PHILIPSBURG--On the eve of the demonstration against the introduction of a COVID-19 health pass, which was to start this morning, Friday, August 13, at 7:00 for the Government Building, police issued a warning to the community. The press release from the St. Maarten Police Force KPSM on Thursday night read that gathering in public is not permitted.
Some types of gatherings, such as large manifestations, require a permit, KPSM warned. “Participation in unpermitted gatherings does carry consequences, such as fines and even imprisonment.”
KPSM refers to Article 13 of the Constitution of St. Maarten which allows for the right of public assembly and demonstration, however, the article further states that this right may be restricted in order to protect health, in the interest of traffic, and to combat or prevent disorders.
KPSM and the Prosecutor’s Office OM SXM point out that although demonstrating is an important fundamental right, gathering poses risks to public health in this time of COVID-19. “Everyone in the community should be mindful of spreading of the virus when the healthcare system is already struggling to care for patients,” the authorities said.
Residents are advised by police to refrain from any type of gathering in public in these pandemic times. In June, Justice Minister Anna Richardson already announced a gathering ban in the nightly hours. By Ministerial Order (“Ministeriële Beschikking (MB)”) of June 17, 2021, Richardson designated “all public places accessible to the public” as a nuisance area. This order has not been withdrawn to this day, which means that this gathering ban is currently in effect between 11:00pm and 6:00am for all public spaces.
The minister took the decision to enable stricter enforcement by the police. “Despite the outbreak of the COVID-19 pandemic and the associated COVID-19 measures, there is still structural and persistent nuisance caused by people around gas stations. In the recent past, it has become apparent that these hangouts have been expanded to various other places with a public character,” the minister said in an explanation of the Ministerial Order.
Richardson mentioned that serious disturbances take place in parking lots, at sports fields, school playgrounds and beaches. The police will “keep strict criminal surveillance” in these places between 11:00pm and 6:00am. Police officers will take “preventive and enforcement action.”
Since the ban was announced, there have been repeated gatherings in Philipsburg during the night hours. Especially near casinos, people gather outside on the street. When asked about the reason the police do not take action near casinos, police spokesman Ethelwoldus Josepha replied that the casinos are the responsibility of the Ministry of Tourism, Economic Affairs, Transport and Telecommunication (TEATT). “The police do not go there, that’s the job of inspectors from TEATT,” Josepha said.
