PHILIPSBURG:--- In an in-depth radio interview on Thursday morning, Member of Parliament (MP) Sjamira Roseburg provided a thorough analysis of the contentious appointment process for the new chairman of the Central Bank of Curaçao and Sint Maarten (CBCS) Supervisory Board. Leveraging her decade of experience as an attorney, Roseburg unpacked the legal nuances of the situation, calling for a return to procedure, good governance, and transparent communication.
A Lawyer's Perspective on the Law
MP Roseburg began by framing her position through a legal lens, stating, "I will always use my legal background to guide me." She emphasized that while laws can be debated, some procedures are clear and binding. At the core of her argument is the Central Bank's charter, which she believes lays out a specific, multi-step process for appointing a chairman to safeguard the institution from political interference.
She detailed this process:
- Recommendation: The Supervisory Board itself must first make recommendations.
- Nomination: Based on these recommendations, a formal nomination is made.
- Joint Appointment: Finally, the countries of Curaçao and Sint Maarten jointly appoint the candidate.
Roseburg explained the rationale behind this structure: to ensure the board is composed of independent experts with diverse profiles, thereby protecting the integrity of the Central Bank. "You don't want someone in your company that has maybe affiliation with other people... you want to secure the core business," she noted.
The Issue of the Temporary Board
A critical point raised by Roseburg is the current composition of the Supervisory Board, which consists of five temporary members. She questioned why these members have remained in a temporary state since their court-mandated appointment in 2021 and what the current Minister of Finance plans to do about their status.
Roseburg traced the history, explaining that progress was stalled due to the need for legislative amendments related to screening laws, which were finalized in late 2023. While the previous minister could have acted, the matter now falls to the current administration. "Before we go to the chairmanship," she argued, "what is going to be done with those members?"
She insisted that the government must decide whether to make these members permanent or replace them. "With the same urgency that is very important to have a chairman, we should have the same urgency in appointing the temporary members," she asserted.
Addressing the "Five-Sixths" Requirement
Roseburg also addressed the argument that the board cannot proceed because it lacks the required "five-sixths" (5/6) majority of its full seven members. She offered a different interpretation, suggesting the focus should be on the principle of majority consent rather than a rigid number. "If you have four of the five members...all the members that fully agree, what's the issue then?" she questioned, indicating her belief that a path forward is legally possible if handled correctly.
Communication Breakdown and Proposed Solutions
A major concern for the MP is the apparent disconnect between the Ministry of Finance and the CBCS Supervisory Board. She condemned the trend of institutions communicating through the media, which creates public confusion. "If there is any misunderstanding or there is no communication, then you need to go back to the table and communicate," she advised.
To resolve the impasse, Roseburg suggested bringing in a neutral third party. "Let me have a corporate specialist look at this matter," she proposed, suggesting a lawyer from Aruba or the Netherlands to "avoid all the bias" and provide an independent, legally sound recommendation on the correct procedure to follow.
On the Candidate and the Minister's Actions
While Roseburg is pleased to see the Minister of Finance take initiative in securing a chairman for Sint Maarten, she cautioned that the process must align with the law. She clarified that her issue is not with the chosen candidate but with the procedure. "What I'm not happy with is the fact that how we are looking at the law," she stated, emphasizing that a chairman from Sint Maarten does not give the country "full control" but rather a role within a collaborative board.
Regarding the candidate, Mr. Jairo Bloem, Roseburg was candid when speaking publicly on the matter. "I wouldn't have done it personally," she said. She believes a proposed candidate should remain unbiased and avoid getting involved in the political arena to maintain the perception of independence crucial for the role.
Ultimately, MP Roseburg called for all parties to step back from political maneuvering and focus on the law. "Let's make sure that at least with two topics let's not play politics: let's use GEBE and let's for now use the Central Bank," she urged. Her message was clear: the stability and integrity of the Central Bank are paramount, and the only way to protect them is by following the established rules for the benefit of all people of Sint Maarten.
