PHILIPSBURG:--- On December 22, 1955, which is exactly 66 years ago today, and also exactly one week after the United Nations adopted Resolution 945X on December 15, 1955, former Minister of Foreign Affairs, Mr.Joseph Luns, appeared before the Dutch Second Chamber. In a somewhat triumphant tone, he gave an account of events at the UN leading up to the adoption of Resolution 945X. He rejoiced at the position taken by Brazil, which had sponsored the Netherlands at the United Nations, and informed his listeners that the United Nations had recognized that both parts of the Kingdom (Surinam and the Netherlands Antilles) “had completed their emancipation process”. He further stated that “in wide circles, there was confidence in the policy pursued by the Netherlands in that regard.”
The “Schonheitsfehler ”
In his remarks, Mr. Luns regretted that there was a “ beauty spoiler” clinging to Resolution 945X. He used the German word, “Schonheitsfehler”. An observant MP, Mr. Lemaire, had detected it. It was the amendment by Uruguay which stated: “Bearing in mind, the competence of the General Assembly to decide whether or not a Non-Self-Governing Territory has attained the full measure of self-government referred to in Chapter XI of the Charter of the United Nations”. Not only did Uruguay submit this amendment, but it explained why it had done so: “the representative of Uruguay had explained that he submitted this amendment because the Netherlands Antilles and Surinam were still not fully self governing. The amendment was intended to offer the peoples of the Netherlands Antilles and Surinam a safeguard, an opportunity of coming at a later date to knock at the door of the United Nations, should the need arise”. It should now be obvious why Mr. Luns found this amendment so distasteful.
Mr. Luns was at the meeting at the UN, and he surely must have heard this explanation because he also told the Second Chamber that the Netherlands did not agree with this amendment and had voted against. It was passed anyway, not once, but twice; once in committee and again in the plenary session by the General Assembly and ultimately found its way into the final draft of Resolution 945X. It thus became the “Schonheitsfehler” Mr. Luns so regretted.
Conclusion
Thanks to this “beauty spoiler”, the Islands of the former Netherlands Antilles have never been decolonized according to International Law as reflected in the United Nations Charter. They have an open invitation to “knock at the door of the United Nations, should the need arise”. They, therefore, can request the government of the Netherlands to bring to this failed decolonization to the attention of the United Nations General Assembly which has sole authority to decide on these matters. The Government of the Netherlands should also point out the fact that the islands have been erroneously excluded from the NSGT’s list. Together with the islands and under UN supervision, the deficiencies in the Kingdom Charter should be corrected. We know exactly what those deficiencies are as the members repeatedly pointed them out during the debate at the United Nations. Those deficiencies provoked the Uruguay amendment. Once the Kingdom Charter has been corrected, the islands can proceed to their rapid and complete decolonization in accordance with the UN Charter and as espoused by the Kingdom in its “Written Statement” to the International Court of Justice on February 27, 2018.
Pro Soualiga Foundation
