PHILIPSBURG, Sint Maarten – According to UN Resolution 1541, the United Nations recognizes three models whereby a full measure of self-governance can be attained: independence, free association with an independent state, or integration with an independent state. Any country or territory that has not attained independence, free association, or integration with an independent state is considered to be non-self-governing and is subsequently placed on the list of Non-Self-Governing Territories. Bear in mind that free association, as defined by UN Resolution 1541, requires that there be no external interference by the independent state.
St. Maarten, and its sister islands, have not attained independence, do not have a free association with the Netherlands, nor have they been integrated with the Netherlands. Alternatively, we have not been placed on the current list of Non-Self-Governing Territories which means that we have no legal status as a territory. (Bear in mind that there is no UN resolution removing the former Netherlands Antilles from the original list of NSGT’s of 1946.) In the absence of said UN resolution, St. Maarten, and its sister islands, have no legal status.
In order for St. Maarten, and its sister islands, to gain legal status, we must first be re-listed on the list of Non-Self-Governing Territories. After reinscription on the list of NSGT’s, the Kingdom Charter would then have to be amended according to the recommendations made by the United Nations General Assembly in 1955. Those amendments include removing Articles 44, 50, 51, as well as, the appointed governor. Once the Kingdom Charter has been amended, the islands would then have a free association with the Netherlands which would be devoid of alien subjugation, economic exploitation, and external interference.
