Constitutional and justice consultation

May 20, 2010 10:00 AM

Justice and constitutional affairs officials of St. Maarten, Curaçao and the Netherlands Antilles discussed how they will work together in areas such as the common court of justice, the prosecutor's office and the joint police facility during a meeting in Curaçao on Monday.

The meeting is a follow-up to the passing of the Kingdom Consensus Laws in the Dutch Second Chamber in April to synchronise how parties will proceed on certain issues, St. Maarten's constitutional affairs Commissioner William Marlin said on Wednesday.

Attending the meeting were Marlin, Curaçao Commissioner David Dick, representing Curacao's Constitutional Affairs Commissioner Zita Jesus-Leito, Justice Minister Magali Jacoba and their advisers.

Marlin was accompanied by Coordinator for Justice for St. Maarten attorney Richard Gibson Sr.

Parties discussed using each other's prison facilities in the event of overcrowding. Marlin explained, for example, that should the prison facilities of Country St. Maarten have a detention capacity problem, agreements would be in place to use Curaçao's facilities. Similar courtesies would be extended to the BES Islands of Bonaire St. Eustatius and Saba.

Draft agreements to this effect are in place, but now that the Kingdom Consensus Laws are in place parties had to discuss how to proceed, Marlin explained.

Parties also discussed how to proceed with consultations of the justice ministers after 10-10-10. Under the current setting tripartite consultations are held among the Netherlands Antilles, Aruba and the Netherlands, but after the constitutional changes these consultations will have to be held among the Netherlands, Aruba and new Countries St. Maarten and Curaçao.

The issue of the Marechaussees was also discussed. The Marechaussees and the Netherlands Antilles have an agreement, which expires in December 2010. If either Country St. Maarten or Country Curaçao wants to continue making use of the Marechaussees, they would have to address this issue in a timely manner to ensure that the necessary arrangements, funding and budget are in place.

Marlin noted that this was an issue he had raised with head of the Marechaussees during a visit to The Hague with local Chief of Police Lt. Governor Franklyn Richards last October.

A report on the implementation of the Brooks Tower Accord was also given by Jacoba, who indicated that there were quite a few approved BTA permits that were still to be collected by applicants.

Marlin said St. Maarten needed to make the necessary provisions to ensure that persons with BTA permits, who under the current labour laws would not qualify for an employment or residence permit, would be able to obtain one. "This needs to be looked at and clarified so it doesn't look like an entrapment," Marlin said.

Also discussed were consensus laws on police and a police training school.

19 May 2010