BC adjusts state settlement under pressure public opinion

October 21, 2008 6:37 AM

Under public pressure, the BC has carried through an adjustment of the state settlement for the future Land Curacao. The adjustment implies rules for convicted Parliament-members to step down when convicted by the judge.

According to Commissioner Zita Jesus-Leito (General Affairs, PAR), the heated discussions on this subject in the society are the reason for adding an extra item to the state settlement.

There was no mention of the above in the original concept. The BC was of the opinion that a decision on this must be left to the judge. This has caused a great number of reactions from inside as well as outside politics, in which especially the party in office PAR had to suffer for. This discussion was the reason for the BC to adjust the concept and add an extra paragraph to article 41 of the state settlement. Section 41, paragraph 3 now reads: “Deposition-declaration of the membership of Parliament can be regulated via national ordinance.”

The BC says that this clause clears the way for regulating, via national ordinance, the termination of the membership of a Parliament-member, when convicted by the judge. The consultative platform of social partners, Plataforma Ban Konstruí nos Pais, has also sent an official request to the Island Council, pleading for including in the new state settlement, a section on ‘specific sanctions against authorities and members of parliament that are convicted for a penal fact’. According to the platform, the wishes and feelings of a majority of the population regarding this subject ought to be considered. “The people’s wish must be respected in the most important law of our country.” With great emphasis the platform asks members of the Island Council to prevail the general interest above that of party-politics in this case.

New is also that the BC changed her mind and is now advocating a preamble with a direct reference to God, instead of a substance and actual introduction of the state settlement, as was at first in the concept. During the consideration of the concept in the Central Committee of the Island Council, almost all the parliamentary parties declared themselves in favour of a preamble that includes God. The BC indicates in a press release that ‘giving God as protector of the people a central place’ is a general wish of the people and also of the Church Council and that the motion was therefore passed.

A number of proposals of the MAN are also adopted in the final concept. These are: place a general provision between the preamble and chapter 1 of the state settlement that regulates the legal individuality, the territory, and the valid legal regulations of Land Curacao; regarding section 52 of the Charter, add a national ordinance that tends to, ‘having the transfer of national authorities to kingdom bodies rest on a qualified majority in Parliament’. According to the BC, this is an important matter, like the autonomy of Curacao, which cannot do with a normal majority.

The Island Council will gather in a public meeting tomorrow to debate the concept-state settlement as well as the 45 organic laws for the future Land Curaçao. Expectations are that several motions will be proposed to enforce changes in the concept.

(Source: National newspaper Amigoe)

20 October, 2008