Government takeover of St. Eustatius (2018)

On February 6, 2018, Dutch Secretary of State, Raymond Knops, of Kingdom Relations announced to take over the government of St. Eustatius. An emergency act to do so was unanimously agreed to by the House of Representatives as well as the Senate earlier that day. It was based on article 132, paragraph 5 of the Dutch Constitution. The Island Council of St. Eustatius was dissolved, and the Deputies and Acting Island Governor were relieved of their duties.

Installation of Dutch government

The day after, Knops appointed as central government commissioner, Mr. Marcolino (Mike) Franco and as deputy commissioner Mr. Mervyn Stegers. As stated on a government website: "The central government commissioner will assume all tasks and powers of the island administration. This state of affairs will continue until the authorities of St Eustatius are capable of performing their duties properly. Only then will new elections be held for an island council, so a new administration can take office." In theory, the Dutch takeover may last until the year 2021

Report of the Committee of Wise Men

The decision to take over the government of St. Eustatius was based on the conclusions of an investigation by a special 'committee of wise men'. The committee consisted of Mr. F.J. Refunjol and Mr. J. Franssen and concluded that the administration of St. Eustatius has set itself outside the legal order: "The administration is characterized by lawlessness and financial mismanagement, but also there is discrimination, intimidation, threats and insults, arbitrariness and power lust." Source (in Dutch) The commission was installed by the minister of Interior and Kingdom Relations in June 2017.

The investigation report "Proximity or distance, a world of difference" (published in Dutch as "Nabijheid of distantie, een wereld van verschil") was presented to the House of Representatives on February 5, 2018. The report has been criticized for the selection of people being interviewed. Many of them are considered to be outsiders, not living on the island or members from the main opposition party (Source).

Government response to the takeover 

In the media, the government of St. Eustatius reacted strongly. Commissioner of Finance, Charles Woodley, called the takeover a hijack of democracy. Why not call an election, he asks in an article on the Caribbean Network website. He also criticizes the Dutch approach when bringing the three islands under Dutch ruling since 2010 (see the blog page About the Dutch Caribbean).

Support from the other islands 

In May 2018,  a majority of the House of Representatives on Curaçao have passed a motion about the way in which the Netherlands has taken control over St. Eustatius by dissolving the Executive Council and the Island Council. The MPs find it objectionable that the inhabitants of the island can not go to the ballot box 'against all democratic principles' in two years and possibly longer, and therefore demand the guarantee of free and democratic elections in the entire kingdom through the motion. Source: http://antilliaansdagblad.com/nieuws-menu/17605-meerder-in-staten-achter-statia

Letter to the United Nations to argue right to self-determination

Complaints about a lack of self-determination were formally put under the attention of the United Nations in 2017. Mr Clyde van Putten, then leader of the PLP party and island counciller and Mr Derrick Simmons, then Commissioner on St. Eustatius, wrote a letter to Mr Peter Thomson, UN General Assembly Chairman about their concerns. See article in St. Maarten's The Daily Herald via Knipselkrant Curacao. 

Present situation

Social Advisory Board

The Government Commissioners are being advised by a so called Social Advisory Board that consists of island inhabitants. It has a advisory function only.

Progress reports 

On a regular basis the Dutch government reports back to Parliament on the status of the takeover. The latest progress report is from May 2020. It lists a status update on twelve items to achieve good governance:

1. Cleaning up population administration
2. Manage various administrations
3. Adjust incorrect and outdated regulations
4. Organize the civil service and provide correct procedures and work instructions 
5. Describe policy frameworks for the public body
6. Put in order supervision and enforcement instruments   
7. Equip the official organization for tasks regarding supervision and enforcement
8.  Implement a multi-year training program for civil servants and politicians [status: implemented, program ends in 2023]
   
9. Digitizing and centralizing financial processes
10. Organize planning and control cycle in accordance with FinBES law (i.e. financial law for the islands Bonaire, St. Eustatius and Saba)
11. Implementing actions Plan of Approach financial management
12. Setting up an audit office [status: completed]    

Elections in 2020

In January 2020 a new central government commissioner and deputy central government commissioner for St. Eustatius were appointed: Mr. Marnix van Rij and his deputy Ms. Alida Francis.

On October 21, 2020, residents of St. Eustatius will go to the polls again. But these elections will only be symbolic. People will elect an Island Council but it will function under the government commissioner. The Dutch government states that it is necessary to do it this way in order to restore normal administrative relations in phases. 

• St. Eustatius: A Sad Story of Failed Opportunities, Disregard, Deception, and Inability by former Island Secretary Mr. Koert Kerkhoff 
• One year after the government takeover in Statia