PHILIPSBURG:--- In March 2026, a legal advisory prepared by Professor Arjen van Rijn was submitted to the Council of Ministers of Sint Maarten, addressing a critical constitutional issue: the role and limits of the Governor within the country’s governance system.

The advisory was prompted by a January 2026 incident involving administrative decision-making and subsequent actions that raised serious constitutional concerns. At its core, the document examines whether the Governor acted within his legal authority—or whether those actions risked undermining democratic governance.

Background: The Incident That Triggered the Advisory

The issue began with an incident on January 7, 2026, involving disciplinary action against a civil servant. The government imposed an immediate administrative measure, followed by a suspension decision that required formal approval by a national decree.

However, complications arose during the decision-making process:

• The Governor intervened in the Council of Ministers’ proceedings
• The Prime Minister and another minister were reportedly prevented from attending a meeting
• The Governor participated in deliberations with an advisory vote
• The Governor returned and delayed signing the decree, requesting further review

These actions led to confusion over authority and raised questions about whether constitutional boundaries had been crossed.

The Core Constitutional Question

The advisory focuses on a fundamental issue:

What are the legal limits of the Governor’s authority within Sint Maarten’s constitutional framework?

To answer this, the advisory examines the Governor’s dual role and the principle of ministerial responsibility.

The Dual Role of the Governor

The Governor of Sint Maarten operates in two distinct capacities:

1. Constitutional Head of Government (National Role)

In this role, the Governor:

• Represents the King within Sint Maarten
• Forms part of the government together with the ministers
• Acts formally as the head of the executive

However, crucially:

• The Governor has no independent governing authority
• All actions fall under ministerial responsibility
• Ministers—not the Governor—are politically accountable to Parliament

2. Representative of the Kingdom Government (Kingdom Role)

In this capacity, the Governor:

• Safeguards the interests of the Kingdom of the Netherlands
• Ensures compliance with Kingdom law
• May intervene if national decisions conflict with Kingdom interests

This role includes a key power:

• The ability to refuse to sign a decree and escalate it to the Kingdom government

A Fundamental Principle: No Independent Power

A central conclusion of the advisory is:

The Governor does not possess independent decision-making authority within the national government.

Instead, the Governor’s role is limited to:

• Being consulted
• Offering advice
• Providing warnings
• Encouraging reconsideration

But ultimately:

The ministers decide—and the Governor must follow.

This principle is rooted in parliamentary democracy: elected officials must hold power, not appointed representatives.

“No Third Way”: A Critical Doctrine

One of the most important legal conclusions in the advisory is the rejection of a so-called “third role” for the Governor.

The Governor can act only as:

1. Head of government (without independent power), OR
2. Kingdom representative (with escalation powers)

There is no middle ground where the Governor acts as an independent constitutional guardian with autonomous authority.

Allowing such a “third way” would:

• Undermine democratic accountability
• Blur lines of responsibility
• Concentrate unelected power in a non-political office

Historical Context: The Van der Meer Affair

The advisory draws on precedent, particularly the Van der Meer affair, which clarified that:

• The Governor may form opinions and engage in discussion
• But in case of disagreement, ministers have the final say
• The Governor must ultimately “sign at the dotted line”

This historical case reinforces the doctrine that the Governor’s authority is subordinate in national governance matters.

Assessment of the Governor’s Actions in the 2026 Case

The advisory concludes that the Governor exceeded his authority in several ways:

1. Interfering with Ministerial Participation

The Governor informed certain ministers that they could not attend a Council meeting.

• This is problematic because:
  • The Council of Ministers determines its own functioning
  • The Governor has no authority to exclude ministers

2. Participating Actively in Cabinet Deliberations

The Governor attended and engaged in discussions with an advisory vote.

• This is considered inappropriate because:
  • The Governor should remain above political decision-making
  • Active participation risks politicizing the office

3. Influencing Policy Direction

Decisions taken in meetings suggested a shift in policy direction influenced by the Governor.

• This undermines:
  • The political primacy of elected officials
  • The authority of the Prime Minister

Democratic Risks Identified

The advisory warns that such actions pose serious risks:

• Erosion of ministerial responsibility
• Weakening of democratic legitimacy
• Blurring of constitutional roles
• Potential constitutional crisis

A key insight:

The Governor is not democratically accountable, while ministers are. Therefore, the Governor must not take on a political role.

The Proper Use of Governor’s Powers

The advisory clarifies what the Governor should do in contentious situations:

1. Advise and warn ministers
2. Respect ministerial decision-making
3. If necessary, refuse to sign a decree
4. Immediately refer the matter to the Kingdom government

This ensures:

• Legal oversight without undermining democracy
• Clear accountability structures

Resolution of the Case

Eventually, after legal developments:

• A revised decree was submitted
• The Governor signed it
• The proper constitutional procedure was restored

This outcome aligned with the correct legal framework.

Final Conclusions of the Advisory

The advisory reaches a strong and unequivocal conclusion:

• The Governor’s actions exceeded constitutional limits
• They undermined the authority of the Prime Minister and the Council of Ministers
• They were constitutionally and democratically unacceptable

Recommendations

The advisory urges the government to:

• Clearly reaffirm constitutional boundaries
• Engage in dialogue with the Governor
• Prevent recurrence of similar situations
• Protect the primacy of democratic governance

It also warns against allowing precedents that could gradually expand the Governor’s role beyond its legal limits.

Conclusion

This advisory highlights a fundamental tension in constitutional systems that combine local autonomy with Kingdom oversight. While the Governor plays an essential role in safeguarding legal order, that role must remain strictly limited.

The key takeaway is clear:

Democratic authority must remain with elected officials.
The Governor advises, safeguards, and escalates—but does not govern.

Click here to read Professor Van Rijn's advice to Prime Minister Dr. Luc Mercelina.

~The Dawn of a New Era of Care~

CAY HILL:--- On Thursday, March 26^th, St. Maarten Medical Center (SMMC) celebrated the construction of the St. Maarten General Hospital (SMGH) project reaching its highest point of construction. The first section of the roof has been completed, marking a momentous milestone in the construction of the new hospital.

The ceremony brought together key dignitaries, stakeholders, and staff, including Honorable Prime Minister Dr. Luc Mercelina and his wife, SMMC Gynecologist Dr. Patricia Mercelina-Roumans, Honorable Minister of VSA Richinel Brug, Honorable Minister of Justice Nathalie Tackling, CEO of general contractor FINSO, Salvatore Esposito, St. Maarten Trust Fund Program Manager Toyin Jagha and many others who have played pivotal roles in the project’s progress.

The event opened with a heartfelt prayer delivered by Dr. Emiko Bird-Lake, invoking blessings, guidance, and protection for the continued construction journey.

SMMC CEO and Medical Director Dr. Felix Holiday welcomed attendees with an inspiring address emphasizing the power of collaboration behind the SMGH project. “This project is not the vision of one individual, but a collective effort that was carefully designed, collaboratively shaped, and built through the dedication of many people and institutions united by a single mission, to provide high-quality healthcare close to home,” he stated.

Dr. Holiday extended gratitude to the Council of Ministers, past and present, the consortium of lenders, SZV, the St. Maarten Trust Fund, Members of Parliament, SMMC’s neighbors, vendors, the local media, and all stakeholders who have contributed to bringing the new hospital to life. He also commended FINSO and its subcontractors for transforming plans on paper into a structure that will serve as the future home of advanced healthcare for the community.

He also highlighted SMMC’s 450 employees as the institution’s greatest asset, thanking them for their commitment, feedback, enthusiasm, and willingness to grow both personally and professionally.

Minister of VSA Richinel Brug shared passionate words about the significance of the project for the people of St. Maarten and the advancement of healthcare. Mr. Jimmy Challenger, Vice Chair of the Supervisory Council, echoed the sentiments of previous speakers and acknowledged the important groundwork laid by former Supervisory Councils of SMMC. Mr. Salvatore Esposito, CEO of FINSO, expressed appreciation for the strong collaboration with SMMC and the opportunity to help shape a landmark project for the island.

Prime Minister Luc Mercelina delivered closing remarks, stating how near and dear this project is to his heart and reflecting on his years at SMMC as a general surgeon before assuming the office of Prime Minister. He thanked his former colleagues and all hospital staff for their unwavering dedication, emphasizing that the project’s success would not be possible without their continued commitment.

Following the speeches, a small delegation ascended to the roof to hoist flags and ceremonially christen the building with champagne, a longstanding tradition in construction milestones. Guests later gathered for a reception accompanied by live music performed by SMMC employee and musician Cecile Griffith.

SMMC extends its appreciation to the planning and organizing committee, staff volunteers, and vendors for making the event a success. With the highest structural point now reached, the organization looks forward with optimism to the completion of the new hospital and the dawn of a new era of care for St. Maarten, Saba, St. Eustatius, and the wider region.

PHILIPSBURG:--- While St. Maarten stands on the edge of another hurricane season, its leadership appears permanently airborne.

Since taking office, the URSM–PFP–DP–SAM coalition has cultivated a reputation not for governance, but for movement—constant, costly, and questionably productive movement.  Almost weekly travel has become the norm for members of the executive branch, with delegations shuttling overseas under the banner of “meetings” that yield little visible return for the people they serve. Meanwhile, the business of running the country remains neglected, deferred, or outright ignored.

At the center of this dysfunction is a government that seems more preoccupied with internal conflict than national responsibility. The fractures are no longer whispers; they are glaring, public, and paralyzing. Coalition partners openly undermine one another. Ministers feud instead of functioning. Leadership appears absent, or worse, indifferent.

This is not governance. This is disarray.

For the first time since St. Maarten attained its constitutional status on 10/10/10, the Council of Ministers appears so deeply divided that cohesion has become impossible. Policies stall, priorities blur, and accountability evaporates. The result? A government that drifts while the people it was elected to serve are left to endure the consequences.

And endure what they do.

While citizens struggle with rising costs, limited opportunities, and basic service failures, those in power continue to enjoy generous salaries, per diems, and international travel perks. The contrast is stark—and insulting. It paints a picture of leadership detached from reality, insulated from the very hardships it was elected to address.

Parliament, rather than acting as a corrective force, has proven equally complicit. Instead of demanding results, many Members appear content with optics—photo ops, travel, and superficial engagement. Legislative productivity is virtually nonexistent. Not a single transformative law has emerged to improve people's lives or strengthen the country’s foundation.

The silence is deafening. The inaction, inexcusable.

Critical sectors are unraveling. At VROMI, even basic responsibilities—such as garbage collection contracts—have descended into chaos. Infrastructure is neglected. Equipment lies broken. Procurement processes fail. And as hurricane season looms just months away, essential preparations like trench cleaning remain undone.

There is no urgency. No plan. No accountability.

Even more alarming is the absence of a national budget for 2026. A government without a budget is a government without direction—a ship drifting without a compass. Yet Parliament remains eerily relaxed, as if the stakes were not existential.

Because they are.

If a catastrophic hurricane were to strike St. Maarten tomorrow, what would this government do? Scramble? Deflect? Or once again turn outward, cap in hand, seeking assistance that proper governance should have safeguarded against?

The uncomfortable truth is this: St. Maarten is being governed by a coalition that appears more invested in privilege than performance, more focused on appearances than outcomes, and more committed to survival than service.

Leadership is not about travel. It is not about titles or perks. It is about responsibility—especially in moments of uncertainty and risk.

Right now, that responsibility is being abandoned.

And the people of St. Maarten are paying the price.

PHILIPSBURG:--- Sint Maarten Institute for Public Policy Studies (SIPP), where ‘Knowledge is Power’, announces another education development program/ project. Cultivating a more informed population culture or society across Sint Maarten. Through public dialogue, the project aims to increase public knowledge and awareness of Sint Maarten's colonial slavery past. Sponsored by the Slavery Memorial Committee.

To achieve this aim, on Saturday, March 28th, we took a group of secondary school students on an exploration field trip to various historical sites of enslavement. I. e., Diamond Run/ Estate, Mary Fancy Estate, Ebernezer Plantation, Golden Rock Plantation, Industry Plantation, Cul-de-Sac Cemetery, Forth Amsterdam, Salt Warehouse, Salt Factory, Bishop Hill, Belvedere Plantation, Union Farm Plantation, Madam Estate/ Plantation, guided by historical/ cultural heritage orator Jean-Marc, Augusty. Students were enlightened about these sites of enslavement, their timelines, and their significance.



The participating secondary schools were Milton Peter’s College-HAVO/VWO, MAC Comprehensive Secondary Education, The St. Maarten Academy (VSBO), Learning Unlimited Preparatory School, and Sint Maarten Youth Council Association.
In addition, the participating students were asked and encouraged to write and submit an essay on how the field trip experience shaped their understanding and sentiment of this enslavement, as well as noting their perspective on the “spoke” about or offered atonement by the Dutch (in righting the ‘crime against humanity’ wrong). The essays will be reviewed and evaluated by a panel. The 3 top essays will receive a prize and special recognition.
The Project will culminate with a public dialogue on Sint Maarten’s Dutch-colonial slavery past, focusing on its Effect, Legacy, and continuing Impact on the present; addressing atonement proposals aimed at righting the ‘crime against humanity’ wrong and plotting a sustainable way for a more equitable future, or overcoming the historical foundations of systemic inequalities rooted in slavery past and persisting today.