PHILIPSBURG--Concerned about compliance with international human rights standards, Party For Progress (PFP) is seeking clarity from Justice Minister Anna Richardson on her recent announcement that the country’s immigration laws would be “strictly enforced,” as well as encouraging those without residency permits to voluntarily leave the country or face deportation.
PFP Members of Parliament (MPs) Melissa Gumbs and Raeyhon Peterson submitted a number of questions to Richardson.
The faction has stated publicly that the country’s rampant illegal immigration problem has desperately needed attention for over 10 years now and both MPs commend the minister for at least taking the initiative to start the discussion to handle this issue. However, both had some concerns with the planning and execution of the proposed plan, particularly with regard to the country’s compliance with international human rights standards.
The faction questioned whether the minister’s announcement was meant to be an execution of Article 15 of the Law on Admittance and Expulsion (“Landsverordening Toelating and Uitzetting (LTU)”) and if so, what legal basis was being applied for its execution. “The concern is that statements or press releases cannot legally bind citizens or residents; any action must find itself rooted in legal basis, whether through a national ordinance, national decree with general measures or ministerial regulations. To be on the right side of international standards, all bases must be covered from a legal standpoint,” PFP said in a press release on Monday.
The MPs further questioned the minister on the duration of the “voluntary departure” period, as well as requesting a timeline for when detainment and deportation efforts would begin. A critical point the faction raises is where detainees will be held until their deportation is executed. This could have serious implications for St. Maarten’s compliance with international human rights standards and regulations, especially considering the state of justice-related facilities on the island, the MPs said.
“International standards, whether in human rights, finance, etc., cannot just apply to us when convenient and working in our favour,” the faction said. “We also have a responsibility to adhere to them and implement them in our functioning as a country.”
Due to the long-running issue of undocumented persons crossing the borders to evade immigration-related actions, the faction queried whether the Justice Ministry had informed the relevant authorities in French St. Martin prior to the minister issuing her statement. The MPs also asked for clarification on the minister’s stoppage of the residence-permit process.
They questioned if the stoppage extended to permit renewals and whether or not consideration would be given to those who might have filed their request to renew and then were faced with the COVID-19 lockdown.
PFP said illegal immigration worldwide is fuelled by many factors, one of which being the exploitation of illegal/undocumented workers by companies and/or individuals. They asked Richardson what disciplinary and control measures she intended to apply to local companies and/or individuals who have participated in the hiring of illegal immigrants or have engaged in the falsification of documents to hire said illegal immigrants.
“To lay this entire problem at the foot of the illegal immigrants who came and keep coming here is to ignore our own responsibility and role in this issue,” the faction said in its release. “It is no secret that there are prominent individuals in the community who have participated in the importing and hiring of illegal immigrants for their business, whether construction-based or not.
“There must be some consequence for these actions as well, or in another 10 years, we will find ourselves having this same discussion again.”
The faction requested that answers from the minister be provided within one week.
