St. Maarten Private Eye

Much discussion lately about who is a true Saint Maartener, a national an outsider and so forth. Those questions are difficult to answer reason why I am very much in favor of introducing a Belonger status under our new constitution. It stops all the endless discussions as to who is what.

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A belonger status has nothing to do with nationality. Dutch nationals are not automatically belongers but foreign nationals are not automatically excluded from becoming belongers. It is a local immigration status which confers certain important rights, such as the right to vote, to hold elected office in the Island Council (double requirement: Dutch nationality and Belonger status), to own real property without the necessity for a license and to reside in Saint Maarten without immigration restrictions, to work without the requirement of a permit and so on.

Just to give an example of how one can use the status to solve difficult issues. Saint Maarten could introduce a license requirement for non belongers to own real estate. Why? Today, the authorities have no clue by whom all these condos, apartments and homes are owned. It is impossible to tax the anonymous on rental income and thus the residents pay too large a part of the national bill. By introducing a license, we at least know who to send a tax form. Alternatively we could charge the non-Belonger 15% transfer tax against 0% for the Belonger and consider it a one time contribution to the state.

This is what it could look like if we copy it from our neighbors on Anguilla:

1) There shall be an Saint Maarten Belonger Commission (hereinafter referred to as “the Commission”), the composition and functions of which shall, subject to the provisions of this section, be prescribed by law.
(2) For the purposes of this Constitution a person shall be regarded as
belonging to Saint Maarten if that person —
• (a) is a Dutch citizen—
o (i) who was born in Saint Maarten, or if not so born
o (ii) who was adopted in Saint Maarten; or
o (iii) whose father or mother was born in Saint Maarten; or
o (iv) whose father or mother became a Dutch citizen by virtue of having been adopted in Saint Maarten; or
o (v) who is domiciled in Saint Maarten and whose father or mother by virtue of naturalisation while resident in Saint Maarten became a Dutch citizen (or would have done so but for his or her death); or
• (b) is domiciled in Saint Maarten, has been ordinarily resident in Saint Maarten for not less than fifteen years, and has been granted belonger status by the Commission; or
• (c) was born in Saint Maarten of a father or mother who was born in Saint Maarten and who is regarded (or, if deceased, would if alive be regarded) as belonging to Saint Maarten by virtue of this subsection; or
• (d) was born outside Saint Maarten and has satisfied the Commission that his father or mother was born in Saint Maarten and is regarded (or, if deceased, would if alive be regarded) as belonging to Saint Maarten by virtue of this subsection; or
• (e) is the spouse of such a person as is referred to in any of the preceding paragraphs of this subsection and has been married to that person for not less than five years; or
• (f) is the spouse of such a person as is referred to in paragraph (a), (b), (c) or (d) of this subsection, has been married to such a person for not less than three years, and has been granted belonger status by the Commission.

I hope the elected officials read this and think about it.

Rackham

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