SINT MAARTEN (GREAT BAY) – “It is that time of year, when we celebrate one of the largest cultural festivals in our calendar of activities. Each year we look forward to this celebration which showcases our culture, our creativity, our diverse foods and drinks and is one of the economic drivers within our community - all this amidst the usual “bacchanal” one associates with Carnival. It is a shared culture within our region, however, St. Maarten Carnival is always special.

“As Prime Minister and elected member of Parliament of St. Maarten, it is an honor to address the people and visitors of Sweet St. Maarten.

“Carnival is a time to come together to enjoy music, eating, drinking, socializing, and mostly creating. It is a time for our orange economy to shine. A time when our bands, musicians, songwriters, singers, calypsonians and soca artists create new rhythms & catchy lyrics to make us jam, dance, chip and sway; while the double entendre and clever wit of the calypso, our traditional social commentary, makes us laugh or even gives us pause to ponder and reflect.

“A time for costume and float designers to ply their craft, combining fabrics, beads, wire, colors, textures, natural and recycled materials to create designs to depict what their imagination conjures and the revelers demand. Talent is displayed from young and old, whether in pageantry, calypso and soca competitions, road marches and band clash. Many look forward to the creativity of our cultural dishes and drinks, where the taste buds are tempted, and you can find whatever you desire during the weeks of fettin’.

“Today as this journey commences, let us pledge to be safe in the midst of the festivities. Let us look out for one another, and have good, clean fun. I implore parents to ensure the safety of your children throughout these proceedings, by ensuring proper child care when you venture out, and ensuring that your underage children are not unsupervised in public nor attending adult oriented shows. Our laws specifically mention 15 years and older, and as parents it’s your duty to ensure they don’t attend. Promoters and event hosts are also encouraged to do their due diligence to safeguard the innocence of our youth for as long as possible, (NO underaged drinking) while ensuring proper security and safety protocols aimed at the prevention of any situation that could endanger the lives of others.

“Let us ensure that our children looking on will want to emulate the behavior they see. Let us take responsibility for the types of shows we promote, and move away from the exploitation of especially women in the way we write, produce and create the music. Women are not sex objects, and several have complained about the types of artists/music that is being promoted. While many have been conditioned to think less is best, I hope creativity will be at its highest this year in ways that edify us as a community and ensure the longevity and sustainability of the development of our people. The key is the safeguarding of our culture and promoting and rewarding our creativity. The sneak peaks thus far scream culture, color and splendor.

“St. Maarten has a lot to offer, and it is only by working together as has been mentioned in various meetings that this can be achieved to ensure safety & security for all in a well-organized, well supported festivities where the spirit of Carnival as was envisioned by our forefathers will continue to thrive.

“All stakeholders must come together to ensure that our main cultural festival maintains its unique nature, while ensuring our cultural heritage is revered. This is not about any one person or entity, but about St. Maarten Carnival which belongs to the people of St. Maarten. Amidst all the complaints over the years, let us seriously come together to resolve the long standing challenges and work towards a more symbiotic relationship in the interest of all concerned.

“I wish all stakeholders, who have been working for months, weeks and especially the last few days to prepare for the start of our Carnival much success in the execution of their goals. To the booth holders, promoters, musicians, artists, dancers, singers, stilt walkers, bands, sound and light technicians, photographers, videographers, media specialists, poets, chefs, cooks, bartenders, grill men and all others working behind the scenes to create the magic that is carnival, I wish you much success.

“To the people of St. Maarten, go out and enjoy the festivities safely. Support the local entrepreneurs selling their specialty foods and drinks. Enjoy the many cultural and musical shows which have been planned to meet the needs of our very diverse community. Designate a driver, to avoid unnecessary accidents. I trust that our parades will continue to showcase our creative talents with class and style.

“Thanks in advance to Government employees, civil servants who toil yearly to ensure that the St. Maarten Carnival is a success - our police officers, fire fighters, inspectors in various departments, public works who work diligently before, during and after all events to ensure the proper procedures are followed and that all are compliant with the countries laws and regulations.

“A happy, safe and incident free carnival is wished to one and all!”

Prime Minister Silveria E. Jacobs

SINT MAARTEN (GREAT BAY) - Ombudsman Gwendolien Mossel has concluded the Systemic Investigation into the motor vehicle confiscation policy of the Sint Maarten Police Force (KPSM). The Final Report (FR) was recently submitted to the Minister of Justice. 

History

The Ombudsman received numerous complaints regarding KPSM confiscating motor vehicles, usually during traffic controls, for suspicion of the vehicle being stolen. Complainants alleged that vehicles remained in the custody of the police/public prosecutor (OM), sometimes for months, without proper explanation, even after it had been established that the vehicle was not stolen, and complainant was the rightful owner. There have also been complaints concerning lost or misplaced keys of confiscated vehicles as well as lost or (unjustly) destroyed and misplaced vehicles.

Bottlenecks and Challenges

The following bottlenecks and challenges have been identified:

Lack of written policy and procedures

There is an overall lack of written policies and procedures. This is not only pertaining to vehicle confiscation, but in general. This was also highlighted as a bottleneck in the Ombudsman’s investigation regarding KPSM’s towing policy. Documented policies, procedures and/or basic work instructions regarding vehicle seizures that can be made available to the public, and which KPSM can be held accountable for, are non-existent.

Lack of information provision / inadequate communication

There are inadequacies in KPSM’s /OM general communication to the public. Ineffective communication leads to misunderstandings and disagreements, and can leave persons feeling frustrated and upset. This is evident from complaints received at the Ombudsman. Basic information about the process and for example during which hours persons can visit the police station, and who are the contact persons, who will be available to answer questions regarding vehicle seizures is not known. 

Lack of financial, personnel and material capacity

There is a chronic lack of financial, personnel, and material capacity across the judicial chain, KPSM included. The following is quoted from the Law Enforcement Council’s, State of Law Enforcement Report (2022): ‘The necessary preconditions for the proper execution of tasks, continues as a common thread throughout almost all organizations in 2022. The capacity issue(s) runs like a thread through almost all topics. Time and again, the capacity shortage and its negative effects emerge across the entire judicial chain’. The lack of financial capacity has manifested itself in several projects that would have substantially curtailed vehicle theft, namely the bill of sale and database projects. The bill of sale project was reportedly discontinued due to a lack of funds less than 6 weeks before implementation. In addition, while KPSM would like to introduce a designated window for confiscated goods, this is not feasible due to a shortage of personnel.

Lack of an appropriate storage facility

As a result of not having a storage location, KPSM have acknowledged that some goods remain at the KPSM premises awaiting criminal proceedings, resulting in space and safety issues. Other goods are stored in other unsafe and unsuitable locations, resulting in liability risks. Although the Minister of Justice has expressed willingness in looking into the availability of land so that the Court could build a storage site through its own financial resources, this is an unlikely scenario, due to the lack of resources, and will not be realized in the short term.   

Accidentally destroyed and/or lost goods and motor vehicles

Pursuant to article 142 paragraph 1 CPC confiscated objects may not be auctioned or destroyed without authorization from the Prosecutor. The Ombudsman has however received complaints regarding seized items and motor vehicles that have been accidentally misplaced and even destroyed, without the required authorization. It is unclear how these incidents could have occurred. This therefore points to not only inadequacies in the storage facility but more so the manner in which items are registered as well.     

Lack of fair and timely compensation for accidentally destroyed and misplaced goods

The Ombudsman has observed that in the event of accidentally destroyed or misplaced goods, persons are not fairly nor timely compensated. In one case, complainant was waiting for more than two (2) years for his scooter to be returned after it had been confiscated. The scooter was accidentally destroyed by KPSM. Up to present, it is uncertain if complainant has been (fairly) compensated. 

Delayed receipt of traffic (police) reports (‘proces-verbalen’)

Insurance companies have indicated to the Ombudsman that that there is a delay in the processing of traffic reports by KPSM, which unnecessarily delay the settling of claims. 

Lack of cooperation with insurance companies in Marigot

KPSM has indicated that the communication and cooperation with the insurance companies in Marigot is challenging. The main offices of said insurances companies are located in Guadeloupe and usually (they) take considerable time to respond to inquiries which further delays the process. This points to a communication (language) and organizational challenge. 

Motor Traffic Guarantee Fund (waarborgfonds motorverkeer) inactive

The Motor Traffic Guarantee Fund is available to anyone who has suffered damages due to a motor vehicle accident and cannot claim said damages by their own insurer. For example, if the perpetrator drove away, is not insured or was driving a stolen motor vehicle. The motor traffic guarantee fund is also regulated in the national ordinance on motor vehicle liability insurance. This fund has not yet been established on Sint Maarten. As a result, there is presently no recourse for victims who has suffered damages and are unable to claim the damages at their insurer.

Conclusion

The Court is the custodian based on the law, however because of the present lack of storage facilities KPSM currently acts as the ‘holder’. As such KPSM is usually the general public’s first point of contact. The Prosecutor also has a role to play as it relates to decisions such as to return to owner, auction or the destruction of goods. KPSM/Prosecutor has no written policy and/or procedures regarding motor vehicle confiscation. Upon questioning by the Ombudsman for same, a reference was made to the articles in the Criminal Procedural Code and the Confiscation Decree, without any further explanation regarding the practical execution of these laws. As a result, there is inadequate communication to the general public which leads to misunderstandings and frustration. KPSM has acknowledged that they are facing challenges with ensuring efficient and accurate communication to the public. Since the start of the investigation KPSM has taken swift action via the media in an attempt to correct some of these shortcomings, however a sustainable communication strategy and structural changes are needed. Affected persons were encouraged to visit the Great Bay Police Station at specific times during the week. Names of the responsible police officers and telephone extensions were also provided.

While these quick remedies are applauded by the Ombudsman, they cannot replace written transparent published policy/procedures, combined with a clear and easy breakdown of said policy, that can be made available to the public and to which KPSM/OM can be held accountable. According to the Enforcement Council’s, State of Law Enforcement Report (2022), the lack of financial, personnel and material capacity is the Achilles heel and the primary source of most of KPSM’s current challenges, however the Ombudsman notes that cost-effective and common-sense solutions must be found in particular when dealing with the public.  

Recommendations

Based on the facts and findings the Ombudsman proposes the following recommendations.

Keeping consideration with the absence of financial, personnel and material capacity the provided recommendations are cost-effective and common-sense solutions that require limited financial resources. This however does not negate the fact that a comprehensive long-term solution for vehicular theft (that continues to be rampant on the island) as previously envisioned by KPSM c.s. should be implemented.

1. Improve information provision/communication to the public
2. Prepare written policy for (motor vehicle) confiscation
3. Improved registration system/process
4. Fair and timely compensation for accidentally destroyed and misplaced goods
5. Improve cooperation with insurance companies in Marigot
6. Activate the Motor Traffic Guarantee Fund

The final report is available via download on the Ombudsman’s website www.ombudsman.sx. To complement the report a short animation video has been produced. The film can be viewed on the Ombudsman’s Facebook page (Bureau Ombudsman Sint Maarten) or via the website (www.ombudsman.sx).

SINT MAARTEN (GREAT BAY) - With the Caribbean region as a prime target to invigorate St. Maarten's year-round tourism market share, the St. Maarten Tourism Bureau (STB), represented by its Caribbean Marketing Agent IMBRACE, embarked on a series of sales calls at the end of March. The focus included select islands in the South and Eastern Caribbean with initial partnership-building visits to Trinidad, Barbados, and Antigua.

These sales calls incorporated a series of productive meetings and presentations to travel agencies, the media, event promoters and airlines to explore cross-promotional partnerships, strategically forged towards driving increased awareness and appeal of St. Maarten as a key tourism destination. "The goal is to elevate the promotion of our island throughout the wider Caribbean region. We aim to redefine the narrative surrounding St. Maarten, shifting the focus from solely being a connecting hub to showcasing the diverse multi-cultural vacation experiences that we have to offer, including entertainment, culture, gastronomy, adventurous excursions, nature, nightlife, the outstanding accommodations available, high-quality hospitality services and more. These all form a vital component of the 'Sweet SXM Experience' that we are promoting," shared Jacqueline Louis, CEO IMBRACE.

"We are knocking on doors, breaking down walls and actively paving the way into the Caribbean region. These efforts are essential to keep the island top of mind for inbound tourism" shared Louis. "We were received with a warm welcome among our Caribbean brothers and sisters. Several travel agencies, including Amrals Travel Agencies in Trinidad, Going Places Travel Agencies in Barbados, and many others are among those who have agreed to develop promotional packages that include offers to our dual-nation island paradise."

Additionally, discussions were held to explore affordable rates, direct connections, and cooperative campaigns, particularly for major events such as the SMART conference, St. Maarten Carnival, St. Maarten culinary month and other local festivities.

During radio interviews and other media presentations, the enthusiasm was invigorating as IMBRACE promoted the destination with passion, while launching a Caribbean-wide campaign to enter and get a chance to 'Win an all-inclusive vacation to Sweet St. Maarten!'

"IMBRACE's Caribbean tourism marketing initiatives are focused on building collaborative bridges where there were once competitive barriers. Connecting our shared historical, regional and family bonds will help stimulate increased affinity, awareness and thereby, also grow the tourism appeal of our Sweet St. Maarten," shared Jacqueline Louis.

These efforts will be continuous as IMBRACE remains dedicated to strategically implementing various campaigns as part of the comprehensive Caribbean marketing program.

Local hospitality providers, including hotels, restaurants, car rentals, activity/tour companies and all stakeholders are encouraged to participate in STB's Caribbean marketing efforts by sharing their products and regional promotions for inclusion in the ongoing destination marketing efforts.

Jacqueline Louis, CEO IMBRACE

SINT MAARTEN (GREAT BAY) - In recent months and in the past year there has been numerous attacks on the heritage of Sint Maarten culture our intangible and our tangible culture. Monument and heritage sites are being tampered with or targeted for destruction, without the proper legal procedures being followed.

On behalf of the Ministry of Education Culture Youth of Sport (MECYS), I, drs. Rodolphe Samuel offers my gratitude to all the people that have been calling in about the situation at the old Simpson Bay Bridge and other heritage sites. I beseech the public to remain vigilant when it comes to our monuments.

Just recently and quite unfortunate the Ministry has been called upon to address numerous ongoing situations such as the illegal renovation works taking place at L ’Escargot Restaurant property, the demolition of an historical ruin in Cole Bay, dumping of debris on the old Simpson Bay Bridge and the destruction of historical boulders at the former Emilio Wilson Plantation property in Cul de Sac.

“These are people who have been received with open arms yet fail to respect the very island that offers them a safe haven and sustenance. Our very own Sint Maarten people have been irresponsible with regards to our cultural traditions and monuments.

“We have to bring value to our heritage and culture, and I hereby remind and request the public to continue to be vigilant and alert. If you see something, do call the Ministry of Education Culture Youth and Sport immediately 520-5340.

“I am urging all residents, visitors, and citizens that have a love for Sint Maarten to join the Ministry of Education, Culture, Youth and Sport in its mission to safeguard the tangible and intangible Cultural Heritage of the people of Sint Maarten. We cannot do this without you, although our resources may be limited, our will is strong! Each of us must do our part in preserving what is ours for the future generations to come,” says Minster of ECYS drs. Rodolphe Samuel.

CULTURE, TRADITONS, and HERITAGE is everyone’s business. Yours, Mines, Everyone!

It is everyone’s responsibility to ensure that our history is preserved for the next generation.

We need our partners. We need alliances in the community to be extra vigilant with our trees, with our stonewalls, with our buildings, our wells, our traditions.

We are thankful to all of those who have been calling the Department of Culture and ministry to report on the destructions of relevant historical sites.

We ask for your continued support to be vigilant to pay attention.

There is a monument ordinance and process and procedures in place.

There are laws in place, fines, and jail time for individuals and or companies and organizations that violate our cultural patrimony.

The following is the process when applying for a monument permit.

Requests for obtaining a Monument Permit in accordance with the National Monument Ordinance (Monumenten Landsverordening, AB 2013, GT no. 336)

It is prohibited to touch a registered monument without a license from the Minister of Education, Culture, Youth and Sport, or violate any of the conditions laid down in such a license in whole or in part if it involves:

• breaking down or moving.
• destroying or damaging.
• alteration in any fashion.
• restoration, usage or allowed usage in a manner whereby the registered monument is defaced or put at risk.

A permit as referred to above must be requested in writing addressed to the Minister of Education, Culture, Youth and Sport (Soualiga Blvd., Philipsburg, Sint Maarten). The Minister decides on the request within six months after receipt of the written submission. In the event a decision is not taken within six months and the applicant is not notified or informed of such, the request shall be deemed to have been granted.

Even if a historical site or artifact is uncovered, you are required by law to report this to the Ministry of Education, Culture, Youth and Sport.

To determine whether a project requires a monument permit, the applicant can submit attached monument permit request form. For more detailed information containing general conditions please refer to the National Ordinance containing general conditions on Monuments by the Government of Sint Maarten which can be found on https://lokaleregelgeving.overheid.nl/CVDR319628/2.  

As minister responsible for monuments, I am hereby reminding the public of the monument ordinance and the requirement of the license prior to works being done on a monument.

The further destruction of our heritage will not be tolerated, and anyone seen violating the articles of the monument ordinance will face legal consequences.

Once again, we thank you for your continued support. If you're going to do any excavations and you come across something in question. Contact the department of culture or VROMI inspection. They in turn will call the relevant experts.

“Only together we can save our cultural heritage!”