~"Born Here & Born to Be Here" Legislation to end uncertainty for St. Maarten’s undocumented youth~

PHILIPSBURG:---  In a passionate address to Parliament, Member of Parliament and Leader of the United People’s Party, Omar E.C. Ottley, presented a landmark legislative initiative designed to resolve the legal limbo facing thousands of children born in St. Maarten.

The draft legislation, themed “Born Here & Born to Be Here,” proposes critical amendments to the National Ordinance on admission and expulsion. It aims to formalize the rights of children who, despite being born and raised on the island, remain undocumented and marginalized due to gaps in the current legal framework.

A Crisis of Identity and Opportunity

The urgency of the legislation is underscored by data from a 2020 UNICEF report, which estimates that approximately 20% of the island's child population is undocumented. MP Ottley emphasized that this issue is not about opening the floodgates for general immigration but is strictly focused on children born on St. Maarten soil.

"I realized that every member of Parliament who spoke, the door was cracked open, and everybody wanted to bust through and wanted me to fix every immigration problem. That's not the essence of this article," Ottley clarified during the parliamentary debate. "We are dealing with children born in St. Martin to foreign parents."

Ottley shared real-life examples of the human cost of this bureaucratic invisibility:

• Shemar, a 15-year-old boxer, is unable to represent his country in regional tournaments because he lacks identification.

• Amber, an 18-year-old graduate, was blocked from pursuing higher education in the Netherlands.

• Jean, a 16-year-old who remains undocumented despite his parents working on the island for 15 years, is simply because an employer missed a permit renewal deadline.

The Proposed Solutions

The draft law introduces a two-pronged approach to provide pathways to residency while addressing concerns about "anchor babies" and ensuring parental contribution to society.

1. Educational Consistency Over "Continuous Admission" (Article 3'i ‘i’)
Currently, children born to non-Dutch parents can gain residency at age 16 if they have been "continuously admitted." The proposed amendment lowers this age to 10.

Crucially, it removes the vague requirement of "admission," which often penalizes children for their parents' administrative lapses. Instead, the focus shifts to the child's presence. Ottley explained that this change is "solely based on educational consistency." If a child can prove they have lived and attended school in St. Maarten since birth, they become eligible. "The parent does not affect that," Ottley stated, ensuring children are not punished for the status of their guardians.

2. Rewarding Contribution (Article 3 ‘j’)
To address concerns raised by colleagues, such as MP De Weever's regarding "anchor babies," the legislation imposes a strict requirement on parents. This new pathway grants immediate residency to a child born in St. Maarten only if the parents have fulfilled tax obligations—including income tax and social premiums—for 10 consecutive years before the child's birth.

You have been here, contributed, you made that child, that child will receive immediate residency," Ottley argued. This provision ensures that the law benefits families who are deeply invested in the island's economy and society.

Overcoming Political and Bureaucratic Hurdles

During his presentation, MP Ottley expressed frustration with the lack of available government data and the slow pace of the legislative process. He noted that, while he requested data on stateless versus undocumented populations from the Prime Minister and relevant ministries, the responses were ofOttley also addressed the friction regarding the law's timeline, pushing back against claims that the process was rushed. He highlighted that the draft was sent to the government in September and has been at the Social Economic Council (SER) for over a year.

"I do not play with the people's business," Ottley said, defending the thoroughness of his work. "We take the same money that I work for... and work tirelessly with my staff to create a law."

He urged his colleagues to look past political lines and focus on the legislation's intent. "Today is our official attempt to make the unwritten policy law to ensure that the rights of our children born here are protected."

A Question of Morality

The legislation represents a shift from discretionary ministerial policies to codified law. Ottley noted that while previous ministers have applied unwritten policies to help these children, such discretionary power leaves the youth vulnerable to the whims of changing administrations.

Closing his presentation with a call to conscience, MP Ottley stated, "A nation's morality is revealed by whose suffering it chooses to ignore. I will not be one to ignore the suffering of the people."

PHILIPSBURG:--- During a Question Hour initiated by Member of Parliament Egbert J. Doran, it was confirmed that although Parliament passed a motion proposed by MP Doran calling for monthly financial support for displaced Philipsburg Marketplace vendors based on minimum wage considerations, the relief implemented by the Minister of TEATT, Grisha Heyliger Marten, amounts to 100 guilders per month per vendor through waived fees.

MP Doran’s questions focused on the progress of the Marketplace reconstruction and the situation of displaced vendors who were relocated by the government to facilitate the project. In her responses, Minister Heyliger Marten confirmed that almost 500k guilders have already been paid to the contractor, even though the initial groundbreaking took place about a year and a half ago and construction has not progressed beyond preparatory works. The foundation phase has not yet begun, and a firm completion date cannot be provided.

The Minister maintained that the project remains on track procedurally under the FIDIC Yellow Book framework, despite the absence of active construction.

The contrast highlighted during the Question Hour was clear. The motion passed during the 2025 Budget recognized that displaced vendors were moved by government action and called for meaningful monthly support until they could return to a completed marketplace.

However, during Question Hour, it was confirmed that no stipend or income-replacement support has been implemented. The only relief currently in place is the waiver of vendor fees, translating into 100 guilders per month, despite displaced vendors operating from temporary locations with limited foot traffic and reduced income.

MP Doran also referenced earlier statements by the Minister indicating that she would work with the Ministry of Finance to explore additional financial relief options. During the Question Hour, the Minister stated that she was unable to provide an update on the status of those discussions.

MP Doran raised concerns about how the project's changes were handled.
He explained that when the scope of work or Bill of Quantities is changed, the project is no longer the same as what was initially approved or tendered.

Under the FIDIC Yellow Book, these are considered significant (or material) changes, not minor adjustments. Such changes must be properly reviewed, documented, and formally approved, because they directly affect the project’s cost, schedule, and delivery.

Importantly, if the change is substantial enough to alter the original tender conditions, it should go back out for a new tender to ensure fair competition, transparency, and equal opportunity for all bidders.

According to MP Doran, the Marketplace project had already been approved, signed off on, and contractually secured prior to his departure from office. Instead of proceeding with construction, changes to the scope resulted in delays and displaced vendors being left in prolonged uncertainty, without a clear timeline for when they can return to a functioning marketplace.

PHILIPSBURG:--- In a parliamentary session yesterday, Minister of Finance Marinka Gumbs took the floor to address ongoing concerns surrounding the draft National Ordinance on Basic Payment Accounts. While the Minister presented updates on financial matters, including the much-touted 30.3 million guilder CAPEX loan, her appearance left many questions unanswered and raised eyebrows over the handling of critical issues.
The session, part of Public Meeting No. 11 for the 2024-2025 Parliamentary Year, was marked by delays, adjournments, and a lack of clear direction. Despite the Minister’s claims of progress, including securing funds for housing development and infrastructure upgrades, critics argue that the session exposed glaring inefficiencies in the legislative process and a lack of urgency in addressing pressing financial challenges.

One of the key points of contention was the draft National Ordinance on Basic Payment Accounts, a bill aimed at promoting financial inclusion. While the Minister assured Parliament that the ordinance would close the gap for those excluded from the economic system, her responses to questions about inequality and digital banking services were seen as evasive. Members of Parliament repeatedly pressed for clarity on why certain safeguards, such as explicit wording on lawful registration, were omitted from the draft, leaving banks in a state of uncertainty.
The Minister’s update on the CAPEX loan, while framed as a victory, also drew criticism. The funds, earmarked for projects like the prison completion and land acquisition for housing, were secured at an interest rate of 3.52% over 30 years. While this was presented as a positive step, skeptics questioned whether the government’s priorities align with the immediate needs of the population, particularly as the island grapples with economic challenges.

Further complicating matters, the session revealed a lack of coordination between the Ministry of Finance and the Central Bank. Amendments proposed by MPs were met with feedback from the Central Bank that highlighted errors, redundancies, and unnecessary additions. This back-and-forth has delayed the legislative process, with the Minister now requesting additional time to review revised amendments—a move that some see as yet another example of bureaucratic inefficiency.
The Minister’s handling of questions about digital banking services also came under fire. While she acknowledged the importance of modernization, her insistence that these issues would be addressed in future legislation left many wondering why they were not incorporated into the current draft. This piecemeal approach, critics argue, undermines the government’s commitment to financial inclusion and modernization.

As the session adjourned, it became clear that the road ahead for the draft National Ordinance is fraught with challenges. With the Caribbean Financial Action Task Force’s plenary meeting looming in May 2026, the government faces mounting pressure to demonstrate progress on legislative priorities. However, yesterday’s session did little to inspire confidence in the Minister’s ability to navigate these complexities.
Minister Gumbs may have secured a loan and presented a vision for financial inclusion, but her parliamentary appearance has left many questioning whether her leadership is up to the task. As the island waits for action, the clock is ticking—and patience is wearing thin.

PHILIPSBURG:--- The Police Force of Sint Maarten (KPSM) is investigating an incident that occurred just before 3:30 PM on Front Street during a routine police patrol.
While on patrol, officers observed a dark gray Changan vehicle occupied by four individuals: three males and one female. The car was stopped for control. During the control, one male passenger attempted to flee the scene. He was pursued, later apprehended, and arrested by responding officers on Back Street.
While officers were engaged with the remaining three occupants who stayed at the vehicle, an unknown male, later identified as the owner of the car, approached, entered the vehicle, removed what appeared to be a firearm, and fled the area via the Boardwalk.
Following an intensive search, the suspect was located later that evening. During a subsequent search of his residence, officers discovered and seized a firearm, identified as a ghost gun.
All suspects involved in this incident are currently being held at the police station pending further investigation.
KPSM emphasizes its continued commitment to public safety and urges the community to remain vigilant and to report any suspicious activity to the police.

KPSM Press Release.