PHILIPSBURG:--- On March 25, 2026, the Prime Minister of Sint Maarten submitted a comprehensive legal advisory addressing the constitutional role of the Governor. Prepared by Prof. Dr. Arjen van Rijn, this advisory examines recent administrative conflicts to clarify the boundaries of the Governor’s authority. The findings raise critical questions about constitutional limits, ministerial responsibility, and the preservation of democratic principles within the government.
Contextual Background: The January 2026 Incident
The advisory stems from a sequence of events that began on January 7, 2026. An incident occurred involving inappropriate behavior by a civil servant toward the Prime Minister. This civil servant was responsible to the Minister of General Affairs and served as the chief of staff to the Minister of Public Health, Social Development, and Labor (VSA).
In response, the Minister of General Affairs issued immediate disciplinary measures and drafted a national decree for suspension. This draft was submitted to the Governor for signature on January 13.
Rather than signing the decree, the Governor requested an extraordinary meeting of the Council of Ministers on January 16. Citing Article 35, paragraph 1 of the Constitution, the Governor barred the Prime Minister and the Minister of VSA from attending. During this meeting and a subsequent meeting on January 26, the Governor participated in an advisory vote. The acting chair and remaining ministers ultimately decided to revoke the original disciplinary measure. The Governor then returned the unsigned suspension decree to the Prime Minister. On January 27, the Prime Minister resubmitted the decree, urging the Governor to either sign it or forward it to the Kingdom government for review.
Key Constitutional Issues Addressed
The legal advisory highlights several critical issues regarding the separation of powers and the constitutional boundaries of the Governor's office. The core problem lies in the Governor's active intervention in the Council of Ministers' decision-making process.
By excluding the Prime Minister and the Minister of VSA from the meetings and participating directly in the disciplinary decisions, the Governor exceeded established constitutional authority. The advisory asserts that these actions actively undermine the political primacy of the Council of Ministers.
Legal Analysis and Justification
The legal analysis delves into the dual capacity of the Governor. The office functions both as the constitutional head of the Government of Sint Maarten and as the representative of the Kingdom Government. However, this dual role does not grant unlimited power over local administrative matters.
The advisory emphasizes a core democratic principle: the Governor lacks a direct democratic mandate. Therefore, the office must remain above political parties and daily governmental administration. When the Governor actively participates in cabinet meetings—especially while deliberately excluding the Prime Minister—it creates a democratically unacceptable scenario. The legal framework dictates that the ministers bear political responsibility for the government's actions, not the Governor. By driving administrative decisions, the Governor disrupts the division of constitutional responsibilities.
Implications for Sint Maarten's Government
If left unaddressed, the Governor's actions could set a dangerous precedent for future administrations. The advisory warns that this overreach risks destabilizing the established constitutional order.
The situation echoes a previous constitutional conflict from 2015 regarding the dissolution of the Staten. The current advisory notes that if the Governor continues to refuse to sign the suspension decree, the ministers must evaluate whether they can continue to take political responsibility for the Governor's actions. This friction could easily trigger a full constitutional crisis.
Recommendations and Next Steps
To protect the democratic framework of Sint Maarten, the legal advisory outlines several clear recommendations:
Reaffirm Boundaries Through Dialogue
The government must initiate an immediate discussion with the Governor. This dialogue should directly address the constitutional unacceptability of the recent actions and reaffirm the strict boundaries of the Governor's authority.
Define Administrative Limits
The cabinet must work to clearly define and document the limits of the Governor's involvement in administrative and disciplinary matters. This clarity will help prevent similar situations from occurring in the future.
Evaluate Political Responsibility
The Council of Ministers must carefully consider its next steps if the Governor refuses to sign the resubmitted decree. Ministers must decide if they can stand behind the Governor's actions without compromising their own democratic mandates.
Conclusion
The March 2026 legal advisory serves as a vital defense of democratic principles in Sint Maarten. It clearly outlines why the Governor must operate within strict constitutional limits and leave political and administrative decisions to the elected ministers. By following the recommendations to establish clear boundaries through dialogue, the government can resolve the current friction and safeguard the constitutional order for the future.
Click here to read the advice