Philipsburg:--- The eleven member island council unanimously approved the draft constitution for country St Maarten after an amendment is made to the constitution which is to delete the article roman 7 which deals with the removal of a politician that has been convicted or suspected of a crime.The council first voted on the amendment which was proposed by the executive council to delete article roman 7. Members of island council began debating the draft constitution from 9am on Wednesday while they voted on the constitution just after 9:30pm.
Members of the Democratic Party faction placed much emphasis on the article which they said was sneaked in by government. Some members even alluded that leader of the National Alliance and government probably made a deal with convicted island councilmember Louie Laveist to have the clause inserted in the draft constitution. Constitutional Affairs commissioner William Marlin disputed the allegation saying that the clause was added based on the advice of the legal experts. Marlin said during one of the adjournments he caucused with the leader of the Democratic Party as well as the advisors who told them that it was necessary for the clause to remain in the draft constitution but the executive council was willing to remove the clause in order to prevent any type of speculation that a deal was made between him and Laveist. It must also be noted that Laveist himself proposed that the clause be removed if any member of the council feels it was added because of him.
Leader of the Democratic Party and former commissioner of constitutional affairs Sarah Wescot Williams said there is no need for this clause because every man, woman and child including politicians are protected under the treaty of the human rights as well as in article 28 of the draft constitution.
Marlin further informed the council and in particular island council lady Maria Buncamper Molanus that it is of uttermost importance that the constitution be voted with a two third majority because it is one of the requirements for them to attend the next RTC meeting to change the Kingdom Charter to dissolve the Netherlands Antilles. Marlin said for St. Maarten to do that they must have a draft constitution in place that was approved by a two third majority of the council. He said that Curacao did not meet this criteria as such they are having early elections which would allow the new council to vote on their constitution prior to the next RTC meeting which is scheduled for September 9th. "If we do not have this in place then the constitutional process would have to come to a halt until after elections on September 17th and this would also leave St. Maarten hanging in space come 10/10/10 since provisions are already in place for the smaller islands to become BES islands and Curacao a country within the Kingdom.
The executive council also agrees to hold a PCCA meeting some two weeks from now which would allow members of the public to give their views on the draft constitution, this was based on a request by the members of the Democratic Party namely Sarah Wescot Williams who said leaving out the people would be an injustice to them. Constitutional Affairs commissioner William Marlin explained to the council that St. Maarten already has two sets of English translations but the draft constitutions has several changes since then and the executive council has decided they would only translate the final draft. He said his council has also decided they would have a number of mini-series explaining each article of the constitution. This he said would be done in layman's term so that everyone would have a fair idea as to what the constitution means for them. As for adding all information and discussions on government website as requested by the leader of the Democratic Party Marlin said the executive council has decided to make one general website for government which would have all the different sections and layers of government. He said when that is done then all discussions and signed agreements will be posted on the website on constitutional matters. This he said will serve for those persons interesting in the proceedings or students who are conducting research.
At the debate on Wednesday President of the St. Maarten Pride Foundation and EPIC foundation showed up with a sign saying the beach is our patrimony and it must be protected in the draft constitution. Marlin said discussions were held with the concerned parties namely Jadira Veen and Ruben Thompson and they were informed that the beaches and the environment is already been regulated in the constitution which states public properties will be regulated via an ordinance. Marlin said the beaches will remain public beaches with accessibility to them.
Other issues raised and what members believe should be added to the constitution is "who is a St. Maartener"? Marlin said while St. Maarten does not have the competency of granting passports he does believe that this issue needs more discussion before it is regulated. He suggested that a committee be put in place where St. Maarteners would debate the issue and advice government how to determine who are St. Maarteners. He said when this discussion is raised it opens up a Pandora box because many persons who are from St. Maarten ancestors were born elsewhere.
