Island Decree AB1996/04 - DCNA



GOVERNOR’S RESOLUTION CONCERNING SINT EUSTATIUS MARINE ENVIRONEMENT ORDINANCE

GOVERNOR OF THE NETHERLANDS ANTILLES

Nr. 2544

THE GOVERNOR OF THE NETHERLANDS ANTILLES

Considering:

That the Executive Committee of the Island Territory of Sint Eustatius by means of the Resolution of March 25th, 1996 established an Ordinance regulating the management of the marine environment in the territorial waters of the Island Territory of Sint Eustatius (Marine Environment Ordinance Sint Eustatius , A.B. 1996/03), in which Ordinance the following provisions are included:

ARTICLE 1

This ordinance defines the terms below as follows:

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(c) Statian: a person who was born on St. Eustatius or born from Statian parents

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ARTICLE 4

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2. Non-Statians are not allowed to spearfish in the marine park.

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ARTICLE 6

In divergence to the provisions of Articles 3 and 4, the catching of sea turtles within the marine park is only allowed in accordance with the following instructions:

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(c) Non-Statians are not allowed catch sea turtles.

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ARTICLE 7

The collection of sea snails (conch) in the marine park is only allowed in accordance with the following provisions:

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(e) Non-Statians are not allowed to catch sea snails.

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ARTICLE 9

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3. It is forbidden to collect coral, non-vertebrae animals or plants that live on the sea floor or to pick, break-off or kill them.

4. The provisions of paragraph three of this Article do not apply to Statian residents and non-residents of Statian descent, who are allowed – with regards to sea snails, ink fish and lobster-like creatures for their own use and respecting Article 4, paragraph one, Article 7 and the provisions concerning the borders of Statia Marine Park as worded in Article 1, letter (a) and Article 2 of this Ordinance

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That as per Article 100 in conjunction with Article 98 Island Regulation Netherlands Antilles (Stb. 1951, 64), island ordinances can be voided in part or in whole by the Governor of the Netherlands Antilles, being a body of the Kingdom, if they conflict with a treaty or other agreement with a foreign state or international organization, with a state statute, a general state measure or the general interests of the Kingdom;

That as per Article 26 of the International Convention Regarding Civil and Political Rights (Trb. 1969, 99), which convention applies to the entire Kingdom, all are equal before the law and are entitled to equal protection from the law, without discrimination. The law also forbids discrimination in any form whatsoever and guarantees everyone equal and effective protection against discrimination on any grounds whatsoever;

That from the introduction and the explanatory memorandum concerning the Marine Environment Ordinance Sint Eustatius is appears that the Ordinance lays a foundation for the creation of an underwater park to protect the current underwater fauna and flora;

That the Article 4, second paragraph, 6 under (c), 7 under (e) and 9, fourth paragraph of the Marine Environment Ordinance Sint Eustatius contain forbidden acts for non-Statians, which provisions do not apply to Statians;

That these provisions discern between heritage and birth, which traits and qualities in all reasonableness are not relevant for determining the obligations and entitlements on the basis of the Marine Environment Ordinance Sint Eustatius, which Ordinance after all serves to protect the underwater fauna and flora;

That these provisions make an unjustified distinction with regards to heritage and birth and thus conflict with Article 26 of the International Convention Regarding Civil and Political Rights;

That the nature and content of the Marine Environment Ordinance Sint Eustatius do not form an objection to void the binding power of just those provisions that conflict with Article 26 of the International Convention Regarding Civil and Political Rights and thus to void the Ordinance in part;

Having regard to:

Article 100 in conjunction with Article 98 Island Regulation Netherlands Antilles (Stb. 1951, 64), as amended since;

DECIDES:

I. To void the Articles 4, second paragraph, 6 under (c), 7 under (e) and 9, fourth paragraph of the Marine Environment Ordinance Sint Eustatius, as established by Resolution of the Executive Committee of the Island Territory of Sint Eustatius of March 25th, 1996, for the reason of conflict with Article 26 of the International Convention Regarding Civil and Political Rights;

II. To determine that in as far as the forbidden acts of Articles 4, second paragraph, 6 under (c), 7 under (e) have taken place by non-Statians, Articles 24 and 27 of the Marine Environment Ordinance Sint Eustatius will not apply;

III. To declare Articles 24 and 27 applicable to an infringement by a Statian of the provision in Article 9, first through third paragraph of the Marine Environment Ordinance Sint Eustatius;

IV. That this Resolution becomes effective today and that it works retroactively until March 29, 1996, in the understanding that Article 2, paragraph two first becomes applicable at the start of the day after the one on which the Publication Paper that contains this Resolution is published.

Given in Willemstad,

The aforementioned Governor,

J.M. Saleh

Send a copy of this to:

• The Chairman of the Executive Committee of the Island Territory of Sint Eustatius;

• The Minister of Netherlands Antillean and Aruban Afffairs;

• The Minister-President of the Netherlands Antilles;

• The Authorized Minister of the Netherlands Antilles in The Hague.

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