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SINT EUSTATIUS
CARIBISCH NEDERLAND
Mr. R. Plasterk
Ministry of the Interior and Kingdorn
Relations
Turfmarkt 147 1 2511 DP The Hague
Postbus 20011 1 2500 EA The Hague
The Netherlands

Ref.: 069/17
April 25th, 2017

Subject: violation of United Nations Charter and resolutions hy the Government of the Netherlands
Dear Mr. Plasterk,
We have taken note of your undated letter to the Chairrnan of the Executive Council with reference
2017-0000162923. In response to said letter, and with reference to previous decisions of the Island
Council, as well as correspondence to you and Prirne Minister Rutte (i.c. the letter of sland Council
Member Clyde 1, Van Putten to Mr. Rutte dated April l7th, 2017), we hereby care to inform you as
follows from a general constitutional and legal perspective. We will respond to the content of said
letter in a separate letter.
Recently, the Charter of the Kingdom of the Netherlands (“het Statuut”) was tested against the
Charter of the United Nations (UN Charter). This was done in light of the so-called “vrouwen van
Srebrenica”ruling of the Dutch Supreme Court (Hoge Raad) of April l3th, 2012. In said ruling, the
Supreme Court considered the following: ‘..moet worden voorop gesteld dat de VN onder de
internationale organisaties een bijzondere plaats inneemt...”.
The Su rprerne Court fu rther considered:”...stelt het EHRM onder meer vast dat art. 103 Handvest VN
naar de opvatting van het Internationaal Gerechtshof betekent dat de verplichtingen die ingevolge
dit Handvest rusten op de leden van de VN voorrang hebben boven daarmee strijdige verplichtingen
uit hoofde van een ander verdrag, ongeacht of dit werd gesloten voor of na het Hondvest of slechts
een regionale regeling behelst...”.
Said ruling has given us cause to test the “Statuut”, the WoIBES, and other legislation and decisions
of the Government of the Netherlands for compliance witli articie 73 of the UN Charter and UN
resolutions 742 (VIII), 747 (VIII) of 1953, and 945(X) of December
1955.
Resolution 742 refers to “obligations” hased on UN Charter article 73, while resolution 747, sub 3,
states that the General Assembly (GA): “...Expresses to the Netherlands’ Government its con fidence
that, as a result of the negotiations, a new status will be attained by the Netherlands Antilles and

ST. EU5TATUS TEL: (599) 318- 260412906- FAX: 0318-2228
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SINT EUSTATIUS
CARIBISCH NEDERLAND
Suriname representing a full measure of self-government in fulfihirnent of the objectives set forth in
Chapter Xl of the Charter...
From the latter resolution, It can be conciuded that the purpose and objective of UN Charter chapter
Xl area “full measure of self-government” for the non-self-governing territories hased on established
and accepted criteria. This in turn creates the obligation of the Government of The Netherlands to
ensure that the right of Sint Eustatius to a “full measure of self-government “is exercised. It should
further be noted that said right is unconditional (“ongeclausureerd”) and is not limited or tied to any
particular form of political/constitutional status and/or association of a non-self-governing territory.
Resolution 945 states: ‘..bearing in mmd the corn petence of the GeneralAssembly to decide whether
or nota Non-Self Governing Territory has attained the full nieasure of self-government referred to in
Chapter Xl of the Charter of the United Nations...
“.

The Uruguayan amendment which forms an integral part of resolution 945 was submitted because,
according to the government of Uruguay, the Netherlands Antilles and Surinarn were still not fully
self-governing. As such, the arnendment was intended to offer the peoples of the Netherlands
Antilles and Surinarn a safeguard, an opportunity of coming at a later date to knock at the door of
the United Nations, should the need arise.
This implies that where the full measure of self-government of Sint Eustatius is concerned, and in
accordance with resolution 945, the GA is the interlocutor of the Government of Sint Eustatius, and
not the Government of the Netherlands, Also following from the UN Charter and the relevant
resolutions is that the sole and highest authority charged with assessing matters related to the right
to self-determination and self-government is the GA.
Article 73 further states that the ïnterests of the inhabitants of non-self-governing territories are
pararnount, while resolution 742, sub 6, obligates the Government of The Netherlands to ensure that
Sint Eustatius’ association with The Netherlands is established on the basis of absolute equality. This
is, mutatis mutandis, applicable to anychosen form of association, including integration, as is evident
from the wording of resolution 747.
Based on the obligation of the Government of The Netherlands to treat the interests of the
inhabitants of Sint Eustatius as paramount on the basis of absolute equality, the right ofSirit Eustatius
to a full measure of self-government, as well as the obligation of the Government of The Netherlands
to refrain from repressive measures of all kinds as stipulated in UN resolution 1514 (XV), any and all
provisions in the Statuut, WoIBES, as well as any other (legal) measures imposed by the Government
of The Netherlands on the Government and inhabitants of Sint Eustatius that constitute a violation
of the UN Charter, the relevant UN resolutions and/or the international legal order, are non
enactable.
We are hereby informing you that the actions and decision-making process of the Executive Council
of Sint Eustatius will be guided by the UN Charter and related resolutions henceforth, as we are
committed and compelled to respect and abide by the perernptory rules of international law.

ST. EUSTATIUS TEL: (599 318- 260412906
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fl1
SINT EUSTATIUS
CARIBISCH NEDERLAND
We further urge the Government of The Netherlands to cease and desist from all interference in the
autonomous affairs of Sint Eustatius, taking into account the 2001 International Law Commission
(ILC) articles on the responsibility of States for internationally wrongful acts. As a non-State we have
the right to pursue legal remedies for damages sustained due to violations of the abovernentioned
articles, and we will endeavor to do such 1f and when the paramount interests of the people of Sint
Eustatius are jeopardized.
Notwithstanding the above, we will continue to work and dialogue with the Government of The
Netherlands in order to seek solutions for the current issues and improve the relationship between
The Netherlands and Sint Eustatius based on the principles of equality, mutual respect, and
transparency. This process, which should ultimately result in a full measure of self-government for
Sint Eustatius, should include an independent self-government assessment for Sint Eustatius, as was
done for Curaçao in the recent past.
Our Commissioner of Constitutional Affairs and his delegation will be in The Netherlands during the
week of May 8th, 2017, and we trust that you will extend the same hosptality and courtesies to the
Commissioner and his delegation as representatives of your and other ministries enjoy when visiting
Sint Eustatius.
The Commissioner’s visit is an excellentopportunity to discuss these and other matters in person
and initiate the process of dialogue as discussed and agreed upon during the two visits of your
Secretary-General earlier this year.
Trusting to have informed you sufficiently, we remain,
Sincerely,
The Executive Council of Sint Eustatius,
ommissioner,
C..

The Island Secretar,,

Mr. C.A. Woodley

ST. EUSTATIUS

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TEL: (599) 318- 260412906

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Simmons

FAX: 0318-2228

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K.A. Kerkhoff

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