~ Statement by CPAN & BHRO on April 20 in Geneva ~
The Caribbean Pan-African Network (CPAN) and Bonaire Human Rights Organization (BHRO) urge the Permanent Forum on People of African Descent to address the pressing issue of colonialism in the Caribbean region. Despite the implementation efforts of the past three United Nations International Decades for the Eradication of Colonialism (1990-2020) no less than 20 colonies still exist in the Caribbean, directly impacting the descendants of African heritage.
One primary objective of the Permanent Forum on People of African Descent is to pursue Reparatory Justice, a cause that aligns with our recommendation.
We propose that the Permanent Forum adopts a key initiative within a Second Decade for People of African Descent, focusing on Reparatory Justice for the Caribbean Peoples of African Descent. This initiative should prioritize and collaborate with efforts towards the decolonization of the remaining Caribbean territories.
It is imperative for both the Caribbean and the international community to prioritize this issue.
The abolition of slavery in the Caribbean, spanning from 1834 to 1886, did not equate to complete emancipation. Instead, it ushered in over a century and a half of colonial rule before independence was achieved by many Caribbean nations. Yet, today, some 20 Caribbean territories inhabited by African descendants remain colonized.
The years 2020-2030 are designated as the Fourth International Decade for the Eradication of Colonialism, aiming to eliminate contemporary colonial practices that infringe upon the inalienable right to self-determination, as enshrined in the UN Charter, the Decolonization Declaration, and relevant human rights instruments. Resolution 48/7 of 2021 of the Human Rights Council highlights the negative impact of colonial legacies on human rights enjoyment.
World Wars I and II and their aftermath underscored the struggle of enslaved and colonized peoples for freedom and equality, resulting in over 80 million lives lost. This sacrifice has fostered a global consciousness that rejects the subjugation of any people or nation. Indeed, the very birth of the United Nations is rooted in the commitment to uphold international peace and security based on the principles of equal human rights and self-determination for all peoples.
The inalienable right to self-determination is enshrined in various international human rights instruments, affirming the freedom of all peoples to determine their political status and pursue their socio-economic and cultural development. These include Articles 1 and 55 of the United Nations Charter, Article 73 of the UN Charter, Resolution 1514 (XV) of 1960 (UN Decolonization Declaration), the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on All Forms of Racial Discrimination, and the United Nations Declaration on the Rights of Indigenous Peoples.
In light of these principles and the sad reality of the persisting historical injustice of colonial rule, we urge the Permanent Forum on People of African Descent to take decisive action towards Reparatory Justice for the Caribbean Peoples of African Descent by prioritizing the decolonization of remaining Caribbean territories. This is not just a matter of historical rectification but a fundamental step towards achieving true equality and justice for all.
Caribbean Pan-African Network (CPAN)
Bonaire Human Rights Organization (BHRO)
David Comissiong – Chairman CPAN, Barbados Ambassador to CARICOM James Finies – Bonaire Human Rights Organization
Dear members of the Kingdom Relations Committee,
I would like to discuss with you the policy principle "comply or explain". This, of course, in the context of legislation in the Caribbean Netherlands. The country 'the Netherlands' consists of a European part and a Caribbean part; the latter includes the three public entities Bonaire, St. Eustatius and Saba. This division exists since October 10, 2010, the date of the dismantling of the country Netherlands Antilles; since said date, the Kingdom of the Netherlands knows four countries: in addition to Netherlands, we distinguish Curaçao, Aruba and St. Maarten.
As said, the three remaining (smaller) islands together form Caribbean Netherlands and in addition to European Netherlands this whole is called the country Netherlands. And although the Constitution recognizes exceptions (see Article 132a, paragraph 4), the basic rule is that legislation applies universally in both Netherlands. And while I like to keep it simple, reality is somehow somewhat unruly.
Paragraph 4 of said article in the Constitution reads: with respect to the special municipalities of Bonaire, St. Eustatius and Saba, as follows: "For these public entities, rules may be laid down and other specific measures may be taken in view of special circumstances by which these public entities are essentially distinguished from the European part of the Netherlands". From this also flows the current policy of 'comply or explain'. Everywhere Dutch law applies unless special circumstances are present as a result of which on Bonaire, St. Eustatius or Saba a certain rule should not be interpreted or should be interpreted differently.
So far, 'comply or explain' is a fairly straightforward policy principle. A rather clear example for me concerns the regulation (bouwbesluit) that a house has a certain minimum of glass surface, as well as requirements regarding (central) heating. With a tropical climate in the Caribbean Netherlands, those requirements are not one-to-one applicable or enforceable. For the rest, I believe that what is applicable in the legal area of, for example, Vlieland also applies in Amsterdam. These two locations were chosen at random; in other words, all locations in European Netherlands are identical as far as the legal infrastructure is concerned.
What I do not understand very well now is that - even years after the 2010 decision - so many aspects are left out of the "Dutch" laws and regulations. Take the Social Minimum: a special committee has been charged with this subject to come up with an advice for the right level. One Social Minimum applies to the entire (European) Netherlands, regardless of the existing socio-economic differences in the distinctive regions of the country (e.g. Randstad, Achterhoek, Zuid-Limburg, Oost-Groningen, Wadden Islands, etc.).
And then suddenly there should be a commission for the Caribbean Netherlands with three levels (all lower than in the European Netherlands, one per public body [why this difference per island?). In the pursuit of one "country", this movement is naturally aimed at introducing second-class Dutchmen alongside first-class Dutchmen. Many developments point in that direction, too many to mention here (exhaustively). Why is the island council not composed in the same way as the city council in a European Dutch municipality? Why is there (still) no unemployment benefit? Why is there no uniform AOW benefit for both Netherlands? Does the Netherlands belong to Europe (both parts: European and Caribbean)?
I am AOW'er and I have lived and worked on St. Eustatius for eight years. I am having my AOW reduced because at that time (2014) I emigrated 'abroad' (?)... For my spouse it is even more painful: 'moved' before her AOW age applicable in the European Netherlands, but at the same time older than the AOV age applicable in the Caribbean Netherlands: AOW reduced, no AOV benefit. That there are initial differences seems explainable to me, but the "enthusiasm" to eliminate those differences - now fourteen (!) years after 2010 - is not great. I experience that as (institutional) discrimination.
To illustrate: suddenly it is called "high time" for the introduction of equal treatment legislation in the BES islands. Why only that legislation?
Another example: with some fuss, the mortgage guarantee is being introduced on Bonaire. Why only on Bonaire?
I would like to ask for your understanding and support in getting the government to eliminate the differences between the European Netherlands on the one hand and the Caribbean Netherlands on the other as soon as possible. The obligation to indicate that certain legislation is (also) applicable to the Caribbean Netherlands is such a delaying tactic: of course, legislation is applicable to both Netherlands and some legislation is only applicable to the various public entities in the Caribbean (in principle at the indication of the public entity itself!).
J.H.T. (Jan) Meijer
Dear Editor,
Luis, yes Luis should never be forgotten and I will even state that Luis should always be the rule by which we should measure every kind of transaction, whether, business permits, whether residence permits or whatever kind of permit requested. Immigration records should show who left and who stayed. And most of all we, yes we, including myself, could not find any illegal immigrants, except those who were convinced by their job owners to stay and help clean up.. We had similar experiences with one or two serious hurricanes after that.
Then came Irma (2017) and before the results of the ravages of Irma could be remedied came the pandemic of which up to today no concrete cause and results can be given
There are umpteen homes which as a consequence of the devastation of Irma cannot be repaired. There are umpteen members of families still shacking up with each other. I am not in government but by reading I know that there is still a dispute for money between Holland and St. Maarten as a consequence of what happened in that period between Irma and the pandemic.
What I also know from reading and self experience is that all kinds of reasons were given for the drastic rise of prices in the businesses and that even though the reasons given for this phenomenon is not clear to the people, no one has made an effort to reason with those who have taken a decision to raise the prices of their goods, mainly the supermarket managers (owners) and the hardware store owners.
Nobody is passing their hand over their hearts for the hard-working people on St. Maarten.
After stating that, let me ask this: What would the response of those people be, if asked to help St. Maarten out of its predicament? They would not even know that there is an island called St. Maarten. Do we see any tourists from those countries contributing to our economy? Do we want this to be world news that the government of St. Maarten is meddling, yes. Meddling, because that is what it will be considered, in the affairs of Palestine?
I do not know who they give to, but I am sure that it is not the brunt of the people who patronize their businesses.
Ask for our prayers for world peace and do not forget the Haitians living for years on St. Maarten.
We cannot even compromise with our own Kingdom partners to consider us in our legitimate struggles, why would anyone think that we could make a difference by permitting a demonstration against countries which do not even know that we exist?
We know what is happening in Haiti, I did not hear anyone suggest a peaceful march in solidarity for our neighbors.
Definitely nothing personal and definitely no offense meant to anyone, but why now? I am trying to recall any kind of social affairs that Palestinians have joined us in. This is not a matter of payback, but are we not aware on this little island of St. Maarten of the different nationalities which literally prohibit their women from associating with men outside of their culture? I know of those complaints because of what I did. I mentioned their women, because we as men know who we encounter where.
Should I be under the impression that we are being used or perhaps it is that they feel entitled to that permission?
We are still friendly and we are still peaceful. All we need is the solution for everybody to be able to know where their next meal is coming from. Do we really want to cut off our nose to spite our face?
Russell A. Simmons
Dear Editor,
Wow, it’s unbelievable that no new government has been formed as yet and the incoming prime minister remains silent. Let’s wish them the best and see how the new government will survive a full four years governing.
Also let’s hope government will help uplift musicians, artists and their sports people.
Since 10/10/10 the entire public has not seen much progress from our representatives. Only Honourable Omar Ottley from UP and Honourable Anna Richardson from NA, from the former coalition, show some performance representing the people, but Honourable Omar Ottley did perform better than Honourable Anna Richardson.
If Anna Richardson would pay the justice workers that would be good of her, but instead she stays focused on the function book and leaves justice workers unpaid. That's where she fails.
St. Maarten needs so many laws, roads and for government to take good care of the people at all times. Price controllers wake up!
Cuthbert Bannis
Dear Editor,
Even in their last remaining days in office, this Council of Ministers is still trying desperately to hold on to their ministerial positions. It’s like this function is their only lifeline, and they are clinging on to it for dear life. Never in the history of politics have the population witnessed an outgoing government this desperate to retain their power.
When it’s not the ministers who are sending direct WhatsApp messages to newly elected MPs, enticing them to cross over, it’s their supporters and associates who are doing the dirty job for them. What kind of message are they sending to the incoming government? It is for them to create another Mexican stand-off like what took place in the past? This is such a shameful and unprofessional way of exiting.
What is the real reason behind this desperation? Who do they owe? What promises did they make on the campaign trail? Are there previous agreements still in motion, like the one regarding ENNIA, that blind-sided parliament and the entire country, just recently? On one hand they say they have no problem sitting in parliament, but in the same breath, they are relentlessly soliciting the weak and greedy MPs of this new formation.
How shameful it is to see that 14 years into this new status, politicians are still playing this dirty game. Yet, when they make mistakes, based on their ego and refusal to take advice, they try to convince the public that it’s a young country and the people must be patient, because other countries are experiencing the same challenges, even though they have years of independence.
I’m still very curious to know where all that money came from to finance the UP and NA campaigns. And, were these two parties actually running the government, or they were acting on behalf of their donors? What is extremely obvious is that they are so ill-equipped that they cannot function without former MP Rolando Brison, the “bridge” who was keeping this outgoing government together.
So, what are the consequences of him being absent from their political make-up going forward? Is this a major reason why NA is so desperate to maintain power? It’s very strange that a party like NA that despised the UP party, now finds itself in such a dilemma. Or, is former MP Rolando Brison’s statement of having a deal with the young boys of NA the dominating factor that is fueling this desperation?
This is why the Electoral Council needs a complete revamp of its approach in collecting information on campaign spending. Its current system can never uncover the true picture of monetary contribution or otherwise. They need to do a complete audit in conjunction with the Prosecutor’s Office to see if there are any discrepancies, and levy the appropriate penalties to deter this kind of misconduct in the future.
UP and NA have done enough damage to the country with their incompetence and deceitful behaviours. They will go down in history as the most selfish government ever, and the one that fired the most locals ever, just to satisfy their ego and these unscrupulous business owners.
Therefore, it is time that they relinquish their positions with dignity, if there is any, and set the example for those who aspire to serve the public.
Joslyn Morton
