St. Maarten Private Eye

I have to admit that Gracita did a fine job by pointing out that what we got was not country status as Sarah and William would like us to believe, but then again one has to wonder: does Sarah and William know and understand the true meaning of country status?
Now while I commend Gracita for pointing this nice tom foolery farce from the DP and NA twins, I have to say that I too don't mind the higher supervision.
Do we really want Richard Gibson and Cor Merx running our judicial ministry? Do we really want them and the rest of the crooks to turn a blind eye to our local politicians crooked ways? Do we really want Sarah and William to be the ones choosing prosecutors, judges, and all their biased crooked ways?
Are you kidding? I can see it now, R.Gibson in charge as our Minister of Justice, along with his crooked friend Merx and then Ansari will most definately OWN St.Maarten.
I am in favour of higher supervision, the higher the better and I would have had it on all levels, not only finance and justice.
These cowboys we have here cannot be trusted and the worst part is that the alternative is NA, another set of cowboys.
Unless Gracita can pull more seats to guarantee her party more clout, I see these cowboys ruling and intimidating us for some time.

I agree with the ohlalala tone of disappointment in Gracita's letters and statements albeit for different reasons. The disappointment is about the betrayal of the people. Sint Maarten will not be a real country. Not even close. Sara must have noticed it. She can read. She still signed. That is betrayal and politicians should not do that.

The document itself, although not reflecting the will of the people, is not a disappointment to me. It shouldn't be to Gracita either. It suits me fine and it is the best news we had in years. I like many others on this board realize that Sint Maarten can not handle full country status yet for many reasons. We need a change in mentality first or we will be a cesspit of corruption unmatched in history. The dutchies know it too. That is why they gave us nothing but cosmetics. Sara may now proudly speak about the Country Sint Maarten. She may soon call the Executive council the Council of Ministers and to top it of, the Island Council Members may soon present themselves as the Senators of this nation. But is that the real victory the people were waiting for? No. It is the pretending game. Barney is good at it too.

The people know they are betrayed. Gracita exposed it in no uncertain terms and hammered the last nail in the DP's coffin. It just surprizes me that Sara fell for it. Is she not so smart after all ? Or is it that deep down inside she finds that justice and finances should indeed not be under our own control (yet) ? Whatever it is. Thank you Sara. It suits me just fine.

The EU for example is founded upon cooperation of all those things you mention. Monetary policies, same currency and laws that span borders. I think there is much to be said for this as the world is not getting smaller and such ties tend to strengthen countries and their economies.

It also offers safeguards for democracy and justice. Do you think it would be a good idea to cast off all the lines and set sail with the officers and crew we have right now? Sometimes I wonder if pride and nationalism isn't just being used by some to mask lack of common sense and rational thought on the advantages and benifits of close ties with Holland and the EU. Most of our problems have come from the lousy structure of the NA, not with Holland.

In general I am content with how things are laid out in the New Status, but I have concerns still about an Ombudsman, an independant Police complaints authority and changes within government to ensure transparency and democracy, this includes a Code of Conduct for politicians, parties and funding of same.

Just my thoughts, at this moment...

Flipper

Of course I am not proposing we throw the baby out with the bath water, but let's not get too excited about this until we see all the details.

It sure sounds like a great victory when listening to the glowing descriptions by DP and NA. But Gracita was at the same meetings and yet she returned with a completely different report. Are we to believe Gracita, or this pre-hatched joint response from the Twins (DP and NA).

If we are coming under higher supervision from Holland, then that is not a country status, so let's stop trying to fool the people trying to tell them we are becoming a country (a very small one at that). We have made some progress, but we are a long way from being a country if we do not control even these most basic portfolios as previously mentioned.

SXMObserver

You just have to read what experts like Carlos Dip and other experts on Constitutional Issues write and you know it all. For me their motives is just political. They had many opportunities to change the situation and they did nothing..

(Posted from an email with permission.)

Constitutional Confusion
By: P. Denicio Brison, B.Sc. LL.M.
November 7, 2006

I have just finished going through the “slotverklaring” which sets forth the terms and conditions of St. Maarten’s “Separate Status”. Those of us who voted for independence have been vindicated. We did the right thing. I shall explain at the end of this short article.

First of all, I would like to let those involved in preparing this document know that I understand the hard work and pressure involved in producing these documents at the end of important conferences. I have been there and done that. I will not disrespect your effort. You were no doubt sincere and meant well, and probably did the best you could under the circumstances.

Now on to the “slotverklaring”. This document is extremely dangerous and must be dumped as quickly as following for the following reasons:

St. Maarten gained absolutely nothing from this so-called Separate Status. Contrary to what Mr. Gibson claims in his piece, the debt write-off is a false argument for two reasons: First of all, Separate Status was never presented to us, the buying public, as being about debt relief. As a matter of fact there was never a clear cut reason stated for wanting Separate Status. In the second place, so-called debt relief could have been achieved without Separate Status. But, is there really going to be a debt write-off? I shall come to that shortly. True, the federal government disappeared, but here’s what’s supposed to come in its place. St. Maarten is going to be joined hip, waist and neck to Curacao . Same justice system, same police force, same Central Bank, same higher supervision. This is the same old Netherlands Antilles as we used to know it, only regressed back to the year 1793. No wonder some call it a restructured Netherlands Antilles . Under this agreement we might as well stop holding elections because Holland can now:

1 - Have anyone prosecuted: the governor (who they appoint) can order the prosecutor to investigate anyone, including the Prime Minister of the new so-called Country St. Maarten. He is obliged to follow the governor’s instructions. So much for prosecutorial independence. Holland can give its man in Philipsburg orders to investigate and prosecute anyone they choose, any time they choose.
2 - There will be one prosecutor general for all the five islands, just as before. He will be located in Curacao , just as before, with a “dependence” in St. Maarten, just as before.
3 - New: This prosecutor will be in charge of all the police forces, on all five islands. Policemen can be sent to work on any of the five islands just as before.
4 - The court system remains the same. Any changes are purely cosmetic.
5 - Finances: Holland will have total control over the complete financial operation of all the islands (Saba, Statia, Bonaire, St. Maarten, Curacao ) : preparing the budget, carrying out the budget, and reporting on the budget will fall under them. Every single penny will be scrutinized by them before it is spent and if it does not meet their approval it will not be spent.
6 - A new financial watchdog will be created between now and Separate Status. St. Maarten and Curacao can each appoint a member. Holland will appoint the other four. This watchdog will control the complete financial operation of the government.
7 - After Separate Status this watchdog will renamed “overheidskredietbank”. It will control every single facet of the government budget. Government can only make loans via this institution. It is managed by four members. Two appointed by Holland , with one being the chairman. St. Maarten and Curacao appoint the other two. They might as well stay home, because in the event of a tied vote, the vote of the chairman (appointed by Holland ) is the tiebreaker. End result: Holland firmly in charge of each island's finances.
8 - This watchdog can also ask the Kingdom government to intervene directly into St. Maarten’s (or Curacao ) financial affairs and place it under higher supervision. The kingdom government can also issue direct orders to our government. Something that is unheard of.

Financial Matters and the debt write-off:

This is where the biggest obfuscation will occur. This is also the biggest canard. The way it has been presented by Mr. Richard Gibson is as if Holland is standing by with a 5 billion guilder check to write off our debts in one swell swoop and carry us off to live happily ever after in the land of make belief. Nothing can be further from the truth. The wording of this part of the “slotakkoord” is so cumbersome and complex that it immediately sets off alarm bells. Some skulduggery is going on here. The so-called debt relief is so cloaked in conditions and sub-conditions and clauses intertwined with impenetrable technical jargon, that finding debt relief will prove to be rather illusory. Here is what I could garner from the document after reading it about 5 or 6 times. If you don’t have the patience don’t try and even if you do, there is no guarantee you will be able to penetrate the thick fog

Not all the debt will be paid. Holland has decided (yep, this document has the look and feel of something dictated to a hapless Antillean delegation) that we remain with a part of the debt. The formula states that the amount is “equal to the interest load”. Interest load is the maximum amount the government will be allowed to pay on interest. This formula goes on to say that 5% of the average receipts over three years can be paid in interest. If we assume for argument sake that St. Maarten’s average receipts are about 180 million per year, 5% means 9 million guilders max can be paid in interest in any given year. If we assume the island pays 9% interest on its loans that means that it can remain with a debt of Naf. 100 million ( 9% of 100 million = 9 million for the arithmetically challenged). So you see, this is not a total debt write-off. But it gets even trickier!
In order to get one penny during the period leading up to Separate Status, St. Maarten will have to meet four conditions, chief among them being allowing Holland full and total control over the island’s finances as outlined above. Holland will stop payment the moment they are not satisfied St. Maarten is cooperating fully with its own humiliation.
Holland will send down a team of technical assistants (to live in great luxury at exorbitant salaries) to collect taxes. At least, Holland will pay their salaries.

What this financial control means:

At a time when St. Maarten will be taking on greater financial burdens, it will be placed on a financial diet that will make the IMF and World Bank green with envy. Even if we need an additional 200 civil servants as I have heard bandied about, and it cannot be paid for in the budget it will not happen, which is the way it is supposed to be. But do we have to have someone else do that for us? Surely Holland will never let the European Union handle it finances under any pretext. The conditions imposed are reserved by the World Bank, acting as lender of last resort, to financial basket cases. Here SxM has agreed to draconian measures intended for the absolutely, totally and completely financially destitute nations of the world.

The fundamentals of negotiation:

One fundamental, immutably law of negotiating is this: You cannot negotiate successfully if you do not have something the other party wants, at least as badly as what you want from them. St. Maarten went to Holland to negotiate with absolutely nothing to offer Holland in return. Holland came promising debt relief, even if Holland itself has to borrow the money to offer this so-called debt relief. No wonder St. Maarten got taken to the cleaners. Kim Il Soon of North Korea understands this principle. This is why he tested a nuclear bomb. Now he has something to bargain with. Aruba and Anguilla were in the same position. Stuck with recalcitrant mother countries that refused them Separate Status, they made creative use of violence. Anguilla chased the St. Kitts policemen from their island and instantly got what they wanted. In Aruba , the same thing happened during the riots in 1972. When Holland realized that the next step would be armed confrontation between Aruba and Curacao, Separate Status for Aruba suddenly became possible. Aruba had a powerful tool with which to negotiate, albeit unintentionally arrived at. For the price of peace (that is, not having a violent confrontation with Curacao) Holland was willing to give them Separate Status under, compared to St. Maarten and Curacao , very favorable terms.

Why we independistas were right

Starting from the assumption that we must have something to offer Holland in negotiations about constitutional matters we can conclude that since Holland will desperately love to get rid of us, we can set as a condition for departing, complete debt relief, plus a handsome parting bonus. If on the other hand, Holland is reluctant to let us leave the Kingdom we can again negotiate as near equals, this time with the roles being reversed. Instead of us begging to stay in the Kingdom, they will be asking us to stay. In that event we apply the same logic. Debt relief and more autonomy as the price for remaining in the Kingdom.

The analysis vindicates Gracita's warnings as well.

So it would appear my initial comments are vindicated by Mr. Brison impeccable analysis, although he puts it far more eloquently and comprehensively. But of course, Mr. Brison is a learned scholar of law.

This analysis clearly makes some statements about Sarah's comprehension skills or lack thereof. Either way she signed the government up for something that suits Holland by giving us cosmetic separate status by name but not in form.

Now all you need to do is get the attention of the masses. Surely there will be no takers in the Daily Herald or the Toady.

At least we know the politicians read this web site, so we can be certain they at least know Mr. Brison is awake up to their game and hot on their trail.

I am not convinced those hard working politicians went in completely with their eyes closed when they signed us off on this alarming document. But if they did, shame on them all.

A job well done, thank you for the analysis.

Hooray, finally with some common sense that can actually read Dutch. I am sure Sarah signed this document without even thinking.........

Toezicht, toezicht, toezicht, en nog meer toezicht, en Algemene Maatregelen van Rijksbestuur.

For the sake of bailing out Curacao we get lumbered with Higher Supervision by invitation.

Dem people dumb or not??

Disgusted!!

After the todays Lloyd show with guest Roland Duncan I conclude that we need another talk show program that is not hosted by people like lloyd richardson. We need some people in the media and on the airwaves that is willing to call a spade a spade. They even ignore opinion of people like Carlos Dip in Curacao. Experts on the matter of constitutional affairs. If Duncan was not part of this government you would see the amount of sand he would kick against those that sign the document. What amaze me also is that Lloyd give Duncan carte blanche while he was choking Gracita. But I am proud of her because she stood her ground. Even Curacao is so divided over this document and here we feel it is time to celebrate. Folks these people got to go some way or the other

Holland has dissappointed me to many times to make me believe that higher supervision would be used for the best of our island.

Don't underestimate the power of money ! ! ! !

Higher supervision will only be used if a politician (or the island) does something that is in conflict with the powers in Holland. (See Claude Wathey & Godett)

The politicians that are in power right now in SXM are on great terms with Holland. (Who's doing most of the building?) Their not stupid, they know they can continue doing the things they do as long as they keep Holland happy.

Sure they can 'play' politics in the local papers as long as the Dutch direction is followed.

It does not suprise me that Higher supervision is totally supported by the two parties that are heavily financed by the Dutch builders.

Sint Maarten is now Holland's money making pirate island where there are no rules. The best part is that when things go wrong, they can ride in with a white horse to save the day, as if they are not the ones that started the corrupt problems from the get go.

Holland will never get rid of corruption on the island. It suits them fine. Look at any third world country. Corruption will always be accepted as long as the rich countries profit from it.

disgusted