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Ombudsman of Curacao, Mr Keursly Concincion, Prime Minister Sint Maarten, Mrs. Silveria Jacobs, Ombudsman Sint Maarten, Mrs. Gwen Mossel, National Ombudsman, Mr. Reinier van Zutphen
PHILIPSBURG - The three ombudsmen of the Kingdom of the Netherlands, representing St. Maarten, Curaçao and the Netherlands/BES islands, urge governments in the Kingdom to take social justice issues seriously. “Real consideration for the people, that is what is missing from government.”
St. Maarten Ombudsman Gwendolien Mossel hosted a meeting on Monday 29 and Tuesday 30 November with Ombudsman of Curaçao, Keursly Concincion and the National Ombudsman Reinier van Zutphen, representing the Netherlands, Bonaire, St. Eustatius and Saba.
Aruba does not have an ombudsman, but in anticipation of the installation of this high council of state in Aruba, a coordinator is keeping in touch with the three ombudsmen and joined a Zoom meeting on Tuesday.
“As small developing island states we face a lot of the same issues,” said Concincion. “I would like to underscore the added value of getting together, brainstorming on issues that are of great importance for the people living in the Caribbean.”
The biggest social injustice issues all the islands of the former Netherlands Antilles face are poverty and poor housing, affecting mostly the elderly and children.
“What is the standard of living that governments want for their people? That is the question that needs to be answered,” said Mossel. “We, the Ombudsman, went into the community to identify the way people are living, we visited elderly persons and saw the poor conditions of households. We listen to the people. I am missing that a lot from government, there is a lack of solicitude.”
In 2019 the ombudsman of St. Maarten presented a report on the state of home repairs after Hurricane Irma pummeled the island in 2017. “Today, three years after we presented the report and made recommendations, there are still people who have not received any help. That is not acceptable.”
All three ombudsmen note that their respective governments are slow in addressing social injustice issues. “A sense of urgency is lacking.”
It is part of the ombudsman’s constitutional mandate to address violations of human rights. “It is valuable for us to meet here in St. Maarten, because together we are much stronger than on our own,” said Concincion. “By bringing issues to light and asking governments to not look the other way, we are convinced that eventually change will come.”
Van Zutphen acknowledges that there is still a long way to go. “It is easily said that human rights are violated, that there is a fundamental right to healthcare, to education, a decent standard of living. From the point of view of the ombudsman, it is important that judges determine what people’s rights are and how the law should function. It is up to us to constantly confront our ministers, our governors, the people that are in charge in our countries, to show them what happens when they do not take the right decisions.” The ombudsman’s reports serve not only to improve existing legislation, but also as a means of exerting pressure.
“Always confront the people that have the power to change what is not right,” said Van Zutphen. “As ombudsmen, we cannot give you better health care, with more doctors and nurses, or provide you with more police officers, but we can give our recommendations, not because you should do what we think, but because it is fundamental for the proper functioning of society, a society where human rights are respected.”
At kingdom level there is no ombudsman, but the three ombudsmen are uniting to function as one, said Van Zutphen, Mossel and Concincion. “To speak truth to power.”
Concincion points out that it is “time for governments to take the ombudsman seriously.” The ombudsman is not a political power, but a higher council of state, an advisory body of which the independence is guaranteed in the constitution. “When the government appoints an ombudsman, that government must also trust that that ombudsman knows what he is doing, that he is capable.”
The three ombudsmen emphasize that they are not enemies of the government, but rather “critical friends”. “We are here to help change things for the better.”
There is criticism of the respective Parliaments. “Why is Parliament not listening? How come that an important report on the housing situation after Irma has only partly been taken seriously, although the recommendations of the report were absolutely accurate and should have been acted upon immediately? Why did Parliament not hold Government accountable?”
The same applies to Bonaire, said Van Zutphen. “Why hasn’t the problem of poverty been addressed years ago, when we first warned about it?”
Poverty, social inequality, violation of human rights – these are issues that the media need to address, the ombudsmen said. “Make those in power understand that we, the people, really depend on the way they act towards us.”
Sharing stories of individuals not only raises awareness, but may also lead to solutions, the ombudsmen said. “We do systemic investigations on our own initiative, to bring important issues to light. In specific cases, this can result in guidance and support.”
The national ombudsman rejects the argument that the government does not have sufficient financial resources. “Whether you live in St. Maarten or in The Hague, both governments claim there is no money. Mind you, we live in one of the richest kingdoms in the world. Money cannot be the problem, there is enough. The question is: how are we allocating it? Who is going to profit?”
Mossel tells about an elderly lady from St. Peters whose house was uninhabitable after Hurricane Irma. “She lived in the shelter,” said Mossel, who asked the National Recovery Program Bureau (NRPB) repeatedly for help. “Nothing was done. Every other day the lady would check on her house, she so badly wanted to return.”
The lady passed away last week. “On Friday we went to her funeral,” said Mossel. “It is so sad; I am sure she passed away from grief.” It angers her, said Mossel. “We will keep reminding the government that situations like these are not acceptable.”
The three ombudsmen had a meeting with Prime Minister Silveria Jacobs at 4:30pm Monday where they again addressed poverty and the poor housing situation in St. Maarten. Parliament must also show more decisiveness, according to the ombudsmen. “Parliament should take its role more seriously and hold government accountable.
