Emancipation Day! Know your reparatory justice emancipation status. To this end, during the Caribbean Studies Association (CSA) 49th Annual Conference, held in Sint Maarten from June 1 – 7th, 2025, the Sint Maarten Institute for Public Policy Studies (SIPPS) presented a paper entitle: On Reparation: Sint Maarten and Reparatory Justice for Dutch Colonial Slavery Past.
The paper examines the issue of the rights of Sint Maarten to reparatory justice for Dutch colonial enslavement, while not only focusing on the Dutch involvement but also grappling with the realities of participating slave trade facilitators. Citing the legal base, established by the International Law Commission Report (document A/56/10), Sint Maarten is provided with the right to reparatory justice for the injustices caused as a result of 215 years of chattel enslavement and 306 years of colonialism. On the other hand, the Report further contends that “States who participated or benefitted from colonial slavery they may bear legal and moral responsibility for doing so”. Equally, this was recognized during the Durban Conference Against Racism (WCAR) in 2001. However, “no legally enforceable mechanism that required States which participated in or benefited from enslavement to engage in reparatory justice or to pay reparation, was set up.”
Section III discusses the forms/ measures of reparatory justice to include financial compensation in redressing the Dutch colonial slavery past, facilitated an optimum process for Sint Maarten, and reckoned with the notion that reparatory justice also ought to be sought from slave trade facilitators. Thereto, the United Nations identified five (5) basic principles: restitution, financial compensation, satisfaction, rehabilitation and non-repetitions in addressing reparatory justice. Using this framework, I suggested restitution, financial compensation, and satisfaction to include institutional reform to facilitate Sint Maarten reparatory justice process. And based on the international law commission, which states that “a State which aids or assists another State in the commission of an internationally wrongful act of the latter is internationally responsible for doing so.” Thus, it could be reckoned that reparatory justice ought also to be sought from slave trade facilitators.
With financial compensation being the forefront reparative justice measure for Sint Maarten Section IV addresses concerns related to financial compensation that could be challenging to move Sint Maarten beyond the injustices and repercussions of past enslavement and colonialism. One of the biggest challenges is the Netherlands’ reluctance and resistance to directly engage in conversations about extending reparative justice financial compensation. Another is determining the amount of this financial compensation. In addition, there is the challenge of eligibility. Determining who is eligible and qualifies for reparatory justice compensation, which can be contentious. Of greater concern should be - can financial compensation truly cure the systemic post-slavery and neo-colonialism problems Sint Maarten faced as a result of slavery past and colonialism. This inaction creates the need for a transformative reparatory pathway that affords Sint Maarten away from compensation needs and into the pathway of a self-reliant constituent state of the Kingdom.
Section V ascertains how this self-reliant state could be achieved as opposed to aspiring for reparative justice financial compensation. Through collaborative efforts with the Netherlands/ the Kingdom prioritize resilience, empowerment, and long-term sustainability. Resilience is the ability to adapt and thrive despite adversity; empowerment ensures that the Island [Sint Maarten] has the tools and confidence to take control of its autonomy and shape its future, and sustainability ensures that this progress/ self-sufficiency is maintained over generations.
Sectio VI, concludes
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