Motion Passed by the Parliament of St.Maarten regarding Bosman Regulation

– That the Permanent Committee for Safety and Justice in the Second Chamber of the States General by letter dated July 11th 2013 requested the Parliament of Sint Maarten to give a reaction to the private member’s bill (initiative draft law proposal) of the member Bosman, containing regulation of taking up residence of Dutch Citizens of Aruba, Curacao and Sint Maarten in the Netherlands (Parliament document 33325);

– That the Countries of the Kingdom in accordance with the Charter of the Kingdom of the Netherlands of 1954 have a common Dutch nationality and that at the realization of the Charter the choice has been made for one unified Dutch nationality whereby for the establishment of the nationality no distinction is drawn of origin or loyalty to a country of the Kingdom;

– That the private member’s bill (initiative draft law proposal) of the member Bosman makes distinction of origin and loyalty to countries within the Kingdom. The private member’s bill (initiative draft law proposal) after all draws a distinction between Dutch (Netherlands) citizens who form part of the Kingdom of the Netherlands, whereby the establishment in the Netherlands of Dutch citizens originating from Aruba, Curacao and Sint Maarten is restricted;

– That such a distinction (discrimination) furthermore is in flagrant conflict with the current provisions of international conventions (treaties) to which the Netherlands is bound.

– That such a distinction (discrimination) among other things is in conflict with the requirements of the order to equal treatment and the prohibition of discrimination as that is described in article 26 of the Convention on Civil and Political Rights), article 5 of the International Convention on the eradication of all forms of Racial discrimination, article 1 of the Twelfth Protocol at the European Convention on the Human Rights and the Fundamental Freedoms and provisions for the execution of EU-conventions on the right to freely travel and to stay on the territory of the EU-member states;

– That such a distinction (discrimination) furthermore also does not comply with article 1 of the Constitution of the Kingdom of the Netherlands on the requirements of the order for equal treatment and the prohibition of discrimination;

– That in this case no objective and reasonable justification exists for such a distinction (discrimination) between the Dutch citizens of Aruba, Curacao and Sint Maarten on the one hand and Dutch citizens of the Netherlands, non-Dutch citizens of the E.U and foreigners from non E.U. member states on the other hand;

– That the Parliament of the then Netherlands Antilles many times and in different ways has expressed its disapproval of earlier unilateral policy measures and proposals from the Netherlands, which intended to realize a legal regulation of admission and residence of Antillean Dutch citizens;

– That the Parliament of Sint Maarten concurs with and wishes to ratify the position adopted earlier by the Parliament of the then Netherlands Antilles;

RESOLUTION

1. The Parliament of Sint Maarten resolutely rejects the private member’s proposal (initiative draft law proposal) of the member Bosman.

2. The Parliament of Sint Maarten urges the Government of Sint Maarten to make every effort in order to ensure that the initiative draft law proposal of the member Bosman does not gain force of law.

3. The Parliament of Sint Maarten requests the Government of Sint Maarten urgently to inform the relevant international organizations and instances of the initiative draft law proposal of the member Bosman;

– the Government of Sint Maarten;

– the Government of Aruba;

– the Government of Curacao;

– the Government of the Kingdom of the Netherlands;

– the Government of the Netherlands;

– the Committee on Safety and Justice of the Second Chamber of the States General;

– the Second Chamber of the States General;

– the First Chamber of the States General;

– the Island Councils of the Public Entities Bonaire, Sint Eustatius and Saba;

– the Committee for the Human Rights;

– the European Parliament;

– the European Committee against racism and intolerance;

– the Decolonization Committee of the United Nations;

– the Latin American Parliament (Parlatino);

– la Conferencia Permanente de Partidos Políticos de América Latina y el Caribe; (Copppal);

– CARRICOM;

– the Foundation Consultative body Caribbean Netherlands nationals (OCaN );

– Movemento Antiano i Arubano pa Promové Participashon (MAAPP);