THE HAGUE--Vice-president of the Council of State of the Kingdom Herman Tjeenk Willink said farewell yesterday, Wednesday, after a 15-year term at the highest advisory body in the Dutch Kingdom that played an important role in the dismantling process of the Netherlands Antilles.
During an extra-ordinary meeting of the Council on Wednesday, Tjeenk Willink was appointed Knight Grand Cross of the Order of Orange Nassau by Queen Beatrix of The Netherlands, the President of the Council.
Prince Willem-Alexander and Princess Máxima also attended the meeting, as did Dutch Prime Minister Mark Rutte, the Presidents of the First and Second Chamber and the ministers of Home Affairs and Kingdom Relations, and Justice and Safety. Representing the Dutch Caribbean countries were Members of the Council Hubert Maduro of Aruba, Robert Vornis of Curaçao and Dennis Richardson of St. Maarten.
Tjeenk Willink turned 70 on January 23 and according to the law he had to step down. The Daily Herald had an interview with the man nicknamed the Viceroy (Onderkoning) of The Netherlands in The Hague's government circles, a person of distinction whose opinion is greatly valued.
His visit to the islands late last year didn't bring up feelings of sadness usually associated with farewells. "To the contrary, I had a good feeling about it," said Tjeenk Willink, who described his dealings with the Dutch Caribbean as "extremely pleasant." The islands are realistic about their possibilities. "There is a great sense of openness of what can and cannot be done and what still has to be done."
His position as Vice-president of the Council of State of the Kingdom made it easier for Tjeenk Willink to have uncomplicated relations with the partners overseas, more so than for example a Dutch minister. "I have no power and no money, so we could actually discuss the issues. Things are different when you are a minister," he said. "Of course I am a makamba (white Dutchman in Papiamentu, ed.) with my own culture. Everyone has their own culture."
The human and social aspects in Kingdom relations are important to Tjeenk Willink. "The Kingdom is not only about governments. We focus too much on that. The Kingdom is in the end also about citizens, social groups and the private sector."
According to Tjeenk Willink the will to assist each other in the Kingdom exists. "But the question is whether we make efficient use of it," he said. He said direct contacts within the Kingdom were less extensive than for example within the European Union (EU). "That is strange because the Kingdom consists for a rather long time."
Not equal
Relations in the Kingdom are not equal, acknowledged Tjeenk Willink. The differences in for instance size cannot be denied. That is even more so in the case of the smaller islands Bonaire, St. Eustatius and Saba in their relation with the Netherlands. But, he added, "It doesn't mean that you can't have equal respect for each other. The unequal relationship requires comprehension from all sides. The same is also true within the EU where France isn't The Netherlands and Germany isn't Malta."
Forcing Dutch norms, values and traditions on the islands without taking their culture, history and practices into account is not a good idea. Forcing laws on same-sex marriage, abortion and euthanasia on Bonaire, St. Eustatius and Saba isn't either.
Tjeenk Willink said he was "not a great admirer" of the amendments adopted by the Second Chamber to introduce these three ethically sensitive issues on the islands. "You have to take each other's cultural differences into account. "
Senseless
Unilaterally forcing regulations for which no relevant support in society exists is senseless, said the Vice-president. "You can keep making rules and regulations on paper, but it will not work. You need to find a balance. Democracy and the Rule of Law ('rechtsstaat') must go hand in hand, but people should also believe in it. Such things take time, as it did in The Netherlands itself, on exactly the same ethical topics. Marching too far in front of the troops is often unwise."
The islands, on the other hand, should also indicate loud and clear what they want and do not want and come with suggestions how to solve the issues. "You can cherish the Calimero effect (ever feeling the victim, ed.), but I don't think we should."
The relation of the Netherlands with the three smaller islands requires a form of management that civil servants and politicians in The Hague are not exactly used to. He said the Dutch government had to be very careful when executing laws and regulations on the islands, repairing them where necessary if things work out some other way than planned. That is a normal process: the effects of a certain law can never be foreseen completely.
Bit naive
It was nevertheless perhaps a "bit naive" of some people in Bonaire, St. Eustatius and Saba to think that all issues would have been solved when the islands acquired the 'public entity' status per October 10, 2010. "People were happy to be liberated from Curaçao. But they should also be realistic that the problems won't be solved in a day and they should realise that the Dutch government is not automatically paradise."
Tjeenk Willink said he was at the moment not particularly worried about St. Maarten's future as a country. He appreciated St. Maarten's efforts in 2011 to make the most of it, despite its limited means. As he already indicated in his speech at the University of St. Martin (USM) during his last visit to the island, the Vice-president said it was important to have the right checks and balances and to enable vital organs like the Advisory Council to do its work. He said St. Maarten's country status offered chances for more practical cooperation in the Kingdom.
Strategic partnerships
Building strategic partnerships in the Kingdom, like Aruba does, is the way to go, instead of saying that The Netherlands is taking away the autonomy of the islands, said Tjeenk Willink. Cooperation is vital. That also applies for The Netherlands and the EU. "You can say: I don't want the EU. But I say: make your calculation because cooperation is a necessity. Be clear about what you want because otherwise decisions will be taken over your head. The world will not go away if you close your eyes."
Tjeenk Willink acknowledged that it sometimes wasn't easy for the overseas partners to do business with The Netherlands as the former coloniser. He did point out that the political climate in The Netherlands has changed and not to the benefit of the islands. "You can keep objecting about financial supervision like some politicians in St. Maarten and Curaçao do, but it is understandable that The Netherlands isn't inclined to once again pay the islands' debt."
Citizens should feel secure about their country, their identity. "Citizens should feel that they are in charge of their surroundings and developments. Politicians and government should respect that and govern in such a way that fosters the autonomy of the people. Politicians cannot solely do their own thing, they have to think of the people first and they should always operate according to the letter and spirit of the law."
Dismantling process
The Council of State played an important role in the dismantling process of the Netherlands Antilles and the creating of the new countries Curaçao and St. Maarten and the Dutch 'public entities.' Under Tjeenk Willink's leadership, the Council analysed stacks of draft law texts and provided advice to the governments in the Kingdom.
The Council did so to the best of its ability, said Tjeenk Willink. But because situations change and things don't always end up as anticipated, it is also important to make corrections afterwards. "You can't keep preparing and negotiating forever. At a certain point you have to take a decision on the constitutional legal structure because if you don't, you create an alibi to evade the real issues in society like education, health care, employment."
The Antillean structure of five islands together in one country had to end simply because it did not work. "After all, people don't live in structures but in houses," he said. But the political discussions took long and at a certain point there was a stalemate which had to be resolved, said Tjeenk Willink, referring to the lengthy process of the first discussions about restructuring and referenda about a new constitutional status to the execution of the dismantling.
Listening ear
The Council has always provided a listening ear to the islands. Not only governing parties found, and still find, their way to the Council, but the opposition and non-political groups as well. The latter is not only to be commended but also essential in order to get an objective view of things. "Otherwise you can't give proper advice. You have to know in which context to place your advice."
Tjeenk Willink might be resigning, but he will not forget about the islands. "You cannot simply turn off the switch when you have a warm heart for something." Is he going to enjoy life now that he is going on a well-deserved pension? He smiles: "When people say that they make it sound like work is a terrible thing."
Herman Tjeenk Willink studied law at the University of Leiden and the University of Paris. He was extraordinary professor at the Catholic University of Brabant and became a Member of the First Chamber for the Labour Party PvdA in 1987. He was appointed President of the First Chamber in 1991. In 1994 he was "informateur" of the first Kok cabinet, a function he again had during the formation of the Rutte cabinet in 2010. He became Vice-president of the Council of State in 1997. Queen Beatrix is the President of the Council of State, an organisation that has twelve permanent members, forty so-called Staatsraden and three Staatsraden of the Kingdom. Dennis Richardson is the Staatsraad for St. Maarten. Former Minister of Home Affairs and Kingdom Relations Piet Hein Donner will succeed Tjeenk Willink next week as Vice-president.
Source: http://www.thedailyherald.com/islands/1-islands-news/24689-viceroy-tjeenk-willink-says-farewell.html
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