CHALLENGE TO DUTCH UNILATERAL ANNEXATION OF BONAIRE

NEW LETTER TO KING WILLEM ALEXANDER 

FROM HUMAN RIGHTS DEFENDER JAMES FINIES

NOS KIER BONEIRU BEK 

TO:

The Chairman of the 1st Chamber, Mrs. Broekr-Knol and
the Deputy Ex-Minister of the Interior and Kingdom Relations, 

R.H.A. Plasterk,
PO Box 20017
2500 EA The Hague
The Netherlands.

Bonaire, October 31, 2017

Subject: Objection to bill 34,702 Constitutional annexation by anchoring the Bonaire, Saint Eustatius and Saba Public Bodies

Dear Chairman Broekrs-Knol and members of the 1st Chamber and Deputy Ex-Minister Plasterk,

I hereby object to your senate proposal to request votes to finalize the second reading on 31 October, to definitively annex and anchor Bonaire (and St Eustatius) in your constitution. As a result, your senate and your senate-members without their humanitarian feelings will deprive their kingdom-partners, the Bonerians who live on Bonaire (and the same counts for Saint Eustatius), of their right to their primary human rights for freedom and equality. 

Your supposedly accepting the law proposal and then constitutionally anchoring our island in your state order without the consent of our people, undemocratic and unilateral against the democratic voice of our people in violation of our fundamental rights. Your position and task as a co-legislator who is independent and taking into account legal aspects and in particular the soundness and consistency with other laws, and certainly not to violate higher legislation, it is your responsibility to definitively ensure the rule of law and democracy.

The arguments put forward by the ex-Minister Plasterk and all members during the last debate, as alibi to formalize the annexation are characteristic and all can be grouped together under abuse of power and a typically persistent inexhaustible VOC mentality of Dutch political governance culture. You are showing that you are misled and manipulated educationally and you do not realize or are not aware that your Kingdom-partners, Bonaire (and St. Eustatius) are not public bodies or special municipalities but full-fledged nations. 

The right as a people to international law in accordance with decolonization, co-signed by the Netherlands as a co-founder of United Nations, has the right to aspire our own emancipation and development and our own future while maintaining our own language, culture, traditions , norms and values, identity and self-governance. That is the basis that definitely needs to be known to the Dutch politicians. 

Or do Dutch politicians know nothing about their colonial past, why they have obligations to their colonized peoples? Do the Dutch politicians not know where all Dutch wealth comes from? That the Netherlands from an insignificant fishing village through piracy, smuggling and slave trade, all by law, legally, have become one of the world's richest countries, with the blood, sweat and tears of our ancestors, your colonized peoples? Or do your senate-members not know that the VOC is the world's largest company of the worlds history, about ten (10) times bigger than Apple and Microsoft together?

So you'll be celebrating, just like Plasterk, a potential new Dutch hero, worded, the record-breaking, the first time in history. Celebrating that you humiliated all three Caribbean nations by giving them the right to vote , while all three nations together do not have a tenth (1/10) seat and vote in your senate, which has 75 members is as a mockery of democracy. 

Of course, taking into account that your kids, generations, will never know that their current politicians are no less than your historical heroes such as Piet Heijn and other criminals, robbers who on October 31, 2017 now without any remorse unleash and systematically eradicate their humble human kingdom-partners.

Finally, our human framework and emotional ability give us no other option than trying to understand that with all of you, you as Dutch politicians have missed humanitarian values being nurtured and educated, and this law is in the same category of racism, where our common colonial history began. 

Where you did not with your peers, your own companions, but to the different, dark-colored people declared them as "non-human" by law and then made them slaves and traded them, and never wanted to stop with that terrible human-trading. And it is almost impossible to add more that your racist indoctrination has finally rooted in the constitutional embedding of racism, your exclusive contribution to humanity, institutionalized apartheid, in the Kingdom of the Netherlands.

Sincerly,

James Finies, Nos Kier Boneiru Bek

BONAIRE ACTIVIST SEEKS CLARIFICATION ON DUTCH ANNEXATION

INFOBONAIRE.COM

LETTERS TO KING WILLEM ALEXANDER

His Majesty King Willem Alexander
p/a Kabinet der Koning Postbus 20016 2500 EA
The Hague, Netherlands

Bonaire, October 23, 2017 

Your Majesty,

On June 9, 2017 I addressed attached letter with questions to Your Majesty based on our personal meeting assisted by your Minister of Kingdom Relations Mr. Plasterk, during your inaugural visit to Bonaire on September 16, 2013, where I brought forward our situation (same as Sint Eustatius) of being annexed and embedded in the Dutch constitution against the wishes of our peoples. Your Majesty after hearing, and questioning me and with intervention of Mr. Plasterk, understood our situation and promised and pledged to help us realize our “full measure of self-governance” pursuant to article 73 of the United Nations Charter. 

Our discussion was followed up and confirmed in official writing by your Minister of Kingdom Relations after the debate “vaststelling van de begrotingsstaat van Koninkrijksrelaties (IV) voor het jaar 2014 (33750-IV) “Mr. Plasterk, on questions toward your promise and pledge to us, answered: (quote Mr Plasterk): “het Handvest van de Verenigde Naties bindt alle leden van de Verenigde Naties en de regering is vast van plan om lid te blijven bij de Verenigde Naties”. Letter reference nr. 2014- 0000012853 dated January 8, 2014, by Mr Plasterk was addressed to me (see attached copy) where was stated that, “the people of Bonaire have the right to let their voices be heard and that all acquired and inherited rights are indivisible and respected in their totality by the Cabinet.” 

However, up to now this promise and pledge has not been fulfilled. Neither the voice of our peoples, the democratic rejection, the referendum of December 18, 2015, of this illegal imposed status and neither the signed treaties and Charter of the United Nation are respected. Netherlands cannot covet a seat on United Nations Security Council in the coming year 2018, while refusing to comply with the Charter’s obligations. 

The government and parliament of the Netherlands went ahead against democracy, against our fundamental rights with the process of the second reading on September 5, 2017. On September 6, 2017, Bonaire flag day, we were unilateral and undemocratic annexed and embedded in the Dutch constitution on unequal rights and not complying with our right as the peoples of Bonaire (and Sint Eustatius) to “a full measure of self-governance.” 

I received on July 5, 2017 a letter from your Cabinet (reference# REK 2017001217, by the Director Mrs. Beuker) that my letter had been forwarded to the Minister of the Interior and Kingdom Relations. From the Second Chamber- Commissie Kingdom Relations, Griffier T.N.J. De Lange, I received a letter (reference# 2017Z08113/2017D20349 dated July 5, 2017) stating to have received said letter as “information”. Then, on July 25, 2017, I received a letter (reference # 2017- 0000360554 from the Ministry of the Interior and Kingdom Relations by Director Dr. E. J. Arkenbout) that more time is needed then the procedural three (3) weeks to answer my letter. 

Up to today, almost 5 months later, this letter and the questions have not been answered. I herewith politely request your Majesty to do everything within your authority to see to it that the government of The Netherlands answers the letter and questions and clarifies its position toward the United Nations Charter within seven (7) days. This will help us all in the Kingdom to understand with regard to our position and our right to a full measure of self-governance and political equality, whether or not we are equal and free within the kingdom. Hopefully it would stop the bullying and intimidation by the Dutch government of the smaller islands, especially Bonaire and Sint Eustatius, and bring back peace in the Kingdom. 

We then can continue our process of healing and reconciliation of our mutual colonial past, which has been halted and reversed on October 10, 2010. This will incite a new beginning, the re-start of building together a unified and prosperous Kingdom based on freedom and equality as promised by Her Majesty Queen Wilhelmina on December 7, 1942 from London, that after the war, the Kingdom would be reconstructed on the solid foundation of complete partnership, based on equality and as a founding member of the United Nations, The Netherlands signed the Charter on June 26, 1945 at the San Francisco conference. 

Submitted by your humble servant, James Finies with utmost trust in the support for justice and equity of Your Royal Highness.
_________________________________________________________________________________

His Highness Majesty King Willem Alexander 

p/a Kabinet Der Koning Postbus 20016 

2500 EA Den Haag Nederland 

Bonaire, June 9, 2017 

His Highness, On September 16 , 2013, during your inaugural visit as our new King to the Caribbean islands of your Kingdom, I, Serrio James Finies, had a personal meeting with you and your Minister of Kingdom Relations Mr. Plasterk. 

On this historic moment, I on behalf of the people who supported our foundation Nos Kier Boneiru Bek (We want Bonaire back) fight for our United Nations mandated right to a “full measure of self-government” pursuant to article 73 of the UN Charter, I petitioned your Majesty to do your utmost in your power and influence to first stop the politicians and government of Holland from bullying, and intimidating our local politicians and from famishing our peoples when we started the discussion to initiate the process of self-governance and political equality. Secondly, I petitioned your Majesty because the current constitutional status was imposed on our peoples without a referendum to decide whether or not we agree to this new status. 

This discussion was witnessed by the Kingdom representation Mr Stolte, the governor of Bonaire, Mrs. Emerencia where Your Royal Highness pledged to me and the people of Bonaire that Your Highness will cooperate to give the people of Bonaire their “full measure of self-government” and to continue together working on the healing and reconciliation process , building together a unified and prosperous Kingdom. 

Your highness’ promise and pledge was confirmed in writing by your Minister Mr Plasterk in an official letter reference nr# 2014-0000012853 dated January 8, 2014 where was stated that …...“ the people of Bonaire have the right to let their voices be heard and that all acquired and inherited rights are indivisible and respected in their totality by the Cabinet” 

As your highness is aware, I personally sacrificed 222 days of continuous day and night vigil protest at our government building till this referendum was held by the government. The peoples of Bonaire rejected this current status in a decisive indisputable No- vote of 65.55% in the December 18, 2015 referendum. However the Dutch government is not respecting this democratic decision and voice of our peoples and have made the first reading in October of 2016 and now have on the agenda for the new to be formed government the second and definitive reading to annex and anchor Bonaire and its peoples in the Dutch constitution. 

Meanwhile since this unlawful new status came into effect on October 10, 2010 and the new open immigration policy our population almost doubled mostly with Dutch Europeans, and if this is not halted immediately we will soon become a minority, direction to be assimilated and exterminated as the Bonerian peoples by substitution. 

With this letter I address myself on behalf of the people of Bonaire to you our King and as Head of the State of the Kingdom of the Netherlands in the knowledge and comfort of your pledge to me and the Bonerian peoples on the 16th November 2013. 

We take great comfort in the knowledge and assurance that the Government of the Netherlands holds the law in high esteem. Indeed, the International Court of Justice is seated in the Netherlands. The rule of law guarantees justice, and assures peace and tranquility in the realm. 

The rule of law is the highest expression of the Dutch spirit of fair play and equity. Because of this we have some more questions that we wish to address to your Highness which we wish to have these answered within seven (7) days because of the urgency and wrongfully intentions of the Government of the Netherlands to annex and anchor us in the Dutch constitution against the will of the Bonerian peoples. Question: Does the Government of the Netherlands agree that the “United Nations Charter is the paramount instrument of international law?” 

Comment: We know that the Government of the Netherlands holds the UN in high esteem. This is witnessed by it seeking a seat in the Security Council. The governments of the various islands in the Kingdom accompanied the Government of the Netherlands on its mission to the UN to offer support to the Government of the Netherlands in its quest for a seat in the Security Council. 

Question: 

Will the Government of the Netherlands “fulfill faithfully its obligations under the UN Charter? Comment: UN Resolution 747 (VIII) of November 27, 1953 states: Expresses to the Government of the Netherlands it confidence that, as a result of the negotiations a new status will be attained by the Netherlands Antilles and Suriname representing a full measure of selfgovernment in fulfillment of the objectives set forth in the Chapter XI of the Charter. 

Question: 

Does the Government of the Netherlands agree that “a full measure of self-government” is the objective of the Chapter XI? Comment: The “Hoge Raad” (ECLI:NL;HR 2008: BD 6568, 21-10-2008) considered the following: Het Handvest van de Verenigde Naties c.a. Hoofdstuk VII van het Handvest van de Verenigde Naties vormt blijkens Resolutie 955 (1994) mede grondslag voor de instelling van het Rwanda-tribunaal, hetgeen het gewicht van dat orgaan en de dominante verplichtingen van staten om aan het Handvest te voldoen, onderstreept. (r.o. 23) 

Question: 

What does the Government of the Netherlands understand under “een dominante verplichting?” Is fulfilling the objectives of Chapter XI of the UN Charter a “dominante verplichting” of the Government of the Netherlands?” If “a full measure of self-government” is an objective of the Chapter XI is it also an objective of the Charter? Does this create for the Government of the Netherlands the obligation to “fulfill the objective of the Charter?” 

Does this obligation create the corresponding right to a “full measure of self-government?” Does this obligation fall within the scope of Article 103 of the UN Charter? Comment: We are aware that Chapter XI (Article 73) also contains the principle that “the interests of the inhabitants of these territories are paramount…” 

Question: 

Does recognition of this principle create the obligation under the Charter to put the interest of the inhabitants paramount? Does this obligation fall within the scope of the obligations mentioned in article 103 of the Charter? Comment: Article 6 of the UN Charter states: A member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council. 

Question: 

If it can be shown that a member State of the UN persistently violates the principle that “the interest of the inhabitants are paramount” should that State be expelled from the UN under article 6 of the Charter? Comment: Resolution 945 (X) of December 15, 1955 contains amendments by Uruguay and India to the effect that the Netherlands Antilles did not obtain a “full measure of self-government” Question: Does the Government of the Netherlands agree that this resolution confirms the position of the United Nations General Assembly? 

Question: 

What concrete steps should the government of the Netherlands undertake to ensure that it complies with the rights of the islands to a “full measure of self-government?” Comment: From the debates at the UN we know exactly which articles were deemed to be impeding the “full measure of self-government” . They were, the position of governor, articles 43, 44, 50 and 51 of the Kingdom Charter. 

Question: 

Will the Government of the Netherlands comply with its obligation to ensure “a full measure of selfgovernment” and declare these articles in conflict with its obligations under article 103 of the Charter? 

Question: 

If the Government of the Netherlands does not declare these articles in conflict with its obligations under the Charter can it explain why? Does the government of the Netherlands agree that articles 73 a to d are still applicable? 

Comment: UN Resolution 742 (VIII) of November 27, 1953 sub. 6 states: Considers that the manner in which Territories referred to in Chapter XI of the Charter can become fully self-governing is primarily through the attainment of independence, although it is recognized that self-government can also be achieved by association with another State or group of States if this is done freely and on the basis of absolute equality. 

Question: 

Does this create for the Government of the Netherlands the obligation to associate, integrate or adopt any other form of association, on the basis of absolute equality? 

Question: 

Does this obligation fall within the scope of article 103? Question: Does the government of the Netherlands agree that any law that conflicts with the obligations listed below, is “without legal effect or force” as article 103 states “obligations under the Charter shall prevail.” a. The obligation fulfil the objective of the Chapter XI: full measure of self-government b. The obligation to place interest of inhabitants paramount c. The obligation to associate on the basis of absolute equality 

Question: 

Does the Government of the Netherlands agree that any attempt to act in conflict with the abovementioned obligations should never, under any conditions, be contemplated, much less undertaken, by any law abiding member of the United Nations? 

Question: 

Does the Government of the Netherlands agree that obligations under the Charter are “jus cogens,” a body of rules from which no derogation is possible? 

Question: 

Does the Government of the Netherlands agree that all articles in “Het Statuut” which are in conflict with the following obligations under the Charter: a. A full measure of self-government b. The principle that the interest of the inhabitants are paramount c. Absolute equality Fall within the scope of Article 103? 

Question: 

Does the Government of the Netherlands agree that the legal force of Article 103 of the UN Charter “covers not only its member states, but also “international and regional organizations, private contracts, licenses and permits.1 ? ” 

Question: 

Does the Government of the Netherlands agree with the following statement? 

"The fact that domestic law cannot be invoked so as to justify a non-observance of an obligation of international law surely rules out the possibility that an arrangement contracted under domestic law could prevail over international law.” 

Question: 

Does the Government of the Netherlands agree with the following statement? …article 103 applies to all sorts of contractual rights and obligations, irrespective of their source, including unilaterally obtained obligations. There are good reasons for such a perspective. Most importantly, it would completely defeat the object and purpose of Article 103 if States could avoid its effect by subjecting their agreements to a domestic legal system…. 

Question: 

Does the Government of the Netherlands agree that “Het Statuut” falls within the scope of article 103 of the UN Charter? Question: Does the Government of the Netherlands agree with the International Law Commission that “Charter” is also used to signify “Treaty?” 

Question: 

Does the Government of the Netherlands agree that by stating “The Charter of the Kingdom of the Netherlands” it declares to the world community that “Het Statuut” is a treaty? 

Question: If the Government of the Netherlands is of the opinion that “Het Statuut” is not a treaty, why declare to the world community that it is a “Charter” knowing full well that “Charter” means “Treaty”? 

Question: 

Does the Government of the Netherlands agree that under the obligation that” the interests of the inhabitants are paramount”, their interests are expressed by their representative bodies? 

Question: 

Does the Government agree that under the obligation of absolute equality there cannot exits any form of supervision or hierarchy? 

Question: 

Does the Government of the Netherlands agree that even if parties were to agree to such supervision, such an agreement itself would be in conflict with the “obligation to associate on the basis of absolute equality”, thereby triggering the provisions of Article 103 and rendering any such attempt to “contractout” of Charter obligations unenforceable? 

Submitted by your humble servant, James Finies with utmost trust in the Justice and Equity of Your Royal Highness.