Map of the Kingdom of the Netherlands. The Netherlands and the Caribbean islands are in the same scale.

The Dissolution of the Netherlands Antilles was planned to occur in December 2008, but has been put off to 10 October 2010. The Netherlands Antilles are a series of Caribbean islands which form an autonomous part of the Kingdom of the Netherlands.

[edit] History

The idea of the Netherlands Antilles as a state never enjoyed full support of all islands and political relations between islands were often strained. After a long struggle, Aruba seceded from the Netherlands Antilles in 1986, and formed its own state within the Kingdom of the Netherlands. The desire for secession has also been strong in Sint Maarten. In 2004 a commission of the governments of the Netherlands Antilles and the Netherlands reported on a future status for the Netherlands Antilles. The commission advised a revision of the Statute of the Kingdom of the Netherlands in order to dissolve the Netherlands Antilles.

[edit] Referendums

From 2000 to 2005 referendums were held on all islands of the Netherlands Antilles to determine the future of the islands.

[edit] Sint Maarten

On October 14, 1994, 59.6% of the population of Sint Maarten voted for remaining part of the Netherlands Antilles. In a second referendum however, held on June 22, 2000, 68.9% of the voters on Sint Maarten voted for becoming a country within the Kingdom of the Netherlands; a status aparte like that Aruba has today.^[1]

[edit] Bonaire

On September 10, 2004, Bonaire voted for closer links with the Netherlands. This option received 59.0% of the vote, while status aparte got 24.1%. Staying in the Netherlands Antilles got 15.9% of the vote; independence got less than one percent.^[2]

[edit] Saba

On November 5, 2004, 86.05% of the population in Saba also voted for closer links to the Netherlands; remaining a part of the Netherlands Antilles got 13.18% of the vote. Independence got less than one percent of the vote.^[3]

[edit] Curaçao

After voting in 1993 for a restructuring of the Netherlands Antilles, 68% of people on Curaçao voted for a status aparte on April 8, 2005. Closer ties with the Netherlands got 23% and independence got 5% of the vote.^[4]

On 15 May 2009, another referendum was held in Curaçao on whether to accept the proposed agreement on becoming an autonomous country within the Kingdom of the Netherlands or not.^[5][6][7] 52% of voters approved the agreement.^[8]

[edit] Sint Eustatius

Also on April 8, 2005, 76% of voters on Sint Eustatius voted to remain within the Netherlands Antilles. 20% voted for closer ties with the Netherlands and one percent voted for independence.^[4]

[edit] Constitutional changes

[edit] Curaçao and Sint Maarten

Two new constituent states within the Kingdom of the Netherlands would be formed, Curaçao and Sint Maarten, along the lines of Aruba. The Kingdom government would consist of the government of the Netherlands and one minister plenipotentiary for every Caribbean country.

[edit] Bonaire, Saba and Sint Eustatius

Bonaire, Saba and Sint Eustatius would become a direct part of the Netherlands as special municipalities (bijzondere gemeente), a form of "public body" (openbaar lichaam) as outlined in article 134 of the Dutch Constitution. Originally the term used for Bonaire, Saba and St. Eustatius to describe their expected association with the Netherlands was "Kingdom Islands" (Koninkrijkseilanden). The Dutch province of North Holland has offered the three new municipalities to officially become part of the province.^[9]

These municipalities will resemble ordinary Dutch municipalities in most ways (they will have a mayor, aldermen and a municipal council, for example) and will have to introduce most Dutch law. Residents of these three islands will also be able to vote in Dutch national and European elections. There are, however, some derogations for these islands. Social security, for example, will not be on the same level as it is in the Netherlands, and the islands are not obliged to introduce the euro; they may retain the Antillean guilder pending further negotiations. Also, it is unknown whether prostitution and same-sex marriage will become legal in these islands, which are legal on the mainland of the Netherlands.

The three islands will also have to involve the Dutch Minister of Foreign Affairs before they can make agreements with countries in the region. The special municipalities would be represented in the Kingdom Government by the Netherlands, as they can vote for the Dutch parliament.

In November 2008 it was decided to introduce the US dollar in the three islands.^[10]

[edit] Common Court

All five of the island territories may also continue to access the Common Court of Justice of Aruba and the Netherlands Antilles (with the Joint Court probably receiving a new name).

[edit] Status in the European Union

The Kingdom of the Netherlands is a member of the European Union. However the Netherlands Antilles and Aruba, a separate autonomous part of the Kingdom, are not considered part of the EU, but rather have the status of overseas countries and territories (OCTs). Since citizenship is handled by the kingdom, and not distinguished for the three countries, citizens from all three countries are also EU citizens.

Bonaire, Saba and Sint Eustatius are to become direct parts of the Netherlands. The Council of Ministers of the Kingdom of the Netherlands agreed not to change the status of these islands with regard to the EU in the first five years of integrating these islands into the Netherlands. After these five years have passed, a re-evaluation of the islands' EU status is to take place. The islands thus will remain OCTs at least until 2014.^[11]

The Netherlands secured a provision in the Treaty of Lisbon that says that any Caribbean part of the Netherlands can opt for a change of status to Outermost Region (OMR) if they so wish, without having to change the Treaties of the European Union.^[12]

[edit] Legal documents

[edit] Kingdom charter

The Kingdom law amending the Charter for the Kingdom of the Netherlands was drafted on 20 January 2009. It consists of 6 articles, with the changes to the Charter being included in articles one to three. The Kingdom law provides for article 3 to take effect on the date of publication of the law in the official journal of the Netherlands, and articles 1 and 2 at a later date to be specified by royal decree. In this way the future countries of Sint Maarten and Curaçao will be able to draft their constitution and fundamental legislation before the new relations within the Kingdom are to take effect.^[13]

The draft Kingdom law is currently under review by the Council of State of the Kingdom of the Netherlands. After it has completed its review, the law will be presented to both chambers of parliament, the House of Representatives and Senate.

[edit] Legislation for the integration of Bonaire, Saba and Sint Eustatius into the Netherlands

On 21 November 2008, five draft laws that are necessary for the integration of Bonaire, Saba and Sint Eustatius into the Netherlands were accepted by the Council of Ministers of the Kingdom. These laws are the Law on the public bodies of Bonaire, Saba and Sint Eustatius (Dutch: "Wet op de openbare lichamen Bonaire, Sint Eustatius en Saba", abbreviated to WOLBES), the Law on financial relations of Bonaire, Saba and Sint Eustatius, the Amendment to the election law with regard to Bonaire, Saba and Sint Eustatius, the Introduction law on the public bodies of Bonaire, Saba and Sint Eustatius, and the Adaptation law on the public bodies of Bonaire, Saba and Sint Eustatius.

The WOLBES defines the administrative organization of the public bodies and is modeled after the Dutch municipality law. The Introduction law specifies that Netherlands Antilles law will remain in force after the transition of the three island to the Dutch polity, and defines the process in which Dutch law will slowly take over Netherlands Antilles law in the islands. The Adaptation law adapts Netherlands Antilles law and Dutch law that is to take effect immediately to the new status of the islands.^[14]

The draft laws are currently under review by the Council of State.

[edit] References

• http://www.government.nl/actueel/nieuwsarchief/2004/10October/08/0-42-1_42-49327.jsp
• http://www.government.nl/actueel/nieuwsarchief/2006/10October/12/0-42-1_42-84824.jsp
• http://www.government.nl/actueel/nieuwsarchief/2006/11November/03/0-42-1_42-88793.jsp
• http://www.government.nl/actueel/nieuwsarchief/2007/02February/13/0-42-1_42-92711.jsp
• http://www.thedailyherald.com/news/daily/j226/accor226.html

[edit] See also

• Charter for the Kingdom of the Netherlands
• Netherlands Antilles