Reparations ordinance to restore regulations on ‘negative list’
WILLEMSTAD - The coalition party PAIS presented a bill proposal named ‘Reparations Ordinance” to restore all those laws, which were unduly placed on the negative list on October 10, 2010. These should be restored by ministerial decree. According to the PAIS faction in parliament, this will have to take place through a special legislative procedure.
“Shortly after October 10, 2010, when Curaçao became an autonomous country within the Kingdom, we all observed that with the transition to a new country, some serious mistakes were made.” According to the PAIS faction, these errors have caused irreparable damage to Curaçao’s legal system. Some state ordinances, which are very important for the country, and other laws that are important for certain sectors, were placed on the negative list. The latter means that these laws no longer exist and people are not able to call upon them. The regulations, which were inadvertently withdrawn, cannot be revived by amending the list. Restoration of these laws (in original condition) by undoing the ‘expiration’ is legally not possible. Once it’s gone, it cannot be undone. Recovery is possible only by creating a new regulation.
Regulations that were mistakenly placed on the negative list include: Financial Management, Fire Department, solid and chemical wastes, Police Regulations, and the Meteorological Service. The PAIS faction has so far identified some 14 regulations. There are possibly other laws which ought not to be on the negative list and can be added to the bill proposal before treatment in parliament, PAIS indicated. Fact is, according to PAIS leader Alex Rosaria, that the Curaçao citizen is daily hindered by the fact that there are no legal basis for government action. "The citizens cannot understand why the government allows this situation to continue for so long. Citizens express themselves daily in all kinds of radio programs, in newspapers, on Facebook and via phone about this - for some untenable - situation.
“Mention is made of unacceptable situations where, for example waste is burned without the necessary permission or waste is deposited on public roads, with no respect for man and nature and which cannot be tackled because of the lack of a legal basis to do so, said the political leader. During the past few years, the government has unsuccessfully attempted in various ways to fill the legal gap created by this situation. How long, one wonders. “After careful consideration, we decided to put an end, through a democratic instrument, to this uncertain situation for the citizens. Our faction wants to come with a reparations ordinance to revive the legislations that are required in our state. And this should take place within a reasonable time.”