SINT MAARTEN (GREAT BAY) - Referendums are possible under the Constitution of Sint Maarten, but the national ordinance that would regulate how they are conducted has not yet been enacted.
President of Parliament, MP Sarah Wescot-Williams used a panel on the Constitution, organized by Mr. Wendell Moore and the PMIA to once again stress the need for referendum legislation.
MP Wescot-Williams added that she personally initiated the process to create the ordinance. The draft legislation is now under consideration via the appropriate channels.
“While we often think of referendums in terms of our constitutional status, I value the instrument of a referendum as a constitutional tool to hear the population on any matter of great national importance.”
The Constitution provides for consultative referendums, she explained. Their purpose is to gather the public's opinion on a specific matter. They do not, by themselves, decide it.
MP Wescot-Williams stressed that to put a matter to a referendum, the government or Parliament must take the lead, not the other way around. It is for them to decide when to consult the people on important issues.
Ms. Wescot-Williams also drew a clear line between a referendum and a petition. Under the Constitution and elaborated in Parliament’s Rules of Order, petitions allow citizens to bring grievances to Parliament or to suggest changes to legislation that affect them specifically. A petition does not automatically trigger a referendum.
“Until the ordinance is in place, the practical mechanism for holding a referendum remains incomplete. The draft now before Parliament is intended to close that gap by setting out how referendums are to be conducted.”
The October 12th panel also stressed the Constitution's role in Sint Maarten's governance and the need for civic education:
*A social contract. Drafted after the 2000 referendum, the Constitution frames Sint Maarten's autonomy within the Kingdom and sets out how government is structured, citizens' rights, and the duties of those in power.
*Separate from the Kingdom Charter. The Charter governs the relationship between the countries of the Kingdom. The Constitution governs Sint Maarten's own democratic order.
*Civic knowledge. An informed public understands how government and Parliament work, and is better equipped to hold elected officials accountable.
*Constitutional Court. It helps keep laws passed by Parliament within the Constitution.
*10-10-10. MP Wescot-Williams, one of the main architects of the new status, recalled that on October 10, 2010, Sint Maarten removed a layer of bureaucracy and became solely responsible for its internal affairs on the basis of its Constitution.
