Saturday, June 23, 2012

Statia plans to go to UN for constitutional advice

page1b020By Suzanne Koelega

ROTTERDAM--St. Eustatius is contemplating going to the United Nations (UN) to seek confirmation of the island's right of self-determination in preparation for a referendum that would allow the people to decide on their future constitutional status.

"We don't want to be integrated into The Netherlands and we must let them know that," said Statia's independent Island Councilwoman Millicent Lijfrock and colleague Reginald Zaandam of Statia's UPC party at an informative gathering for Statians in Rotterdam on Thursday. Statia's Island Council was in The Netherlands this week for a meeting with the Dutch Parliament's Second Chamber and a congress of the Association of Dutch Municipalities VNG, among other reasons.

According to Democratic Party (DP) Statia Island Councilman Reuben Merkman, St. Eustatius cannot sit idly by and accept The Netherlands taking decisions for the island without the people having a say and pending the general evaluation of the public entity status in 2015.

Statia's political parties stand united on this issue. Statia's government officials might have signed off on an agreement with The Hague in 2006, but that deal does not have the support of the current politicians.

"All five Island Council members agree that we can renegotiate," said Zaandam.

"We will keep bringing forward our case. None of us agrees with this status, even though the past government signed for it," said Island Councilman Franklin Brown of STEP.

"People are starting to find out what it really means to be part of the Dutch constellation," said Merkman.

"At first when the Dutch said we were different, we thought it meant that they liked us. Now we are finding out what that 'liking us' really is," said Zaandam.

The Second Chamber has started the process to amend the Dutch Constitution to secure the public entity status of Bonaire, St. Eustatius and Saba. The three islands are vehemently protesting this move by The Hague, saying this is against the agreement that a final decision on the constitutional structure would be taken after the evaluation.

The Netherlands contends that changing the Constitution is a necessary step after the Charter was adapted to accommodate the new constitutional relations as a result of the break-up of the Netherlands Antilles. Zaandam fears that the proposal to amend the Constitution will be approved as a formality before the Dutch elections on September 12.

St. Eustatius is taking action and has started evaluating its options, said Merkman.

"We must safeguard the sacred right of self-determination," said Zaandam.

"We are looking in the direction of taking our case to the UN," announced Lijfrock.

St. Eustatius will be seeking advice from a high commission of the UN on the right to self-determination. The contention is that such right was not applied in St. Eustatius prior to the implementation of the public entity status as of October 10, 2010. No second referendum was held after the first one, in which Statians voted to remain part of the Netherlands Antilles.

Merkman said that before signing off on the public entity status, there should have been a second referendum in which people could have expressed themselves as to whether they really wanted this status. "That would have been the correct procedure," he said.

Statia politicians are striving for another referendum whereby the people would be able to vote for different options pertaining to the constitutional future of the island. Zaandam explained what these options might be: status quo, free association, independence or a fourth option. Zaandam said personally he favoured the French overseas territories model for St. Eustatius.

Together with OCaN, the organisation for Dutch Caribbean people in The Netherlands, St. Eustatius is also exploring other legal paths, including taking Statia's case to the UN's International Court of Justice in The Hague and the European Court for Human Rights in Strasbourg. To take a case to either of these courts, all local court procedures have to be exhausted first.

St. Eustatius has established contact with Dr. Carlyle Corbin, an international advisor on global governance and an expert on the right to self-determination at the UN, and with Professor Douwe Jan Elzinga, a constitutional expert in The Netherlands. A constitutional symposium is being organised early July through the Friends of Statia organisation.

Zaandam wants to use the proposed amendment to the Dutch Constitution as an opportunity to renegotiate Statia's status. He questioned why in 2010, when his party was in government, the Dutch Government hadn't been willing to break open the Constitution for 20,000 people, but now The Hague was doing exactly that to secure the islands' status. "Now that the door is open, I can walk in, can't I?"

Lijfrock said the support of the people was vital in the process to seek more autonomy and respect for St. Eustatius. "We need the wind of the people in our back. We are determined to change the situation, but we need the collective support of the people," she said.

"We need people to come forward and express themselves," added Merkman.

Source: http://www.thedailyherald.com/islands/1-islands-news/28610-statia-plans-to-go-to-un-for-constitutional-advice-.html

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