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French, Dutch side Govts agree to wrap up protocol
by The Daily Herald


Posted: Oct 28, 2005 14:25 UTC

PHILIPSBURG--French- and Dutch-side authorities announced after a meeting Thursday that a Memorandum of Understanding (MOU) would be signed shortly to deal with common issues that are affecting both sides of the island and have put a strain on the relations between them.

Commissioner Sarah Wescott-Williams explained at a press conference held shortly after the meeting “prompted” by the “concerns” of the administrations of both sides regarding recent developments, that included in the MOU would be matters such as trade, economy and labour. The MOU, which will serve the interest of the entire population of the island, should be signed on or around St. Maarten/St. Martin Day, she said.

French side Mayor Albert Fleming said some “burning issues” had been discussed at Thursday’s meeting, which was part of the regular consultation between the two sides. “What we need to understand very clearly is that the French side is an integral part of Europe,” he said, clarifying that since the decision of December 7, 2003, to opt for separate status, Marigot had been trying to “as much as possible” to implement regulations that exist in Europe today.

Negotiations will be necessary to be able to counteract these regulations, said Fleming. He called the protocol of understanding an “important element” in this. “When it is ratified by the two sides, I will travel to Paris to make sure that the Minister of Overseas Departments will approve this document,” he stated.

Wescott-Williams reiterated that when the previous draft document had been developed some three years ago the emphasis had been on matters like the environment and health. “Today, however, those areas of concern have increased,” she said, adding that the protocol was a framework document, providing the basis for all areas.

There is a general agreement on that framework document, while there’s also a proposal from the Sector of Economy and Tourism as to what organisation should be put in place for the further working out and implementation of matters listed in the MOU, Wescott-Williams explained.

The Executive Council will be reviewing the document for organisation and implementation and will forward that proposal to Marigot “so they can look at it and hopefully give it their blessing.”

Wescott-Williams said the two administrations would be meeting again in the “not too distant future” to review the steps that had been agreed on during Thursday’s meeting and “see if things are moving the way we want them to move.”

The issue of insurance which, according to the Commissioner “goes beyond” the specific matter that relates to NAGICO insurance company, “deserves special” attention. “We need experts in to come together and hammer out these matters, so the people’s representatives can be informed as to what level these matters have to be taken to so they can be solved or at least looked at.”

It has also been agreed to make an inventory of the issues that are affecting St. Maarten/St. Martin today. “While we believe that some have been in the public eye here lately, there going to be more. Fact is that we have two administrations and several jurisdictions where it comes to the different areas like trade, justice, insurance, you name it,” she said. It is important to be proactive and foresee some of the other matters that can arise.

According to Fleming, it is “extremely important” for the authorities to be “clear” on the direction they are going. He said that in the new constitutional status, St. Martin would have a Deputy and Senator to sit in Parliament of France to make sure that any law affecting the island would have to be discussed and agreed on before it could be implemented.

Fleming said he had explained to Sous-Préfet Maurice Michaud that “things can’t continue in this manner” and that dialogue was “the only way” to reach a “concrete solution” between the two sides of the island.

He explained that the Customs Department, for example, was a jurisdiction by itself and didn’t resort under the local government. “That is the problem and that is why this protocol of understanding is so important.”

About the situation with NAGICO insurance company, he said: “It is not a government situation. It is a justice situation.” He explained that there had been three cases on the French side in which vehicles from the Dutch side were involved in fatal accidents. The amount that has to be paid to the families of the victims amounts to some 380,000 euros, while the Dutch side insurance “only covers up to 50,000 (euros).”

Issues such as these can only be worked out on a technical level, said Fleming, highlighting the importance of discussing them as they come up. Predicting that there would be more meetings, he said: “We can’t leave them, because we are creating an atmosphere of non-confidence. We need to take care of our people.”
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