Prime Minister Dick Schoof (right) received the advice from vice-chairman Thom de Graaf
THE HAGUE--The Advisory Division of the Dutch Council of State advocates for more equality within the Kingdom, emphasising that all citizens with Dutch nationality should be granted active voting rights for the Dutch Second Chamber of Parliament. Additionally, there is a need for dispute regulation, a greater representation for appointed ministers in the Kingdom Council of Ministers and more intensive cooperation in areas such as education and poverty alleviation, it was argued in a spontaneous advisory document prepared by the Council of State to commemorate the anniversary of the Charter for the Kingdom of the Netherlands.
This year marked the 70th anniversary since the signing of the Charter in 1954, which created a new legal order in the Kingdom of the Netherlands, and colonialism officially came to an end. “The Statute lays the foundation for ties between the countries that now make up the Kingdom. It regulates what the common affairs are and which subjects belong to the autonomy of the countries, the Council stated in a press release.
A lot has changed in 70 years, but the Council deems the Charter still relevant: “It offers space and concrete tools for closer cooperation within the Kingdom, both between the Netherlands and the Caribbean countries and between the three Caribbean countries themselves. And it offers the opportunity to serve the interests of citizens in the Caribbean region of the Kingdom. Improvements are possible without amending the Charter, but it is necessary to read the Charter with contemporary glasses and interpret it according to today’s context”, the Council argued.
In its spontaneous advice, the council formulates two principles for the future of the Kingdom: “constructive cooperation and mutual assistance” and “contributing to more balanced relations and mutual understanding”. It advises the Kingdom partners to have these principles guide their actions.
The advisory report elaborates these two guiding principles into an analysis and concrete recommendations on several issues affecting the Kingdom: safeguarding human rights and good governance, and consensus Kingdom laws and other mutual arrangements as a basis for cooperation. To achieve more balance in relations, the Advisory Division makes proposals for reducing the democratic deficit and suggestions for an arrangement to have certain Kingdom-state governance disputes settled by an independent body.
In terms of good governance and human rights, the Council argues that the Kingdom guarantees good governance and respect for human rights. A well-functioning government directly affects public services: from health care to maintaining public order and security, but there are many societal challenges. That is why the advice is to focus cooperation mainly on education and poverty alleviation, working towards an active civil society and an educated workforce.
The Council also believes that Kingdom laws function as the basis for cooperation. “To cooperate on a structural basis, it is important to make and record agreements. This is done partly on the basis of so-called consensus Kingdom laws”.
However, the Council argues, “there is hesitation among Caribbean countries to use this instrument. The Dutch bodies are said to be too dominant, making real consensus impossible. It is desirable that agreements are made on decision-making around consensus Kingdom laws: agreements that guarantee the involvement and consensus of Caribbean countries during the legislative process. This will do justice to the principle of equality and mutual understanding”.
To balance these relations and reduce the democratic deficit, the Advisory Division proposes that all residents with Dutch nationality in Caribbean countries be given the right to vote for the Dutch Second Chamber of Parliament. “This could increase the sense of equality. The right to vote can lead to greater mutual understanding between the countries and a better basis for cooperation”, it was explained.
Finally, the Advisory Division advocates putting new energy into the design of a dispute settlement between the countries and makes concrete suggestions for this in its opinion. This because, even though 2010, the Charter has included an obligation to create an arrangement whereby disputes between the countries and the Kingdom can be settled since 2010, there is still no arrangement and the design itself is subject to dispute 14 years later.
The Advisory Division of the Council of State of the Kingdom specifically advises on bills and requests for advice that concern the entire Kingdom. These proposals are submitted to it, but it can also give advice without a specific bill being before it. This is called a spontaneous advice. This advice on 70 years of the Kingdom Statute is an example of that. The advice was prepared, among other things, after talks with the Governors and the Advisory Boards of Aruba, Curaçao and Sint Maarten; former governors; and scientists.
