The Minister of Finance, Economy, and Primary Sector, Mr. Geoffrey Wever, has formally presented the advice of the Advisory Council (Raad van Advies – RvA) regarding the draft Kingdom Law on Sustainable Public Finances Aruba (Rijkswet HOFA) to the Parliament of Aruba in a closed session. The document, received on April 29, contains serious warnings regarding the legality of the law and the resulting limitations on the island’s autonomy.
The most controversial point in the RvA’s advice is the so-called Article 38 of the Kingdom Law. According to the advisory body, this article is “fundamentally in conflict with the Constitution (Staatsregeling) of Aruba.” Article 38 stipulates that the Government of Aruba may not amend or withdraw the national law (LWHO) without prior approval from the Kingdom Council of Ministers (RMR).
The RvA explains that under the Constitution, the power to create and amend laws is an exclusive right held jointly by the Government and Parliament of Aruba. “The Government does not have the authority to impose limiting conditions on the introduction of national laws that deviate from the Constitution,” the council emphasized, referring to the legal principle of nemo-plus.
Lack of Time and Transparency Beyond the legal basis, the RvA expressed profound disappointment regarding the process:
- No time for consultation: The request for advice was received on March 9, while decisions had already been finalized in the RMR on March 6. This meant Aruba could not utilize the Council’s findings during crucial negotiations in the Netherlands.
- Financial Uncertainty: Although the Kingdom Law opens the door to lower interest rates on COVID-19 loans (savings of over 300 million florins over 20 years), significant doubts remain regarding the refinancing of foreign debt.
- Incomplete Legislation: The national law that must accompany the Kingdom Law (LWHO) is not yet “ready” according to the Council, and lacks vital feedback from the General Audit Chamber.
Recommendations To avoid a constitutional conflict, the Advisory Council recommends completely removing Article 38 from the law. As an alternative, they propose placing financial norms (such as IMF figures) directly within the Kingdom Law itself, which would make conditions more transparent and legally sound for both sides of the Atlantic.
Political Commentary: A “Banana Republic” Parliament? The current situation places Parliament in a difficult position. Despite the presence of legal experts, many members of the AVP and FUTURO factions—mostly newcomers—appear to be blindly following a government path that critics describe as detrimental to the country. This administration, in office for just over a year, is being labeled by opponents as one of the most damaging in Aruba’s political history.
The Advisory Council’s report mirrors warnings from Dutch professors and technical experts. Yet, critics argue that parliamentarians from the AVP-FUTURO coalition are acting as “puppets” or “marionettes,” lacking the independent judgment required to represent the people. This refusal to exercise parliamentary sovereignty is being described as a “national embarrassment,” turning the legislative body into what some call a “Banana Republic” followership.
