The recent report of the Algemene Rekenkamer Aruba (ARA) concerning the fiscal year 2020 is a fundamental document that must be addressed with maturity and depth. As a defender of the rule of law, I share the view that transparency, accountability, and institutional oversight are the pillars of sound governance. However, to understand the year 2020, we must apply an analysis that goes beyond the “black and white” perspective of traditional administrative bureaucracy.
The Dilemma in an Unprecedented Crisis
The year 2020 was not a normal year. Aruba faced a global calamity that brought our economy to a complete halt and placed thousands of families at risk of losing their daily livelihood. In that context, responsible leadership did not have the luxury of waiting for the timeframes prescribed by traditional administrative procedures. The decision to act was a decision of life or death for the social well-being of our country.
The focus of ARA is centered on formal legality. They raise valid questions regarding procedures and prior controls in programs such as FASE and wage subsidy schemes. As a jurist, I recognize that this constructive criticism is essential to strengthening our institutions. However, we also have the duty to consider the other side of the coin: practical reality.
Moral Responsibility vs. Administrative Rigidity
If the Government had chosen to remain strictly within the theoretical framework suggested by ARA, the result would have been a social catastrophe: extreme poverty and national instability. The implementation of FASE and wage subsidies was not “unlawful” in its moral essence; it was an urgent action under extraordinary circumstances to keep Aruba afloat.
It is important to remember that, even though the formal legal basis was still in the process of being established, the Parliament of Aruba together with the College Aruba financieel toezicht (CAft) played an active role in supervising and evaluating these funds. This demonstrates that, even in the worst crisis, we sought a balance between the speed required by the situation and the oversight our institutions deserve.
Lessons from Yesterday for the Aruba of Tomorrow
Six years after the pandemic, our position is much stronger. Today, we have the laws and procedures that were missing in 2020. This is the best way to understand this ARA report: to learn from the analysis without ignoring the situation we were facing and the emergency decisions that had to be taken.
The greatest lesson that 2020 left us is that we must not lose valuable time creating legal frameworks during a calamity, because those instruments must already exist. As a country, we should be proud that our own people worked to ensure we are prepared. Today, we have a system that is:
- Flexible to respond in emergencies.
- Firm in its administrative control and integrity.
Conclusion: Beyond “Black and White”
The management of 2020 cannot be evaluated in administrative isolation. Between rules and reality, the Government made difficult decisions to save a country from social destruction. Even if procedures were not technically perfect, the social impact and the intention to preserve our community must be part of any fair evaluation.
I conclude with this reflection for our people:
“A strong state is not only one that strictly follows rules in an office, but one that knows how to adapt in a calamity without losing its integrity.”