Dear Editor,
With consternation and alarm we read in the press today, that Statia was in “mediation” and “negotiations” to “restore” democracy. It reminds us of a car owner negotiating to buy back his vehicle from the thieves that stole it.
The right to self-determination is inalienable which means it can never be lost, much less “restored”. What needs to happen on Statia is for the Dutch State to cease violating Statia’s jus cogens, or peremptory right to self-determination, and cease its lawless actions on Statia immediately. To all who participated in this charade we remind you of what the Dutch State said about rendering “aid and assistance” in maintaining an unlawful situation:
“In sum, the Kingdom of the Netherlands submits that, given the peremptory character of the right of self-determination, a serious breach of the right of self-determination obliges all States not to recognize the situation created as a result of that breach and not to render aid or assistance in maintaining the situation created as a result of the serious breach of that right.” (Written Statement of the Kingdom of the Netherlands, par. 4.9)
The Dutch State knows better!
In its “Written Statement of the Kingdom of the Netherlands” of February 27, 2018, the Kingdom announced to the world that:
a. The right to self-determination is a peremptory or “jus cogens” (dwingend recht) norm.
b. This includes the right of peoples to determine their own economic, social and cultural policies without any outside pressure or interference.
c. Violating the right to self-determination of a people is an internationally wrongful act entailing state responsibility of the State that committed the breach.
d. This right to self-determination is permanent, inalienable, universal and, peremptory. (dwingend recht)
e. The Dutch State is under a peremptory (dwingend recht) obligation to “respect and promote” the right to self-determination.
f. Even though a territory has integrated or associated with another state, the right to self-determination continues unabated – as does the peremptory obligation of the state with which a territory has associated or integrated to respect and promote that right.
Statia has the peremptory right to self-determination.
The Dutch State is therefore fully aware that because of this overriding or peremptory character of Statia’s right to self-determination, no Rijkswet or article in Het Statuut or Kingdom Charter can derogate or violate that right. In straightforward terms, Statia’s right to self-determination is untouchable, permanent inalienable and universal. Because it is inalienable it can never be lost, or “restored”. It can also never be the subject of any “mediation” or “negotiation”. It is non-negotiable.
The responsibility of the Dutch State:
According to the Written Statement, the Dutch State it is under the peremptory obligation to respect and promote Statia’s right to self-determination.
The Dutch State must explain its actions on Statia.
We therefore call on the Dutch state to explain how a Rijkswet can ever overrule a peremptory norm of international law.
The charade must stop.
We therefore call on the Dutch state to stop these sham “negotiations” and “mediations.” It is unacceptable that a modern, enlightened and progressive State that lauds the Rule of Law should engage in such unlawful behavior.
The gig is up.
We hope that the Dutch State realizes that we are fully aware of our rights under international law. This knowledge means that Dutch hegemony has ended. The Kingdom will be changed. For the better.
Pro Soualiga Foundation
