SINT MAARTEN Country of Sint Maarten Land Sint Maarten (Part of the Kingdom of Netherlands) Joined United Nations: 10 December 1945 Human Rights as assured by their constitution Click here Updated 11/18/10
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Philipsburg
37,429 (January 2010 est.)
Sarah Wescot-Williams
Prime Minister since 10 October 2010
The Monarch is hereditary; governor general appointed by the
monarch for a six-year term;
Next scheduled election: None
HEAD OF GOVERNMENT
SELECTION PROCESS
Following legislative elections, the leader of the majority party is
usually elected prime minister by the Staten; election last held 17
September 2010
Next scheduled election: 2014
DECLARATION OF HUMAN RIGHTS
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Mixed black 85%, other 15% (includes Carib Amerindian, white, East Asian)
Roman Catholic 39%, Protestant 27%, Pentecostal 11.6%, none 6.7%, Seventh Day Adventist 6.2%, other 5.4%, Jewish 3.4%, not
reported 0.7% (2001 census)
Parliamentary constituent country within the Kingdom of the Netherlands; full autonomy in internal affairs granted in 2010; Dutch
Government responsible for defense and foreign affairs; Legal system is based on Dutch civil law system with some English common
law influence
Executive: The monarch is hereditary; governor general appointed by the monarch for a six-year term; following legislative elections, the
leader of the majority party is usually elected prime minister by the Staten; election 17 September 2010 (next to be held in 2014)
Legislative: Unicameral States or Staten (15 seats; members elected by popular vote for four year term)
elections: 17 September 2010 (next to be held in 2014)
Judicial: Common Court of Justice, Joint High Court of Justice (judges appointed by the monarch)
English 67.5% (official), Spanish 12.9%, Creole 8.2%, Dutch 4.2% (official), Papiamento 2.2% (a
Spanish-Portuguese-Dutch-English dialect), French 1.5%, other 3.5% (2001 census)
On Sint Maarten, Ancient relics date the island's first settlers, probably Ciboney Indians (a subgroup of Arawaks), back to 3,500
years ago. Then another group of Arawaks migrated from South America's Orinoco basin around 800 A.D. Because of St.
Martin's salt-pans they called it “Sualouiga,” or “Land of Salt.” Mainly a farming and fishing society, the Arawaks lived in villages of
straw-roofed buildings which were strong enough to resist hurricanes. Their tranquil civilization valued artistic and spiritual pursuits.
Their lives were turned upside-down, however, with the descent of the Carib Indians from the same region they had come from. A
warrior nation, the Caribs killed the Arawak men and enslaved the women. When Europeans began to explore the Caribbean,
Carib society had almost completely displaced the Arawaks. In 1493, Christopher Columbus embarked on his second voyage to
the New World. According to legend, Columbus sighted and perhaps anchored at the island of Saint Martin on November 11,
1493, the feast day of Saint Martin of Tours. In his honor, Columbus named the island San Martin. This name was translated to Sint
Maarten (Dutch), Saint-Martin (French) and "Saint Martin" in English. At Columbus's time, St. Martin was populated, if populated
at all, by Carib amerindians. The former Arawaks had been chased by the Caribs coming from the North coast of South America a
short time before the arrival of the Spaniards who followed in Columbus' wake. The English word cannibal is derived from the
Spanish pronunciation for Carib. The Arawaks were agricultural people who fashioned pottery and whose social organization was
headed by hereditary chieftains who derived their power from personal deities called zemis. The Caribs' territory was not
completely conquered until the mid-17th century when most of them perished in the struggle between the French, English, Dutch,
Danes and Spanish for control of the West Indies. The Dutch first began to ply the island's ponds for salt in the 1620s. Despite the
Dutch presence on the island, the Spaniards recaptured St. Martin in 1633 and, one year later, built a fort (now Ft. Amsterdam)
and another artillery battery at Pointe Blanche to assert their claim and control access to Great bay salt pond. The Spaniards
introduced the first African slaves to the area in the 16th century but the main influx of African slaves took place in the 18th century
with the development of Sugarcane plantations by the French Protestants and Dutch. Slavery was abolished in the first half of the
19th century, whereupon on some of their territories the British imported Chinese and East Indians to take the place of slaves. Thus,
St. Martin and the other islands are populated by a mixture of Amerindian, European, African, Indians and Asian peoples. West
Indian cultures such as in St. Martin are, consequently, exceedingly rich and varied. On March 23, 1648, France and the Dutch
Republic agreed to divide the island between their two nations, with the signing of the Treaty of Concordia. Folklore surrounds the
history of the once ever-changing border division between St. Martin and Sint Maarten, and a popular story among locals narrates
that "to divide the island in two sections, [in 1648] the inhabitants were told to choose two walkers, one chosen by the French-
dominated community and the other one by the Dutch-dominated community, who were put back to back in one extreme of the
island, making them walk in opposite directions while stuck to the litoral line, and not allowing them to run. The point where they
eventually met was set as the other extreme of the island, and the subsequently created line was chosen as the frontier, dividing
Saint-Martin from Sint Maarten. Seemingly, the French walker had walked more than his Dutch counterpart (each one earned his
land, respectively, 54 km² and 32 km²). As the first man chose wine as his stimulant prior to the race, while the latter chose Jenever
(Dutch Gin), the difference between such beverages' lightness was said to be the cause of the territorial differences by French locals,
while Dutch locals tended to blame the French walker for running." In 1994, the Kingdom of the Netherlands and France signed the
Franco-Dutch treaty on Saint Martin border controls, which allows for joint Franco-Dutch border controls on so-called "risk
flights". After some delay, the treaty was ratified in November 2006 in the Netherlands, and subsequently entered into force on 1
August 2007. Though the treaty is now in force, its provisions are not yet implemented as the working group specified in the treaty
is not yet installed. St. Martin received the ISO 3166-1 code MF in October 2007. The status of the Dutch side was due to change
to a country within the Kingdom of the Netherlands in December 2008, but this has been postponed to 10 October 2010.[5] It is
expected the Dutch part will also get its own ISO 3166-1 code when the status change goes into effect.
Source: Wikipedia: History of Sint Maarten
The economy of Sint Maarten centers around tourism with nearly four-fifths of the labor force engaged in this sector. Over one
million visitors come to the island each year - 1.3 million in 2008 - with most arriving through the Princess Juliana International
Airport. Cruise ships and yachts also call on Sint Maarten's numerous ports and harbors. No significant agriculture and limited local
fishing means that almost all food must be imported. Energy resources and manufactured goods are also imported. Sint Maarten had
the highest per capita income among the five islands that formerly comprised the Netherlands Antilles.
Source: CIA World Factbook (select Sint Maarten)
The politics of Sint Maarten, a constituent country of the Kingdom of the Netherlands, takes place in a framework of a
parliamentary representative democratic country, whereby the prime minister is the head of government, and of a multi-party
system. Executive power is exercised by the government. Legislative power is vested in both the government and parliament. The
judiciary is independent of the executive and the legislature. Sint Maarten has full autonomy on most matters, with the exceptions
summed up in the Charter for the Kingdom of the Netherlands under the title "Kingdom affairs". The Constitution of Sint Maarten
was ratified in September 2010, and entered into force on 10 October 2010.
Executive power rests with a governor, and a prime minister heads a Cabinet. The governor of Sint Maarten is appointed for a
six-year term by the monarch, and the prime minister and deputy prime minister are elected by the Staten for four-year terms.
Legislative power is shared by the government and the legislature. The legislature or Staten is made up of 21 members elected by
direct, popular vote to serve four-year terms.
Sint Maarten's judicial system, which has mainly been derived from the Dutch system, operates independently of the legislature and
the executive. Jurisdiction, including appeal, lies with the Common Court of Justice of Aruba, Curaçao, Sint Maarten, and of
Bonaire, Sint Eustatius and Saba and the Supreme Court of Justice in the Netherlands.
Source: Wikipedia: Politics of Sint Maarten
None reported.
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)
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None reported.
Transshipment point for South American drugs bound for the US and Europe; money-laundering center
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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2009 Human Rights Report: Netherlands (includes Sint Maarten)
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
The Kingdom of the Netherlands includes the Netherlands (population approximately 16.5 million), the Netherlands Antilles (230,000),
and Aruba (103,000). The Netherlands (the term used to designate the European part of the Kingdom) is a constitutional monarchy with
a bicameral parliamentary legislative system. The country's 12 provincial councils elect a First Chamber; citizens directly elect a Second
Chamber. The most recent general elections, held in 2006, were considered free and fair. A prime minister and a cabinet representing the
governing political parties (traditionally a coalition of at least two major parties) exercise executive authority. Civilian authorities generally
maintained effective control over the security forces.
The Netherlands Antilles and Aruba are largely autonomous, except for foreign policy and defense, which are "Kingdom matters." They
have unicameral parliamentary systems. The Netherlands Antilles held free and fair parliamentary elections in 2006, and Aruba did so on
September 25, 2009. The Kingdom (the term commonly used to designate the governance of all of the territories) is required, according
to its charter, to safeguard fundamental human rights and freedoms, good governance, legal certainty, and the soundness of
administration in all of the territories.
In Aruba and the Netherlands Antilles;
- prison conditions remained substandard in some respects and lengthy pretrial detention was a problem, although authorities took a
number of measures to reduce it.
- Trafficking was a problem in the Netherlands Antilles.
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5 February 2010
Committee on the Elimination of Discrimination against Women
Forty-fifth session
18 January-5 February 2010
Concluding observations of the Committee on the Elimination of Discrimination against Women
The Netherlands (including the Netherland Antilles)
Introduction
2. The Committee expresses its appreciation to the State party for its fifth periodic report. The Committee notes with appreciation the
submission of a separate report by Aruba and of two separate reports by the Netherlands Antilles, which include the additional report it
had requested in its previous concluding observations (CEDAW/C/NLD/CO/4, para. 46) of 2007. The Committee also expresses its
appreciation for the written replies to the list of issues and questions adopted by the pre-session working group. The Committee further
expresses its appreciation for the oral presentation and the clarifications given in response to the questions posed orally by the Committee
but regrets that no answers were provided to some of the questions and that questions raised were not always answered in a clear and
precise manner.
Positive aspects
5. The Committee also welcomes the significant number of initiatives and measures aimed at combating domestic violence in all the
territories of the Kingdom of the Netherlands, including the adoption of the Temporary Domestic Exclusion Order Act in 2009 and the
creation in 2002 of an inter-ministerial working group on domestic violence in the Netherlands Antilles.
Principal areas of concern and recommendations
National machinery and gender mainstreaming
18. The Committee is concerned at the lack of a unified strategy and policy for the implementation of all provisions of the Convention
among the different parts of the Kingdom. While noting the existence of national machineries in the Netherlands Antilles and Aruba, it
expresses concern that they are still anchored at a too low a governmental level. The Committee notes the efforts made by the State
party to improve coordination of the use of gender-mainstreaming strategy in policies and programmes among the ministries. It
expresses concern, however, that assessment of the gender impact of laws and policies and budget analysis in terms of gender remain
limited. The Committee also notes that a consistent policy for promoting equality in contractual arrangements in relation to public
procurement is lacking in the Netherlands.
19. The Committee calls for the development and enactment of a unified, comprehensive and overarching national strategy and policy for
the implementation of the Convention throughout the Kingdom of the Netherlands. The Committee also calls upon the Government of the
Netherlands Antilles on the occasion of the change in its constitutional status to upgrade its national machinery for the advancement of
women and to develop on its own a comprehensive gender-mainstreaming policy. The Committee further encourages the Netherlands to
continue the process of strengthening its national machinery for the advancement of women and to systematize assessment of the
gender impact of legislation and policies and gender budget analysis among the various ministries, as well as to provide an overview of
progress in its next report. The Committee further urges the Netherlands to introduce a consistent scheme for promoting equality in
public contracts.
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Freedom In The World 2007 Report
Overview
The center-right government resigned in June 2006 after an internal dispute involving the immigration minister and Somali-born Member
of Parliament Ayaan Hirsi Ali, a collaborator of slain filmmaker Theo van Gogh. Early elections were held in November, and talks on a
new ruling coalition were ongoing at year’s end. Nine members of a radical Islamic terrorist cell known as the Hofstad group, which had
been linked to Van Gogh’s death, were convicted in March. Also in November, the Netherlands signed an agreement that would break up
the Netherlands Antilles in 2007, granting autonomy to the Caribbean islands of Curacao and St. Maarten and making three smaller
islands Dutch municipalities.
The Netherlands signed an agreement in November granting autonomy to the Caribbean territories of Curacao and St. Maarten. The
islands, which were part of the Netherlands Antilles at the time, would each be self-governing as of July 2007 except in the areas of
defense, law enforcement, and foreign policy. Meanwhile, the smaller islands in the Netherlands Antilles—Bonaire, Saba, and St.
Eustatius—were set to strengthen their Dutch ties by gaining the status of Netherlands municipalities.
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No Reports from Amnesty International mentioning Sint Maarten after exhaustive search of their database. Please forward
any information you may have regarding Amnesty International efforts on behalf of Sint Maarten to the Pax Gaea World
Report editor at the link below
Contact the editor »
No Reports from Human Rights Watch mentioning Sint Maarten after exhaustive search of their database. Please forward
any information you may have regarding Human Rights Watch efforts on behalf of Sint Maarten to the Pax Gaea World
Report editor at the link below
Contact the editor »
“Our Heritage, Inspiring the Future” Message From Prime Minister Sarah Wescot Williams.
Wednesday, 10 November 2010
Philipsburg:--- This Saint Martin/Sint Maarten's Day, November 11, 2010, we of the Southern part of our island celebrate with Saint
Martin under a new constitutional status.
It is the first Saint Martin/Sint Maarten's Day that on the South side of this beautiful nation, we celebrate our joint day as a country,
having achieved country status within the Dutch Kingdom on October 10, 2010.
Indeed, our heritage has surely contributed to the attainment of constitutional change and the much sought after self-government for our
people. From the three islands Windward Islands Territory to becoming an Island Territory ourselves, to a country within the Kingdom
in 2010.
As a people we have much to be proud of. The constitutional change process was inspired by our yearning for a more fulfilling future
for our people.
Having a long history of friend and kinship amongst ourselves, a reputation of kind hospitality, and legendary pride in our nation as we
move forward together as North and South, let us continue to harness the spirit of cooperation for the betterment of all our people.
Let us provide the leadership necessary to do so, based on our shared heritage and continue to inspire tomorrow's generations, as they
look to us to lead the way forward. We have demonstrated time and again, that there is strength in unity and so we must relish the
absence of physical borders and avoid creating mental or political barriers. For North and South, French and Dutch, the times are
challenging, the responsibilities greater yet, but our common heritage remains the buttress to face these challenges head-on.
May God continue to bless our island nation.
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Ombudsman addresses core problems to better serve
Tuesday, 26 October 2010 01:13
DUTCH QUARTER--Ombudsman Nilda Arduin-Lynch has a game plan that will shore up government departments to give better service
to the community. Simply put, she said, "It's better to address core problems in a department than put out ten bush fires."
Speaking to The Daily Herald, Arduin-Lynch said the goal was better service to the community and as a mediator, the Office of the
Ombudsman would work on both ends to see an improvement. "If you fix the problem, in the long run, government and the people will
be better served."
The ombudsman is charged with representing the interests of the public by investigating and addressing complaints reported by
individual citizens against government and its departments.
The ombudsman is also the defender of the Constitution in St. Maarten and can take up matters that are perceived to be in conflict with
that supreme law.
"I know people are anxious to visit the office and file complaints, but it is paramount to have the office set up properly so proper service
could be rendered," said Arduin-Lynch, the first ever ombudsman for St. Maarten.
She is busy looking at a suitable location for the Ombudsman's office that will be convenient and easily accessible to the public. Setting
up the office is much more than just an office space; staff and administration also need to be put in place. "I am working on these things
for the past two weeks and I have also been meeting with stakeholders."
Going digital with a website and the possibility for complaints to be filed online are also being pursued for the office. A similar system
exists in the Netherlands.
Funding to set up the office has already been earmarked from available Dutch money from funding agency USONA. Arduin-Lynch will
meet with the agency this week to discuss the funds.
Arduin-Lynch heads to Curaçao this weekend for a meeting of the Caribbean Ombudsman Association. There, she hopes to get more
insight and network about the successes and challenges of her peers from the Caribbean, Latin America and the United States. The
conference is from October 31 to November 4.
Arduin-Lynch took the oath of office in front of Governor Eugene Holiday during the first ever ceremonial meeting of parliament on
October 10, the day St. Maarten became a country within the Dutch Kingdom.
Chapter V, Article 78(1-2) of the Constitution states there "shall be an ombudsman" charged with "undertaking investigation, if required
to do so or on his own initiative, into the conduct of administrative bodies of the country and of other administrative bodies designated
by national ordinance."
Article 78(3) states parliament appoints the ombudsman for seven years with reappointment possible for a second term. In the case of
Arduin-Lynch as the first Ombudsman, she was appointed by the Island Council six days before country status was attained under a
transition regulation.
Under this same subsection, it states the ombudsman "shall resign either at his own request or when he attains such age as may be
determined by national ordinance."
The Constitution further states the ombudsman may be suspended or dismissed by Parliament in circumstances specified by national
ordinance. Legal position shall be otherwise regulated by national ordinance as will the powers and procedure of the office.
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Judicial training an absolute in curbing violence against women
19 October 2010
Chancellor (ag) Justice Carl Singh says judicial training is an “absolute requirement” in the fight to end violence against women and
according to him, judges and magistrates need to understand the social underpinnings that inform the promulgation of legislation on the
issue.
Training cannot be overemphasized, he said, noting that persons sitting on the bench need to have an awareness of the real life problems
that people experience in their everyday activities. Justice Singh made the comments during the Caribbean launch of the United Nations
Secretary-General’s Unite to End Violence Against Women Campaign in Barbados last week.
The two-day launch in Barbados ended with calls to strengthen the administration of justice, particularly through capacity-building for
members of the judiciary (at all levels); prosecutors and the police - to enhance gender sensitisation and awareness in addressing the
issue of gender-based violence.
Speaking of challenges at home, Justice Singh mentioned two incidents; one of which occurred shortly after sexual reform laws were
passed in the National Assembly. He recalled a magistrate saying that the majority of sexual violations against women in Guyana are as a
result of how young women dress. “…This was a gross embarrassment to have to answer to this kind of ridiculous comment from a
magistrate”, he told the gathering.
He recalled also that another magistrate had refused to hold an in-camera hearing in a sensitive domestic violence matter. Justice Singh
said he sent for the magistrate and was bluntly told that in-camera hearings were “tremendous inconveniences” to his court. Justice
Singh said he cautioned the magistrate that if he was unable to comply with the laws then resignation was the next step. “…Thankfully
he is no longer with us,” he added, but said nothing further of the story.
Justice Singh made the point that it is important for governments across the Caribbean including Guyana to honour the budgets
submitted by the judiciaries. He opined that the fight against domestic violence and sexual abuse can only achieve success if
governments commit to judiciaries the resources that are necessary. This, he said, would ensure that judges and magistrates have the
benefit of the training which will give them the expertise to deal with such matters.
“I would be the first to admit that in judiciaries within the region and elsewhere you have judges and magistrates who are eccentric and
who are insensitive…” he said, noting that this is the kind of callousness that is demonstrated by some members of the judiciary.
Prior to the statements made by Justice Singh a woman’s activist from Trinidad and Tobago spoke of her disgust with a member of the
judiciary in her country who she said openly told an accused during a bestiality trial, “a woman is as easy to get as a box of chicken and
chips”.
The conduct of members of the judiciary and police officers were also scrutinised and calls were made for ongoing training in both
sectors. Jamaica’s Director of Public Prosecutions Paula Llewellyn addressed the issue of the police and their approach to sexual
violence.
She said it is only with integrity, accountability and courage that a good police officer can operate as a professional in any sphere dealing
with any subject matter including violence against women. She stated that some officers are insensitive to the plight of women, noting
that continued training is important.
Llewellyn said there is the other side when women make up with their abusers and “become their strongest defenders”. She said these
women often refuse to assist with police investigations and later go to the courts and beg judges and magistrates to spare their abusers;
she recalled a recent case in Jamaica where a man hired someone to kill his wife. The contract killer later opted out saying the woman
was too beautiful for him to murder her, and after the husband was charged the woman begged the court to spare him – he was
sentenced to 18 months in prison.
She opined that to change the culture to end violence against women, an officer has to build trusting relationships and partnerships with
the community members to address specific problems such as violence against women which often times is unreported and becomes a
silent crime. “The community policing officers have and should continue to focus on women who have been victims of violence so that
specific attention can be placed on solving and eventually eradicating problems that result in social and physical disorder which affect
these women,” she added.
Further, she said women need to assist in the fight against violence that is committed against them and also stand up for themselves. She
said too that if there is no complainant then there is no case, adding that the absence of reporting by female victims hamper police
investigations and strengthen the offender to repeat his actions, thereby perpetuating the cycle of violence.
A call was also made at the Barbados meeting for national parliamentarians throughout the Caribbean to engage as partners in the ‘Unite
to End Violence Against Women’ campaign.
Additionally, the meeting expressed its commitment to solidarity and partnership with women and girls in Haiti to overcome violence,
inequity and injustice.
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Beatrix of the Netherlands
Queen since 30 April 1980
Represented by
Eugene Holiday
Governor General 10 October 2010
None reported.