First GMS Court Case

JOHNSON vs. The NETHERLANDS

UN COMMITTEE for HUMAN RIGHTS

Theme: Equality/non-discrimination

Summary: Equality is prerequisite to Peace. It comes in 3’s:
1) Equal rights (basic)
2) Equal opportunities (advanced)
3) Equal access to Productive Capital (complete)

This Case is about the most basic form of equality, i.e. equal rights. Claimant is seeking equalization of pension rights between citizens of Holland and the Dutch Caribbean islands of Bonaire, St. Eustatius and Saba (‘BES’). This is about non-discrimination and equal social/ economic rights, i.e. equality for pensioners (which is argued in this case) and by extension equal child benefits and equal rent subsidies. 

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Second GMS Court Case

ANON. VS THE NETHERLANDS

COURT OF FIRST INSTANCE BONAIRE

Theme: Equality/non-discrimination

Summary: Equality is prerequisite to Peace. It comes in 3’s:
1) Equal rights (basic)
2) Equal opportunities (advanced)
3) Equal access to Productive Capital (complete)

This Case also focuses on the most basic form of equality, i.e. equal rights. Claimant is seeking equalization of pension rights between citizens of Holland and the Dutch Caribbean islands of Bonaire, St. Eustatius and Saba (‘BES’). The theme and contents are the same as the First GMS Court Case, only this case will be brought to the European Court of Human Rights after exhausting local remedies.

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Third GMS Court Case

WINKLAAR vs. SELIBON

COURT OF FIRST INSTANCE BONAIRE

Theme: Quest for Disability Pension

Summary. On Bonaire there is no Social Security yet for disability pension in case a person cannot work anymore due to illness. The case aims to obtain compensation for an employee who is unfit for work due to a work-related injury (not due to an accident).

But this case - if awarded - will have a wider impact. It will stimulate employers to take out insurance for their employees to cover the risk of their employees becoming disabled due to work-related illnesses or injuries. The Court has also been requested to suggest in an 'Obiter Dictum' that the government should introduce a special Social Security scheme to insure this risk for all employees.

This case has been ongoing for approx. 3 years. We skip all earlier documents and start with the Statement after Examination of Witnesses (Concl. na Enquete).

UNFORTUNATELY this case had to be abandoned, due to shortage of funds. The Court Registry Charges for filing the Appeal Case amounted to more than $ 3,000.-, which neither the plaintiff nor the Golden Meand Society could afford. Hopefully more donations will be received to avoid such a setback in the future.   

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Fourth GMS Court Case

GOMEZ GARCIA vs. The NETHERLANDS

COURT OF FIRST INSTANCE BONAIRE

Theme: Humanizing Immigration Policy

By means of a large set of rather complicated Laws and Regulations the Netherlands government has introduced and maintains a virtual form of ‘bonded labor’ for mostly Latin immigrants who have come to work on the islands of Bonaire, St. Eustatius and Saba.  

This case aims to eliminate the so-called ‘residence gap rule’. Migrant workers have to renew their residence permit every year for 5 years in a row. During this period they are virtually bonded to their employer, i.e. they risk expulsion if they are dismissed or quit voluntarily. This results in many abuses.

After 5 years they can apply for a permanent residence permit with free labor choice. However, permanent residency is denied, if there is a ‘residence gap’. This is any length of time occurring between the expiry and renewal dates of two yearly permits. If such a ‘gap’ occurs, this is considered ‘illegal residency’. The consequence of this is that the period of 5 years for permanent residency starts anew. 

THIS CASE was successful to the extent that the plaintiff received the permit he had requested. The case was settled out of court to the satisfaction of the plaintiff. For the plaintiff this is fortunate. For the Golden Meand Society (GMS) the downside is that the point of principle which this case had laid before the Court, could not be adjudicated. 

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Fifth GMS Court Case

HANSEN vs. The NETHERLANDS

APPEAL COURT OF JUSTICE CURACAO

Theme: Freedom of Movement within former Netherlands Antilles

After the break-up of the former Netherlands Antilles there is no freedom of movenment and residence anymore between the constituent islands. Neither is there freedom of movement for all Dutch nationals between the Netherlands and the former Neth. Antilles. 

This case aims to remove all existing restrictions of freedom of movement and residence between the islands as well as between the islands and the Netherlands, arguing that they are all violations of art. 12 of the (UN) International Covenant on Civil and Political Rigts as well as similar provisions of the European Convention of Human Rights. 

We publish this case as from the Notice of Appeal. All previous Court Documents and the Judgment in First Instance are attached to the Notice of Appeal. 

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