Article 60 of the Constitution of Curaçao states that the Parliament can establish rules for an advisory referendum on “a matter of great social importance” through a national ordinance. 

In 2013, I approached the Prime Minister as a member of Parliament regarding the urgent need to implement a referendum ordinance with clear provisions. This ordinance should address crucial questions such as: 

What constitutes a matter of great social importance? 

Changing our constitutional status seems a logical example, but what about other issues? For instance, proposals for the establishment of a state religion or initiatives that aim to restrict the rights of LGBTQ+ individuals, as some groups currently suggest. Should there be limits on what can be put to a referendum? In my opinion, yes. But who should determine that limit? A constitutional court? Unfortunately, we do not have one. 

Who may participate in the referendum? 

What should the minimum voting age be? Should only individuals with Dutch nationality be allowed to vote, and must they have been residents of Curaçao for a certain period? And what about non-Dutch residents who have lived on the island for years—should they also have voting rights? 

When is a referendum valid? 

What should the minimum number of valid votes be for a referendum to be considered valid? 

What should the outcome threshold be? 

What should the required percentage for a winning majority be? Should it be a simple majority, or perhaps two-thirds or even three-quarters of the votes? Should this depend on the seriousness and importance of the issue? 

Despite the significant questions I have raised, we still lack a referendum ordinance, and there has been no discussion about it. There is no political will. Without clear rules, we risk manipulation and misinformation. This is particularly concerning in our current reality, where the influence of the underworld has infiltrated politics. I have rightly often spoken about making our laws and regulations “shouru-proof.” 

Perhaps we resemble Number Two (played by Robert Wagner) from the movie Austin Powers, who says in a casino scene: “I like to live dangerously.” But is that really worth the risk? 

Alex David Rosaria (53) is a freelance consultant active in Asia & Pacific. He is a former Member of Parliament, Minister of Economic Affairs, State Secretary of Finance and UN Implementation Officer in Africa and Central America. He’s from Curaçao and has a MBA from the University of Iowa. (USA).