Dutch tightening ‘comply or explain’ policy for BES

The Dutch government is strengthen­ing its “comply or explain” principle, requiring minis­tries to make new national policies and legislation applicable to Bonaire, St. Eustatius and Saba (so-called BES) by default un­less there are compelling reasons to do otherwise. The policy is intended to promote greater equality between the three public entities and the European Netherlands while recog­nising local circumstances.

In a letter to the Second Chamber of Parliament (House of Representatives) dated July 6, State Secre­tary for Kingdom Relations Eric van der Burg outlined how the Jetten Cabinet plans to implement and evaluate the policy, which was tightened under the “Aan de slag” (To Work) co­alition accord. The govern­ment says ministries must actively assess whether new legislation, regulations and policy measures should ap­ply to the Caribbean Neth­erlands and explicitly justify any decision to exclude the islands.

According to the letter, the objective is not to impose identical rules in every situ­ation but to achieve equiva­lent outcomes for residents of Bonaire, St. Eustatius and Saba. The cabinet states that their unique cir­cumstances should no lon­ger automatically result in lower standards of public services or protections. In­stead, any deviations must be transparent, carefully justified and, where neces­sary, phased in to reflect local implementation ca­pacity.

The government points to several policy areas where this approach is already being incorporated. These include healthcare, educa­tion, culture, housing, cli­mate adaptation, economic development, food security and public safety.

The letter also high­lights continued attention to security challenges in the Caribbean part of the Kingdom, including de­velopments in and around Venezuela, hybrid threats, cybersecurity, organised crime and strengthening police capacity.

The cabinet announced that it will evaluate the ap­plication of the “comply or explain” principle togeth­er with the governments of Bonaire, St. Eustatius and Saba. The review will draw on previous reports, legal analyses, discussions with island authorities and an upcoming study by the Netherlands Institute for Human Rights. The find­ings are expected to be pre­sented to Parliament later this year.

To improve participation in the legislative process, the Dutch government also plans to make public con­sultations more accessible by offering them in Dutch, English and Papiamentu where appropriate. Offi­cials hope this will enable residents, businesses and local governments on the islands to contribute more effectively to the develop­ment of new laws and poli­cies.

The letter further con­cludes that implementation assessments carried out on proposed legislation affect­ing the Caribbean Nether­lands have proven valuable. However, it notes that these reviews should be simpli­fied and better tailored to the realities of the islands, while ensuring that local authorities are consulted at the appropriate stage of the legislative process.

Although the policy ap­plies specifically to the special municipalities of Bonaire, St. Eustatius and Saba, and not to the autono­mous countries of Curacao, Aruba and St. Maarten, it reflects the Dutch govern­ment’s continued focus on reducing disparities within the kingdom.

The Daily Herald.