Aruba submits dispute act for independent resolution body proposed for entire Kingdom

THE HAGUE--Aruba’s Prime Minister Mike Eman has formally submitted the draft Kingdom Disputes Act to the House of Representatives. The proposal, backed by the Parliaments of Aruba, Curaçao, and St. Maarten, seeks to resolve a long-standing gap in the Kingdom’s legal framework by establishing the Council of State of the Kingdom as the independent dispute resolution body whose binding rulings will apply to all countries within the Kingdom of the Netherlands.

This initiative gives long-overdue effect to Article 12a of the Charter of the Kingdom, which since 2010 has mandated the creation of a binding dispute resolution mechanism. That obligation was originally born from an Aruban amendment, later supported by Curaçao and Sint Maarten, which transformed the possibility of a dispute regulation into a legal duty. The Interparliamentary Kingdom Consultations (IPKO) and several motions adopted in the Dutch Parliament further confirmed that only an independent judicial body with binding authority could adequately fulfill this task.

When the Charter was amended in 2010, it was intended that disputes between the Kingdom and its countries would be adjudicated by an independent institution such as the Supreme Court or a new joint body. However, successive Dutch governments resisted relinquishing control, and a 2021 draft Kingdom Disputes Act that fell short of this requirement was ultimately withdrawn following strong opposition from Aruba, Curaçao, and St. Maarten.

The new draft, spearheaded by Prime Minister Eman and supported by the Caribbean countries, revives that original vision by empowering the Council of State to render final, binding rulings on disputes concerning the interpretation of the Charter and the lawful actions of Kingdom institutions.

St. Maarten gave its support in June 2024 when Chairlady of Parliament MP Sarah Wescot-Williams wrote to the Chairperson of Aruba's Parliament: "Following the Tripartite consultation of June 6 in The Hague, in which agreement was reached on a draft for a dispute regulation under Article 12a of the Charter, together with the accompanying explanatory memorandum and the treatment process of the draft by delegations of the Parliaments of Aruba, Curaçao, and Sint Maarten, I hereby inform you of the following.

"During the Tripartite it was agreed that the delegation of Aruba would send a final version in the week of June 17, 2024, so that the Parliaments of Curaçao and Sint Maarten could review the documents, give their opinion on the draft, and inform each other of the outcome of that review."

"The Committee for Kingdom Affairs and Interparliamentary Relations (CKAIR) has advised the Central Committee to approve the draft and the proposed treatment process. Herewith, I wish to inform you that the Central Committee of the Parliament has agreed and supports the draft and the proposed treatment process.

𝐊𝐞𝐲 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐏𝐫𝐨𝐩𝐨𝐬𝐞𝐝 𝐀𝐜𝐭

The Explanatory Memorandum (Memorie van Toelichting) outlines in detail how the law will function:

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟏–𝟐: Defines when a dispute exists—namely, when differences remain unresolved after extended consultations under Article 12 of the Charter. In such cases, the authorized minister of Aruba, Curaçao, or Sint Maarten may formally submit the case to the Council of State.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟑–𝟒: The Council of State will establish a uniform set of procedural rules (procesreglement) and allow both sides—the Kingdom government and the concerned country—to present written or oral arguments.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟓: Allows another country adversely affected by the disputed decision to join the case and present its position.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟔: Confirms the binding nature of the Council of State’s ruling, which carries the force of res judicata. No appeal or further legal remedy will be possible.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞𝐬 𝟕–𝟗: Establish information duties for all relevant Kingdom and country institutions to provide necessary data to the Council, and rules for quorum and voting. Decisions are taken by majority, with the chair’s vote breaking ties.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟏𝟎: Introduces the concept of dissenting opinions, ensuring transparency when Council members disagree.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟏𝟏: Stipulates that the Kingdom Council of Ministers must follow the binding ruling of the Council of State.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟏𝟐: Enshrines transparency and fairness, linking the process to constitutional guarantees in Aruba, Curaçao, Sint Maarten, the Dutch Constitution, and the European Convention on Human Rights.

𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟏𝟑: Includes a mandatory five-year evaluation clause to assess effectiveness and ensure the system meets its intended goals.

𝐂𝐚𝐫𝐢𝐛𝐛𝐞𝐚𝐧 𝐎𝐰𝐧𝐞𝐫𝐬𝐡𝐢𝐩 𝐚𝐧𝐝 𝐃𝐮𝐭𝐜𝐡 𝐑𝐞𝐬𝐩𝐨𝐧𝐬𝐢𝐛𝐢𝐥𝐢𝐭𝐲

This legislative step represents a triumph of persistence by the Caribbean countries, who for years insisted that Article 12a of the Charter be implemented faithfully. By ensuring that disputes are judged by an independent legal body rather than political organs, the Act seeks to restore balance in Kingdom relations and strengthen the credibility of the Kingdom abroad.

The submission of the bill with the consent of the Parliaments of Aruba, Curaçao, and Sint Maarten reflects a united front by the Caribbean countries, pressing for equal respect within the Kingdom’s constitutional order.

If passed, the Kingdom Disputes Act will mark a fundamental milestone in Kingdom constitutional development. It replaces decades of political wrangling with a transparent, judicially anchored system of checks and balances, ensuring that disputes over autonomy, rights, and responsibilities are resolved fairly and finally.

‍