Sometimes things happen in politics that trigger me to question. The media brought the issue regarding the island of St. Eustatius taking Holland to court. As a result, St. Eustatius decided to start legal proceedings against the Dutch government, after the Netherlands removed the legally elected Members of the Island and Executive Councils of Statia from office.
Based on their argument for their decision, I had expected Holland to take legal action against one or more of these government officials in St. Eustatius and charge them with wrongdoing or neglect of duties; however, this did not happen.
So, I would like to know if Members of the Island Councils who were duly elected by the people of St. Eustatius can be taken to court for wrongdoing or neglect of duty.
When the Lt. Governor and the Commissioners were put out of office, the salaries for those functions were also stopped, and according to information, those persons are not receiving a salary.
The Kingdom of the Netherlands consists of four countries, namely Aruba, Curaçao, Holland and St. Maarten. Saba, St. Eustatius and Bonaire have been embedded in Holland, and even though this has happened, it was always the case that the six islands of the former Netherlands Antilles would always have the right to determine their constitutional future.
Recent news reminds us that Holland cannot pull out of this relationship and leave the islands by themselves. In other words, Holland cannot put any of the islands out of the Kingdom without the permission of other countries.
In the past, the Kingdom government and or Holland would levy higher supervision on an island. This would happen together with a plan of action, which would contain a budget and a timeframe.
Can we say that Members of the Island Council are hired and/or elected by the people?
Can Members of the Island Council be put aside and be replaced by persons who were not elected by the people?
Now that this has happened on St. Eustatius, can it also be repeated on another island?
Can this be done on Aruba, Curaçao or St. Maarten? Is this article 43 at work?
Those questions I can ask to Members of Parliament, but. I would like to hear the opinion of our legal minds as it pertains to this issue. St. Maarten consists of so many law firms and/or lawyers, and I am sure there must have been someone thinking of this, while paying close attention to the situation.
Do we have to wait until a professor emerges from across the Atlantic and he/she writes an opinion, after which we comment, or do we have enough legal minds of our own to have a healthy exchange?
Your input/opinion is important.
Rodolphe Samuel
