drs. Renata Sandriman RA and director advisory Drs. Hardy Huisden, both working on Curacao. The team of seasoned and wellrounded professionals is

focused on contributing to the welfare of the communities SOAB serves.

SOAB provides an extensive array of assurance, advisory and audit-related services for government and all government related institutes. Drs. Candia Joseph is a Registered Operational Auditor (RO).

As such, she researches business operations from a multidisciplinary perspective and explains the story behind the numbers. The expertise of RO’s is in high demand as organizations increasingly recognize the need for research into non-financial risks and culture and behavior. Drs. Joseph, who started working at the SOAB as an auditor in September 2006 and developed into a senior audit manager, has held the new position of Director St. Maarten for almost a year now.

Continued on page 13

Thursday November 26 2020

SHTA SOUNDS THE ALARM AND SUPPORTS... - PAGE 11

State of emergency legislation makes sense ~ lack of money does not

PHILIPSBURG – When conspiracy theorists and self-proclaimed scientists come out of the woodwork with an opinion about this, that, or the other, it is time to pay attention. This is, for instance, the case with Edsard Ravelli, who tackled the proposal for a national ordinance emergency situation in Curacao in a rather unscientific manner in a Youtube video.

Ravelli described himself in a video-interview with conspiracy theorist Willem Engel (Viruswaanzin/ Viruswaarheid – or Virus Lunacy / Virus Truth) as a researcher/scientist who studied (“believe it or not”) automotive engineering.

Like Engel, Ravelli does not trust the government, especially not the one in Curacao, where he lives.

So he went to war on social media against the draft national ordinance emergency situation (Landsverordening uitzonderingstoestand).

After listening to his exposé, NOS-correspondent Dick Drayer said that he “never heard so much bullshit in fifteen minutes.”

Mr. Jan de Boer, a substitute member of the Common Court of Justice and a member of St. Maarten’s Constitutional Court, dissected Ravelli’s criticism in a thoughtful exposé that was published

on www.henriquezlaw. com; readers will find it under the Publicationsbutton with the (Dutch) title “Presentatie over het ontwerp landsverordening uitzonderingstoestand.”

Ravelli charges in his videopresentation that Curacao is overeager to regulate anything and everything without a good reason, but De Boer shows that this is incorrect: Curacao’s constitution states in article 96 about the state of emergency that this is determined by national ordinance. The country has to create such an ordinance.

Continued on page 8

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PUBLISHER’S NOTE

Thursday November 26 2020

EDITORIAL

Dear reader,

All for the lack of money

I am amazed how often I hear or read a statement saying the media should write about this, publish a story about or that the media should do more investigations.

Surprisingly, when the media do write about certain issues, it is then written off as melee, gossip and yellow journalism.

A big complaint on the island is that the media does not do enough investigative journalism. But guess what, a big part of investigative journalism is that people need to go on record and make statements about whatever the issue is that is affecting them. However, the problem is many people do not want to go on the record. For fear of victimization, penalization or condemnation. So, when we do publish stories without the backup from the sources or (eye)witnesses, the published news is considered baseless or unfounded.

However, even when the facts are presented and clearly outlined what the cause and consequences are of an issue, like for instance the nonapplication of an existing law, we are equally shocked and discouraged to see that authorities take no action afterwards when confronted with this evidence. Begs to question who is being yellow here? We the journalists engaging in yellow journalism or the authorities who are nothing but a set of yellow bellies?

A presentation by constitution expert Prof. Jan De Boer started off by explaining that the emergency legislation is not a government initiative but an obligation under the Constitution that should have been regulated since 10-10-10. And there are more obligations under the Constitution that must be put into effect via national ordinances. Or that already exist but have not been put into operation via enforcement laws. But an additional consequence that functions as the primary explanation of why these laws are not timely or correctly applied is the lack of budget. So we can write about all these topics, but if there is no money to apply these laws - and the resulting obligations - then we are just as far from the ideal situation as we are today. And this is the essence of the problem we have in this country. This lack of money has been exacerbated by the corona pandemic. It is clear that things cannot continue like this. We have a beautifully worded constitution with all kinds of guarantees for democracy with the guarantee-function of the Kingdom as the supreme guarantee within the Dutch Kingdom constellation.

However, the pertinent question is, what do these safeguards mean if human rights violations are still taking place? All under the guise of lack of money. Where’s the priority statement in the Constitution to make sure this doesn’t happen? Where is the guarantee of ensuring that the government and all of its entities ensure that people’s rights and bodily integrity are safeguarded and protected at all times?

We need to make it absolutely and abundantly clear to ordinary citizens what their fundamental rights are and how these should be guaranteed: through good governance, sufficient tax revenues and optimal use and spending thereof via an always balanced budget and the application of the rule of law always as the guiding principles. If the little bit of money that is left finishes, what will happen then?

Another state of emergency resulting in a police state? Under the guise of law and order to take control of the situation when things get out of hand? Just think of looting and rioting. And why? All for the lack of money.

Terrance Rey Publisher StMaartenNews.com

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 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 Publisher/Managing Director Terrance Rey Emeritus Freelance Writer Hilbert Haar Graphics Designer/Layout Fredrena Pemberton Video Editor/Engineer Reginald Richardson Freelance Reporter Jacqueline Hooftman Andrew Bishop Contributors Julie Alcin Milton Pieters Correspondent Tim van Dijk, cameraman Distribution Anselmo Carty Copyright (c) 2020 All copyrights on articles, photos and/or content of StMaartenNews.com are reserved.

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Understanding your “Decolonization” Dilemma

Julio R. Romney B.A, M.P.A., A.B.D Sint Maarten Institute for Public Policy Studies With the Parliament of Sint Maarten deliberating the apparent need to “end the violations of St. Maarten’s UNmandated right to a full measure of self-government completing the decolonization of St. Maarten and other islands of the former Netherlands Antilles”, it is submitted that based upon United Nations General Association Resolution 945 (X), in 1955, the Netherlands Antilles/ Sint Maarten

is not ‘non-selfgoverning’ (under Chapter XI of the UN Charter) and is therefore considered decolonized. However, as will be discussed later, this does not mean or imply that the Kingdom of the Netherlands, de facto the Netherlands, hasn’t been suppressing Sint Maarten and the other Islands of the former Netherlands Antilles.

As affirmed in UN declarations and related body of literature the term “decolonization is

proper defined as “the process of rendering political independence to a territory that is a colony by its colonizer”. Simply, the transitioning from a colony to a noncolony status involves the dismantling of governing structures that preserve the colonial status quo for an indigenous structure.

To this end, the UN General Assembly has concluded that the process of decolonization can be realized through

independence, by association or integration within an existing State. (UN Resolution 742(VII)) In this context, “noting that the Netherlands and the Netherlands Antilles” (Colonies of the Netherlands), by virtue of their rights of self-determination as expressed in Article 1 of the covenant adopted by the General Assembly of the United Nations, freely in association expressed their will to establish a new constitutional order in the Kingdom of the Netherlands in which they will conduct their internal interest autonomously and their common interest on a basis of equality and will accord each other assistance and resolved in consultation to adopt the Charter of the Kingdom of the Netherlands”. As such, it can only be concluded that the Netherlands Antilles/ Sint Maarten has in effect completed the process of decolonization and self-determination.

Moreover, the decolonization process and selfdetermination were further solidified, with the referendum of 2000, in which the people of Sint Maarten again freely expressed their right of self-determination by overwhelmingly

voting (70%) to “become a country within the Kingdom of the Netherlands (in essence, a constituent state of the Kingdom of the Netherlands) over the other options of “remaining part of the Netherlands Antilles”, “become a part of the Netherlands”, or “independence” as sought after by their elected representatives. This is in accordance with the UN Declaration (A/ RES/567) relating to a territory expressing a full measure of selfgovernance through associating with and existing State (in Sint Maarten case becoming a county/ constituent state of the Kingdom of the Netherlands) and the principles of selfdetermination that this decision should be made by the people themselves or their legitimate representative.

With regard to the talking point that “there is no UN Resolution indicating that the Netherlands Antilles/ Sint Maarten has attained a full measure of selfgovernment, therefore the decolonization process has not been completed”. Reference is to be made to the 557th UN General Assembly plenary meeting, December 15, 1955, in which the Netherlands was invited to present

its case as to the development of selfgovernment in the Netherlands Antilles and Suriname.

Without prejudice the information/ evidence was accepted by the General Assembly and the Netherlands Antilles and Suriname were rendered excluded from NonSelf-Governing territories – ending of the transmission of information under Article 73 e of the (UN) Charter in respect of the Netherlands Antilles and Suriname as appropriate”/ territories of selfgover nment.

(Resolution 945 (X)).

In effect not a non-selfgoverning territory.

As it pertains to 73a, b, c, and d of Chapter XI, the Declaration regarding Non-SelfGoverning Territories being excluded in the cessation Resolution 945 (X), these are likely measures that based on the UN Charter shall be ensured when in “association” with an independent State. Unlike when “independence” is gained outright, the territory possesses full obligation to promote its own well-being.

Regarding the notion that “with the removal of Articles 44, 50, and 51 from the charter for the Kingdom of the Netherlands, Continued on page 5

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Central Bank announces introduction of Caribbean guilder in 2021

PHILIPSBURG – If it is up to the Central Bank of Curacao and St. Maarten then the Antillean guilders will disappear in 2021 and be replaced by the Caribbean Guilder. The bank wants to introduce the new currency in the first half of next year, according to a publication about the bank’s 2020 budget.

The Caribbean Guilder was already a topic of discussion around the time

when Curacao and St. Maarten became autonomous countries in the Kingdom of the Netherlands on 10-10-10. “The legislation is already in place,” the Central Bank’s document states, adding that the introduction of the Caribbean guilder was delayed because no decisions were taken about it.

The bank also wants to research the introduction of a digital currency

and advise the governments of both countries about the introduction of the Caribbean Guilder. At the time the budget was put together (the board of supervisory directors approved it on January 23, 2020 but it was only sent to the parliaments of Curacao and St. Maarten on October 1) the bank still had to select a supplier for printing the new currency and determine the

design, the amounts, the authentication characteristics and the specifications.

A communication plan around the introduction of the new currency is also part of the plan.

The bank furthermore intends to develop a vision and a plan of approach for the introduction of a Central Bank digital currency.

It also wants to promote digital payments and discourage the use of

checks.

All these initiatives are part of the bank’s strategic plan for the period 2018-2020; part of the plan will continue in 2021.

The document does not indicate what the potential impact of the COVID-19 pandemic is on the execution of the plan.

For businesses it is interesting to know that The Bank is also looking into the implementation of alternative

retail payment and clearing systems that should lead to lower transaction costs.

The Bank’s assets are divided between Curacao and St. Maarten. The current division key gives Curacao 79.04 percent and St. Maarten the remaining 20.96 percent. Per January 1, 2021, The Bank will establish a new division key.

The Bank uses two pre-determined Continued on page 12

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Continued from page 3 - Understanding your “Decolonization” Dilemma “vola” the decolonization process will be completed”, this too is incorrect. To the contrary this would impede the Kingdom of the Netherlands from adhering to the International Trusteeship System of the United Nations (Chapter XII) – the administration and supervision of such territories as may be placed thereunder by subsequent individual

agreements.

Equally, we must be mindful that the “association” in which we are in is that of a Monarchy, where the center of authority or supreme power and authority is vested in a heredity head/ the King, de facto the constituent state of the Netherlands and it would be inconceivable that an “associated state” can change this. This is

alluded to in a court proceeding of the International Court of Justice that “in association with an existing state does not end the applicability of the right of selfdetermination to that people nor does it terminate the corresponding legal obligation of the State in which the territory . . . has become associated to respect and promote the right

of self-determination of that people in the new, post-colonial situation. In other words, by becoming a “country within the Kingdom of the Netherlands did not disavow the Netherlands and or the Kingdom of the Netherlands of their right to selfdetermination.

In conclusion, in no way are we advocating that the Netherlands is

totally within its right and is not suppressing the constituent state of Sint Maarten.

However, the avenue for change is certainly not with the United Nations, but within the confinement of the Kingdom of the Netherlands and proper deliberations with the (constituent state of the) Netherlands.

Sint Maarten Institute of Public Policy Studies

would welcome the opportunity to lend its Development Administration ( d e f i n i n g , consolidating and implementing national goals in developing countries/ territories) expertise in addressing this “decolonization” anomaly/ dilemma.

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Thursday November 26 2020

Effects of the lack of rule of law The effect of lack of the rule of law is a problem that does not discriminate, whether you are a corporation or a start-up, rich or poor, educated or illiterate, employed or unemployed, born in St Maarten or from another country.

Being democratic is not enough for St. Maarten to function as a country. Good, healthy democratic societies are built on three pillars: peace and stability, economic development, and respect for the rule of law and human rights.

One of the challenges of a democratic government is making sure that even in the midst of a pandemic, natural disasters, emergencies and passions, rule of law and the basic precepts of justice and liberty prevail. While the pandemic is first and foremost a public health crisis, we must not lose sight of related challenges that are consequential for containing this threat and for promoting a rapid and sustainable recovery of the economy.

Gaps in the rule of

law risk worsening the COVID-19 crisis and undermining our ability to respond effectively.

For instance, an increase in arrests runs counter to the need to decongest the prison, which has suffered disproportionally high infection rates, both among inmates and staff, spreading to the surrounding community.

Also, the distribution of emergency aid, medical supplies, and economic stimuli provide ample opportunity for corruption and fraud.

Without effective institutions that ensure transparency, accountability and oversight, much of it will not reach intended beneficiaries.

This deepens the social, medical and economic crisis and compromises and delays recovery.

particularly alcohol, is rising. Emerging evidence suggests that COVID-19 could even have direct neurological consequences.

And as with many other features of this pandemic, not all people have been affected equally.

People with salaried jobs are far less likely to be affected than those with informal, daily wage jobs, which include a substantial proportion of the workforce in this country.

Un f o r t u n a t e l y, evidence continues to mount that just when our society needs a strict rule of law to respond effectively to the pandemic, these critical norms of good governance, and the capacity to deliver them, are deteriorating.

SZV confirms that the demand for mental Non-pharmaceutical health care has interventions (NPIs), increased since the although essential to lockdown in March, halt transmission of yet many patients the virus, have led do not receive to physical isolation, the guidance and closure of schools and treatment they need, widespread job losses. resulting in an increase Misuse of substances, of crisis situations and

unconsented physical intrusion as a human rights violation.

While the principle has traditionally been raised in connection with practices such as torture and sexual abuse, bodily integrity has the potential to apply to a wide range human rights The principle of of bodily integrity violations. sums up the right of each human being, Here is a warning: a published including children, recently to autonomy and study in the medical self-determination journal The Lancet over their own revealed that survivors body. It considers an of COVID-19 appear recently several deaths.

In some of these cases, unlawful use of force was applied by health workers and the police, violating human rights with unconsented medical treatment and forced injections.

to be at increased risk of psychiatric disorders.

These findings have implications for clinical services and the way the existing health and justice laws are upheld, as literally everyone is at risk of contracting coronavirus disease and subsequently may be in need of mental health care. If you are not yet a firm believer in the rule of law as the foundation for all of our basic rights, now is the time to become one.

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Tips for closing down a business ~ Close down your business before you are forced to do so. A piece of counter-intuitive advice for dealing with the economic crisis as a result of the coronavirus pandemic ~ PHILIPSBURG -“So far, have you had any clients you had to help close down their business?”

StMaartenNews. com asked Natasha Manuela, owner and managing director of Prudential Small Business Services N.V., in an interview about the impact of the COVID-19 pandemic on businesses on St. Maarten. “No, not as yet,” Manuela said.

“And I hope to keep it that way.”

StMaartenNews.com asks accountants and tax consultants such as Natasha Manuela for their top three advice for businesses to survive the economic crisis due to the impact of the coronavirus pandemic.

Business owners urgently need help.

Rent, salaries, utilities, and taxes need to be paid. What is a business owner to do if he has no business coming in? Cash-flow in many companies in the tourism sector has virtually dried up. Payroll support or business income

support are only short term measures. All indications are that we are in this pandemic situation for the long haul.

One counter-intuitive advice from business consultants and bankruptcy experts is the need to make a timely decision to close down a business and do this the right way properly before a business owner is forced to do so through bankruptcy.

Business owners can remain in control and save significant amounts of money by being proactive and taking action early on before things get out of hand.

Local accountant and tax advisor, Natasha Manuela, whose company is doing business as Prudential Tax Services, says she has experience how to help business owners close down based on procedural templates her firm has developed over the years.

“Only thing I don’t encourage them to do is to close the NV at the notary as that is even more expensive

than the incorporating process itself. Manuela advised.

If business owners follow the procedures correctly, they can end up with a clean NV for future or alternative use. Most business owners see getting rid of expenditures, cutting costs, getting rid of employees (workforce reduction) and overhead costs as the same as closing down. However, a clean NV wherein all business operations have been properly divested can be worth money in the future, whether it is sold or used for a new business purpose.

According to Manuela, business owners suffering from the negative consequences of the COVID-19 pandemic can get rid of costs, but they have to do a cost reduction analysis first, a service offered by her firm and associated consultants.

Prudential Tax Services also specializes in risk analysis and risk management.

Manuela even pointed out that business

Contact: +1-721-588-0800

owners that close down their company operations and decide to keep the NV active can request deactivation of the business license and the registration at the Chamber to avoid incurring the annual fees.

The last advice from Manuela that proved to be of significant value for business owners that want to repurpose their NV is to change the DBA name. That is the name under which

the NV is legally doing business as. For example, as previously mentioned above, Prudential Small Business Services NV is doing business as “Prudential Tax Services”.

As a bonus tip, Manuela said in repurposing an NV, a business owner can also choose to register a branch of the company under a separate name. This is incredibly valuable advice if a business

owner wants to migrate his business partially or wholly online to continue doing business during the pandemic and the period after moving forward. In the new normal many business owners will have to repurpose their businesses to operate online. Or the more realistic option may very well be to permanently or temporarily close down the business until better times.

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Continued from page 1 - State of emergency legislation makes sense ~ lack of money does not What is the problem?

St. Maarten has had a similar ordinance in place since 10-10-10.

De Boer writes that Ravelli makes a caricature of the draft ordinance while, in reality, it creates, in his opinion, “a solid legal basis for taking necessary measures and for enforcing them.”

Ravelli does not pay any attention to the guarantees that are part of the draft. It is, for instance, not realistic to fear for the emergency of a

dictatorship under the state of emergency. “As long as Curacao is part of the kingdom, that is impossible,” De Boer wrote.

Ravelli’s social media video has created some unrest in Willemstad and even inspired a handful of people to stage a protest. A photo in Antilliaans Dagblad shows a woman holding a sign that reads “No Gestapo Island.” That sign proves how badly understood the draft law is.

When the dust has

settled, Curacao will, without any doubt, enter the draft into law.

But the lack of this legislation shows that for the past ten years, the island had to use other means with a feeble legal foundation to deal with emergency situations.

That brings us to the question of why small countries like Curacao and St. Maarten at times lack legislation and at other times have laws on the books that are not applied.

St. Maarten’s

constitution is clear about what the government and parliament have to do. Relevant articles declare that there is a Council of Advice, a General Audit Chamber, an Ombudsman, a Central Bank, a prosecutor’s office, a police force and a Constitutional Court.

The there is statement leaves the government no choice: these institutions have to be established. And indeed, that has all been done.

But when it comes to sticking to agreements with the Netherlands for instance, about the plans of approach for the police force and the prison - successive governments have failed, citing a lack of money. But the legitimate question one could ask is whether this lack of commitment is really due to a lack of money or that it is a matter of political unwillingness.

A former Minister of Justice once said about the lack of progress

with improvements at the prison that, if the problem would become large enough, it would automatically become a kingdom problem. This suggests that choosing the right priorities is the real issue and that local decision-makers, without saying it out loud, expect the kingdom to solve all of their problems.

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Jorien Wuite: with a bold move on her way to the Dutch Parliament PHILIPSBURG – Earlier this year, former Minister Plenipotentiary Jorien Wuite became a member of the Dutch political party D66. Now she is the number 19 (out of 65) on the party’s so-called advicelist of candidates for the parliamentary elections that are scheduled to take place on March 17 of next year. The D66membership is able to vote on the candidates from November 19 until December 1.

Shortly afterwards, the party will announce the definitive list of candidates.

StMaartenNews.com had the opportunity to have a candid interview with Jorien Wuite about her D66candidacy.

Wuite’s candidacy fits within the trend towards more diversity in Dutch politics. The youth organizations of five political parties have urged their leadership to place more candidates with different backgrounds on their lists of candidates.

And though Wuite (1964) was born in The Hague, she is considered first and foremost as a representative of the Caribbean.

Her curriculum shows that her career on the island began 23 years ago when she became director of the Sector Health Care Affairs of the island territory of St. Maarten.

After subsequent positions in the fields of healthcare and education, she briefly became the interim

Minister of Education, Culture, Youth and Sport in 2018, followed by her appointment as Minister Plenipotentiary in June 2018. Currently, she is a temporary strategic advisor for World Bank projects at the Ministry of Education.

A quote from the American poet Muriel Strode (1875-1964) fits Wuite’s approach to life like a glove: “I will not follow where the path may lead, but I will go where there is no path, and I will leave a trail.” (Strode also famously wrote with a hint of sarcasm: “The best defense against the atom bomb is not to be there when it goes off ”).

Continued on page 14

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Urgently wanted: Complaints Committee Police Action

PHILIPSBURG - St. Maarten does not have a ‘Klachtencommissie Politieel Optreden’, although since 2013 there has been a law prescribing this.

Complaints about the police are now being sent to the police chief, who will pass them on to the Department of Internal Affairs.

“During the complaints procedure, things are not going as intended,” concluded the Law Enforcement Council in 2018. Little has changed since then.

It has been more than five weeks since police officers restrained a mental health patient in the street and one of them broke the woman’s arm. The victim is self-employed and is without income as a result of the police action.

Moreover, she fears that she lost

customers because of the incident because she, a pastry chef, was unable to deliver the orders already received from clients.

On the basis of the Ambtsinstructie Politie, the police are obliged to immediately report the use of physical violence to the chief of police.

The question is: who authorized the police to restrain the patient to be forcibly injected with sedatives? Did the police have judicial authorization as required by law? Did the police know that no doctor was present and that is illegal for nurses to give forced injections?

At the time, the patient was sitting in her car at a gas station. She was upset and did not want to be injected.

The patient had a legal right to refuse;

compulsory treatment is not allowed without a court order. The presence of the police and the struggle that ensued is highly questionable.

Nevertheless, it is not easy to hold the police accountable.

A complaint is only a formal complaint if it is directed against a specific person. It is essential for the victim to know the name of the police officer who broke her arm. Only when the complaint has been dealt with, a claim can be submitted.

It is written on the website of the St. Maarten Police Force that “The Chief of Police will take care of your complaint.

He decides on how your complaint will be handled and by whom.” In practice, complaints go to

the Internal Affairs Office, which falls directly under the Chief of Police. The Chief of Police has appointed the head of Internal Affairs to record reports of the use of force by a police officer.

In 2016, Internal Affairs received 26 complaints about the functioning of the police. In 2017 there were 14, and 11 complaints were received in 2018.

Complaints from citizens reach the KPSM in person, in writing, or by referral from the Ombudsman or the Public Prosecution Service.

The Law Enforcement Council concluded in its 2018 report that the Internal Affairs department is “extremely fragile”, because it only has two employees who are both approaching their retirement. The Council notes that no unambiguous insight can be given on the results of the IAdepartment. Work and process descriptions are not available for hardly any of the tasks. The role and expectations of the staff members of the IA department in the complaints procedure are summarily

described.”

The Council has found a number of differences between the procedure laid down in writing and its implementation in practice. “The procedure is based on a certain entry of complaints, written notification and central registration, but in practice, this is not executed as intended or described.”

The complaint procedure is nowhere near what should be in place. According to the “Landsverordening Klachtencommissie Politieel Optreden” from 2013, St. Maarten should have an independent C o m p l a i n t s Committee to investigate the conduct of police officers.

This committee must consist of three members and six deputy members, who are appointed by National Decree for a period of three years on the recommendation of the Minister of Justice. The Minister, the Attorney General and the President of the Bar Association jointly recommend committee members.

The complaints committee follows its own procedure. Part of this is a hearing for

which witnesses are called. In addition, the committee members are at all times authorized to demand inspection of books and documents. The committee also has access to all places where entry is required for the investigation, with the exception of homes. As soon as the Complaints Committee has completed its investigation, it draws up a report and sends it as soon as possible to the complainant, the minister and the relevant police officer.

The big difference with the Internal Affairs department at the police is that the members of the Complaints Committee come from all layers of society. In the current situation, the police investigate their own, a situation that is not desirable from the point of view of the legal protection of citizens.

The police systematically push the limits of its powers and regularly exceeds them. And if such an exceedance is established, hardly any consequences will follow. For the police, this means a great deal of freedom to further explore the boundaries of the law.

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SHTA sounds the alarm and supports Caribbean Reform Entity PHILIPSBURG – That St. Maarten is in dire financial straits does not need further explanation.

The COVID-19 pandemic has killed the local economy and at the moment of this writing, there is no end in sight to the economic misery. If nothing changes, the country will soon run out of money and then the National Allianceled government will no longer be able to pay its civil servants. Is there a way out of this doomsday scenario?

According to the St. Maarten Hospitality and Trade Association (SHTA), there is.

An open letter from the SHTA to Prime Minister Silveria Jacobs provides a clear insight into our countries immediate and future financial needs. Arriving at a conclusion from those numbers does not even require a high school diploma: St. Maarten cannot overcome this crisis without outside help.

According to the SHTA, St. Maarten needs at least 263.2 million guilders ($147 million) to cover the 2020 budget the parliament approved back in May. “That is if, and only if, the revenues of government do not deteriorate further

than was anticipated prior to April 2020,” the letter states.

And if nothing changes, the association warns, St. Maarten will need at least a similar amount of money for 2021, “again assuming that government revenue stays around 347 million guilders ($193.8 million).”

That is not even the end of it; the letter describes the total of the sums for this year and for 2021 (525 million or $293.2 million) as “an absolute minimum.” It leaves no room for sorely needed investments in education, the prison, the social security system and the economy.

The SHTA notes that the local economy only manages to stay afloat artificially with the help from banks, insurance companies and private pension funds.

“Payroll support ended with support for June.”

The letter provides more data that paint a pitch-black picture of the state of the economy: cruise arrivals stay at zero, and hotel occupancy is below 20 percent in the second quarter.

“Approximately 3,000 families, close to 25 percent of the official population, depend on food support

provided by local non - gove r n me nt a l organizations (NGOs) and funded by the Netherlands.

The SHTA points out that the collapsed tourism industry contributes 85 percent to the country’s gross domestic product GDP) – art least that was the situation before the pandemic.

The SHTA acknowledges the need for economic diversification, but it notes at the same time that the tourism segment is here to stay.

“It offers an option for at least some commercial activity, and with that an upturn in government revenue.”

Economic recovery is currently anything but certain, but even when – or if – there are improvements, things will not be the same anymore. “Cruise lines are extending their return dates far into the second quarter of 2021, and major fleet reductions may negatively impact cruise traffic for years to come. Cruise lines may also consider adapting their schedules to domesticonly to overcome travel restrictions.”

Airlift is also a big issue – with or without a reconstructed airport.

“IATA indicates that full air traffic recovery

may not be possible for years to come, with 2024 now being anticipated.” This casts serious doubts over a possible recovery of the stay-over segment.

“In truth, St. Maarten has had difficulty ever reaching pre-Luis numbers.”

While SHTA’s letter delivers an apt description of the enormous challenges St. Maarten is facing, it also offers suggestions for what politicians like to call “the way forward.”

“It is high time to re-think the current strategy and execute a repositioning within the new tourism market and target the higher income

tourist that represents perhaps less volume but a higher yield per guest. A strategy that’s also more naturally in line with the limitations of finite space on a small island and – considering we are bound to have a lot less guests in the very near future – what better time to reposition and upgrade now.”

Alas, this approach requires “substantial investments and reforms” – exactly what State Secretary Knops wants to achieve with the Caribbean Reform Entity. The SHTA notes that investments are needed in the economy but also in education, social security,

healthcare, the constitutional status, and the government apparatus.

“A constitutional state that performs optimally contributes to social trust, which leads to lower transaction costs, more investments, more innovation, reduction of inefficient withdrawal of resources from the economy. By approaching the situation at hand, from a broad perspective, the aim is to increase the resiliency of both society as well as the economy simultaneously.”

Continued on page 15

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Continued from page 4 - Central Bank announces introduction of Caribbean guilder in 2021

components to calculate this key once every five years; 50 percent is based on the sum of each country’s gross domestic product (GDP), while the other half is based on the sum of the number of inhabitants.

The strategic plan focuses on three main objectives: the monetary stability of Curacao and St. Maarten, the stability and competitiveness of the financial sector and the transformation of

its organization into a customer-friendly and innovative bank.

Maintaining the peg of the Antillean Guilder to the American Dollar is the prime objective for maintaining monetary stability. The Bank has to make sure that the official reserves of foreign exchange are sufficient to cover the costs of three months worth of imports.

Commercial banks have to park a percentage of their

domestic obligations on a blocked account with the Central Bank. The mandatory reserve skims the excess of freely available resources; this influences the ability of banks to extend credit. The Central Bank aims to keep the growth of credit under control.

To ensure the stability and competitiveness of the financial sector the Central Bank is using its guarantee function towards clients and

institutions. The focus is here on an optimal execution of riskdriven supervision.

The Bank will increase its on-site visits to financial institutions and take stock of the need for additional enforcement measures.

The objective is to inspire financial institutions to abide by established regulations, norms and standards.

What else can we learn from the Central Bank’s strategic plan?

A few things; firstly, The Bank intends to deliver draft national ordinances to the governments of Curacao and St. Maarten that cover the following topics: payment service providers, financial market infrastructure, oversight and crypto currency. Secondly The Bank wants to develop and “rigorously implement” a cyber security policy and perform annual

security assessments of key IT-systems.

And there is more: the Central Bank wants to work on its reputation. “In the last year, public debate about the integrity of directors has affected the reputation of the Central Bank,” the document states. “The current organization culture is relatively traditional, top down, segregated and hierarchic.”

People have called the organization “competent but rigid.”

The objective is to turn the organization from “closed and dark” to “open and light.”

And then the numbers from the 2020 budget; The Bank projects a loss of a bit over 2 million guilders – but that projections date from before the outbreak of the COVID-19 pandemic.

Based on the earlier mentioned division key, St. Maarten’s share in the loss is 437,000,

while Curacao hangs for a bit more than 1.6 million. In 2019 The Bank still recorded a profit of 12.7 million.

The Bank will invest a million guilders in the renovation of its offices. In Curacao, The Bank will spend 700,000 guilders on fixing the fourth and fifth floor of its building and on an upgrade of the audiovisual equipment in its auditorium. In St. Maarten repairs to the building on the Pondfill will cost 300,000 guilders.

The budget projects losses for the next two years: 2021 (2.9 million guilders) and 2022 (1.8 million). In 2023 the bank projects 2.2 million in profit and in 2024 profits increase to 8.8 million.

Personnel costs will drop dramatically from 41.2 million in 2020 to 31.9 million in 2024.

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Continued from page 1 - Drs. Candia Joseph officially introduced as the first Director of SOAB St. Maarten “Given the geographic location and distinct characteristics of the SSS islands within the Dutch Caribbean, the position of Director St. Maarten was added to the team,” SOAB explains in a press release, elaborating that the Country Director is responsible for the St. Maarten sector of SOAB with regards to the clients, engagements, stakeholders and performance of the office. “Candia Joseph is customer-focused and engaged, and is dedicated to achieving results that are of added value to our clients.”

Candia Joseph is

feeling overwhelmed with the outpouring of support on social media after Makhicia Brooks, managing director of the St. Maarten Development Fund (SMDF), highlighted the importance of her appointment in a post on Facebook. “Today, we finally have a Country Director and she’s one of us. She went to high school with us and took a journey similar to many of us. She studied abroad, came back home, worked and grinded her way to this accomplishment.”

Seeing that Joseph was mentioned last in news articles about

the new team of directors of SOAB, Brooks - and many others with her - is of the opinion that the historic event has been insufficiently covered in local media. “As we talk about developing St. Maarten, we must also talk about how we develop a community that highlights and celebrates our individual and shared victories. We want local professionals to return and when they do, we downplay their achievements, which is so disheartening.”

Brooks, a young successful and accomplished professional herself, initiated a stream of

congratulations to Candia Joseph with her tribute. “I am grateful, humbled and appreciative of your words and all the congratulatory messages received

from everyone,” Joseph wrote in reply.

“You truly captured the significance of this moment for St. Maarten and female professionals! I tend to be low key, however, it

is indeed so important to take a moment and acknowledge our a c c o mp l i s h m e nt s .

This inspires to continue to grind!”

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Continued from page 9 - Jorien Wuite: with a bold move on her way to the Dutch Parliament The American mythologist Joseph Campbell, who inspired George Lucas’ Star Wars movies, made an observation in his classic The Hero with a Thousand Faces that echoes Strode’s first quote: “If you can see your path laid out in front of you step by step, you know it’s not your path. Your own path you make with every step you take.

That’s why it’s your path.”

With her potential candidacy, Wuite is clearly choosing her own path, becoming a trailblazer for others in St. Maarten who aspire to step up to the plate.

On her curriculum, Wuite’s describes herself as a Kingdom child living in St. Maarten: “Respect all different realities, reach out to connect and build trust for the greater good.”

A ecent post on Facebook emphasized her philosophy: “Do you believe that through collaboration and innovation, you can move mountains? I do.” St. Maarten could not wish itself a better representative in the Dutch Parliament.

We are, of course, not there yet.

D66 first has to establish its definitive list of candidates and then it will have to fight hard for every vote. Currently, the party holds 19 seats in the Second Chamber and that would make Wuite’s number 19 position good for a seat, were it not that in

recent opinion polls, the numbers hover between 12 and 14.

Wuite says about her choice for D66 in answer to a question put to her via email that “nine out of ten times it has always been D66 for me. The party aligns with my social liberal perspectives and ideals.”

D66’s international perspective and the value-driven leadership of Sigrid Kaag and running mate Rob Jetten also appeal to Wuite. “I was nurtured with the Democratic Party’s ideology, which clearly has similarities with D66. The party has its own progressive and liberal views that are different from most other parties.”

It sounds like a long shot, but Wuite would like to see party-leader Kaag as the next Dutch prime minister. “The party has a progressive campaign program, a strong vision to change and innovate educational systems, a high priority for climate change and an economy based on values and social entrepreneurship.”

Wuite’s relatively high position on the D66 advice-list came as a pleasant surprise to many in St. Maarten.

The question is, of course: how did she do it? “I worked hard during the assessment process and I hope to have convinced with my motivation and ideas,” Wuite says. Our former minister refers to a paragraph in

the party’s manifesto entitled Connected in the Kingdom. Wuite contributed to the text. “I believe it holds a vision and objectives for more constructive, respectful and equal partnerships on the basis of mutual opportunity, solidarity and joint values. I am excited about D66’s ideas for the introduction of a Caribbean climate fund, the possibility for special delegates from the Caribbean to vote directly in the Second Chamber on kingdom laws and new partnerships in education, research and culture.”

Wuite plans to strategize with a team to fight for her election that could come down to preferential votes if the party does not manage to capture enough seats. “It is critical to have Caribbean and bicultural voices in the Second Chamber to ensure new perspectives and nuance about a variety of issues such as social-economic prosperity for all, the Caribbean Diaspora, equal opportunities for people with bi-cultural heritage, international partnerships, racism and the impact of slavery, and the creative industry.”

The upcoming election campaign is going to be a tough battle, Wuite realizes, but she will enter the political battlefield with what she calls “an interesting Team

Kaag.” Apart from a fight for equality and fairness, these elections will also be about countering “the tendency to more farright, conservative and populist developments in the Netherlands. A change is necessary and these far-right tendencies should not be the aspiration or the vision for future generations.”

If Wuite manages to capture a seat in the Dutch parliament next year, St. Maarten will have to do without her, because it is required to move to the Netherlands and establish a formal address there.

As a team player, Wuite remains

passionate about a wide range of topics: kingdom affairs, education, healthcare, culture, social entrepreneurship, and the circular economy.

“We should not focus too much on what I would like to do,” she says. “It is a team effort with choices that will be made based on the outcome of the elections. The collaborative ambition is to be resultdriven, bold and with expertise on matters we care about.”

Wuite will feel comfortable in a Dutch environment since she lived there for more than thirty years. But St. Maarten, that has been a part

of her life for so long is in her heart and part of her. Any ideas about improving the relationship with the Netherlands?

Wuite talks about a focus on a shared vision and agreements about joint or bilateral programs in areas like climate, education, culture, economic opportunities, democratic values and the rule of law. “The Kingdom Charter provides a good basis for change. It should be applied within the Kingdom Council of Ministers as the platform that is accountable for and responsive to the needs of the four countries.”

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Continued from page 11 - SHTA sounds the alarm and supports Caribbean Reform Entity The SHTA concludes in its letter that the country needs to borrow “an enormous amount of funds” if it wants to prevent the closure of the government and be able to pay its employees and finance its programs.

“We have options,” Prime Minister Silveria Jacobs said during a press briefing in October, but according to the SHTA, those options are limited. Selling shares in governmentowned companies to SZV “isn’t very likely to yield the revenue in time to prevent a government closedown. It is a limited one-time stop-gap measure at most.”

Besides, the association points out, selling shares to SZV to get funds to be able to pay SZV (for instance, for the old age pension fund) is like “borrowing from Peter to pay Peter.”

This will result in “a never-ending merrygo-round of tax increases as there is no other way to raise the capital to repurchase these shares.”

The required return on investment to keep the AOV-fund healthy is between 6 and 8 percent, while the government can borrow from the Netherlands at 2 percent, the letter states. (Actually, if St. Maarten accepted the Dutch conditions for

liquidity support, it would obtain loans at zero percent).

The SHTA writes in its letter that, according to the Central Bank, St. Maarten will be unable to achieve fiscal sustainability of its public sector finances in the next twenty years if nothing changes.

“Their conclusion is that, only if the government were to cut its annual expenditures by 50 million guilders for a period of five years, starting in 2021, a sustainable fiscal path would be achieved.

Otherwise, the fiscal path will not be sustainable.”

Such a cut in expenditures is most likely not feasible, and

therefore, the SHTA states, “the current situation demands an integrated approach that includes broad and sustainable economic reforms, a reduction in public expenditures and increased revenue through improved compliance.” Annual salary-increases are not sustainable, the letter states.

The association is supportive of the Dutch offer for liquidity support and its accompanying conditions, including the establishment of the Caribbean Reform Entity. “When the plans are completed successfully, St. Maarten will emerge reborn. It will emerge

with a thriving society and economy and be in a much better position to take care of its citizens and ensure their wellbeing by securing fundamental human rights and freedoms, legal security and good governance.”

The letter contains a list of six “brutal facts.”

Among them are the following statements: 1. Tourism will not “just” bounce back, 2.

The country package contains many projects that have been agreed upon as needed for the improvement of country St. Maarten and 3. In the very near future, we will need additional liquidity support for both the public and the private

sector.

The SHTA urges the government to spring into action – and in the right direction: “We continue complaining while doing little, all while a Kingdom instruction looms. When will we take collective responsibility for our shortcomings, grab the bull by the horns and start planning our revival with the help being offered through the reform entity? We can be as autonomous as we want to be by showing that we have a grip on reality and are willing to do what is necessary to ensure the best possible future for our population.”

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