Dear Honorable Members of Parliament,
Thank you for allowing us the opportunity to view the budget before debating it. Via these means we would like to draw your attention to the following. We (Citizens, taxpayers, those that provide your salary here on the friendly island of St Maarten) hope that you will take the information and concerns provided by us to heart and use them to make the right decisions when it comes to the budgetary debate that starts on Monday April 8th 2013. You are our elected representatives, and we have some concerns. We turn to you to have these issues addressed in a diligent fashion.
The Dutch law mentions several principles of good governance. These originated from jurisprudence, to set forth a code of conduct for government when dealing with the citizens it serves. In 1994 these principles were codified in the "Algemene wet bestuursrecht and they can be divided into two groups, formal principles and material principles.
Formal principles refer to government's authority to make decisions; this includes the ministries and their departments. A few of these principles that we can mention are 'Legaliteitsbeginsel'. There is no authority without a foundation in the constitution. Parliament you are our guardians of the constitution, it is your duty to see to it that the constitution is upheld!
Another principle is Zorgvuldigheidsbeginsel (art. 3:2 Awb). It basically states that government needs to prepare decisions in a diligent manner. They must take into consideration the proper treatment of the citizens, meticulous research in the facts and interests, it must also follow proper procedure and make sound decisions. While reviewing the draft budget we do not feel that this principle has been met when it comes to the preparation of the budget, our main motivation for stating the above (but not the only one) is that NO accounts have been presented for the last couple of years!
There is Motiveringsbeginsel (art. 3:46 Awb), that states government must motivate her decisions well, facts must be clearly outlined and the motivation needs to be logical and understandable. We also do not feel that this principle has been met, throughout this budget it is clear that policy is lacking and we do not see that money is being wisely allocated. Please note that the Council of Advice shares some of our concerns when it comes to this point.
Rechtszekerheidsbeginsel states that government must formulate her decisions in such a way that citizens know exactly what to expect or what government desires from them. They also need to apply laws and rules in a proper and consistent way. Again we find the budget quite unclear on some of these points. We would like to see concrete plans with proper cost benefit analysis, so that we can plan for your and our children's future.
Also very important is Gelijkheidsbeginsel (art. 1 Grondwet) which clearly commands that Government needs to treat identical cases in an identical way. We feel that the current tax structure and this budget in particular places undue hardship on some segments of the taxpaying community more than others. We feel that there are instances in which this principle is not adhered to. Take for instance the current and future TOT legislation.
Verbod van détournement de pouvoir. (art. 3:3 Awb). A governing body may only use their authority for the purpose it was given for. You (Parliament) represent the people, that is the job you were elected to do. We have concerns, it is your duty to address them! Furthermore the budget and your spending is a tool for upholding the constitution, nothing less, nothing more. So do your job!
Fair-play-beginsel. (art. 2:4 Awb). Government needs to take a neutral position when making decisions and the required transparency and honesty needs to considered. Again we feel that certain segments of the taxpayers (certain businesses) are treated unfairly by our tax code and this budget in particular.
Verbod op détournement de procédure. It is not allowed to take an easier procedure ( a short cut) to a decision if there a procedure that provides more safeguards. We feel that this is the norm and standard in a lot of things done in Parliament and it is clear that this principle was ignored in preparing the draft budget, we expect that you not ignore it when judging the budget. One clear example is the license plate fiasco that will leave a significant dent on the monies expected to be collected.
Vertrouwensbeginsel. Those who have by their authority made a clear promise, that government will take a certain decision, have a right to that decision. We have been promised a lot by successive governments, it is time to make good on these promises, increased compliance, restructured tax system, spending that stimulates the economy. If you all can stand on a stage and make promises then you must be able to stand on that same stage and tell us why those promises never came through.
The material principles relate to the contents of the government. Specialiteitsbeginsel. (art. 3:4 lid 1 Awb) shows that a governing body may only look after those interests that find their respective basis in the law. You are the ones that swore to uphold the constitution, we suggest you do so!
Evenredigheidsbeginsel. (art. 3:4 lid 2 Awb) explains that government needs to make sure that the repercussions of their decisions do not do more harm to a citizens than the perceived benefit to the common good. This principle is plain out being neglected by your current fiscal policies. The policies in place are detrimental to taxpayers, the same taxpayers that provide gainful employment and pay for government including your salaries and benefits!
Vertrouwensbeginsel (materiele rechtszekerheid) shows that a citizen may, in certain circumstances, have faith in proclamations made by governing bodies where concessions are made, but that later cannot be not adhered to by the governing body. Again promises made, promises broken. We as taxpayers want to see results. Made a promise, then keep it, no more excuses, or you should be held liable.
We are sure that these principles are well known to you and that we are preaching to the proverbial choir. There are some serious socio-economic issues that face our young nation and these need to be dealt with post haste. We would like to see that big bright future we were promised on the eve of becoming country. Ahead of you is a difficult task, hopefully you will make the right decision to uphold our constitution for the betterment of all of us that share this island.
We feel that harm has been and is being done to our economy, our society, our credibility and the future for us and our children.
We will refrain right now from making allegations which would accuse you of laziness, grandstanding, lack of transparency, nepotism, conflict of interest, self-enrichment, corruption and general incompetence and are prepared, for now, to give you the benefit of the doubt and attribute all the failures of the last 30 months to growing pains.
From now on please do the right thing when taking action or making decisions, read the constitution as that is what you should be busy upholding and please represent us, that's what you were elected to do. #sxmmovement
Soualiga Social Movement
