Oranjestad- In the injunction filed against the Dutch Government yesterday, Clyde Van Putten, Charles Woodley, Derrick Simmons, Rechelline Leerdam and Reuben Merkman and the PLP party claim that the action by Dutch Goverment to dispose the elected Government is -in the end- nothing but racial discrimination.
The claim by the “Coalition Government” is based on 3 main considerations:
The first consideration is that the Senate and the Second Chamber have established the Act to dispose the elected Government, knowing it is in violation to Article 73 of the UN Charter. The claimants state that there can only be an explanation for this unequal treatment of similar cases. The UN is a white “First World” organization, while plaintiffs represent a small island with a black population.
The second argument of the claimants refers to Plasterk’s letter of 5 July 2017. In the letter the former Minister acknowledged that “the requirements of the Charter have been observed”, but states that the “complete political emancipation” is not “realistic” for St. Eustatius. This statement, according to the injunction, is a common racist argument, which means “you are colored, and this is too good for you”. According to the claimants, colored people know and recognize every nuance of this argument.
The statement of the Council of State (Raad van State) in the advice to the defendant regarding the law Temporary Task Neglect. “A quotation from the Opinion of the Council of State clearly shows that this Council is endowed with a colonial mentality and paternalism that are motivated by a superiority complex, which in turn is the child of racism. The Council of State knows, or at least should know, that the right to “complete political emancipation” is enshrined in the Charter of the UN and must therefore be respected, but is so blinded by racism that it is in respect of the right to the full political emancipation (autonomy) states: “it must be prevented that expectations are aroused that can not be fulfilled”, according to the claim by the disposed Government.
The injunction filed knows 5 concrete demands, being:
The Dutch Government should allow plaintiffs access to their offices again so that they can resume their duties.
Order the Dutch Government to stop their ‘unlawful actions’ on St. Eustatius.
Withdraw the appointed ‘Government Commissioners’, Mike Franco and Mervin Stegers, as well as advisor Jenny Thunnissen
To order Dutch Government, pending the ‘bodem procedure’ to refrain from acts on St. Eustatius in violation of Article 2, 73 jcto 103 of the Charter of the UN and Article 27 of the Vienna Convention on the Law of Treaties or to introduce legislation or decrees of any kind on St. Eustatius.
The conviction of the Duch Government to pay to the claimants an immediately due and payable penalty payment of US $ 1,000,000.00 into the bank accounts of the Public Entity of St. Eustatius.
A date for the hearing of the injunction has not been established as of yet, but will have to take place within 3 weeks of the date in which the injunction has been filed at the Court in Philipsburg.