As discussions surrounding the Kingdom Law on Sustainable Public Finances (HOFA) continue, Member of Parliament Eduard Pieters points to the profound implications this has for Aruba’s autonomy and the island’s democratic process.
Superior Law and the Role of the Netherlands One of the greatest points of concern is that a Kingdom Law (Rijkswet) is superior to Aruba’s local laws, such as the Aruba Financial Supervision Ordinance (LAFT). According to MP Eduard Pieters (PPA), once entered into a Kingdom Law, Aruba cannot easily exit without the approval and “okay” of the House of Representatives (Tweede Kamer) in the Netherlands. This opens a democratic debate, considering that the people of Aruba do not vote for the politicians in the Dutch House of Representatives, yet those politicians hold the final power over Aruba’s laws.
Limitations of the Parliament of Aruba Under the framework of a Kingdom Law, the power of Aruban Members of Parliament to make changes is significantly limited:
- Lack of Power to Amend: Unlike local laws, the Parliament of Aruba does not have the authority to unilaterally introduce changes or amend a Kingdom Law.
- Dependence on The Hague: Although the Minister Plenipotentiary can provide information or proposals to the House of Representatives, the final decision and the vote on the law remain in the hands of politicians in the Netherlands.
- Budgetary Control: Aruba’s budget cannot be approved by our own Parliament without receiving the “amen” or approval from politics in The Hague, in accordance with Article 38 of the Charter (Statuut).
The Democratic Dilemma The primary criticism is directed at the fact that, while it may be presented as a benefit for interest reduction, it comes at a high cost to democratic representation. MPs are elected to represent the Aruban people and should have the honor and right to decide on the country’s financial future without mandatory external interference.
For these reasons, there is strong opposition to the implementation of HOFA in the form of a Kingdom Law, arguing that it weakens the foundation of our autonomy and the democratic values that our Parliament must defend.