THE HAGUE – The Kingdom of the Netherlands has introduced stricter rules governing the independence, confidentiality, and access rights of officials responsible for monitoring government reforms in Sint Maarten.
The changes form part of a Royal Decree signed on July 9, 2026, which revises the cooperation arrangement originally established to supervise government improvement plans in Curaçao and Sint Maarten following the constitutional changes of 2010.
Although Curaçao has now been removed from the arrangement after completing all its action plans, Sint Maarten remains subject to monitoring because several reforms are still outstanding.
The amended rules are intended to strengthen the integrity of the monitoring process while addressing practical concerns encountered during its implementation.
One important change concerns potential conflicts of interest among personnel supporting the progress monitoring committee.
The original arrangement already contained restrictions on secondary employment and other activities undertaken by committee members.
These restrictions were designed to protect the independence of the committee and maintain public confidence in its work.
The new decree extends similar requirements to the committee's secretary and other employees.
Under the revised rules, these officials may not hold secondary positions or engage in other employment that could interfere with the proper performance of their duties, compromise their independence, or undermine confidence in their impartiality.
The explanatory memorandum states that both actual conflicts of interest and the appearance of conflicts of interest must be avoided.
The amendment recognizes that the integrity of a monitoring organization depends not only on the conduct of its formal members but also on the personnel who support its daily activities.
A second change concerns confidentiality.
Previously, the arrangement expressly required the progress monitoring committee to respect the confidentiality provisions applicable to individuals and organizations under local law.
The revised rules extend those obligations to the committee's secretary and employees.
This means that staff members who obtain sensitive information through their work must also comply with the relevant confidentiality requirements.
The change is intended to strengthen safeguards surrounding information collected during the monitoring of government institutions.
Another important amendment concerns access to government buildings, particularly correctional facilities.
Under the cooperation arrangement, the responsible minister must generally provide the monitoring committee and its representatives with access to government buildings when that access is necessary for their duties.
However, the amended decree introduces an exception when access could endanger the safety of the committee.
The provision is particularly relevant to prison inspections.
According to the explanatory memorandum, situations may arise in which serious disturbances or security threats make it unsafe for monitoring officials to enter a correctional institution.
In such circumstances, the prison director must be able to deny access when necessary to protect the safety of the committee.
The amendment refers to Sint Maarten's 1999 Prison Regulations, which authorize prison management to take reasonable measures to maintain or restore safety and order when serious disturbances occur or are threatened.
The new provision does not eliminate the committee's general right of access.
Instead, it establishes a specific safety-related exception intended to prevent monitoring activities from exposing officials to unnecessary danger.
The changes reflect practical lessons learned during the implementation of the cooperation arrangement.
They also come as Sint Maarten continues working on the remaining government improvement plans, which fall under the responsibility of the country's Minister of Justice.
The revised rules seek to ensure that the monitoring process remains independent, confidential, and operationally workable while the outstanding reforms are completed.
The decree also updates an outdated reference to Dutch civil service remuneration regulations, replacing it with the current collective labor agreement for Dutch central government employees.
Together, the amendments demonstrate that the Kingdom's oversight framework is being adjusted not only to reduce administrative burdens but also to address questions of institutional integrity and operational safety.
The Royal Decree was published in the Dutch Official Gazette on July 15, 2026, and entered into force the following day.
The arrangement will continue to apply to Sint Maarten until the remaining action plans have been completed and the framework is formally withdrawn by Royal Decree.