Gwendolien Mossel reinforces Ombudsman’s role as democratic safeguard after Malta conference

St. Maarten’s Ombudsman has returned from the Malta Conference with a clear message: good governance is not an abstract ideal but a daily obligation, a constitutional right, and a shared responsibility across the entire public sector. Ombudsman Gwendolien Mossel joined counterparts from Europe and beyond at the high level conference in Malta from October 16 to 17, 2025, where the theme “Upholding Good Governance in Challenging Times” guided serious discussions about the future of democratic accountability. The gathering brought together Ombudsmen, human rights defenders, and representatives of constitutional and oversight bodies for focused dialogue on trust, citizen participation, the protection of vulnerable persons, and the ethical demands of modern governance.

The conference also examined the expanding influence of digitalization and artificial intelligence on public administration, stressing the need for transparency, fairness, and human oversight as governments adopt new technologies. In a period shaped by rising public distrust and growing pressure on small island democracies, the insights shared in Malta carry immediate relevance for St. Maarten. Through this broad exchange on accountability, independence, and regional cooperation, the Ombudsman returns with renewed focus on strengthening the country’s governance framework and safeguarding the rights and dignity of its people.

The Peoples’ Tribune extends its appreciation to the Ombudsman for facilitating this interview, which allowed us to explore the substance of her trip and the lessons she brings back for St. Maarten.

What specific lessons or best practices from the Malta conference do you believe could directly strengthen good governance here in St. Maarten?

A key lesson from the Malta Conference is the importance of active collaboration between the Ombudsman and civil society organizations. Such cooperation ensures that the Ombudsman’s work remains relevant and grounded in the realities citizens face, while still safeguarding the Ombudsman’s autonomy and impartiality. In St. Maarten, this could mean more structured dialogue, joint awareness initiatives, and community outreach programs to promote human rights, transparency, and ethical public service.

The Malta discussions emphasized that every professional has a role to play in upholding human dignity, fairness, and justice. St. Maarten can strengthen governance by embedding human rights education and accountability mechanisms throughout its institutions.

The Ombudsman’s findings and recommendations should not be treated as symbolic. They carry legal and moral weight and should prompt serious debate and action within Parliament. Legislators must report back to the public on how they have addressed the Ombudsman’s recommendations, thereby demonstrating commitment to transparency and responsiveness. Parliament must establish a dedicated committee to review and follow up on the recommendations issued by the Ombudsman and other oversight bodies. This continuous oversight not only reinforces checks and balances but also builds public confidence in democratic institutions.

Finally, the Malta Conference reinforced that the Ombudsman must never remain silent, even when the task becomes difficult or politically sensitive. Speaking out against maladministration, injustice, or human rights violations is essential to protecting good governance. In St. Maarten, continued courage and consistency from the Ombudsman’s office will inspire confidence and set a tone of accountability throughout public life.

The theme emphasized “Upholding Good Governance in Challenging Times.” What do you see as the most pressing governance challenge for small island democracies like ours?

One of the most pressing governance challenges for small island democracies like St. Maarten is the erosion of public trust in government and public institutions. Trust is the foundation of good governance, it is directly linked to citizens’ sense of happiness, security, and overall quality of life. Yet, in recent years, trust in government and public services has reached historically low levels across many democracies, both large and small.

For small island states, this crisis of confidence is often compounded by limited institutional capacity and resource constraints. With smaller administrations and fewer technical and financial resources, these societies face unique difficulties in maintaining transparency, accountability, and consistent service delivery. When public institutions are stretched thin, even minor inefficiencies or delays can quickly erode confidence in governance.

Moreover, effective resource management, both human and financial, remains a critical challenge. Balancing the competing demands of development, resilience, and social welfare within limited budgets requires strategic foresight and integrity in decision-making. Mismanagement or perceived unfairness in this area can further weaken public trust.

Therefore, upholding good governance in these challenging times requires restoring and maintaining trust through stronger accountability mechanisms, open communication, citizen participation, and ethical leadership. Only by rebuilding trust and ensuring that institutions function effectively and fairly can small island democracies like St. Maarten navigate their challenges and secure a stable, prosperous future.

The conference described good governance as a fundamental right. How do you interpret that concept in the context of St. Maarten’s constitutional framework?

In St. Maarten’s constitutional system, good governance arises from the principle of the Rule of Law, which requires government action to be lawful, just, and accountable. Judicial interpretation has extended this principle to include transparency, accountability, and efficiency as essential elements of governance, giving citizens the right to information, a fair hearing, and impartial and timely administrative processes.

Courts have affirmed that government must be responsive, non-corrupt, and effective, making good governance not merely a policy goal but a constitutional expectation and a fundamental right of the people.

The Ombudsman reinforces this standard by assessing whether government acts with propriety, a concept that goes beyond legality to include fairness, integrity, and respect for established norms in public administration.

The sessions touched on digitalization and artificial intelligence. How is the Ombudsman’s Office preparing to address complaints and rights issues that may arise from the use of AI or automated decision-making in government?

The sessions highlighted that as government increasingly adopts digitalization and artificial intelligence (AI), the Ombudsman’s moral authority and technical expertise must evolve in parallel. Fairness in the digital age must be coded into the system itself.

While automation and data-driven decision-making can enhance efficiency, they also introduce risks of algorithmic bias, lack of transparency, and exclusion. Citizens must retain the right to understand, question, and appeal decisions that affect their lives. Central to the discussion was accountability. Who is responsible when systems fail? How are data protection, facial recognition, and public awareness safeguarded?

The Ombudsman’s Office recognizes the need to prevent potential abuses of power by ensuring a Rule of Law framework for AI use that guarantees legal certainty, fairness, and human oversight. AI may process data, but the Ombudsman must remain in control, we must rule machines, not the other way around.

Going forward, the Ombudsman will focus on training and capacity building to strengthen oversight and ensure that AI innovation in government aligns with the principles of equality, transparency, and participation, fostering a digital democracy that leaves no one behind.

What opportunities do you see for using digital tools to make the Ombudsman’s work more accessible and transparent to citizens?

Digital tools present significant opportunities to make the Ombudsman’s work more accessible, transparent, and responsive to citizens. Automated systems and multilingual digital assistants can improve accessibility by providing faster, clearer, and more inclusive communication, while AI-driven text simplification can make complex information easier to understand.

The Ombudsman’s Office is exploring the use of AI tools to analyse complaints, detect recurring patterns across departments, and identify systemic issues before they escalate. Such tools can enhance early intervention and strengthen accountability in public administration.

At the same time, the Ombudsman remains committed to ensuring that AI innovation is guided by principles of equality, participation, and human oversight. AI can process data, but human judgment and integrity must remain at the core to maintain trust and fairness in the oversight process.

There was emphasis on cross-border collaboration among Ombudsmen. Are there concrete steps or partnerships now being considered between St. Maarten and other Caribbean or European counterparts? or even the French side?

The Ombudsman of St. Maarten continues to strengthen regional and international cooperation. Within the Kingdom of the Netherlands, collaboration with the other Kingdom Ombudsmen has deepened over the years. This year marked the tenth annual meeting of the Kingdom’s Ombudsmen. To ensure continuity, this longstanding practice was formalized on 20 October with the signing of an official Protocol of Cooperation by the four Ombudsmen, reaffirming their shared commitment to sustained dialogue, knowledge exchange, and mutual support.

Beyond the Kingdom, the Ombudsman maintains active engagement with counterparts across the Caribbean region. St. Maarten’s Ombudsman has served as President and currently serves as a Board Member of the Caribbean Ombudsman Association (CAROA). During her presidency, the Ombudsman facilitated two regional symposia in the Turks and Caicos Islands on “The Task of the Ombudsman and Its Role in Society.” The Bureau Ombudsman also hosted a two-week internship for an investigator from the Turks and Caicos Ombudsman Office, promoting professional development and regional capacity building.

These partnerships, both within the Kingdom and across the Caribbean, reflect St. Maarten’s commitment to cross-border collaboration, the exchange of best practices, and the strengthening of good governance throughout the region.

Ethical governance was a topic mentioned, do you think St. Maarten’s current institutional framework gives the Ombudsman enough independence and authority to enforce accountability?

The Ombudsman’s independence is firmly established in St. Maarten’s Constitution, providing a solid foundation for impartial oversight and ethical governance. However, to further strengthen the institution’s capacity to serve the public interest, the Ombudsman submitted proposed amendments to the National Ordinance governing the institution in the first quarter of this year.

These amendments aim to enhance the Ombudsman’s authority, effectiveness, and scope. A major feature is the proposed establishment of a Children’s Ombudsman, in line with the United Nations Convention on the Rights of the Child. This initiative underscores St. Maarten’s commitment to protecting the rights and well-being of its youngest citizens, particularly as it remains the only country within the Kingdom of the Netherlands without such a legislative provision.

The proposals also seek to expand the Ombudsman’s jurisdiction to include complaints involving government-owned entities such as GEBE, TelEm, PJIAE, and the St. Maarten Harbor Holding Company. This expansion is critical for ensuring accountability and responsiveness in sectors that directly impact citizens’ daily lives.

Further procedural enhancements are included to improve the efficiency and effectiveness of investigations. As Prime Minister Mercelina noted, this initiative represents “a significant step in strengthening governance and ensuring that the voices of our people, especially our children, are heard and protected.”

The High Councils have signed an SLA with Government (PM and Min Fin) In 2011 pertaining to their budget. Based on the SLA the OBM can get an amount from the budget directly on their bank account. This can be done every quarter of the year.

The Ombudsman is awaiting the finalization of this process. This delay limits the Bureau’s ability to effectively carry out its mandate independently. Notably, the request is consistent with existing practice, as the General Audit Chamber independently manages its own finances.

Together, these reforms reinforce the Ombudsman’s independence and strengthen St. Maarten’s overall framework for ethical, transparent, and accountable governance.

After engaging with colleagues from around the world, what gave you the most optimism about the future of the Ombudsman model?

The Ombudsman is not only a defender of rights but also a pillar of democratic legitimacy. Trust between citizens and public institutions is fundamental to a happy and well-functioning society. Yet, the erosion of trust in politics and public officials remains one of the greatest challenges facing modern democracies.

This underscores the vital role of the Ombudsman and other independent oversight bodies. By ensuring legality, impartiality, transparency, and citizen participation in governance, the Ombudsman helps restore public confidence and promote fairness and accountability in administration. Independent oversight not only strengthens democracy but also leads to tangible improvements in efficiency, integrity, and good governance, particularly in times when democratic values come under strain.

What message do you hope citizens take away from your participation in this conference?

Participation in this conference has renewed the Ombudsman’s commitment to promoting transparency, accountability, and fairness in government administration. The key message to citizens is that restoring public trust is essential to the happiness and well-being of the people, which together form the foundation of a good life.

The Ombudsman remains steadfast in the mission to defend the rights of all citizens, especially the most vulnerable. While embracing innovation and the positive potential of artificial intelligence, the Ombudsman emphasizes that its use must always be monitored and guided by respect for fundamental rights, including privacy, identity, and data protection.

Through vigilance, compassion, and adaptability, the Ombudsman’s Office will continue to safeguard the public interest and strengthen trust between citizens and their government.

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