GREAT BAY--Member of Parliament Lyndon Lewis has requested that the national flags at government buildings be flown at half-staff on the day of the funeral of Louis Lambert Richardson, affectionately known as “Porkchop,” in recognition of his contribution to St. Maarten's culture and Carnival. But what does St. Maarten's Constitution actually say about lowering the national flag, and who determines when such an honor is appropriate?
The short answer is that the Constitution does not specifically mention flying flags at half-staff. However, national legislation does recognize the practice and establishes how it must be carried out.
Lewis submitted his request through President of Parliament Sarah Wescot-Williams to Prime Minister Dr. Luc Mercelina, asking Government to consider the gesture as a tribute to Richardson, whose Carnival appearances, humor and community involvement made him a familiar figure across generations.
What the Constitution Says
Article 1, paragraph 3, of the Constitution of St. Maarten (Staatsregeling) establishes that the national flag, coat of arms and national anthem shall be determined by national ordinance.
It makes no specific reference to half-staff observances, national mourning or the circumstances under which flags should be lowered.
Those details fall outside the Constitution's express provisions.
What the Flag Ordinance Says
The relevant legislation is the Flag Ordinance (Vlagverordening), which has applied as national legislation since October 10, 2010.
Article 6 specifically recognizes the practice of flying the national flag at half-staff, known in Dutch ashalfstok.
It requires that the flag first be raised to the top of the flagpole before being lowered to half-staff. When taking it down, the flag must again be raised to the top before being lowered completely.
However, the ordinance does not identify which individuals qualify for this honor, establish mandatory periods of national mourning or expressly restrict half-staff observances to deceased government officials.
Government's published flag etiquette guidance also recognizes half-staff as a sign of mourning.
Who Makes the Decision?
Although the Flag Ordinance does not expressly identify an exclusive decision-maker for half-staff observances, established government practice provides examples of such decisions being made by the Prime Minister or Council of Ministers.
In December 2024, Government lowered flags at the Government Administration Building for the funeral of former Netherlands Antilles Prime Minister Don Martina.
In 2015, then-Prime Minister Marcel Gumbs ordered flags lowered following the death of former Minister Frank Mingo. Government also lowered flags following the terrorist attacks in Paris that year.
These examples demonstrate that half-staff observances have been authorized for different circumstances, although they do not establish a definitive list of qualifying occasions.
Constitution Also Recognizes Cultural Heritage
There is also another constitutional provision worth considering. While the Constitution does not specifically address flags at half-staff, Article 21, paragraph 3, places responsibility on Government to create conditions for cultural development and the preservation of cultural heritage. This does not establish a legal obligation to lower flags for cultural personalities, but it provides broader constitutional context for recognizing individuals who have contributed to St. Maarten's cultural identity.
Richardson's contribution had already received formal government recognition. On December 13, 2024, he was presented with the Sage Cultural Award, Government's highest recognition for cultural and artistic achievement. Minister of Education, Culture, Youth and Sport Melissa Gumbs highlighted that honor following his passing. This adds another dimension to Lewis' request: Government is being asked to pay a final tribute to someone it had previously recognized for his lifetime contribution to the country's culture and heritage.
What Does This Mean for Lewis' Request?
Nothing in the cited Constitution or Flag Ordinance expressly prohibits the Government from honoring a cultural personality such as Richardson by lowering flags at government buildings.
Equally, neither instrument creates an automatic entitlement to that honor.
The question is therefore not whether the Constitution specifically permits half-staff observances, since the Flag Ordinance already recognizes them, but whether Government considers Richardson's contribution deserving of this particular national gesture.
The decision on Lewis' request remains a matter for Government to consider under its applicable authority and protocols.
