St. Maarten Hosts First Human Rights Conference in Cooperation with Council of Europe

GREAT BAY--The Ministry of Justice, in cooperation with the Council of Europe, hosted St. Maarten’s first Human Rights Conference on Friday, October 9, bringing together representatives of the Council of Europe, Parliament, government, justice institutions, the legal profession, civil society, students and members of the public to discuss human rights protection and the responsibilities of the State.

The conference was held one day before St. Maarten marked its 16th anniversary as a country within the Kingdom of the Netherlands. It also took place ahead of the Kingdom’s upcoming Presidency of the Council of Europe’s Committee of Ministers, scheduled from May to November 2027.

In her keynote address, Minister of Justice Nathalie Tackling emphasized the responsibilities that accompany St. Maarten’s constitutional status and the need for government institutions to acknowledge and address shortcomings in their operations.

“On 10 October 2010 we gained authority over our own affairs, and with it the obligation that comes with any authority: to answer for how it is used,” Minister Tackling stated. “Sixteen years is long enough that we can no longer describe our shortcomings as the growing pains of a young country. They are now ours, and so is the work of fixing them.”

The conference formed part of ongoing engagement between St. Maarten and the Council of Europe concerning compliance with international human rights standards, particularly in relation to detention conditions.

In 2018, the European Court of Human Rights found a violation of the European Convention on Human Rights in the case of Corallo v. the Netherlands, which concerned detention conditions in St. Maarten. The implementation of that judgment subsequently came under enhanced supervision by the Council of Europe’s Committee of Ministers.

In 2025, Minister Tackling became the first St. Maarten Minister of Justice to appear personally before the Committee of Ministers in Strasbourg in connection with the examination of the Corallo judgment. During that appearance, she provided information on the conditions within the detention system, the challenges facing the country and the measures being undertaken to address them.

Reflecting on that engagement, Tackling stressed that international oversight should contribute to improvements in the institutions responsible for protecting fundamental rights.

“If scrutiny produces only a reply to Strasbourg, we have complied. If it changes the institution, strengthens the profession and makes the same failure less likely, we have progressed.”

The Minister linked this approach to the ongoing Detention Sector Reform Program (DSRP), which seeks to address longstanding deficiencies in St. Maarten’s detention system. She explained that the reform effort extends beyond the construction of a new prison and includes improvements to institutional operations, professional standards and the broader management of detention services.

Although detention reform was an important subject, the conference also examined the wider human rights framework applicable to St. Maarten.

Presentations addressed the role of the Council of Europe, the functions of the European Court of Human Rights and the procedures through which its judgments are implemented. Panel discussions also considered human rights issues relevant to the country and the responsibilities of public institutions in protecting those rights.

Minister Tackling emphasized that human rights obligations apply to the daily operations of government, including the treatment of persons in detention, interactions with law enforcement, border procedures and access to protection from public authorities.

She also addressed the relationship between human rights and public safety, maintaining that protecting individual rights and ensuring public security are complementary responsibilities of the State.

The conference concluded a two-day working visit by a Council of Europe delegation to St. Maarten. The visit focused on developments concerning implementation of the Corallo judgment, as well as the Murray judgment and the related Lake decision involving life sentences.

Discussions also considered opportunities for further cooperation between St. Maarten and the Council of Europe, including technical assistance, professional development and institutional capacity building.

During the visit, the delegation met with several institutions, including the Governor, the Minister of Justice, Parliament’s Committee of Justice and the St. Maarten Progress Committee.

The delegation also visited Point Blanche Prison, where discussions were held with prison management and partners involved in the ongoing detention reform process.

Minister Tackling expressed support for continued cooperation with the Council of Europe, particularly in areas where technical expertise, knowledge exchange and institutional support could contribute to improvements in St. Maarten’s justice system.

She further emphasized that while individual countries within the Kingdom have responsibilities for protecting fundamental rights, safeguarding those rights is also a Kingdom responsibility that requires appropriate cooperation and support.

The Ministry of Justice indicated that the conference provided an opportunity to expand public discussion of human rights beyond the reporting and monitoring processes associated with international judgments.

The Ministry intends to continue its engagement with the Council of Europe while advancing reforms intended to strengthen the institutions responsible for upholding human rights and administering justice in St. Maarten.

Concluding her address, Minister Tackling reiterated the importance of accountability in addressing institutional shortcomings.

“When we fall short, our job is not to defend the failure but to correct it.”

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