“Is this accidental or strategic?”
The National Ordinance Establishing Ministries (LIM) forms the legal basis that determines how ministries are divided and which minister formally has the authority/power to manage each ministry. The LIM is a fundamental element of good governance and government transparency.
It is no secret that the current government (AVP-FUTURO) has introduced a new distribution of ministries, but they have still not presented the required amendment to the LIM to Parliament. The 2022 version therefore remains the valid one. This creates a major discrepancy between what ministers are actually doing and who is legally responsible and/or must sign for certain decisions. For this reason, it is crucial that the LIM be amended and approved by Parliament. This must be done as soon as possible whenever a new government takes office and changes the ministerial structure.
The current situation
The government of Aruba has not yet submitted the LIM amendment to Parliament. This means the government is operating based on a structure that legally does not exist. This undoubtedly brings legal risks and consequences. Additionally, it creates inefficiency and a lack of clarity within government departments and blocks processes due to the uncertainty about who is truly responsible.
These risks also include ministers performing roles that do not formally fall under their ministry, which facilitates misuse of power. An example already observed under the current government is that minister Gerlien Croes attends meetings that formally fall under the responsibility of the Prime Minister, or assumes tasks that have not been assigned to her. This increases distrust within the community and harms the integrity of the government.
If the Prime Minister does not carry out his responsibilities as Prime Minister — why is he the Prime Minister?
Can the government leave the LIM unchanged as a strategic decision?
Since there is no specific term requiring the government to update the LIM, it is difficult to claim they are not in compliance. However, it is always highly recommended that the LIM be addressed as soon as possible to avoid situations where ministers perform tasks that fall outside their ministry and may act against the law. Additionally, this affects the work of Parliament, which must monitor the functioning of the government.
Without an updated LIM, it becomes difficult for Parliament to verify whether a minister is performing his or her duties correctly. This raises the question of whether the delay in updating the LIM is a strategic choice that exploits the system, and why the government still has not submitted it to Parliament.
Conclusion
It is important to emphasize that adjusting the LIM is not merely a formality but a necessary legal step to safeguard good governance and transparency in government. Without it, the integrity of the AVP-FUTURO government and its processes is undermined. The reality is that without an updated LIM, ministers can act and make decisions without being legally accountable.
Who will be held responsible for this?