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Social Economic Council
WHAT IS THE SOCIAL ECONOMIC COUNCIL?
The Social Economic Council is an independent advisory organization of the country of Sint Maarten. The council consists of three representatives from employers’ organizations, three representatives from employees’ organizations, and three independent experts. All board members have a substitute member. The chairman of the board is an independent expert. The board is assisted by the secretariat of the Social Economic Council. The secretariat consists of five staff members. Obligated by the constitution of the new country of Sint Maarten the government signed the ordinance of the Social Economic Council into law in December 2010.
WHAT IS OUR MISSION?
The Social Economic Council seeks to contribute to
good governance on Sint Maarten. Good governance is participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive, and follows the rule of law. Together these principles for governance form the conditions for sustainable human development.
Through its constitutional role the Social Economic Council contributes specifically to participatory and consensus orientated governance. Participatory governance means that governing is too important to be left only to the government. As citizens we can do more for our society than to turn up to vote once in every four years. Government can benefit from the knowledge and experience within civil society. The ordinance of the Social Economic Council makes sure
experience and knowledge from civil society have a voice and can advise the government of Sint Maarten.
The Council contributes to participatory government but also carries the spirit of consensus-oriented government. Representatives from employees and organizations and independent experts stand strong if they agree after consultation and stand together. At the same time government is able to find out what society thinks about policies and draft law through the discussion in the Social Economic Council.
SOCIAL ECONOMIC COUNCIL
A unanimous positive advice or adaption on draft law is a strong signal from civil society. Furthermore, the Council provides a forum where representatives from employees and employers organizations discuss issues important to both.
WHAT IS THE TASK OF THE SOCIAL ECONOMIC COUNCIL?
The Social and Economic Council provides the government of Sint Maarten with solicited and unsolicited advice on all important social and economic issues. How does the Council work?
SOLICITED ADVICE
The council receives a request for advice from a minister of the cabinet regarding a policy or draft law. To be able to write an advice the Council conducts research on the basis of quantitative and qualitative data, relevant literature and policy documents, and the identification of stakeholders. After discussion and approval in the board meeting the advice is adapted and made final. The final advice is submitted to the Minster of General Affairs of Sint Maarten. The Minister of General Affairs will make
the advice public after which the advice will also be posted on this website.
UNSOLICITED ADVICE
Board- and staff members of the Council can submit social economic topics relevant for the community of Sint Maarten to the board agenda for discussion. After discussion in the board meeting if the board agrees that the policy area is eligible for unsolicited advice, an advice can be drawn. After which the process of unsolicited advice follows the same path as solicited advice.
Social Economic Council Building 2 / Unit 4K, Eagle Rd., Philipsburg, Sint Maarten (Dutch Caribbean) Email: info@sersxm.org Web: www.ser.sx
THE INSTITUTION OF THE OMBUDSMAN
ORIGIN: In 1809 the institution of Ombudsman was born in Sweden where the Ombudsman was appointed by Parliament. The institution was charged with safeguarding the rights of its citizens by examining citizens’ complaints and to work in close contact with the highest authority in the land.
Countries in all parts of the world have followed the example of the Scandinavian model, even calling the new institution by the same name, Ombudsman. Some Spanish countries refer to the institution as “Defonsor del Pueblo”, the French as “Médiateur de la République”, and others refer to the institution as the “Public Protector”. An added dimension to the institution as it evolves is one of Human Rights Commission.
ESTABLISHMENT
The Kingdom of the Netherlands: The Institution was established in the Netherlands in 1982 with a National
Ombudsman, followed by the appointment in 1987 of an Ombudsman of Amsterdam; in 2003 an Ombudsman was
appointed on Curaçao, and per October 10th 2010 the Ombudsman of Sint Maarten was appointed. The Ombudsman Sint Maarten was founded on October 10th, 2010 by National Ordinance Ombudsman (AB 2010 no.20). As one of the High Councils of State its legal origin is founded in the Constitution of Sint Maarten (article 78) and as such its independence is safeguarded. The first Ombudsman of Sint Maarten was Dr. Rachnilda (Nilda) J.A. Arduin.
In 1978 the International Ombudsman Institute was
established, and in 2002 the Caribbean Ombudsman formed the Caribbean Ombudsman Association. The Ombudsman of Sint Maarten is a member of both organizations. In 2012 the Ombudsman of Sint Maarten was elected to be one of the regional directors of the International Ombudsman Institute, representing the Latin and Caribbean region on the Board.
Private companies, universities and non-profit organizations in other countries also have ombudsman offices to deal with
internal complaints; these report to the CEO or board of directors, whereas an ombudsman who deals with complaints against government bodies or entities charged with public authority, in general reports to the Parliament of the country.
ORDINANCES GOVERNING THE TASKS AND COMPETENCES OF THE OMBUDSMAN:
THE CONSTITUTION OF SINT MAARTEN (AB 2010 NO. L);
THE INSTITUTION OF THE OMBUDSMAN
COMPETENCIES OF THE OMBUDSMAN
The role and competencies of the Ombudsman are regulated in the Constitution of Sint Maarten, the National Ordinance Ombudsman and the National Ordinance Constitutional Court.
1.
THE INVESTIGATIVE ROLE: “PROTECTOR OF THE CITIZENS.”
The Ombudsman is authorized to investigate complaints filed against a civil servant, government body or government entity charged with public authority for behavior or conduct exhibited in the execution of their function.
The complaint can be filed by a natural person or an entity.
The Ombudsman can initiate an investigation on her own when the Ombudsman is of the opinion that certain practices or behavior are improper.
The Ombudsman investigates the conduct of government in the relationship with its citizens that goes beyond the written laws: The Ombudsman investigates “propriety” in accordance with the rules of conduct /standards of proper conduct developed to promote ‘good governance’.
The Ombudsman can also initiate an investigation on her own.
2.
ROLE IN THE LAWMAKING PROCESS: “GUARDIAN OF THE CONSTITUTION.”
According to the Constitution only the Ombudsman can submit new laws and regulations, that seem to be in conflict with the Constitution, for partial or total annulment to the Constitutional Court. This has to be done in writing within 6 weeks after ratification of the law. Exceptions: Uniformed laws (in association with Aruba, Curaçao and Sint Maarten) and Laws of an urgent nature.
The Ombudsman has the authority in accordance with the National Ordinance to:
• investigate complaints or own motions
• intervene to find practical solutions within a short period of time
• issue a ruling after investigation
• provide recommendations to government; measures to be taken to address a situation in general
• stop an investigation
• inform Parliament immediately after investigation
• publish its findings, conclusions and anonymous reports (without
names of the complainants
