PHILIPSBURG:--- On September 9, 2025, His Excellency Governor Ajamu G. Baly delivered a sobering address for the opening of the new parliamentary year, laying bare the significant challenges threatening public safety and the rule of law in Sint Maarten. While the speech covered a broad range of governmental policies, its frank assessment of the justice system revealed a sector under immense pressure, grappling with systemic failures that demand immediate and decisive action.
Prison System at a Breaking Point
One of the most alarming points raised by the Governor was the state of the prison system. He described a justice chain under "significant pressure," primarily due to a severe shortage of detention capacity and an insufficient number of prison guards. This critical situation directly impacts public safety and poses a real risk of undoing any positive developments achieved elsewhere.
While progress is being made on the construction of a new correctional facility, the benefits are medium to long-term. The immediate crisis remains. The Governor stressed that without urgent measures, the current situation is unsustainable, signaling that the government is in advanced discussions with Kingdom partners to find a remedy.
Law Enforcement and Border Control Gaps
The challenges extend to the Sint Maarten Police Force (KPSM) and the Immigration and Border Protection Services (IBPS). While investments are planned for new police vehicles and facility refurbishments, the Governor emphasized that enforcement alone are not enough. He called for greater interministerial cooperation to tackle complex issues like youth crime and the exploitation of labor laws, acknowledging that these problems require a coordinated response.
A significant vulnerability highlighted was the continued absence of legislation for Passenger Name Record (PNR) and Advance Passenger Information (API) data. This gap critically hinders the full implementation of automated border control, weakening the nation's ability to monitor who is entering and leaving. This legislative delay directly impacts on national security and the efficiency of border management.
The Fight Against Organized Crime and Human Trafficking
The Governor’s address also shed light on the nation's struggle against organized crime and human trafficking. The mutual evaluation report from the Caribbean Financial Action Task Force (CFATF) delivered unfavorable results, assessing Sint Maarten as having "low effectiveness" in combating money laundering and terrorism financing. This raises the serious risk of the country being placed on a list of jurisdictions under increased monitoring, which could have severe economic consequences.
On a related front, efforts to combat human trafficking are being strengthened with the reinstatement of the anti-trafficking bureau, now named the National Reporting Center (NRC). This initiative aims to improve coordination and move Sint Maarten from Tier 3 to Tier 2 in the U.S. Trafficking in Persons Report. However, the effectiveness of these measures relies on a fully functional and well-resourced justice chain.
A Call for Urgent, Collaborative Reform
Throughout his speech, Governor Baly underscored that these are not isolated issues but interconnected failures within the broader justice system. From inadequate prison facilities and legislative gaps in border control to deficiencies in combating financial crime, the message was clear: the system is failing to keep pace with the nation's needs.
The Governor’s call to action was unequivocal. He urged for decisive action, structural reforms, and enhanced cooperation between ministries and with civil society. Addressing these deep-seated justice failures is not just a matter of policy—it is essential for ensuring public safety, maintaining social stability, and upholding the rule of law in Sint Maarten. The time for discussion is over; the time for committed action is now.
