“Disappointed” was the sentiment within the Party for Progress (PFP)
after the Supreme Court in the Netherlands issued their opinion on the Braam case in
Curacao. The disappointment, however, is not with the opinion that has been issued,
but with the fact that St. Maarten’s democratic process was interfered with by the
Cabinet of the Governor. “Awaiting the outcome of this Supreme Court opinion” was
used as a reason from Governor Ajamu Baly for not signing the national decree to
appoint PFP candidate Mr. Raeyhon Peterson LL.M., as the Minister of VROMI. PFP,
via party leader and member of Parliament Melissa Gumbs and PFP member of
Parliament Ludmila de Weever issued a reaction in a media statement.
“While self-proclaimed journalists and political candidates masquerading as journalists
have shared their very biased opinions on the matter, the reality is that Raeyhon
Peterson did not fail his screening,” Gumbs stated. “His screening reports, which he
himself made public, and other documentation prove that he passed his screening. The
Governor, and by some extent the then-formateur, now Prime Minister Dr. Luc
Mercelina, failed the democratic process of St. Maarten and also violated the
constitutional rights of Raeyhon Peterson by failing to complete the formation process.”
Gumbs is referring to the fact that at the time of the outcome of the screening process,
Peterson was, according to existing case law, entirely capable of being sworn in as the
Minister of VROMI. The principle of legal certainty and the principle of trust are
paramount in this case. When Peterson accepted his nomination, he had the right to
assume that based on the current jurisprudence and St. Maarten laws, there would be
no obstacles to his appointment as Minister of VROMI. However, Governor Baly refused
to sign Peterson’s national decree, citing the “unwritten constitutional norms” that have
been applied in the past when screening candidate ministers. Prime Minister Mercelina
and the Governor then engaged in a bit of a back and forth, during which the Governor
sent the national decree back to the Prime Minister with the advice to “retract or
withhold” it.
“This was a gross misuse of the office of the Governor,” Gumbs stated. “The Regulation
of the Governor itself says that in the event the Governor does not agree with a decree,
he or she must send it to the Kingdom for further handling. Until today, the Governor
has not complied with his own regulation. I am curious if this cat and mouse game was
played because the Cabinet of the Governor was receiving warnings from The Hague
that his position would not be supported. That would make this entire situation even
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more terrible because it would mean that Raeyhon Peterson has suffered damage to his
reputation for absolutely no reason.”
“We must also ask ourselves if human reactions following a crime committed against a
person, means that someone is not integer and cannot be a minister,” de Weever
mentioned. “I would hate to think that, faced with a similar situation as Raeyhon, that
maybe the Governor himself would be considered unfit for a position, that should only
focus on integrity and good ethical conduct and decision-making.”
“The reality is that formateurs in the past have been able to advocate for their candidate
ministers on more than one occasion,” Gumbs continued. “I did this, as party leader, by
providing an extensive explanation, drafted with input by several legal minds, as to why
Peterson was able to be Minister. The Governor for whatever reasons he had, remained
adamant in his personal decision to wait for the outcome of the Supreme Court’s
opinion, on a case that has nothing to do with St. Maarten or its laws. After all, St.
Maarten doesn’t have the stipulation on which the Supreme Court gave its opinion in
our laws. But the Governor waited to see if his personal opinion would be right,
interfering with our right to form a government and violating Peterson’s constitutional
rights.”
Gumbs is referring to the case of Eduard Braam, who was convicted without
punishment of a case of sexual misconduct when he was a company doctor. When he
was submitted as a candidate minister, he was blocked based on article 7 of the
National Ordinance for the Integrity of Ministers in Curacao. St. Maarten does not have
this law or anything similar to it in its legal records. Peterson was convicted for pushing
the person who almost killed him, without receiving a punishment, but this, PFP says, is
where the comparison between him and Braam ends.
“Peterson was the victim of a drunk driver, who almost killed him,” de Weever stated. “A
drunk driver. The videos are public for all to see. How does this affect his integrity to
serve as a Minister? It says nothing about his ethics and his approach to governance.
Gumbs and de Weever also highlighted the fact that ultimately, the national decree did
not return to the Governor because Mercelina, now in a new capacity as Prime Minister,
did not send it back to him after resigning his cabinet and calling snap elections.
“Twice, the Governor disrespected our autonomy, our Constitution and our right to form
a government by returning the national decree relating to Peterson’s appointment,”
Gumbs said. “Article 21 of the Regulation of the Governor is clear, and the Governor
does not have the authority to “return” any national decree sent to him. but can only
send it up to the Kingdom Council of Ministers for further handling. This, combined with
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a lack of a sense of urgency by the Prime Minister to protect the same Constitution and
the same constitutional rights of Peterson that he swore to uphold, is very discouraging.
It means that this fake narrative of Peterson failing his screening has been allowed to
take hold.”
Gumbs is referring, of course, to biased media reports that Peterson failed his
screening, which has been the rallying cry of several opposition members as the snap
election approaches. One media outlet is even owned and operated by someone who
ran as a candidate on an opposition party slate.
“I’m not a conspiracy theorist, but this experience has only led me to question ‘what was
it?’? Gumbs concluded. “Was it external forces and political opponents of PFP, working
together to keep Raeyhon Peterson out of that seat? Why are they so afraid of young,
professional politicians who want to clean up the mess, for no personal gain? I can
imagine, considering the controversies that have plagued VROMI, both before and after
10-10-10, there is some fear of anyone who promises to clean house. Time will tell what
happens next and history will be the judge. But the fact remains: we cannot expect
change if we are not willing to be uncomfortable and to confront the reality of what has
been happening under everyone’s eyes, for decades. It takes strong leadership,
determination and uncompromising integrity to improve things, from VROMI to VSA to
TEATT, everywhere. And that is the character and approach that Peterson was ready to
take and in fact, has been taking even though he was not sworn in.”