PHILIPSBURG, Sint Maarten — After 67 years, the Dutch State has finally opened the door for COHO, as well as, the Kingdom Charter to be tested versus international law. On July 4th, 2022, Pro Soualiga received a letter from State Secretary Van Huffelen whereby she intimated that COHO can be subjected to screening.
In said letter, Van Huffelen states that if a conflict exists between a rule of international law with a peremptory character (dwingend karakter) like the right to self-determination and national legislation (COHO), international law takes precedence over such national legislation. In other words, if COHO violates the right of self-determination, which is a peremptory norm (dwingend recht) of the CAS islands from which there is no deviation, then, according to State Secretary Van Huffelen, the peremptory norm of the right of self-determination supersedes the Draft Kingdom Law COHO.
Interestingly, State Secretary Van Huffelen intimated that the Dutch State considers Rijskwet COHO to be “in accordance with the right of self-determination of peoples.” (Bear in mind that in May of 2022, the Court of First Instance struck down an immigration policy because it was not in compliance with the European Human Rights Treaty which is a legal instrument of international law.)
Van Huffelen’s letter of July 4, 2022 should be cause for emergency meetings for the Parliaments of Aruba, Curacao, and St. Maarten. St. Eustatius should be sending a high level delegation to the Netherlands to demand an explanation as to how the “Tijdelijke Wet” can function while they possess the inviolate right to self-determination, while the CAS islands should be asking how can COHO function while their right to self-determination is to be exercised “without outside pressure or interference” according to the Dutch State.
Urgent high level delegations should be dispatched to the Netherlands post haste.
