Comenencia Presents Council of State advice on 70 Years of the Charter

THE HAGUE--On Saturday, September 27, during the Interparliamentary Kingdom Consultation (IPKO), State Councillor of the Kingdom Paul Comenencia presented the advice of the Council of State on the occasion of the seventieth anniversary of the Charter for the Kingdom of the Netherlands.

Comenencia noted that while all parts of the Kingdom are in a better position than in 1954, the world has changed drastically. “When we look back at the Charter today, we must read it differently, because the world is very different now,” he said. He stressed that the Charter remains relevant, offering useful principles and instruments for cooperation.

The advice is guided by two key principles: constructive cooperation and mutual assistance, and contributing to stronger relations and mutual understanding. Based on these principles, the Council of State arrived at nine recommendations:

Base cooperation on local needs and wishes. Do not impose, but respond to what is needed locally. Autonomy should not be used as a reason to reject cooperation. No one is forcing countries at gunpoint, cooperation is voluntary. Be more relaxed about it. Also, ask yourself: how much autonomy can you really achieve, for example during a pandemic when food packages had to be financed by the Netherlands?

• Strengthen good governance. Define together what is meant by good governance and agree on criteria.

• Intensify administrative cooperation between countries, so unilateral intervention by the Kingdom Council of Ministers becomes exceptional. If you work together, “intervention” becomes unnecessary.

• Prioritize cooperation in areas such as education and poverty reduction.

• Explore administrative cooperation between the Caribbean countries themselves. St. Maarten and Curaçao are geographically and culturally closer to each other than to the Netherlands, so there is potential there.

• Reconsider the instrument of consensus Kingdom laws. Past negative experiences have tainted it, but with early involvement of parliaments at all stages, it can work again.

• Promote greater equality among citizens of the Kingdom. Full equality will never be possible, but steps can be taken to give people a stronger sense of belonging. For example, extending voting rights for Dutch nationals in the Caribbean for the Second and First Chamber. Do not underestimate the impact of this.

• Strengthen the position of plenipotentiary ministers in the Kingdom Council of Ministers, but ensure qualified people are appointed.

• Establish a dispute settlement mechanism between the Kingdom and the countries. A proposal has now been submitted, but last October it was not yet there.

Following the presentation, members of Parliament raised questions and shared reflections on the advice.

President of Parliament for St. Maarten Sarah Wescot-Williams asked how the four countries can move forward given the different responses already provided. Comenencia stressed that putting the topic on the agenda is itself an important step and advised that it be kept on future EPCO agendas, as well as pursued through existing channels such as questions to the Kingdom government, the role of plenipotentiary ministers, and access to the Dutch Parliament.

MP Egbert Doran questioned whether extending voting rights was enough, and suggested that each island should instead have one or two representatives in the Dutch chambers. Comenencia replied that this was one option, but the Council’s recommendation was to extend voting rights across the Kingdom, leaving the form of implementation to the countries themselves. “The idea is to create more equality and a greater sense of belonging, whether through our proposal or through yours,” he noted.

MP Faith Bruyning (NSC) asked what changes were needed in the mindset of European Netherlands to achieve equality, beyond amending the Charter on paper. Comenencia responded that Dutch universities should include the Charter and the Caribbean parts of the Kingdom in curricula, and more broadly, Dutch education should give attention to colonial history. At the same time, he urged Caribbean governments themselves to play a more active role in promoting this history in the Netherlands, instead of expecting all attention to come from there.

Other MPs raised concerns about consensus Kingdom laws, the need for parliaments to be fully involved, and the feasibility of a dispute settlement mechanism. Comenencia reiterated that consensus laws must involve parliaments from start to finish, and noted that binding legal rulings already exist under the Kingdom Law on Financial Supervision, which could serve as a model for broader application.

The IPKO, which runs until Monday, September 29, brings together delegations from Aruba, Curaçao, Sint Maarten, and the Netherlands to address shared Kingdom issues, including education, geopolitical developments, ageing populations, and the seventieth anniversary of the Charter.

‍