On October 22, 2005, a mainline accord (memorandum of understanding) was reached between the Netherlands Antilles and the five island territories, regarding future constitutional relationships. This was followed by the final declaration of the Round Table Conference held on November 26, 2005 in Curacao.
In the M.O.U. that forms part of the final declaration of the Round Table Conference it was agreed that: July 1, 2007 is set as the target date for St. Maarten attaining separate status, an autonomous country within the Kingdom of the Netherlands. In order to become a country within the Kingdom of the Netherlands as per July 1, 2007, some conditions have to be met; to name a few:St. Maarten would have to put its public finances in order and would cooperate in assessing its financial situation, before January 1, 2006.St. Maarten would cooperate with determining its debt position, before February 1, 2006.St. Maarten would place priority on improving social development, for example, in the areas of poverty alleviation, health care and education.St. Maarten would further work out projects entailing the improvement of good governance, which are co-financed by Holland within the framework of the program on governmental renewal. St. Maarten is already carrying out an integrity project, which is to include codes of conduct for civil servants and elected officials.A quick scan of poverty alleviation as conducted by the United Nations Development Program and the World Bank was to be concluded by December 15, 2005.With regards to law and order, funds would be made available for the project security Netherlands Antilles, as a consequence of the protocol signed on January 12, 2005 between the Dutch government and Antillean Ministers. In the constitutional process, St. Maarten as well as the other islands, will have to comply with criteria mentioned in the final declaration of the RTC. So, as we welcome the year 2006, allow me to further elucidate and share some thoughts and perspectives on what lies ahead and what we, as a community, must consider within the framework of preparations for a new constitutional status, that of country St. Maarten. GOOD GOVERNANCE Not surprisingly, mention is also made of good governance with St. Maarten expected to continue on its path of carrying out an integrity project, with among others codes of conduct for civil servants and elected officials. Good governance assures that even the appearance of corruption is minimized, the views of minorities are taken into account and that the voices of the most vulnerable in society are heard, when it comes to the decision-making process. We must therefore place emphasis in having a consorted effort of officials in public office, civil servants and the community as a whole in order to establish principles of good governance and to make it work. My office was, in the past, privileged to present a proposal for a ‘code of conduct' for government officials; today, this is still considered to be of importance within the context of ‘good governance'. Such a code of conduct is necessary for the civil servants as well. Government, including civil servants, ought to recognize changes and respond and/or adapt accordingly.
In light of the aforementioned, a public administration training program is now being provided for members of St. Maarten's governmental apparatus, as part of government's endeavor to upgrade the skills of civil servants and modernize the civil service.
From a global perspective, the demand of citizens for ‘Good Governance' is bringing new standards for public service. There are, for example, demands for quality service, for fair treatment of individuals and groups, for transparency, accountability, communication and participation. The role of the citizen is of utmost importance in the aforementioned. LAW AND ORDER The Dutch government has along with the relevant Antillean ministers initiated the ‘project security Netherlands Antilles'. A substantial amount of funds is to be made available for the project (amounting to 24 million euros in 2006). The project has as goal to reduce crime, in particular the combating of drug trafficking and terrorism. The restructuring of the present immigration policy is also part of this project. The lack of all available means by the federal authorities, to adequately safeguard law and order in the Netherlands Antilles - and as a result on St. Maarten, the right of the St. Maarten public to a safe living environment, brings along that we as citizens of St. Maarten must commit ourselves to an integral approach for the prevention and combating of crime and maintaining a secure and safe living environment. Among such an approach coming from the government of St. Maarten is the setting up of the Soualiga Patrol, which is expected to begin patrolling the streets of Philipsburg in January. Within the framework of combating drug smuggling, a so-called ‘Juliana team' has been established and is now operating at the Princess Juliana International Airport. EDUCATION With education forming a basis for the formal training of people in general, we would do well to start thinking of the role education will have to play, more and more, in developing the minds of our people, particularly the young generation who will tomorrow be entrusted with assuming many other responsibilities both in the public as well as in the private sector. This calls for our considering of a comprehensive education plan, which would specifically address the needs of the country St. Maarten. YOUTH DEVELOPMENT This year, violence in and around St. Maarten's (mainly secondary) schools was, once again, a source of deep concern, as seen from several incidents.The general public expects greater initiatives for a safer community - safer schools in 2006!In an effort to establish more inclusive violence-related policies, programs, and practices, we don't have any other choice but to look into a multi-disciplinary platform on the subject of school violence and facilitate the building of bridges between the community, young people, parents, teachers, educators, policy makers and law enforcement agencies. Our goal should be to assist schools in every district, in designing an individualized safe school plan, creating and maintaining a positive and welcoming school climate, free of drugs, violence, intimidation and fear—an environment strongly supported by the community in which teachers can teach and students can learn.At the same time, we have to look at the number of our young people, who are not living up to their fullest potential. Together with the school community, community councils, the private sector and others we will have to focus on multi-functional community centers, where sports, after school activities and youth recreation would be offered. FINANCE With regards to finance policies, it was also agreed in the final declaration of the Round Table Conference that:The government of St.Maarten would also be charged with drafting a social-economic initiative before January 1, 2006. This entails a plan whereby St. Maarten should have its own plan to improve its public finances and revitalize the economy.The government of St. Maarten would also make proposals to avoid the re-ocurrence of unacceptable debt accumulations and maintain a balanced budget and reach an acceptable debt position.The aforementioned initiatives would have to lead to a restructuring of government's debts as well as a reform of the economic structure and investment climate, aimed at sustainable social-economic development. Both the Netherlands Antilles and the island territory of St. Maarten have yet to determine the exact figures related to mutual debts and tax levies. HEALTH CARE The island territory has played a minimal role, thus far, in regulating health care and public health issues such as health care policy, legislation and supervision. As a country, St. Maarten will have to assume all of these responsibilities. Legislation would be needed to regulate, among others, an insurance structure, policy and structure of essential public health functions and supervision of public health areas, health care and pharmaceuticals. A restructuring may also present an opportunity to address some of the most pressing problems, presently facing health care system. These include health care for the uninsured (those without any form of insurance) and availability of resources, financing of health care as well as the primary health care needs such as fighting infectious diseases. POVERTY ALLEVIATION With the involvement of the World Bank and the United Nations Development Program (UNDP), an integral approach is being sought for poverty alleviation. Based on an analysis, a strategy is to be set up, in accordance with internationals norms (Poverty Reduction Strategy). This approach has the support of government, both on insular as well as central level. Structural reforms need to be revived in order to raise productivity and potential growth and to reduce poverty on a lasting basis. Good industrial relations should, in any case, provide a positive climate for reform, with labor unions and business organizations working together with government to improve economic performance. Raising labor productivity is key to creating jobs and raising the standard of living for all St. Maarteners. For a privileged few with high incomes or the means to do so, paying rents of 600 to 2000 U.S. dollars per month, may not be a big deal. But for the majority of working persons, many with minimum wages, decent housing can certainly be a problem.One way this is addressed is as a result of the recent agreement, terminating the participation of the Dutch NPMNA company in the St. Maarten harbor operations.It was proposed that extra funds derived from that agreement include covering the costs for, among others, 72 affordable, low-income homes, over the course of two years - and the construction of the Belvedere Community Center. TOURISM The concept of sustainable development requires a general rethinking of economic development. It has, rightfully so, raised questions about whether traditional economic development brings greater prosperity and better living conditions in the short term while placing longer-term prosperity and the quality of life of future generations at risk.Sustainable tourism development is premised on the responsibility of government and all stakeholders, in the tourism sector, to ensure long-term prosperity and safeguard the quality of life of future generations. In order to meet the requirements for sustainable tourism development, we need to continue giving direct attention and drafting explicit policies and plans.
Issues of policy-making, planning, management and the participation of the private sector must be addressed in terms of opportunities for action. With the guidance of the tourism master plan, we, here on St. Maarten, should be able to come up with ways and means to improve the quality of the guest experience.
We need not be apprehensive of the future. A quote attributed to the late French author Marcel Proust reminds us that "the real voyage of discovery consists not in seeing new landscapes, but in having new eyes".
As we complete the groundwork for a new country of St. Maarten, let's dare to see things through these new eyes; let's seize the moment to envision a new society, wherein the challenges and shortcomings of the present are transformed into real opportunities for the future. The New Year should then be a period when we, as individual citizens and as a community are encouraged to practice self-reliance, organizing ourselves at all levels in the society - forming a solid partnership between private and public sectors. The task lying ahead is thus to sustain ourselves, so that we can actually obtain separate status. My wife Angela, my children Joaquim and Keshia, as well as all members of my cabinet, join me in extending, to you, and to all of your loved ones, a prosperous, healthy and blessed 2006.
May god bless St. Maarten and the people of St. Maarten.
Franklyn E. Richards, LL.M.
Governor of the Island Territory of St. Maarten
"Peace, peace on earth, good will to men," is perhaps the most glorious and hopeful words in all the scriptures, perhaps the greatest words spoken, even if the full meaning behind the phrase is, too often, overlooked by many.
For Christmas is a time of sharing the message of goodwill and love with family, friends, colleagues and neighbors.
The same goodwill, which for some people is an effort to counter the commercialization of the season.
It is my sincere wish that, as we celebrate this season with our families in true St. Maarten tradition, we find time to think of those who are less fortunate in our society: the homeless and the needy, the senior citizens who may find it difficult to live on their present incomes; the children, who may not be receiving much needed parental guidance, the disadvantaged and the sick.
Let each of us promise ourselves that in some small way we will do something, anything, to bring happiness to them at this time, and throughout the coming year. In so doing, we will be demonstrating that we understand the true meaning of this season.
Christmas is certainly a time for giving, for sharing and for expressing good will to our fellow man. Even though this season is of Christian origin, its message is universal and can be embraced by people of other faiths, as is the case here on St. Maarten.
With that in mind, it is my wish that as a people we use this festive season as a premise to demonstrate, in the most practical ways, goodwill towards each other, to make St. Maarten a place where we can all feel at home.
Allow me to bid a special welcome to all St. Maarteners and friends of St. Maarten who are visiting our shores, at this time, to experience a true St. Maarten Christmas -- reuniting with families and friends, or simply to escape a cold winter elsewhere.
May you all, residents and visitors alike, enjoy this season and share with one another, renewed hope for the future of our ‘sweet St. Maarten land'.
On behalf of my wife Angela, my children Keisha and Joachim, the members of my cabinet and my person, I extend the very best wishes to all of you for a safe and joyous Christmas.
Governor fo the Island Territory of St. Maarten
Great Bay - With regards to the towing of illegally parked vehicles, the Governor of the island territory of St. Maarten hereby makes the following known:
In the past months a lot has been said about the practice whereby towing companies have been towing away vehicles on a constant basis, especially in the Philipsburg area. This practice has been generally condemned by the general public -- the major objection being that the towing companies supposedly have no authorization to act.
The issue is clarified as follows.
In the event of a parked vehicle, the party whose rights are being infringed upon, can demand that the vehicle be immediately removed from the property in question. Two cases are to be distinguished: 1) parking on non public (private) property, 2) parking on public property, particularly on or beside the public roads.
In the event of someone parking on non public (private) property without the consent of the rightful occupant of that property (generally the owner), the rightful occupant can have the vehicle removed, at the expense of the person responsible for the vehicle. If the rightful occupant of the property chooses to hire the services of a towing company to remove the vehicle, then the Law has nothing to do with that.
In the event of someone parking a vehicle on public property, almost always on or beside the public road, towing would be allowed, only if the vehicle is parked in contravention of the Traffic Ordinance. In such an event a towing company cannot just tow away the vehicle.
First, the Police or other authority charged with the enforcement of the Traffic Ordinance (hereto mandated by the pertinent Judicial Authority), has to determine that the law has been infringed upon by making up a ticket (‘proces-verbaal'). Only after the Law has determined the infringement of the Traffic Ordinance, a towing company could tow away the vehicle, however this would be upon explicit request or instruction by the Public Force. The applicable articles of the Traffic Ordinance are articles 13, 19, 117 and 119.
Article 13 notes that drivers of vehicles, when on roads, approaching a crossing, or side street of that road, must leave that section of the road accessible, for all other vehicles coming from another direction, and must stop, before proceeding on the approaching crossing or side road.
Article 19 makes clear that it is prohibited to park a vehicle in a manner which is in violation of parking regulations; in front of an entrance or gateway, without the permission of the owner; where parking meters have been placed by the Local Chief of Police, and in the event that instructions for the use of these meters are not followed; at a distance of less than five meters of a traffic sign indicating the presence of a water hydrant, to be used by the fire department - with the sign consisting of a white square with a red letter "B'" on it.
Article 117, point 1, states that a driver must comply with instructions from a law enforcement officer to stop and, where it concerns a vehicle, to present a driver's license. Point 2 of that same article says that law enforcement personnel have the authority to, if necessary, enter a vehicle for investigative purposes, and to transport the vehicle to a nearby parking space, at the cost of the owner or driver. The driver must comply with cooperating.
Point 3 indicates that in the event that a driver is not available for the vehicle, which is to be removed, the vehicle is to be stored safely.
Article 119, point 1, states that anyone violating articles 6,7,8,9 and 103 faces a prison term of a maximum of two months or a fine of a maximum of five-thousand guilders.
Point 2 mentions that violation of the remaining articles of the ordinance may also result in a prison term of thirty days or a fine of a maximum of three thousand guilders.
Violations such as those in the first point are considered as a felony. Violations such as in point 2 are considered a criminal offense.
In the event that the offense is committed within a year, after another similar offense has been committed, a prison term or fine can be doubled.
To put the aforementioned, regarding public spaces, in terms of ownership and rightful occupancy (compare the explanation regarding private property as mentioned above):
The Public Force (i.e.: the Police, or other public body hereto mandated by the pertinent Judicial Authority) represents the owner of all public spaces (including the roads), and it is the Public Force that has to first determine that a vehicle is parked in a public space in contravention of the Law (Traffic Ordinance). Only after that, can a towing company remove said vehicle, solely upon prior and explicit instruction of the Public Force.
If a towing company tows away a vehicle without the explicit - prior - consent of the owner (in case of private property) or the Public Force (in case of public space, mainly roads), then legally the towing company is committing theft, as described in the Criminal Code of the Netherlands Antilles. In such an event the owner or the person responsible for the vehicle can file a complaint with the Police or the Public Prosecutor, in which case the towing company can be prosecuted. In addition to that, the owner of the vehicle has a civil claim towards the towing company for damages suffered as a result of the illegal towing. Also in the case of an illegally towed vehicle, the respective towing company must return this vehicle to the rightful owner, free of charge.
In a meeting held on Wednesday afternoon (December 21) with the operators of the towing companies on Dutch Sint Maarten, in the presence of Chief Commissioner of Police, Derrick Holiday and Commissioner of the Uniformed Division of Police, Ademar Doran the above was discussed, and all towing companies were in agreement. Therefore, as of today, all towing companies understand that they are not to tow away any vehicle without prior and explicit consent of the owner of the property in question or the Public Force, depending on the situation. Persons whose vehicle has been towed away have the right to file both criminal and civil charges against the towing company in question, should it turn out that they were not illegally parked at the time of towing.
Following the meeting with the representatives of the towing companies this afternoon, immediately thereafter another meeting was held today with the Police (Chief Commissioner Derrick Holiday, Commissioner Ademar Doran and the Head of the Island Control Unit (who also have the authority to enforce the Traffic Ordinance and issue tickets and fines; represented by the Head of that Department, Edward Jacobs) in order to address issues of coordination and execution of tasks, so as to ensure a more efficient and effective enforcement of the Traffic Ordinance.
In the interest of the general public, the Governor will instruct the Police to see to it that no-parking zones are very clearly indicated (as now is not always the case, unfortunately), especially with our residents and tourists in mind.
Sunday, December 25, 2005 is an official holiday (Christmas Day). In keeping with the Law on Shop closure (Publication Sheet 1969, nr. 58), all places of business must be closed on that day. Absolutely no exemptions are granted for businesses to be opened on Christmas day. The aforementioned is not applicable to those businesses mentioned in article 3 of the law on shop closure, i.e. pharmacies, as far as it concerns the sale of medicines and medical products; bars, restaurants; hotels and guesthouses; stores located in hotels, on airport premises and on harbor premises; funeral parlors; gas stations and bakeries selling pastries, milk and milk products.
Monday, December 26, 2005 (Boxing Day) and Sunday, January 1, 2006 (New Year's Day) are public holidays. This means that businesses may open on those days, with employees opting to work on a voluntary basis.
Employers are reminded that they must adhere to the labor laws, as laid down in the labor regulations of July 27, 2000 (Publication Sheet 200, no. 67), on these official holidays.
Employers and business establishments catering to tourists are being advised to consider the official holidays, to be observed, in 2006, when printing information folders and other documents. This could aid in avoiding any inconveniences, which may be experienced by, cruise ship and others visiting the island on those holidays, when shops may be closed for business.
