Ombudsman Mossel warns of declining responsiveness, systemic bottlenecks

GREAT BAY--The Office of the Ombudsman of St. Maarten presented its 2024 Annual Report on Thursday in a Central Committee meeting of Parliament, offering an assessment of the country’s governance challenges, systemic bottlenecks, and the slow pace of reform. Ombudsman Gwendolien Mossel, accompanied by Legal Advisor Aishira Cicilia, addressed Members of Parliament during a Central Committee meeting devoted entirely to the report, which documents how political instability, administrative delays, and capacity shortages continue to erode citizen confidence in public institutions.

Mossel opened by expressing gratitude to Parliament and the people of St. Maarten for her reappointment for another term as Ombudsman. “We will continue to work with dedication and integrity to ensure that the voice of the people is heard and reflected in government’s actions and policies,” she said. She also paid tribute to outgoing Secretary General Randall Dawkins, who served for a decade and was recently appointed as a member of the Council of State of the Kingdom of the Netherlands for St. Maarten.

𝐃𝐞𝐜𝐥𝐢𝐧𝐞 𝐢𝐧 𝐜𝐨𝐦𝐩𝐥𝐚𝐢𝐧𝐭𝐬 𝐚𝐧𝐝 𝐩𝐮𝐛𝐥𝐢𝐜 𝐡𝐞𝐬𝐢𝐭𝐚𝐭𝐢𝐨𝐧

The Ombudsman noted that 2024 saw nearly 100 fewer complaints than the previous year, a trend she attributed to political uncertainty following two separate elections in February and August. “Citizens often hesitate to file complaints during transitions,” she said, explaining that many people preferred to wait for a stable administration before engaging government.

This decline, Mossel cautioned, did not mean fewer problems. Instead, it revealed “a broader public reluctance to engage,” particularly when ministries were slow or non-responsive. She pointed to the Ministry of VROMI as the top source of complaints since 2019. Many of these files, she said, could not be completed because ministries failed to provide the required responses.

“These complaints represent real individuals facing genuine issues,” Mossel stressed. “Failing to respond does not just delay a file, it undermines faith in government.”

She noted that some of the non-responsiveness stems from severe shortages of human and financial resources, but said these limitations cannot continue to serve as an excuse. “While capacity challenges are real, they also serve as a call to action for government to reassess its commitment to serving citizens more effectively.”

𝐋𝐚𝐧𝐝 𝐢𝐬𝐬𝐮𝐚𝐧𝐜𝐞 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐃𝐢𝐝𝐚𝐦 𝐯𝐞𝐫𝐝𝐢𝐜𝐭

Mossel renewed her long-standing call for the government to adopt a comprehensive policy on the allocation of government land, in line with the Didam verdict of the Dutch Supreme Court. Despite repeated requests since 2022, no such policy has been implemented.

“The Ombudsman continues to receive complaints and inquiries about the issuing of government land,” she said. “It is essential that government adopt such a policy without delay, in line with the principles of good governance.”

She suggested that, while the new policy is being finalized, the Ministry of VROMI should at least issue a standard information letter to affected persons explaining the current status of the policy and the implications of the Didam ruling.

𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐜𝐡𝐚𝐢𝐧: 𝐛𝐚𝐜𝐤𝐥𝐨𝐠𝐬 𝐚𝐧𝐝 𝐜𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞 𝐟𝐚𝐢𝐥𝐮𝐫𝐞𝐬

The Ombudsman’s concerns extended to the Ministry of Justice, where she described a “persistent backlog” in the handling of residence permit applications and objections. Some cases, she said, have been pending for over a year.

She further emphasized the absence of a clear and transparent complaints procedure within the Police Force of St. Maarten (KPSM). “The public and even police staff themselves are unclear about how to file complaints or seek redress,” she said. Although a complaints committee was established, it remains non-operational, and the police’s online complaint system has been inactive for over a year.

Mossel illustrated the human impact of administrative delays with a case involving an inmate who had been ordered by the court to be transferred to Bonaire for medical treatment. The transfer was not executed for more than two years, despite repeated interventions. “This delay violated the inmate’s fundamental rights,” she said. The transfer has since taken place, but Mossel underscored that such compliance should happen “on the government’s own initiative, not through pressure.”

“Legal certainty is a cornerstone of good governance,” she said. “Government must comply with court decisions promptly and not use resource constraints as justification for inaction.”

𝐂𝐢𝐜𝐢𝐥𝐢𝐚: 𝐜𝐨𝐦𝐩𝐥𝐚𝐢𝐧𝐭𝐬 𝐢𝐧 𝐧𝐮𝐦𝐛𝐞𝐫𝐬

Taking the floor next, Legal Advisor Aishira Cicilia presented the statistical and analytical sections of the report. In 2024, the Ombudsman’s office handled 270 complaints. Of these, 228 were general inquiries resolved through information, mediation, or referral, while 42 proceeded to formal investigations.

The Ministry of VROMI and the Ministry of Justice each accounted for nine formal investigations, followed by Education, Culture, Youth & Sport and TEATT with four each, and Finance with three. On a positive note, all cases involving the Ministries of Finance and TEATT were resolved at the intervention stage, before a full report became necessary.

Among semi-public entities, the St. Maarten Housing Development Foundation had two investigations, while the APS Pension Fund, Port St. Maarten, and the Cadastre each had one.

Cicilia explained that the Ombudsman’s general complaints reveal the everyday struggles of citizens navigating public services. The top areas of concern were Social & Family Affairs, the Police, the Tax Office, and school boards. “These are the touchpoints where citizens encounter government most directly, and where inefficiencies are felt most sharply,” she said.

𝐈𝐥𝐥𝐮𝐬𝐭𝐫𝐚𝐭𝐢𝐧𝐠 𝐢𝐧𝐞𝐟𝐟𝐢𝐜𝐢𝐞𝐧𝐜𝐲: 𝐚 𝐬𝐨𝐜𝐢𝐚𝐥 𝐚𝐢𝐝 𝐜𝐚𝐬𝐞

Cicilia highlighted one case that captures the problem of delays. A senior citizen applied for medical and financial aid in February 2025. Despite having all documents ready, she was given an appointment three months later, in May, to formally submit her application. The decision was then made in June and granted retroactive effect to May 1.

“What happens when such a person faces a medical emergency in March?” Cicilia asked. “They are left uncovered for months.” She said the case shows how administrative adjustments, though meant to manage workload, can defeat the fundamental purpose of timely social support.

She urged ministries to “balance administrative constraints with the core objective of their service” and design procedures that deliver assistance when it is actually needed.

𝐇𝐑 𝐦𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭, 𝐭𝐚𝐱𝐞𝐬, 𝐚𝐧𝐝 𝐩𝐨𝐥𝐢𝐜𝐲 𝐫𝐞𝐟𝐨𝐫𝐦

Cicilia also focused on the Department of Personnel and Organization (P&O), which remains plagued by inefficiency and poor coordination with ministries. “It is unacceptable that civil servants continue to face prolonged uncertainty regarding their legal status,” she said. “Ministries must take ownership and not defer all responsibility to P&O.”

She noted that 7 HR-related cases were addressed in 2024 across multiple ministries.

On the tax administration, she acknowledged progress but said that weaknesses in IT systems and staff shortages continue to undermine public confidence. The Ombudsman recommends the establishment of a clear, consistently applied enforcement policy to improve legal certainty.

Cicilia also highlighted the three-day symposium “Sound Policy and Legislation”, organized jointly by the Ombudsman, the Council of Advice, and the General Audit Chamber, as part of efforts to provide ministries with practical tools for better policy drafting and implementation.

𝐕𝐢𝐨𝐥𝐚𝐭𝐞𝐝 𝐬𝐭𝐚𝐧𝐝𝐚𝐫𝐝𝐬 𝐚𝐧𝐝 𝐫𝐞𝐜𝐨𝐦𝐦𝐞𝐧𝐝𝐚𝐭𝐢𝐨𝐧𝐬

The report identified three recurring standards of proper conduct most often violated in 2024:

• Adequate organization of services (22 cases)

• Promptness (18 cases)

• Active and adequate information provision

“These standards reflect the recurring gap between administrative structure and service delivery,” Cicilia explained. “Citizens expect timely responses and clear information; government must respond accordingly.”

In total, the Ombudsman issued 96 recommendations during 2024. Implementation, Mossel said, remains inconsistent. “These recommendations are not criticism for its own sake; they are tools to strengthen governance, reduce recurring complaints, and foster accountability.”

𝐅𝐢𝐧𝐚𝐧𝐜𝐢𝐚𝐥 𝐚𝐧𝐝 𝐢𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧𝐚𝐥 𝐨𝐮𝐭𝐥𝐨𝐨𝐤

The Ombudsman’s office reported a 97 percent budget utilization rate for 2024, spending roughly 1.4 million guilders with 65 percent allocated to personnel and 35 percent to operational costs. Mossel also announced that draft amendments to the National Ordinance Ombudsman have been completed and submitted through the Prime Minister to the Department of Legal Affairs and Legislation. The amendments propose:

• Establishment of a Children’s Ombudsman, mandated to defend and promote the rights of minors under the UN Convention on the Rights of the Child.

• Expansion of jurisdiction to include government-owned entities such as GEBE and the St. Maarten Housing Development Foundation.

“The Children’s Ombudsman is a vital step,” Mossel explained. “Our office receives complaints involving schools and daycares, but we lack the legal authority to intervene. A Children’s Ombudsman would be able to investigate these cases directly.” She confirmed that feedback from the Department of Legal Affairs was positive and that the Prime Minister supported the initiative, calling it “an important step toward stronger governance and better protection of citizens.”

The office also plans to expand its formation from six to nine positions, including a new legal advisor, a communications specialist, and the Children’s Ombudsman. Salaries have remained unchanged since the bureau’s inception and will need to be revised.

𝐂𝐡𝐚𝐢𝐫 𝐨𝐟 𝐏𝐚𝐫𝐥𝐢𝐚𝐦𝐞𝐧𝐭: 𝐍𝐞𝐱𝐭 𝐒𝐭𝐞𝐩𝐬 𝐓𝐨𝐰𝐚𝐫𝐝 𝐒𝐭𝐫𝐮𝐜𝐭𝐮𝐫𝐞𝐝 𝐎𝐯𝐞𝐫𝐬𝐢𝐠𝐡𝐭

The Chair of Parliament, MP Wescot-Williams, summarized the lengthy and often impassioned discussion by outlining a clear path forward. She confirmed that the Ombudsman’s Office would submit written responses to all parliamentary questions by the following Tuesday, allowing Members of Parliament to study the details in full before the next stage of deliberations.

A second Central Committee session will then be convened to formally review the Ombudsman’s answers and determine which issues require ministerial attention. This follow-up meeting, she said, would serve as a transition from general discussion to actionable oversight, ensuring that the report’s findings do not remain confined to Parliament’s archives.

The Chair also endorsed the Ombudsman’s recommendation to establish a dedicated parliamentary oversight mechanism, a small, standing committee or subcommittee tasked with monitoring the implementation of recommendations issued by the Ombudsman, as well as by other oversight institutions such as the General Audit Chamber and the Council of Advice.

“The intention is to move beyond acknowledgment and toward continuity,” she stated. “Each report from an oversight body should generate measurable follow-up, and Parliament must have a structure in place to verify what has been done and what remains outstanding.”

She emphasized that this new approach would strengthen Parliament’s supervisory role and create a cycle of review, response, and reform, allowing MPs to trace progress on issues ranging from land allocation and justice reform to civil service management and customer service improvement.

“This is how we ensure accountability becomes a process, not just a promise,” the Chair concluded. “The people deserve to see their Parliament using these reports as tools for better governance, not as annual rituals of discussion.”

𝐎𝐦𝐛𝐮𝐝𝐬𝐦𝐚𝐧’𝐬 𝐂𝐥𝐨𝐬𝐢𝐧𝐠 𝐑𝐞𝐟𝐥𝐞𝐜𝐭𝐢𝐨𝐧: 𝐀𝐜𝐜𝐨𝐮𝐧𝐭𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐁𝐞𝐲𝐨𝐧𝐝 𝐌𝐢𝐧𝐢𝐬𝐭𝐞𝐫𝐬

In her closing remarks, Ombudsman Mossel thanked Members of Parliament for the quality of their engagement and welcomed the Chair’s proposal for a formal oversight mechanism. She said the Ombudsman’s Office stands ready to collaborate closely with Parliament to translate findings into measurable action.

“We investigate, we listen, we bring the facts forward, but the people expect more than acknowledgment. They expect action,” Mossel said. “Accountability is not limited to one minister or one ministry. It runs through every level of the public service, from the department head who manages files to the front-line officer who greets citizens at the counter.”

Mossel underscored that real progress depends on shared responsibility across government. “When one part of the system fails to act, it affects the credibility of the entire institution,” she said. “Good governance is not an abstract idea, it is a daily practice of communication, responsiveness, and respect for the citizen’s right to be heard.”

She reiterated that the Ombudsman’s role is not adversarial but corrective, aimed at restoring balance between government authority and public trust. “Our goal is not to shame or condemn, but to improve,” she said. “When oversight functions properly, it strengthens democracy rather than divides it.”

Ending on a reflective note, Mossel said the effectiveness of oversight institutions ultimately depends on whether their work leads to tangible change. “The people of St. Maarten will measure us not by how many reports we produce, but by how many problems are solved,” she said. “Only when every level of the administration embraces that principle can we truly serve with fairness, dignity, and integrity.”

Caption: Ombudsman Gwendolien Mossel (left), accompanied by Legal Advisor Aishira Cicilia.