In the advice “Equity as a Constitutional Mandate. Breaking the inequity between European and Caribbean Netherlands”, the NCDR analyses the inequity between the two parts of the Netherlands. Based on this analysis, the NCDR advises adopting a different normative framework for policy affects residents of Bonaire, Saint Eustatius and Saba. Moreover, the NCDR makes seven concrete recommendations to end that inequity. These recommendations concern, among other areas, livelihood security, healthcare, education and connectivity.
Rabin Baldewsingh, National Coordinator against Discrimination and Racism:
Equality is not an abstract principle. It is a mandate anchored in Article 1 of our Constitution that obliges the Dutch State to provide every resident, regardless of place of residence, with equal protection, equal rights and an equivalent level of services. That mandate is clear. Its implementation is not.
With and for the people themselves
The advisory was explicitly developed in consultation with the people of Bonaire, Saint Eustatius and Saba. Over the past years the NCDR organized various meetings and consultation sessions with and on the Caribbean islands. At the end of last year the NCDR held a conference on Bonaire with representation from citizens, grassroots groups, civil society and politics.
Looking at policy with a new perspective
The NCDR formulates four normative principles that should form the basis for policy:
- Constitutional equality should not exist only on paper, but should be experienced as self-evident in politics, administration and daily practice.
- Tailoring (customized measures) should be the exception, only justified if it stems from the principle of equality, and never used as an excuse to postpone equal treatment.
- The Dutch state has a duty of care: not only to refrain from discrimination, but also to actively contribute to equal treatment and not to be a barrier itself.
- The colonial and slavery past must be acknowledged as the context in which current inequalities arose, and as an inseparable part of the way forward.
Rabin Baldewsingh:
The knowledge is available. The signals are clear. The urgency is undeniable. What is missing is a consistent and enforceable translation of the principle of equality into policy and implementation.
Put positive deviation at the center of the constitution
The NCDR makes seven recommendations in the advice, including on livelihood security, healthcare, education and connectivity, but also on legislation and regulation. The most impactful recommendation is: to reformulate the differentiation clause (Article 132a, paragraph 4) of the Constitution by placing positive discrimination at the center of the legal text. This ends the legal uncertainty and emphasizes the original intention of the provision to allow, where necessary, room for extra measures to promote equal treatment.
In line with this, the NCDR recommends developing an enforceable equity framework based on “comply or explain” that applies to all laws and regulations, including those from before 2019. And: ratify, no later than 2030, all human rights treaties that do not yet apply to Caribbean Netherlands. A number of other recommendations are:
- Develop a National Program for Social Equality and Participation with an executive taskforce.
- Fully reimburse all costs for medical transfers and reduce additional burdens as much as possible.
- Forgive student loan debt for island children who return, as part of a broader strategy for brain gain.
- Introduce a Public Service Obligation (PSO) for affordable air services between the Windward Islands.
End second-class citizenship
This advice issues an urgent call: take the principle of equality seriously and end the second-class citizenship of residents of Bonaire, Sint Eustatius and Saba. Not everything can be solved tomorrow, but the direction is clear. Responsibility for equality must be shared, as it is for every municipality in the Netherlands. Immediate action is possible and necessary, and begins with setting clear standards.