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Pro Soualiga Response To “Decolonization Was Completed In 1955”

Dear Editor,
In February of 2018, the Kingdom of the Netherlands submitted a Written Statement  to the International Court of Justice (ICJ) where they declared in paragraph 2.5 that “the right to self-determination of peoples is a PERMANENT, continuing, universal and inalienable right with a peremptory character.” Additionally, the Netherlands agreed without prejudice in paragraph 3.4  with Resolution 1514 of the United Nations General Assembly by stating that “self-determination was a right and not a principle.”  The Netherlands continued to expound that “the right of self-determination of the people of a colonial territory prevailed over any claim by the administering State” which, in the case of St. Maarten, would be the Kingdom of the Netherlands.
In paragraph 2.2 of the Written Statement, The Netherlands declared that “it must also be concluded that the decisions on the political status and the economic, social and cultural development are made by the people itself, or its legitimate representatives, not by others.  Moreover, such decisions shall be made in FULL FREEDOM  WITHOUT any outside PRESSURE or INTERFERENCE.”
In paragraph 2.4 of the Written Statement, The Netherlands states that even when a people have “opted, in full freedom, for integration in or association with an existing State (i.e. The Netherlands), this DOES NOT, however, end the applicability of the right of self-determination to that people nor does it terminate the corresponding legal obligation (see. Article 73) of the State…..”
In paragraph 3.16 of the Written Statement, The Netherlands states that administering states were under an obligation (see. Article 73) to decolonize territories “in accordance with the wishes of the inhabitants…”
In paragraph 3.31 of the Written Statement, The Netherlands declares that any negotiations on future cooperation “used by the administering State (i.e. The Netherlands) to influence the act of FREE CHOICE by the people concerned, this may amount to UNLAWFUL INTERFERENCE and thus to a VIOLATION of the right of self-determination of this people.”
Lastly the Netherlands reminds us that the inhabitants of a colonial territory “are not only entitled to respect for their right of self-determination vis-a-vis the adminstering State, but also vis-a-vis the international community as a whole.”
As you can clearly see, there is a clear disconnect between Mr. Rutte’s claim that our decolonization is complete versus what the Dutch State declared in February of 2018 to the International Court of Justice. While the Dutch state is claiming that St. Maarten’s decolonization is complete, it’s Written Statement to the International Court of Justice states otherwise. According to UN Resolution 945X,  the United Nations General Assembly is the only body which has the competency to decide whether a territory has attained a full measure of self-governance and a right to self-determination. Therefore, according to the aforementioned Resolution 945X, Mr. Rutte does not have the competency to decide whether St. Maarten has been fully decolonized or not.
Thank You,
Pro Soualiga Foundation
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