WILLEMSTAD – Curaçao Ombudsman Keursly Concincion has given the government and Parliament until October 25 to clarify how they intend to resolve his still incomplete legal employment status, including the absence of a statutory pension arrangement. The issue has remained unresolved since Curaçao became an autonomous country in 2010, even though pension contributions have continued to be deducted from the Ombudsman’s remuneration.
Concincion, who has served as Ombudsman for nearly 11 years, has retained attorney Karly Bertrand to address the matter. Bertrand sent a letter to the government and Curaçao Parliament on September 23 setting out deadlines for resolving the longstanding situation.
The letter calls for the legislative process for a pension arrangement to begin no later than January 1, 2027. The new arrangement should enter into force by June 1, 2027 and apply retroactively to October 10, 2010.
Other employment conditions and entitlements associated with the office of Ombudsman should also be formally regulated by that time.
The legal problem dates back to the constitutional restructuring of the former Netherlands Antilles on October 10, 2010.
Curaçao’s National Ordinance on the Ombudsman refers to the pension scheme for political officeholders of the Netherlands Antilles. However, that pension arrangement was not continued for Curaçao after the constitutional changes, creating a gap in the legislation governing the Ombudsman’s pension rights.
The unusual situation continued even though pension premiums were being deducted.
In 2020, the Curaçao government informed Parliament that pension contributions were in practice being withheld from the Ombudsman’s remuneration and transferred to the General Pension Fund of Curaçao (APC). At the same time, there was no new Curaçao pension arrangement for political officeholders under which the Ombudsman’s pension rights could be properly established.
The government said at the time that draft legislation was being prepared.
Six years later, a complete statutory arrangement has still not been established.
The problem had already attracted formal warnings before then. In February 2017, the Council of Advice told the government that legislation needed to regulate not only the Ombudsman’s remuneration but also the other rights and obligations associated with the position. The advisory body urged the government to deal with the matter expeditiously.
The government subsequently addressed the Ombudsman’s salary. It established remuneration at 7.5 percent above the maximum salary in the highest civil-service pay scale, citing, among other considerations, the Ombudsman’s special position as an independent institution.
The remuneration of the Deputy Ombudsman was subsequently regulated in 2021, but the government acknowledged that a separate arrangement was still required for the remainder of that official’s rights and obligations.
The broader issue surrounding pension rights and other employment conditions nevertheless remained unresolved.
According to Bertrand, Concincion repeatedly raised the matter with the government between 2016 and 2024.
With no definitive solution forthcoming, the Ombudsman has now commissioned an actuary at his own expense to calculate how his pension provision could be regularized. Two possible scenarios have been developed based on the pension arrangements applicable to members of the Curaçao Parliament.
In addition to pension rights, Bertrand is seeking formal regulation of other entitlements associated with the Ombudsman’s position, including expense allowances and provisions covering telephone and representation costs.
The timing has become increasingly important because Concincion’s current term expires on October 27, 2027. His attorney wants the legal situation resolved before he leaves office so there is no uncertainty about the pension rights accumulated during his tenure.
The dispute also raises a broader question concerning the institutional independence of Curaçao’s Ombudsman.
When determining the Ombudsman’s remuneration, the government itself referred to the international Venice Principles, which establish standards intended to protect the independence and effectiveness of Ombudsman institutions. Those principles recognize that the special status and independence of an Ombudsman should also be reflected in remuneration and pension arrangements.
Concincion is now seeking a response from both the government and Parliament by October 25, followed by concrete legislative action in early 2027 rather than another commitment to address a legal gap that has existed since 2010.