THE HAGUE – The Dutch government considers it "undesirable" to involve Aruba, Curaçao, and Sint Maarten in the creation of the new Defense Readiness Act. The government fears that using a Kingdom-wide law (rijkswet) procedure would cause delays. This stance is clear from the explanatory memorandum accompanying the draft legislation. 

The Defense Readiness Act aims to remove obstacles that hinder the military’s ability to maintain heightened readiness. This move is largely driven by security concerns in Western Europe due to Russia’s aggression and the ongoing war in Ukraine. However, the memorandum also highlights that the Caribbean part of the Kingdom faces threats, for example from Venezuela. 

A Kingdom-Wide Defense Force, But Separate Legislation 

The Kingdom of the Netherlands has one unified military force serving all its countries. Maintaining independence and defense is a Kingdom responsibility. However, rules applying only to the military within the European part of the Kingdom—the Netherlands—can be established through regular Dutch law. 

The new law is designed to ensure that the Kingdom’s military is systematically ready to fulfill its primary mission: defending its territory, including the Caribbean countries within the Kingdom. The memorandum emphasizes that protecting the Caribbean parts is part of this mission due to regional threats. 

Despite this, the draft law will not apply in Aruba, Curaçao, Sint Maarten, or the Caribbean public bodies Bonaire, Sint Eustatius, and Saba. The government argues that a Kingdom law (rijkswet) would be inappropriate because it would involve the Caribbean countries in how the Netherlands meets its European and international obligations. Furthermore, such a procedure risks delaying compliance with European deadlines. Therefore, the legislation is limited to the European Netherlands. 

Critical Viewpoints 

Professor Gerhard Hoogers commented critically on the memorandum, calling it an example of circular reasoning. He pointed out that while the military serves the entire Kingdom, the law regulating its readiness is set only for the European part. Thus, the government refuses to use a Kingdom law for defense readiness because it applies solely to European Netherlands—a justification Hoogers sees as logically consistent but lacking substantive argumentation.