WILLEMSTAD - This morning, the organizations Igualdat Kòrsou, FOKO, and Human Rights Caribbean sent a letter to Governor Lucille George-Wout, objecting to the consideration of a proposal by Member of Parliament Rennox Calmes. Calmes' proposal seeks to restrict marriage to only between a man and a woman. The discussion was scheduled for this morning in a central committee meeting, but the organizations argue that the Statute requires prior consultation regarding the "opinion of the Kingdom." According to the organizations, this has not been done, and therefore the parliament should not consider the initiative.
In the letter, lawyer David Wever, on behalf of the organizations, expressed urgent concerns over a proposed Initiative Draft National Ordinance to amend the Constitution of Curaçao, submitted by the Member of Parliament. This initiative aims to introduce a new article 12a following article 12, in accordance with article 44 of the Statute.
According to article 44, paragraph 2 of the Statute, any initiative draft proposing amendments to such articles must first seek the opinion of the Government of the Kingdom before it can be considered. Despite this requirement, the Central Committee of Parliament scheduled a discussion on the Initiative.
The Central Committee, responsible for preliminary examination under article 30 of the Rules of Procedure of Parliament, was set to initiate this examination as outlined in article 44, paragraph 2 of the Statute. However, concerns have been raised as the Explanatory Memorandum accompanying the Initiative does not indicate that the opinion of the Government of the Kingdom has been sought.
Furthermore, it has been determined that the initiator of the Initiative has not prepared an additional report addressing the Council of Advice's recommendations. In its advice dated October 3, 2023, the Advisory Counsel explicitly highlighted that the procedure outlined in article 44 of the Statute must be followed.
The lack of mention in the Explanatory Memorandum regarding the Government's opinion, coupled with the unanswered advice from the Advisory Counsel, suggests that the necessary steps for seeking the opinion of the Government of the Kingdom have not been fulfilled. This casts doubt on the thorough preparation of the Initiative itself.
The organizations emphasize that according to the Statute, Parliament should refrain from advancing the Initiative until the opinion of the Government of the Kingdom has been obtained. Therefore, they urgently appeal to authorities to ensure adherence to the Statute and other regulations governing proper legislative processes.
In conclusion, the organizations respectfully yet urgently request that the Members of Parliament refrain from further consideration of the Initiative until the opinion of the Government of the Kingdom has been formally sought and obtained.