Philipsburg---26 Sept. 2006--The transition process of dismantling the Netherlands Antilles can start in July 2007, in the opinion of the Dutch Council of State RvSt. However, completing that process could take considerable time.

July 2007, the date for new relations in the Kingdom as agreed on in the Round Table Conference (RTC) in November 2005, is 10 months from now. In its September 18 advice to Dutch Minister of Administrative Reform and Kingdom Relations Atzo Nicolaï and Antillean Prime Minister Emily de Jongh-Elhage, the RvSt stated how tight that was.

The RvSt warned against too much optimism about that target date, but at the same time said it should not just be put aside as non-feasible, because the transition period could start at that time.

However, completing the transition period will be a time-consuming affair, because constitutional changes affect legislation, re-organisation of the administrations and filling in the civil and political functions in the new constellation. The transition period should not take longer than is strictly necessary.

There are great risks to a de facto dismantled Netherlands Antilles without having the legal and organisational structures in place, the RvSt states. A decent and multi-annual transition plan is vital.

The RvSt suggests a government commissioner (“regerings commissaris” in Dutch) supported by a secretariat to be appointed by the Kingdom Council of Ministers. This person, supported by the government secretariat (“regerings commissariaat”), would be in charge of the implementation of the actual dismantling of the Netherlands Antilles, including new laws. He or she has to be a government official who can somewhat “stand above” the parties.

The commissioner needs to have a clear mandate and authority from the Chairman of the Kingdom Council of Ministers, the Dutch Prime Minister. The commissioner would have a budget from which the restructuring plans would be financed, including severance arrangements. The Kingdom Council of Ministers will also set a scheduled time frame for the commissioner.

The RvSt advice concentrates mostly on the position and needed actions of the smaller islands Bonaire, Saba and St. Eustatius. Based on article 52 of the Charter a council (college) would be appointed that would take care of the federal tasks on behalf of these three islands. This college would prepare, in close consultation with the government commissioner, integration of the three islands into the Dutch constitution.

The integration of the three smaller islands, which are seeking direct ties with the Netherlands, would become effective when the changed Charter goes into effect. The RvSt said there was “nothing standing in the way to immediately” appoint this council. A transitional period of about five years was suggested, during which time the islands could make phased choices regarding legislation.

The RvSt is proposing immediate establishment of a so-called Legislation Bank (Wettenbank) of the Netherlands Antilles and the five island territories. This would facilitate a complete overview of all laws that are applicable on July 1, 2007. As of that date, a start can be made to implement the Dutch laws for the three smaller islands.

The council warned that achieving the new statuses for the islands, country status for Curaçao and St. Maarten, and direct ties for the other islands, would be a “considerable, complicated and lengthy operation.” Besides the new laws and regulations, there are also the national debt and the debts of the islands. The RvSt repeated its suggestion to put a government commissioner in charge of this process.

The schematic plan of approach that RvSt has drawn up mentions several actions in four periods: short term, prior to July 2007, soon and on (longer) term. The council for the federal tasks of Bonaire, Saba and St. Eustatius has to be appointed in the short term, as do a government commissioner and secretariat. The Legislation Bank has to be installed. An impact study regarding the relations with the EU and funded by the European Committee should start shortly.

The Kingdom Charter has to be amended before July 2007 and legislation created for the three smaller islands to become public bodies according to article 134 of the Dutch Constitution. By that date the electoral law should also be adapted.

A start should be made shortly with the process to fine-tune legal regulations for the three smaller islands with Dutch laws, as well as an inventory of the necessary adapting of applicable treaties. In this period, the possibility should also be created for the smaller islands to change their EU status.

In (the long) term the Dutch Constitution will have to be adapted to facilitate the changed position of the three islands and the possibility for their citizens to vote for the Dutch Parliament.

Source: thedailyherald.com