The Kingdom of the Netherlands
One Kingdom – Four Countries
| The Kingdom of the Netherlands | The Netherlands | Aruba | Curaçao | St. Maarten | The Kingdom of the Netherlands | The Netherlands | Aruba | Curaçao | St. Maarten | T
Introduction
This paper is intended to inform the Member States and institutions of the European Union about the structure of the Kingdom of the Netherlands and the relationship
between the autonomous countries within the Kingdom and the European Union.
The paper consists of four parts:
I.
The Kingdom of the Netherlands: One Kingdom – Four
Countries
This first part explains the structure of the Kingdom, as well
as the division of competences between the Kingdom and its
autonomous countries and the internal structures of those
autonomous countries.
II. International Legal Agreements, Memoranda of
Understanding and International Organisations
This second part addresses a number of matters relating to
international law and international organisations, such as
the status that the Kingdom and its autonomous countries
can obtain within international and regional organisations.
III. Relationship between the Caribbean Part of the Kingdom
and the European Union
This third part explains the relationship between, on the
one hand, Aruba, Curaçao, St Maarten, Bonaire, Saba and
St Eustatius and, on the other, the European Union.
IV. The Economies of the Caribbean Part of the Kingdom
This fourth part focuses on some of the economic strengths
of the autonomous countries of the Kingdom located in the
Caribbean.
The Kingdom of the Netherlands
I. The Kingdom of the Netherlands:
One Kingdom – Four Countries
The Kingdom of the Netherlands consists of four
autonomous countries: the Netherlands, Aruba, Curaçao
and St Maarten.
The latter three are located in the Caribbean. The country of
the Netherlands consists of a territory in Europe and the
islands of Bonaire, Saba and St Eustatius in the Caribbean.
The Kingdom of the Netherlands therefore has a European
part and a Caribbean part.
Aruba, Curaçao and St Maarten are not overseas dependencies of the Netherlands, but instead autonomous partners
within the Kingdom, alongside the country of the
Netherlands. Bonaire, Saba and St Eustatius have the status
of public bodies (within the meaning of the Dutch
Constitution). In broad terms, their position is similar to
that of Dutch municipalities, with adjustments for their
size, distance from the European part of Netherlands and
geographic location in the Caribbean region.
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The current constitutional structure came into effect on 10
October 2010. Previously, Bonaire, Curaçao, Saba, St
Eustatius and St Maarten constituted a single autonomous
country within the Kingdom: the Netherlands Antilles. This
country ceased to exist on 10 October 2010. By that time
Aruba no longer belonged to the Netherlands Antilles,
having become an autonomous country within the
Kingdom in 1986.1
Only the Kingdom of the Netherlands is a State. Only the
Kingdom – not the individual autonomous countries or the
public bodies – has international legal personality. That is
why the EU Treaties were signed by the Kingdom of the
Netherlands. However, the Treaties were only ratified for the
European Part of the Kingdom, which is therefore in
principle the only part of the Kingdom to which the EU
acquis applies. Aruba, Curaçao, St Maarten, Bonaire, Saba
and St Eustatius are categorised as Overseas Countries and
Territories (OCTs; see below).
1
Until 1986 Aruba was part of the Netherlands Antilles.
Division of competences
The 1954 Charter for the Kingdom of the Netherlands is the
constitution for the Kingdom as a whole and lays down the
division of competences between the Kingdom of the
Netherlands and its four constituent autonomous countries. All areas are considered to be internal competences of
each of the autonomous countries unless the Charter
explicitly states otherwise.
Article 3 of the Charter specifies which areas are considered
‘Kingdom affairs’. These areas include foreign relations,
defence and Dutch nationality.2 Consequently, there is one
Minister of Foreign Affairs who has ultimate responsibility
for the foreign relations of the Kingdom as a whole and for
incorporating the interests of all four autonomous
countries in the Kingdom’s foreign policy to the best extent
possible. The Ministry of Foreign Affairs and the embassies,
consulates and missions abroad work for the Kingdom as a
whole and all its constituent parts.
Aruba, Curaçao, St Maarten and the Netherlands maintain
their own international contacts in the areas in which they
have autonomous responsibilities. However, when pursuing
these international contacts they must operate within the
framework of the Kingdom’s foreign policy, since foreign
affairs are a competence of the Kingdom. Diplomatic
communications are transmitted through the Ministry of
Foreign Affairs or one of the Kingdom’s embassies abroad.
2
The Kingdom’s competences are codified in and restricted by articles
3 and 43 of the Charter. All other areas fall within the competence of
the autonomous countries.
Article 3
1. Without prejudice to provisions elsewhere in the Charter,
Kingdom affairs shall include:
a. maintenance of the independence and the defence of the
Kingdom;
b. foreign relations;
c. Dutch nationality;
d. regulation of the orders of chivalry, the flag and the coat of
arms of the Kingdom;
e. regulation of the nationality of vessels and the standards
required for the safety and navigation of seagoing vessels
flying the flag of the Kingdom, with the exception of sailing
ships;
f. supervision of the general rules governing the admission and
expulsion of Netherlands nationals;
g. general conditions for the admission and expulsion of aliens;
h. extradition.
2. Other matters may be declared to be Kingdom affairs in
consultation. Article 55 shall apply mutatis mutandis.
One Kingdom – Four Countries
As head of state of the Kingdom of the Netherlands, His
Majesty King Willem-Alexander is represented in each of the
autonomous countries in the Caribbean by a Governor.
Aruba, Curaçao, St Maarten and the Netherlands each have
their own government and parliament. These institutions
are empowered to enact legislation related to the countries’
own affairs. Kingdom affairs are addressed in the Council of
Ministers of the Kingdom, which consists of the Ministers
of the Netherlands and three ministers plenipotentiary
appointed by Aruba, Curaçao and St Maarten.4
Aruba, Curaçao and St Maarten each have their own foreign
relations directorate or department, falling under the
authority of the prime ministers of the respective
countries.5
Supporting UN Peacekeeping Operations
Internal structure of the autonomous countries
The implementation of the Netherlands’ tasks on Bonaire,
St Eustatius and Saba (and the associated support services) is
the responsibility of the National Office for the Caribbean
Netherlands,6 which is headed by the Kingdom
Representative, who has an office on each of these three
islands. The National Office represents all the Dutch
ministries (apart from the Ministries of Defence and Foreign
Affairs, which work for the Kingdom as a whole).
In addition, the National Office implements the Minister
of the Interior and Kingdom Relations’ official tasks as the
employer of all public servants on Bonaire, St Eustatius and
Saba. As public bodies, these islands therefore have
considerably less autonomy than the autonomous countries
of the Kingdom; the government of the Netherlands plays a
significant role in their internal affairs.
The Kingdom of the Netherlands provides substantial support to
UN peacekeeping operations around the world. Since 1946 the
Kingdom of the Netherlands has deployed over 112,000 personnel
to these operations. Together, we can make the world a safer place.
Each of the autonomous countries has the obligation to
promote the realisation of fundamental human rights and
freedoms, legal certainty and good governance;3 this is
primarily their own, autonomous responsibility. However
the safeguarding of such rights and freedoms, legal
certainty and good governance is deemed a ‘Kingdom
affair’. As a consequence, the Kingdom can respond if an
autonomous country fails to fulfil its duty adequately in this
field. Whether this is the case is primarily to be assessed by
the Council of Ministers of the Kingdom (see below).
The countries in the Kingdom work together to protect the
independence of the judiciary, tackle corruption and
cross-border crime, and maintain public order. A joint Court
of Justice is responsible for the administration of justice in
the Caribbean part of the Kingdom. The Supreme Court in
The Hague is the court of cassation for all parts of the
Kingdom. Investigative and prosecutorial powers are vested
in the procurator general. A single procurator general is in
charge of the Public Prosecution Service for Curaçao,
St Maarten, and Bonaire, St Eustatius and Saba. Aruba has
its own procurator general.
The Dutch public bodies Bonaire, St Eustatius and Saba have
two tiers of government, i.e. a local authority and the
central government ofServing
the Netherlands.
Broadly
as Legal Capital
of thespeaking,
World
‘In The Hague you bring the rule of law to life’, according to UN
central government has
taken
over
the
duties
that were
Secretary-General Ban Ki-moon. The city’s magnificent
Peace Palace
is home to the International Court of Justice and the Permanent Court
performed by the Antillean
authorities
until
October
of Arbitration.
These courts contribute
to the10
peaceful
settlement of
disputes and strengthen the international legal order.
2010. Each public body’s
local government is under the
control of the local representative assembly, called the
island council.
The Kingdom of the Netherlands
One Kingdom - Four Countries
CuraÇao
Cuba
Aruba
Haïti
Jamaica
Dominican
Republic
St Maarten
The Netherlands
Nicaragua
Costa rica
Cabinet of the minister plenipotentiary of Aruba: www.arubahuis.nl
Cabinet of the minister plenipotentiary of Curaçao:
www.vertegenwoordigingcuracao.nl
Cabinet of the minister plenipotentiary of St. Maarten:
www.kgmsxm.nl
5
Foreign affairs department Aruba: www.arubaforeignaffairs.com Foreign
affairs directorate Curaçao: www.gobiernu.cw
Foreign relations department St. Maarten: www.sintmaartengov.org/
government/AZ/Department-of-Foreign-Relations/Pages/default.aspx
Guyana
Colombia
Ecuador
Peru
St Eustatius
Brasil
3 special municipalities
of the Netherlands
Bonaire
Saba
European & Caribbean
Living with Water
4
Venezuela
Panama
Article 43, Charter for the Kingdom of the Netherlands:
1. Each of the Countries shall promote the realisation of
fundamental human rights and freedoms, legal certainty and
good governance.
2. The safeguarding of such rights and freedoms, legal certainty
and good governance shall be a Kingdom affair.
For the Kingdom of the Netherlands, water is both our strongest asset
and biggest challenge.The Netherlands is a river delta country where
more than half of the population lives below sea level. And across the
Atlantic, Aruba, Curaçao and St Maarten are small island developing
states (SIDS). Together, we must continue to find innovative solutions
to overcome water related challenges.
3
6
In Dutch: Rijksdienst Caribisch Nederland; www.rijksdienstcn.com
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The Kingdom of the Netherlands
II. International Legal Agreements,
Memoranda of Understanding and
International Organisations
International legal agreements
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Since only the Kingdom of the Netherlands is a subject of
international law, only the Kingdom can conclude, ratify
and accede to international legal agreements, such as
treaties and conventions. However, the geographical
applicability of these agreements may be confined to Aruba,
Curaçao, St Maarten, the European part of the Netherlands
and/or the Caribbean part of the Netherlands (the islands of
Bonaire, St Eustatius and Saba). In other words, such
agreements may be concluded by the Kingdom for one or
more of its constituent parts. Treaty implementation and
compliance is an autonomous responsibility of the
individual countries, i.e. Aruba, Curaçao, St Maarten and
the Netherlands (for the European and Caribbean parts of
the Netherlands). Nevertheless, the Kingdom of the
Netherlands remains accountable under international law
as the Contracting Party. In areas in which the individual
countries have autonomy, they can conduct negotiations
themselves. However, the Kingdom must ultimately
formalise the results, as it is the Kingdom that will become
party to the international legal instrument concerned.
Memoranda of Understanding
The individual countries are allowed to conclude
Memoranda of Understanding (MoUs) in areas in which
they have autonomy, as long as these MoUs do not infringe
on the foreign policy of the Kingdom as a whole.
International organisations
It is the task of the Kingdom of the Netherlands to represent
the interests of all its autonomous countries in international organisations, with the interests of the European part of
the Kingdom being represented in accordance with
obligations under EU law. With the Kingdom’s agreement,
Aruba, Curaçao, St Maarten and the Netherlands (on behalf
of the European and/or Caribbean part of the country) can
also be assigned a status of their own within international
or regional organisations. The internal rules of the
organisation in question will determine whether the four
countries can become separate members, associate
members or observers. A country’s membership status
determines its rights and obligations within the international organisation.
Delegations of the Kingdom of the Netherlands to international meetings can consist of members from every
autonomous country of the Kingdom, and be headed by a
delegate from any of the four countries.
The ICCAT (International Commission for the Conservation
of Atlantic Tunas) is a unique example of how the interests
of the Kingdom are represented in international organisations. The EU is member of ICCAT on behalf of all EU Member
States. Curaçao is a member in its own right. The interests
of the European part of the Kingdom of the Netherlands are
therefore represented by the European Union, while
Curaçao represents itself.
III. Relationship between the
Caribbean Part of the Kingdom
and the European Union
The Treaty of Lisbon distinguishes two forms of entities that
have ties with Member States but are located outside
Europe: 7 Outermost Regions (ORs) and Overseas Countries
and Territories (OCTs). This status determines these entities’
legal position vis-à-vis the EU and whether EU legislation
applies to them. In principle the EU acquis does not apply to
OCTs; instead, an association regime exists between the
OCTs and the European Union, to which a framework of
detailed rules and procedures applies. 8 The general rule for
OCTs can therefore be stated as follows: ‘EU law does not
apply, unless provided otherwise’.
As stated above, the Treaties of the European Union have
been signed by the Kingdom of the Netherlands, but are
only ratified for the European part of the Kingdom. As a
consequence, the EU acquis is, in principle, applicable only
to the European part of the Kingdom. The Caribbean parts
of the Kingdom of the Netherlands are listed as OCTs in
annex II of the Treaty on the Functioning of the European
Union. This applies to the autonomous countries Aruba,
Curaçao and St Maarten and to the public bodies Bonaire,
Saba and St Eustatius. This status determines their legal
position vis-à-vis the European Union. As a result of their
OCT status, the autonomous countries and public bodies
enjoy a number of benefits, for example regarding exports
to the EU. It should be noted that Bonaire, St Eustatius and
Saba remained OCTs when they became part of the country
of the Netherlands in October 2010.
7
Art. 198 TFEU for OCTs, Art. 349 TFEU for ORs.
8
Council Decision 2013/755/EU.
One Kingdom – Four Countries
Citizens of the Caribbean parts of the Kingdom are Dutch
nationals and thus have Dutch citizenship. Therefore, they
enjoy the benefits of European citizenship and can, for
example, vote in elections for the European Parliament.
The different countries in the Caribbean part of the
Kingdom of the Netherlands have different priorities. These
priorities are supported by the European Development Fund
(EDF), which is administered by the Directorate-General for
International Cooperation and Development (DG DEVCO).9
Aruba’s focus on renewable energies is co-financed by the
EDF. The EDF has also co-financed various infrastructure
projects on Curaçao linked to fundamentally important
sectors such as its harbour. St Maarten’s focus is on waste
water treatment and sewerage infrastructure.
St Maarten and its French neighbour Saint Martin have
different statuses under EU law. Saint Martin has OR status,
while St Maarten is an OCT. Their cooperation in various
fields, such as the coastguard service and a common waste
incinerator, is co-financed by the EDF and the European
Regional Development Fund (ERDF) and serves as a fine
example to other border regions.10 It may also be expanded
to include other fields in future.
The Caribbean countries and public bodies promote their
interests as part of the Association of the Overseas Countries
and Territories of the European Union (OCTA). The
collective aim of the OCTA is to enhance sustainable
economic and human development, which it pursues
through cooperation with the EU as well as other regional
and global partners. The OCTA increases the visibility of the
OCTs vis-à-vis the European Union and plays a facilitative
role as a knowledge-sharing platform. At the time of writing
(April 2015), Curaçao is Chair of OCTA; Aruba is vice-chair. St
Maarten is the Regional Authorising Officer (RAO) for the
EDF regional programme.
9
Aruba, Curaçao, St Maarten, Bonaire, Saba and St Eustatius have
been awarded grants under the 11th EDF for the period 2014-2020.
The indicative amounts awarded to each of these OCTs and the
priorities of each OCT are as follows. Aruba: €13.0 million (education,
the aim being to invest in higher education and add a new faculty to
the University of Aruba to focus mainly on sustainable energy);
Curaçao: €16.9 million (renewable energy); St Maarten: €7.0 million
(water sanitation); Bonaire: €3.9 million (integrated neighbourhood
approach); Saba: €3.5 million (renewable energies); St. Eustatius
(underground cabling, the aim being to move the electricity network
underground).
10
The legal basis for co-financing the cooperation between St Maarten
and Saint Martin is art. 80 of Council Decision 2013/755/EU of 25
November 2013 on the association of the overseas countries and
territories with the European Union (‘Overseas Association
Decision’).
IV. The Economies of the Caribbean
Part of the Kingdom
The Caribbean part of the Kingdom of the Netherlands has a
population of around 310,000 and an area of roughly
980 km², which is approximately three times the size of
Malta. All of the islands share common challenges
including remoteness from markets, geographical isolation,
vulnerability to external shocks, an inability to rely on
economies of scale and susceptibility to the uncertainty and
unpredictability of climate change. These characteristics
distinguish them from the European part of the Kingdom
and mean that they require special attention. At the same
time, the EU’s relationship with the OCTs offers a basis for
sharing the EU’s values and standards in the Caribbean and
Latin America.
The economies of the Caribbean part of the Kingdom are
largely dependent on tourism. To illustrate this point:
tourism and tourism-related industries such as yachting are
the main pillar of St Maarten’s economy; it is estimated that
cruiseship tourism alone accounts for approximately 15% of
the country’s GDP. Furthermore, local enterprises, such as
Curaçao’s harbour and refinery, make a significant contribution to the local economy and are big local employers.
To diversify their economies these countries are making
serious efforts to promote their uniqueness and their
geographical position. These efforts concern a variety of
fields: Aruba is focusing on renewable energies and wants
to become the first green economy in 2020. A centre of
excellence has been established to help achieve this target.
Curaçao is utilising its geographical position by expanding
its harbour. Through various different approaches, the
whole region is building on its position as a hub between
Europe and the Americas; Aruba, Curaçao, St Maarten and
Bonaire all aim to expand their regional hub function.
The Caribbean part of the Kingdom of the Netherlands
faces the same challenges as Small Island Developing
States (SIDS). These challenges are being addressed at
international level by the United Nations through the
Programme of Action for the Sustainable Development of
SIDS. The Kingdom actively promotes the interests of SIDS.
The size and location of the Caribbean part of the Kingdom
make it vulnerable to economic fluctuations and climate
change. Through research and by applying and sharing best
practices in the field of climate change and sustainable
development, the Caribbean part of the Kingdom aims to
serve as a knowledge centre for the region.
The Hague / Oranjestad / Willemstad / Philipsburg, April 2015
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Published by:
Ministry of Foreign Affairs
P.O. Box 20061 | 2500 EB The Hague | The Netherlands
www.government.nl
The Kingdom of the Netherlands | APRIL 2015
15BUZ84747 | E
The Kingdom of the Netherlands | The Netherlands | Aruba | Curaçao | St. Maarten | The Kingdom of the Netherlands | The Netherlands | Aruba | Curaçao | St. Maarten | Th
For more information
Carmen Hagenaars
Head of International Cooperation and Trade
Permanent Representation of
the Kingdom of the Netherlands to the EU
Email: [email protected]
Tel: +32 26 79 15 03
Nout van Woudenberg
Kingdom Affairs Adviser
Ministry of Foreign Affairs
Email: [email protected]
Tel: +31 652 50 31 43