SECTION 3: Governance

Section 3: Governance

INSTITUTIONS AND LEGAL FRAMEWORK

This section summarizes the findings from a review of institutions with roles and responsibilities for managing key services connected to stressors on the environment as well as those having environmental mandates and interests. In sections 1 and 2, discussions provided insight into key services on the island and critical issues associated with degradation to ENR, concerns about human health and pollution, and overall aspects for sustainable development.

Key Institutions and Roles

The overall management, administration and monitoring of environment and social issues of Sint Maarten is assigned to two main Ministries: Ministry of Public Health, Housing, Spatial Planning, Environment and Infrastructure (VROMI,) and the Ministry of Public Health, Social Development and Labor (VSA). The VROMI is the most prominent institution having its hands in environmental matters related to policies, development planning, infrastructure management, and permitting and inspection and enforcement. The roles and associated tasks for each VROMI department are listed in table 3.1. VROMI Services

The tasks and responsibilities of the Ministry of VROMI are defined in the National Ordinance and the Organization Decree Public Housing, Spatial Planning, Environment and Infrastructure. The Ministry of VROMI has four major objectives (as stated in the Ministry Plan-2015- 2018) which are listed below;

Sustainable development through protection of our environment and natural resources;
Enhancement of the resilience of the country;
Enhance the quality of life for citizens;
Improve the performance and organization of the Ministry.

With these objectives, the VROMI addresses the issues related to environment and nature conservation, as well as controlling in order to safeguard an optimal living, working and recreational environment for the residents of St. Maarten. It is also stated in the Ministry Plan that VROMI can play a role in the protection of the tangible cultural heritage (buildings, monuments, and artifacts) and natural heritage (culturally significant landscapes, and biodiversity).

The Ministry has a broad range of responsibilities that are dispersed across several departments:

The Ministry of Public Health, Social Development and Labor (VSA), is responsible for securing quality health care and developing legislation, guidelines, and policy on the island where the health care system is privately managed. Health care delivery in Sint Maarten operates through primary and secondary health services, through private health care professionals, NGOs, and governmental health care organizations. The Department of Labour Affairs of the VSA is charged with the tasks in the area of labour, including;

Formulating policy memorandums and recommendations and making proposals for the development, adjustment, monitoring and implementation of a national policy concerning labour and the policy in the area of safety and labour inspection;
Preparing, implementing and monitoring the national legislation concerning labour and monitoring the compliance with this legislation;
Promoting international, social and labour affairs, such as the relationship with the International Labour Organization.

There are many other key organizations from public, civil and private sectors, in addition to NGOs, research institutions, and donor institutions who contributes to promotion, advocacy and communication of environmental and social issues in Sint Maarten. These organizations and their key activities are summarized in the interactive Table 3.3: Key Organizations for General Environmental and Social Management Provisions (at the end of the section) and linked to primary responsibilities and activities across the thematic and sector areas discussed in sections 1 and 2.

Sint Maarten Environmental and Social Assessment Management Regulations

Sint Maarten as a part of the Netherlands Antilles within the Kingdom of the Netherlands followed regulations and ordinances of the Kingdom. After dissolution of the Netherlands Antilles, the Island began converting those regulations to national Ordinances and Decrees, with the process still ongoing. The Sint Maarten e-CEA provides an overview for existing laws and regulations, as well as generally accepted good practice objectives for environmental and social assessment management in the below interactive Table 3.2: Key Findings for Key Organizations for General Environmental and Social Management Provisions.

This table focused on nine general environmental and social management provisions that are important for sustainable growth based on good international practices. These provisions are; 1) environmental and social assessment, 2) protection of workers, 3) resource efficiency, pollution prevention and hazardous materials, 4) protection of communities, 5) land acquisition and displacement, 6) biodiversity conservation and protected area management, 7) protection of cultural heritage, 8) financial intermediaries and 9) stakeholder engagement and information disclosure. For each provisions, existing national laws and regulations are examined and gaps are identified. It is recognized that St. Maarten has a limited capacity in terms of staffing within the Ministries to undertake necessary measures for the gaps listed in Table 3.2. While some provisions can easily be handled by the St. Maarten Government, some areas may need additional attention to attain a reasonable set of standards approaching international good practice.

Table 3.2: Key Findings for General Environmental and Social Management Provisions

Click on each tab on the top of the table to learn more about each environmental and social assessment provisions.

General Environmental and Social Management Provisions	Objectives National Laws and Requirements Gaps

1. Environmental and Social Assessment	Identify, evaluate and manage the environment and social risks and impacts, Adopt differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable, Utilize national environmental and social institutions, systems, laws, regulations and procedures in the assessment, development and implementation of activities.
2. Protection of Workers.	Promote safety and health at work, Promote the fair treatment, non-discrimination and equal opportunity of workers, Protect workers, including vulnerable workers such as women, persons with disabilities, children of working age, migrant workers, contracted workers, and community workers.
3. Resource Efficiency, Pollution Prevention and Hazardous Materials.	Promote the sustainable use of resources, including energy, water and raw materials, Avoid or minimize adverse impacts on human health and the environment by avoiding or minimizing pollution from development activities, Avoid or minimize generation of hazardous and non-hazardous waste, Minimize and manage the risks and impacts associated with pesticide use.
4. Protection of Communities.	Anticipate and avoid adverse impacts on the health and safety of communities from development activities, Avoid or minimize community exposure to infrastructure and road safety risks, diseases and hazardous materials, Have in place effective measures to address emergency events.
5. Land Acquisition and Displacement.	Avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives, Avoid forced eviction, Mitigate unavoidable adverse social and economic impacts, Improve living conditions of poor or vulnerable persons who are physically displaced, Implement resettlement activities with sufficient investment resources for all affected parties
6. Biodiversity Conservation and Protected Area Management.	Protect and conserve biodiversity and habitats, Promote the sustainable management of living natural resources.
7. Protection of Cultural Heritage.	Protect cultural heritage from the adverse impacts of development activities and support its preservation, Address cultural heritage as an integral aspect of sustainable development.
8. Financial Intermediaries (FI).	Promote good environmental, social and sound human resources management practices in development projects that FI finances.
9. Stakeholder Engagement and Information Disclosure.	Establish a systematic approach to stakeholder engagement, Ensure disclosure of appropriate environmental and social risks and impacts information to the public in a timely and transparent manner, Promote effective grievance mechanisms.

1. Environmental and Social Assessment	The National Ordinance Structure and Organization of National Government (AB 2010, GT no. 6 and AB 2014, no. 29). The Organization Decree Public Housing, Spatial Planning, Environment and Infrastructure (AB 2010, no. 8, AB 2013, GT no. 145 and AB 2014, no. 67). Council decision, concerning general measures, to subdivide and further elaborate the Ministry of Housing, Spatial Planning, Environment and Infrastructure (VROMI). VROMI Ministry Plan (2015 -2018) lay out the responsibilities of the VROMI to deal with environment and natural resources issues.
2. Protection of Workers.	Labour Legislation of St Maarten; It covers a broad range of issues to provide a better working relationship between employees, who are empowered with knowledge of their rights and Employers, who know what is and is not permitted of them. Safety Decrees I-III (AB 2013 GT no. 348; no. 280; no. 350): Safety Decree I: Regulations on working environment (e.g. lighting, hygiene, temperature, ambient air quality, first aid; restrooms, changing rooms, canteens, night accommodations, PPE, safe operation of machinery, accident prevention); Safety Decree II: Detailed regulations on scaffolds, suspended working floors, gangways, ladders, working on roofs, cranes, lifting gear, winches, pulleys, suspensions, safety around construction and demolition sites; Safety decree III: Detailed regulations on construction, installation, operation and maintenance of reservoirs for liquids and gases. A National HIV and AIDS Workplace Policy (2012); The objective of this Policy is to provide a set of guidelines to be adhered to by all employers and employees of Sint Maarten both public and private, in order to address the HIV and AIDS epidemic in and through the workplace.
3. Resource Efficiency, Pollution Prevention and Hazardous Materials.	National Energy Policy (2014) prepared by the Ministry of VROMI and the Ministry of Tourism, Economic Affairs, Transport & Telecommunication (TEZVT). This Policy contains a list of measures and procedures necessary to mitigate the impact of energy usage on our environment while offering consumers lower tariffs for energy use. The current Electricity Concessions Ordinance (AB 2013, GT no. 147) and the Electricity Concession of N.V. GEBE reflect provisions and regulations containing the option of granting concessions to corporations for producing power by waste incineration, gasification or with other renewable energy sources. Waste Ordinance (AB 2013, GT no. 135). National ordinance, concerning collecting and getting rid of domestic waste, crude waste, liquid waste, commercial waste, car wrecks and other categories of waste. National Ordinance Wastewater (AB 2013, GT no. 142) is for the protection of the environment and the burden thereof by limiting and minimizing waste water and to lay down rules for this with regard to waste water. The National Ordinance for Nature Protection and Management (AB 2013, GT no. 809) which lays down rules for nature management and the protection of the animal and plant species occurring therein. The National Ordinance for the Prevention of Pollution from Ships (AB 2013, GT No. 298) which lays down rules for the prevention of pollution from ships. National Ordinance Clearance of Ships and Wrecks (AB 2013, GT no. 314) which contains measures for the disposal of ships and wrecks in the sea and on the sea beach. Environmental Norms for Air & Sound, Water & Wastewater, Waste was published in 2007 in Dutch which applies to Bonaire, Curacao, Saba, St. Eustatius and St. Maarten.
4. Protection of Communities.	Nuisance Regulation (AB 2013, GT no. 139). Country regulation containing measures with regard to setting up establishments that may cause nuisance, damage or danger. It is prohibited to set up establishments that could cause danger, damage or nuisance without a license, which, subject to the exceptions made by or pursuant to this national ordinance, by the Minister of VROMI. Hindrance Permits can be obtained by following a process established by the Ministry. National Ordinance Public Health (AB 2018, 20). Regulation of the Minister of Health, Social Development and Labor of Sint Maarten concerning rules concerning public health regulation of public health. National Decree of the Governor of Sint Maarten Concerning Public Health Rules National Decree on Public Health (AB 2017, GT No. 33). Lays down rules regarding public health.
5. Land Acquisition and Displacement.	St. Maarten adopted its own Planning and Zoning Ordinance in 1993 (Eilandsverordening Ruimtelijke Ontwikkelingsplanning St. Maarten,”EROP”) and it is updated in 2013 which is the National Ordinance Spatial Development Planning (AB 2013, GT no. 144). National ordinance, concerning Building- and Public Housing a.k.a. Building Ordinance (AB 2013, GT no. 136). There are two National Decrees for execution of Article 19 (AB 2013, GT no. 146) and Article 43 (AB 2013, GT no. 401) of the Building Ordinance.
6. Biodiversity Conservation and Protected Area Management.	National ordinance, concerning management of nature and protection of the prevalent fauna and flora (AB 2013, GT no. 809). National Decree, entailing general measures, concerning management and protection of flora and fauna as well as nature parks (AB 2013, GT no. 143). There are two relevant island policies that are not covered by legislation; Beach Policy (Public notice August 1994). Hillside Policy (Public notice No. 986/98). Temporary Fishing Prohibition Cartilage Fish Decree (AB 2011, no. 35). Legal basis or authority on which the regulation based on is the Article 4, second paragraph, of the National Ordinance on Maritime Management and Article 5 of the Fisheries National Ordinance. Fisheries Land Decree (AB 2013, GT no. 405). Council decision, concerning general measures, implementing articles 3 and 12 of the fisheries country regulation. Fisheries Products National Decree (AB 2013, GT no. 354). Council decision, concerning general measures, in implementation of article 3, first, second and sixth paragraph, of the Warenlands Ordinance (Warenlandsverordening in Dutch). National Nature Conservation Ordinance - Ao2001, No. 41; This Ordinance details legislation and regulations at a federal level and explains the responsibility of the federal or island governments. For example, every 5 years, the federal government is responsible for establishing an island-wide nature policy plan (Art. 9), the island government is responsible for the allocation of nature reserves (Art. 10) and the protection of species listed in the Sea Turtle Convention, the Bonn Convention, The Protocol Concerning Specially Protected Areas and Wildlife (SPAW) Protocol and the Convention on Biological diversity (Art. 11 - 14). Nature Conservation Ordinance St, Maarten- AB2003, No. 35: The Island Territories of the Netherlands Antilles are responsible for the development of a nature policy and related legislation and its implementation. The Ordinance St. Maarten was established in on 1st September 2003 and presents articles relating to the management and protection of flora and fauna. St Maarten Proposed Land Parks Management Plan (2009); Although there are no legally recognized Terrestrial Protected Area’s on St. Maarten, legislation exists for the island which relates to the conservation of flora and fauna. The establishment of Nature Parks is a requirement in island legislation, national policy and international conventions that St. Maarten is party to.
7. Protection of Cultural Heritage.	Convention for the Protection of World Culture and Natural Heritage (1972) is accepted in 1998 by the Kingdom of the Netherlands. The Government of Sint Maarten with UNESCO hosted a meeting on Capacity Building on Heritage Conservation in the Caribbean Small Islands Developing States in 2014. The Philipsburg Declaration and Action Plan (2015) is created as a result of this meeting. National decree, entailing general measures of the execution of the Monuments ordinance (AB 2013, GT no. 50). National decree indicating protected monuments (AB 2013, GT no. 46). National decree monuments register (AB 2013, GT no. 49).
8. Financial Intermediaries (FI).	Several international ESG and ESMS practices are in place both regionally and globally and they include Equator Principals, UNEP Finance Initiative, PRI Principals for Responsible Investment
9. Stakeholder Engagement and Information Disclosure.	There is no national law or regulation. At the project level, appropriate stakeholder engagement and information disclosure are followed (e.g. SMMC New Hospital project, Airport Rehabilitation Project, Emergency Recovery Project).

1. Environmental and Social Assessment	There is not an adequate legal and regulatory framework to guide environmental and social impact assessments. There a limited number of elements that meat environmental and social assessment good practice. The VROMI Ministry Plan has an opportunity to improve environmental and social management via generic initiatives that require further details.
2. Protection of Workers.	The current labour legislation covers the issues of minimum wages, employee dismissal, prohibition of child labor, occupational injury, holidays and special leaves etc; however, there is no specific section on vulnerable workers such as women, persons with disabilities, children of working age, migrant workers, contracted workers, and community workers.
3. Resource Efficiency, Pollution Prevention and Hazardous Materials.	Policies and ordinances are in place to promote sustainable water and energy use. There are gaps with regard to pollution emission and discharges standards. The current Waste Ordinance does not address management, storage and transport of hazardous materials, chemicals and pesticides.
4. Protection of Communities.	There are no current regulations that require facilities to inform adjacent communities of potential risks and hazards including hazardous wastes, traffic safety, impacts of labor influx and issues associated with security personnel. Emergency response services and plans are being improved and updated post Hurricane Irma. A number of the utility facilities have developed emergency response and evacuation procedures in coordination with affected communities.
5. Land Acquisition and Displacement.	Currently, there are no requirements to address adverse impacts related to land acquisition, nor assess economical and social impacts. There are no specific requirements that insure protection for all people affected including people who do not have full legal rights to land or assets.
6. Biodiversity Conservation and Protected Area Management.	Measures to protect, conserve, maintain and restore natural habitats and biodiversity have been proposed; however, it has not been legalized. Although there are laws regarding development activities impacting critical habitats and biodiversity, degradation continues because of the lack of enforcement. Incorporating ecosystem services into national capital is not required under current legal mandates.
7. Protection of Cultural Heritage.	Comprehensive regulation addressing potential adverse impacts on cultural property requires additional formulation. Legal protection relating to commercial use of cultural heritage remains ambiguous.
8. Financial Intermediaries (FI).	The regional and global financial institutions adhere to various Environmental, Social and Governance (ESG) standards The extent of which island banks implement ESG and ESMS practices is currently unknown
9. Stakeholder Engagement and Information Disclosure.	Stakeholder engagement and information disclosure are designed at the project level in related to project’s stakeholders and their needs. There is an opportunity to develop a national policy for unified stakeholder engagement and information disclosure procedures.

As discussed in the CEA, the Government of Sint Maarten is engaged in a large-scale program to build back a more resilient island after the hurricanes Irma and Maria (2017). These efforts led by the National Recovery Program Bureau (NRPB) are requiring additional funding and support. Many of these initiatives are directly linked to the goals of sound environmental and social risk assessment and management. During implementation of these recovery projects, environmental, social and health issues will be raised, and they should be carefully assessed and managed. For this purpose, the NRPB will be in a critical role to monitor and supervise the adequate actions taken for general environmental and social management provisions highlighted in table 3.2.

Table 3.3: Key Organizations for General Environmental and Social Management Provisions

To learn more about the key organizations you can navigate this filter tool by selecting the type of the organization you are interested in (either from the public sector, Nogs etc…) and/or the relevant sector where this organization mainly focus its activities (Disaster Risk Management, Tourism, etc..). Each organization will be represented by a box and it’s linked with its website. If you put your mouse on top of it, the key activities of each organization will show up providing more information.