PHILIPSBURG: ---The Governor’s Symposium held on Friday at the Westin Resort with the theme “Governance, The Value of Checks and Balances” could be viewed as an eye opener for government, foundations and government owned companies.
Besides several speeches there were video clip focusing on the topic at hand. Almost all of the speakers mentioned how important are the media on St. Maarten and the need for more investigative journalism to further investigate things that seems wrong or smells like corruption. The social media which many on St. Maarten criticize were dubbed as being a very important means of getting information to the people, while the people themselves have an opportunity to voice their opinions and even shed more light on certain topics. Another concern shared which the speakers believe should be established and protected is an entity for ‘whistle blowers” that are afraid of giving information to law enforcement or anyone and be guaranteed protection.
Miguel Alexander, zeroed in on the way government set up government owned companies and foundations. Alexander said government basically relinquished their rights when they hand over government owned companies to Supervisory Board of Directors whom he said are appointed by government and can be dismissed by government. “Placing government owned companies the way they are set up now allows them to be governed by private laws and not public law.”
He made clear that members of the supervisory boards of these government owned companies is to supervise and not to micromanage the companies. The management of those company lies with the managing director whom he said sits in the driver’s seat. Persons that are appointed to positions at government owned companies should be persons of integrity.
Alexander said that appointments of members to supervisory boards and management should be done as stipulated by law, meaning that prior to anyone being appointed to any of the positions an advice should be sought and gotten from the Corporate Governance Council which shows responsibility and accountability. Alexander further stated that government distanced itself from the Corporate Governance Council and the council was not even taken seriously and the first Corporate Governance Council was not even given a fair chance even though that council was legally established and the body only serves as an advisory body to government.
Jan Beaujon also placed focus on the way appointments are done and he said that the organizations that are established have to be trusted. Beaujon also made clear that the media has a vital role to play and since St. Maarten is a small community he warned that foreign journalists might be coming to St. Maarten to conduct investigative journalism. He cautioned that persons within the public spectrum should not take offence when they are criticized or highlighted instead these persons should become more transparent. Beaujon said government on the whole should be open and transparent to avoid having the wrong information in public domain
Keynote Speaker for the event Professor Trevor Monroe, the director of integrity action of Jamaica said that government agencies including the police should have a website where people could find information. Information he said must be available to people in order to curb corruption. “There should be openness in government and a free flow of information, a separation of powers, based on the country’s constitution.”
Monroe said that while this is the first time he is visiting St. Maarten he cannot speak too much about what is taking place on the island but generally he said the Caribbean is lacking behind when it comes to transparency and openness and they should place focus on building awareness to eliminate corruption. He felt that every country should get to the point where political parties have to register, submit detailed financing which would help eliminate vote buying and or vote selling. Monroe said that there should also be amount set as to how much political parties could spend on political campaigns, how much donations they received and from whom. He said there must be a deep understanding on the role of the media in society and the respect for ‘freedom of the press”
Monroe said globally for things are much more open, information can be found on websites but in the Caribbean that is not the case. He said based on initiatives he has taken the people of Jamaica has more access to information.
Checks and Balances, A Societal Imperative
Opening Address
By The Governor of Sint Maarten
His Excellency Drs. Eugene B. Holiday
Delivered at the
Governor’s Symposium 2015
“Governance: The Value of Checks And Balances”.
June 19, 2015
Ladies and Gentlemen,
Good Morning,
It is with great pleasure that I welcome you to the fourth annual Governor’s Symposium to deliberate on “Governance: The Value of Checks and Balances”. In the next few minutes I shall develop this symposium’s theme by drawing your attention to the societal imperative of checks and balances.
It is commonly said that ours is a government of the people, by the people and for the people. Some persons would say that, that is what it is supposed to be. Without taking sides I wish to draw your attention to the opening words of the preamble to our constitution and I quote:
“ WE THE PEOPLE OF SINT MAARTEN ....... ........ Declare that we wish to create a constitutional order based on an open and approachable government AND THEREFORE to record these objectives ........, the following provisions shall enjoy the force of law as the constitution of Sint Maarten”. Unquote
I quoted the preamble to emphasize the principal and initiating role of THE PEOPLE in the creation of government. I do so to underscore that our constitution dictates that governance in Sint Maarten must be first and last all about the wishes and interest of the people of Sint Maarten. And to make that happen it is imperative that we as a people, as a society play our respective roles. [IT IS THEREFORE GOOD TO SEE SO MANY OF YOU HERE THIS MORNING]
As Governor, governance as a practice to advance the well-being of the people of Sint Maarten, is the domain of my activities, and it is therefore in keeping with my pledge to uphold our constitution, my aim to foster and encourage excellence in governance in all its facets. It is for this reason and considering the ongoing governance debate on our island that I have chosen the topic of this symposium.
Ladies and Gentlemen,
Governance in its core refers to the way in which our society is managed and controlled by decision-makers and decision-brokers based on formal arrangements as well as on traditions, customs and attitudes. Essential principles in that regard as established in our constitution are: democracy, the rule of law, separation of powers, transparency and accountability. These are important checks and balances principles because they hold within them immeasurable societal value. They do so because they, among others, provide:
a. for the democratic freedoms you and I enjoy;
b. for the protection of our fundamental rights; and
c. for the curtailing of concentration of decision-making powers.
History has taught us that failure of governance through a breakdown of checks and balances invariably results in the weakening and collapse of businesses and countries. And that such situations always come with high costs to the people. It is therefore in our individual and collective interest as a society to guard against such situations. It is in other words a societal imperative to have effective controls i.e., checks and balances through among others functional accountability, transparency and enforcement mechanisms to ensure that decisions are made effectively, efficiently, fairly and with integrity. To further emphasize the need for and value of checks and balances I have paraphrased the words of Thomas Hobbes as follows; checks and balances is a societal imperative not because man is naturally bad, but because man is by nature more individualistic than social.
Checks and balances is as such a societal imperative because it is required to promote and frame decision making to benefit the public good or the interest of the people. It does so because it promotes decision making based on laws, regulations, policies, governing programs and business plans and in doing so it builds trust and confidence of the people in government and the managements of corporations. Such trust and confidence represents significant value to the community because it provides the order and stability required for planning, investments and sustainable development.
Ladies and gentlemen,
As a small young country with a one pillar tourism economy, Sint Maarten is susceptible to the impact of global events and developments over which we have no control. To chart a balanced and sustainable future for our people, it is imperative that we have effective national governance responses. Responses that are anchored in a comprehensive national development strategy that includes well-functioning checks and balances within our governance infrastructure. For at its best governance anchored in checks and balances, is an interactive partnership of trust and confidence between civil society, corporations and government.
Experience has taught us that that partnership is not automatic and that it requires work. And I sure you would agree that we have our fair share of challenges and work to do in that respect. To meet this challenge I invite you to inform yourself about the many forces and complex realities that influence checks and balances in governance.
It is with a view of this ongoing challenge and the societal imperative of checks and balances in mind that I – with the assistance of the Organizing Committee – organized this symposium.
At this symposium regional and national speakers will speak to you, on the value of checks and balances, each from their own perspective. I hope that these speakers will cause you to reexamine how decisions and actions by government, by civil society, by the private sector and by the media have shaped and continue to influence our society. It is my hope that they will inspire and help you to identify opportunities for you to play your role in enhancing checks and balances as a part of our governance infrastructure.
It is against that background and considering the many discussions about governance and checks and balances in newspapers, on radio, television, and social media that I wish to remind you to act on checks and balances as a societal imperative. I do so because I am convinced that it is our obligation to strengthen checks and balances as an essential public, corporate and civil governance pillar for the overall functioning of our society. And to reinforce that I wish to leave you with the following thought:
Imagine
there are no laws, policemen or judges,
there are no shared values, churches or media, and
that there is no government of, for and by the people
Imagine
Ladies and Gentlemen,
With that thought I hereby declare this symposium on “Governance: The Value of Checks and Balances OFFICIALLY OPEN and wish you an enjoyable and fruitful symposium.
Click here to read the full text of the speech given by Miguel Alexander.
Click here to view more photos of the Governor's Symposium 2015
