THE HAGUE - The Council of State has called for the residents of the Caribbean countries within the Kingdom to feel more equal to those in the Netherlands. The Council emphasizes that all citizens with Dutch nationality should be granted active voting rights for the House of Representatives. Additionally, there is a need for greater representation for appointed ministers in the Kingdom Council of Ministers and more intensive cooperation in areas such as education and poverty alleviation. Prime Minister Dick Schoof has stated that the cabinet is currently reviewing this advice.
December 15 marks the 70th anniversary of the signing of the Charter for the Kingdom of the Netherlands, which establishes the fundamental structure of the Kingdom and the formal relationships between the Netherlands, Aruba, Curaçao, and Sint Maarten. Despite the advantages of collaboration within the Kingdom, the relationship between the Netherlands and the Caribbean countries continues to be characterized by mutual appreciation as well as mistrust.
Spontaneous Recommendations
In a spontaneous advisory document prepared by the Council of State for the anniversary, it is highlighted that the dependence of the Caribbean countries on the Netherlands has only increased since 1954, partly due to complex international developments and the small scale of the islands. As a result, these countries often struggle to independently meet the demands of good governance and human rights. The current tensions within the Kingdom are deeply rooted, stemming from the colonial and slavery past, yet they also present opportunities for improving mutual relations.
The Council of State outlines two guiding principles for the future of the Kingdom: “constructive cooperation and mutual assistance” and “contributing to more balanced relationships and mutual understanding.” According to the Council, improvements are possible without necessitating changes to the Charter or the Constitution. Instead, time and energy should be focused on effectively utilizing existing opportunities.
Inequitable Relations
The Council of State emphasizes that the relationships between the Netherlands and the Caribbean countries are fundamentally unequal. The Netherlands has the upper hand in almost every respect, whether it pertains to population, economy, finance, or governance capacity. This leads to disparities that cannot be fully resolved.
Nevertheless, several measures could help the residents of the Caribbean countries feel more equal to those in the Netherlands. For instance, the Council advocates for granting all residents of the three Caribbean countries with Dutch nationality active voting rights in the House of Representatives. Currently, this only applies to individuals who have lived in the Netherlands for ten years or have worked in public service. Residents of the special municipalities of Bonaire, Sint Eustatius, and Saba already have the right to vote in the House of Representatives.
Additionally, the Council of State calls for strengthening the position of the appointed ministers from Aruba, Curaçao, and Sint Maarten in the Kingdom Council of Ministers. These ministers are tasked with representing their countries in the Council but often stand alone against a majority of Dutch ministers. The Council therefore advises providing these appointed ministers with more opportunities to present their views and express their opinions more effectively.
Education and Poverty Alleviation
The Council of State recommends that cooperation within the Kingdom focus on education and poverty alleviation, aiming to build an active civil society and a well-educated workforce. This is crucial for addressing societal challenges in the Caribbean countries. The small scale of the islands results in limited administrative capacity, making it difficult for the Caribbean countries to independently tackle these challenges. Therefore, there is a need for more intensive cooperation, with the Netherlands primarily playing a supportive role rather than intervening forcefully.
Consensus Kingdom laws and other mutual agreements can also provide a solid foundation for cooperation. However, there is hesitation among the Caribbean countries to utilize the tool of consensus kingdom legislation, as the Dutch authorities are often perceived as too dominant. The Council thus advises establishing agreements that ensure the involvement and consensus of the Caribbean countries during the legislative process, thereby honoring the principles of equality and mutual understanding.
Dispute Resolution
The Council of State's advice also highlights the need for a dispute resolution mechanism between the countries and the Kingdom. Although the Charter has included an obligation since 2010 to establish a resolution system for disputes, such a mechanism is still lacking. The design of this system has been a topic of discussion for many years.
The Council of State advocates for renewed energy in establishing this dispute resolution mechanism, so that certain administrative disputes between the Kingdom and the countries can be resolved by an independent body.
The Advisory Division of the Council of State of the Kingdom has prepared this advice by engaging in discussions with various stakeholders, including the Governors and Advisory Councils of Aruba, Curaçao, and Sint Maarten, as well as former officials and scholars. The goal is to move forward constructively and strengthen cooperation within the Kingdom based on mutual understanding and respect.