PHILIPSBURG, Sint Maarten — On October 10th, 2022, Pro Soualiga delivered a report entitled “The Jus Cogens Right to Self-Determination As The Finalization Of Decolonization” based on twelve questions posed by the Vice Chair of the Decolonization Committee (CCAD) MP Grish Heyliger-Marten. MP Heyliger-Marten posed some pertinent questions to Pro Soualiga regarding our jus cogens or peremptory right to self-determination from which there is no deviation.
Based on extensive research and empirical evidence, Pro Soualiga was able to clarify that Articles 2, 44, 50, and 51 of the Kingdom Charter should be screened by an independent body in order to ascertain whether they violate our peremptory right to self-determination.
In July of 2022, the State Secretary affirmed that “In case of a conflict between a rule of international law with a peremptory character (i.e. the right to self-determination) and national legislation (i.e. Rijkswetten, Aanwijzingen, Koninklijke Besluiten, Algemene Maatregelen van Rijksbestuur etc.), international law takes precedence over such national legislation.
”The Dutch State further declared via its Written Statement of 2018 to the International Court of Justice that “..decisions on the political status and the economic, social and cultural developments are made by the people itself, or its legitimate representatives, not by others. Moreover, such decisions shall be made in full freedom, without any outside pressure or interference.”
The answer that Parliament must now seek from the Kingdom Council of Ministers is if St. Maarten has the “jus cogens” or peremptory right to make its own decisions regarding its economic, social and cultural development without any outside pressure or interference, how can the Dutch State appoint a governor on St. Maarten? How can Articles 44, 50, and 51 of the Kingdom Charter continue to function?
