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Kingdom of the Netherlands
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- The Netherlands and The Kingdom of the Netherlands are two distinct geographical and administrative entities.
- Not to be confused with the historic Kingdom of Holland.
The Kingdom of the Netherlands (Dutch: ) is an association with federal characteristics (federacy), based on a political compact, which consists of three countries (landen): the Netherlands in Western Europe, and the Netherlands Antilles and Aruba in the Caribbean.
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- The Netherlands and The Kingdom of the Netherlands are two distinct geographical and administrative entities.
Not to be confused with the historic Kingdom of Holland.
The Kingdom of the Netherlands (Dutch: ) is an association with federal characteristics (federacy), based on a political compact, which consists of three countries (landen): the Netherlands in Western Europe, and the Netherlands Antilles and Aruba in the Caribbean. The current Kingdom of the Netherlands was constituted with the proclamation of the Charter for the Kingdom of the Netherlands on October 28, 1954.
From 1830 to 1954, the "Kingdom of the Netherlands" referred to the Netherlands Kingdom and its colonial (formerly Dutch East- and West-Indian Co.) possessions.
Suriname was a constituent nation within the Kingdom from 1954 to 1975.
The Charter specifies the competences of the Kingdom; apart from these competences the countries are completely autonomous in their internal affairs.
The Charter is a unique document, which compares with difficulty to other types of political compacts for associations and government. It has some characteristics of a federal state, the main difference being that its members, on the federal level, are not completely equal. The Netherlands, as one of the constituent nations, actually is responsible for the federal affairs. The interests of the overseas constituent nations in matters that are governed by the Kingdom, are in practice subordinate to those of the Netherlands.
History
Before the Charter for the Kingdom of the Netherlands was proclaimed in 1954, Suriname, Netherlands New Guinea, and the "Netherlands Antilles", formerly "Colony of Curaçao and Subordinates" (Kolonie Curaçao en Onderhorige Eilanden) were mere commercial posts and colonies of the Dutch W.I.C., transferred in 1791 to the Government of the Netherlands.
The origin of the administrative reform of 1954 was the famous December 7 1942 radio speech by Queen Wilhelmina pertaining to the August 14, 1941, Atlantic Charter and the Declaration by the United Nations, which was signed by the Netherlands on January 1, 1942.
In this speech the Queen, on behalf of the Dutch government in exile in London, expressed a desire to review the relations between the Netherlands and its colonies after the end of the war. After the liberation, the government would be calling a conference to agree on a settlement in which the overseas territories could participate in the administration of the Kingdom on the basis of equality.
Initially, this speech had propaganda purposes; the Dutch government had the Dutch East Indies (now Indonesia) in mind, and was hoping to appease public opinion in the United States, which had become skeptical towards colonialism.
As the population and the economies of Suriname and the Netherlands Antilles were insignificant compared to those of the Netherlands, the Dutch government considered this construct to be too heavy. The Dutch cabinet did not approve of this kingdom constitution design when it was proposed in October 1948. In a subsequent design, which dropped the term constitution for Charter, Dutch institutions were taken as a starting point for the Kingdom Government, to which representatives of the overseas territories could be added if necessary.
In the final version of the Charter, Suriname and the Netherlands Antilles each got a Minister Plenipotentiary based in the Netherlands, who had the right to participate in Dutch cabinet meetings when it discussed matters that applied to the Kingdom as a whole, making this Dutch institution a Kingdom Government in appropriate cases. Delegacies of the States of Suriname and the Netherlands Antilles could participate in sessions of the First and Second Chamber of the States-General. An overseas member could be added to the High Council when appropriate, and the government would seek the approval of the States of the Netherlands Antilles and Suriname if legislation affected those nations. According to the Charter, Suriname and the Netherlands Antilles were also allowed to alter their constitutions (Staatsregeling). A term expressly not used in the Charter was the term right of self-determination. The right of any of the three nations to leave the political union unilaterally was not recognised; yet it was stipulated the Charter could be dissolved by mutual consultation.
In 1955, Queen Juliana and Prince Bernhard visited Suriname and the Netherlands Antilles. The visit was a great success. The royal couple was enthusiastically welcomed by the local population and the trip was widely reported in the Dutch press. Several other royal visits were to follow.
In November 1955, a representative of Aruba spoke in front of the United Nations Trust Committee and mentioned future changes to come.(These changes were officially presented twenty years later by the Aruban people in March 1977, based on their self-determination right, in the form of a referendum.)
Politicians of the nations visited each other as well. Until the end of the sixties, within Dutch politics a feeling of great satisfaction with the political relations prevailed. Only the Communist Party of the Netherlands denounced the Charter as a colonialist construction. All other Dutch politicians expressed in warm, but also quite romantic and vague words their appreciation of the Charter and the continuing links with Suriname and the Netherlands Antilles. Until 1969, kingdom relations rarely were subject of public debate in the Netherlands.
The Dutch government officially did not pursue a cultural policy with regard to the overseas nations of the Kingdom, but it did have close ties with a foundation, Sticusa, that had as its aim to strengthen cultural ties between the constituent nations and further common understanding amongst its populations.
In 1969, an unorganised strike on the Antillian island of Curaçao resulted in serious disturbances and looting, during which a part of the historic city center of Willemstad was destroyed by fire. Order was restored by Dutch marines. The same year in Suriname saw serious political instability with the Surinamese prime minister, Jopie Pengel, threatening to request 'federal' (i.e., Dutch) military support to break a teacher strike. These incidents shattered the image Dutch politicians cherished of the overseas nations as peaceful and harmonious societies. Dutch decision makers became fearful of the possibility of the Netherlands becoming engaged in internal or external armed conflicts of the Netherlands Antilles or Suriname.
In 1973, a new Dutch cabinet under Labour leader Joop den Uyl assumed power. In the government policy statement the cabinet declared a wish to determine a date for the independence of Suriname and the Netherlands Antilles with the government of those nations. The cabinet was of a clear leftist signature; the events of 1969 were fresh in public memory and the Netherlands considered themselves as a progressive 'guiding country'. These elements combined caused an extremely assertive stand of the government in making the overseas kingdom nations independent. The Antillean government was non-committal; the same held for the Surinamese Sedney-cabinet (1969-1973). The Suriname 1973 elections brought the National Party Combination (Nationale Partij Kombinatie) to power, with Henck Arron as its prime minister. The new government declared on its instatement that Suriname would be independent before 1976. This was remarkable, as independence had not been an issue during the election campaign. The Den Uyl-government in The Hague now had a willing partner in Paramaribo to realise its plans for Surinamese independence. Despite vehement and emotional resistance by the Surinamese opposition, Den Uyl and Arron reached an agreement, and on 25 November 1975, Suriname became independent.
The distinction between the Netherlands and the Kingdom
Outside the Kingdom of the Netherlands, "Netherlands" is used as the English short-form name to describe the Kingdom of the Netherlands. At the United Nations, for example, the Kingdom is identified in the General Assembly by its English short-form name "Netherlands", whereas the English long-form name "Kingdom of the Netherlands" may be used in place of the name "Netherlands" in formal UN documentation. International treaties, also, frequently shorten "Kingdom of the Netherlands" to "Netherlands." The Dutch name that is commonly used is Nederland, which is a singular form, whereas both the official Dutch name Koninkrijk der Nederlanden and the English "(Kingdom of the) Netherlands" is a plural form. In Dutch official practice, however, "Kingdom of the Netherlands" is shortened to "Kingdom" and not to "Netherlands", as the latter name could be confused with the Kingdom's principal country rather than with the Kingdom, itself. The Charter for the Kingdom of the Netherlands also shortens "Kingdom of the Netherlands" to "Kingdom" rather than to "Netherlands".
Apart from the fact that referring to the Kingdom of the Netherlands as the "Netherlands" can be confusing, the term "Kingdom" is also used to prevent any feelings of ill will that could be associated with the use of the term "Netherlands." The use of the term "Netherlands" for the Kingdom might imply that Aruba and the Netherlands Antilles are not equal to the Kingdom's country in Europe and that those two countries have no say in affairs pertaining to the Kingdom but are, instead, subordinate to the European country. Though the influence of Aruba and the Netherlands Antilles in Kingdom affairs is limited, that influence most certainly exists. Using the term "Netherlands" to refer to the Kingdom, therefore, could be perceived as failing to recognise that influence, however limited it may be.
Talking about the negotiation tactics of then Minister for Kingdom Affairs Alexander Pechtold, ChristenUnie leader and current Vice-Prime Minister of the Netherlands André Rouvoet illustrated the sensitivity in this matter by remarking in the Tweede Kamer that "[...] the old reproof that constantly characterised the relationship between the Netherlands and the Antilles immediately surfaced again. The Netherlands identifies the Kingdom with the Netherlands and dictates. The Netherlands Antilles can either give in or be ruled upon." In addition, the Werkgroep Bestuurlijke en Financiële Verhoudingen Nederlandse Antillen—the commission that explored the current constitutional reform of the Kingdom—recommended that the "identification of the Netherlands with the Kingdom needs to be eliminated". The Council of State of the Kingdom joins the commission in this by remarking that the Kingdom of the Netherlands has no telephone number, no budget and that the Council of Ministers of the Kingdom usually meets very briefly with a summary agenda. To counter this habit, the Council of State has suggested that with the pending constitutional reform in the Kingdom, a Secretariat for the Kingdom will be instituted that prepares the agenda for the Council of Ministers of the Kingdom and guards the enforcement of decisions of the Council.
Confusingly, the constitution of the Netherlands is still called the Constitution for the Kingdom of the Netherlands, as it originates from before 1954.
Statistics
Statistics for the Kingdom of the Netherlands | Country | Population
(2007) | Percentage of
Kingdom population | Area
(km²) | Percentage of
Kingdom area | Population density
(inh. per km²) |
|---|
| Kingdom of the Netherlands | 16,653,663 | 100.00% | 42,519 | 100.00% | 392 |
|---|
 | 103,891 | 0.62% | 193 | 0.45% | 538 |
|---|
| | 16,357,992 | 98.22% | 41,526 | 97.66% | 394 |
|---|
| | 191,780 | 1.15% | 800 | 1.88% | 240 |
|---|
—  | 11,537 | 0.07% | 288 | 0.68% | 40 |
|---|
| — | 137,094 | 0.82% | 444 | 1.04% | 309 |
|---|
—  | 1,491 | 0.01% | 13 | 0.03% | 115 |
|---|
—  | 2,699 | 0.02% | 21 | 0.05% | 129 |
|---|
—  | 38,959 | 0.23% | 34 | 0.08% | 1,146 |
|---|
Source Aruba:
Source Netherlands:
Source Netherlands Antilles: and
Geography
The Kingdom of the Netherlands covers , making it the 134th largest country on earth. The Kingdom of the Netherlands has land borders with Belgium, Germany (both in the Netherlands), and France (on Sint Maarten).
Aruba is a generally flat, riverless island renowned for its white, sandy beaches. Most of these are located on the western and southern coasts of the island, which are relatively sheltered from fierce ocean currents. The northern and eastern coasts, lacking this protection, are considerably more battered by the sea and have been left largely untouched by humans. The interior of the island features some rolling hills, the better two of which are called Hooiberg at 165 metres (541 ft) and Mount Jamanota, which is the highest on the island, at 188 metres (617 ft) above sea level.
About one quarter of the Netherlands lies below sea level, as much land has been reclaimed from the sea. Dikes were erected to protect the land from flooding. Currently the highest point of the Netherlands is the Vaalserberg in Limburg at only 322.7 metres (1,053 ft), but with the pending constitutional reform this is going to change as Saba will become part of the Netherlands as a special municipality, and its Mount Scenery (877 metres (2,877 ft)) will take the place of the Vaalserberg.
The Netherlands Antilles consist of two zones with different geographic origins. The Windward Islands (Saba, Sint Eustatius and Sint Maarten) are all of volcanic origin and hilly, leaving little ground suitable for agriculture. The Leeward Islands (Bonaire and Curaçao) have a mixed volcanic and coral origin. The said Mount Scenery is currently the highest point of the Netherlands Antilles.
Both Aruba and the Netherlands Antilles have a tropical climate, with warm weather all year round. The Windward Islands are subject to hurricanes in the summer months. The Netherlands has a moderate maritime climate, with cool summers and mild winters.
Countries
The Kingdom of the Netherlands currently consists of three countries:
Aruba
Aruba is a centralised unitary state. Its administration consists of the Governor, who represents the Monarch, and the (Aruban) Council of Ministers, headed by a Prime Minister. The people are represented in the Estates of Aruba. The current Governor of Aruba is Fredis Refunjol, and the current Prime Minister is Nelson O. Oduber. It has the Aruban florin as its currency.
The Netherlands
The Netherlands is a decentralized unitary state. Its administration consists of the Monarch and the Council of Ministers, which is headed by a Prime Minister. The people are represented by the States-General of the Netherlands, which consists of a Chamber of Representatives and a Chamber of Senators. The Netherlands is divided into 12 provinces: Drenthe, Flevoland, Friesland, Gelderland, Groningen, Limburg, Noord-Brabant, Noord-Holland, Overijssel, Utrecht, Zeeland and Zuid-Holland. The provinces are divided into municipalities. The current Prime Minister of the Netherlands is Jan Peter Balkenende. It has the euro as its currency.
The Netherlands Antilles
The Netherlands Antilles is a decentralized unitary state, with federal characteristics. Its administration consists of the Governor, who represents the Monarch, and the (Netherlands Antillean) Council of Ministers, headed by a Prime Minister. The people are represented by the Estates of the Netherlands Antilles. The Netherlands Antilles is composed of five insular territories: Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten. The current Governor of the Netherlands Antilles is Frits Goedgedrag, and the current Prime Minister is Emily de Jongh-Elhage. It has the Netherlands Antillean guilder as its currency.
Constitution
The Charter for the Kingdom of the Netherlands functions as the constitution of the Kingdom, and is as such applicable in every part of the Kingdom. It specifies the competences of the Kingdom and defines its institutions. For some specific parts, the Charter refers to some articles of the Constitution of the Netherlands. Each of the three countries within the Kingdom have their own constitution: the Constitution of the Netherlands, the Constitution of the Netherlands Antilles, and the Constitution of Aruba.
Government
Affairs
Article 3 of the Charter specifies that "without prejudice to provisions elsewhere in the Charter, Kingdom affairs shall
include":
- Maintenance of the independence and the defence of the Kingdom;
- Foreign relations;
- Netherlands nationality;
- Regulation of the orders of chivalry, the flag and the coat of arms of the Kingdom;
- Regulation of the nationality of vessels and the standards required for the safety and navigation of seagoing vessels flying the flag of the Kingdom, with the exception of sailing ships;
- Supervision of the general rules governing the admission and expulsion of Netherlands nationals;
- General conditions for the admission and expulsion of aliens;
- Extradition.
Paragraph 2 of Article 3 specifies that "other matters may be declared to be Kingdom affairs in consultation".
Administration
The King or Queen and the Council of Ministers of the Kingdom together form the administration of the kingdom. The Council of Ministers of the Kingdom consists of the Council of Ministers of the Netherlands complemented by one Minister Plenipotentiary of Aruba and one Minister Plenipotentiary of the Netherlands Antilles. The Dutch Prime Minister chairs the Council of Ministers of the Kingdom.
Laws applicable to the whole Kingdom are known as Kingdom Acts. An example of such a law is the "Kingdom Act regarding Dutch citizenship" .
The King or Queen of the Kingdom of the Netherlands is the head of state of the Kingdom. Because the Dutch King or Queen resides in the Netherlands, two governors are appointed to represent him or her in both Island governments.
Legislature
The legislature of the Kingdom consists of the States-General of the Netherlands and the administration of the Kingdom together. Articles 14, 16 and 17 of the Charter give some participation to the parliaments of the Netherlands Antilles and Aruba.
Judiciary
The Hoge Raad der Nederlanden, which is the supreme court of the Netherlands, also functions as the supreme court of the Kingdom.
According to Article 39 of the Charter, "civil and commercial law, the law of civil procedure, criminal law, the law of criminal procedure, copyright, industrial property, the office of notary, and provisions concerning weights and measures shall be regulated as far as possible in a similar manner in the Netherlands, the Netherlands Antilles and Aruba". The Article further stipulates that when a drastic amendment of the existing legislation in regard to these matters is proposed, the proposal shall not be submitted to or considered by a representative assembly until the Governments in the other countries have had the opportunity to express their views on the matter.
Council of State of the Kingdom
Article 13 of the Charter specifies that there is a Council of State of the Kingdom. It resembles the Dutch Council of State in its composition, but the Charter implies that at the request of the Netherlands Antilles or Aruba, one member from the Antilles and one from Aruba can be included in the Council of State. Both the Netherlands Antilles and Aruba are currently exercising this right.
International treaties and agreements
As the Kingdom is the internationally recognised sovereign state, only the Kingdom negotiates and concludes international treaties and agreements. Article 24 of the Charter specifies that when an international treaty or agreement affects the Netherlands Antilles or Aruba, the treaty or agreement concerned shall be submitted to the representative assemblies of the Netherlands Antilles or of Aruba. The article further specifies that when such a treaty or agreement is submitted for the tacit approval of the States-General of the Netherlands, the Ministers Plenipotentiary may communicate their wish that the treaty or agreement concerned shall be subject to the express approval of the States-General.
Article 25 gives the Netherlands Antilles and Aruba the opportunity to opt-out from an international treaty or agreement. The treaty or agreement concerned then has to specify that the treaty or agreement does not apply to the Netherlands Antilles or Aruba.
Article 26 specifies that when the Netherlands Antilles or Aruba communicate their wish for the conclusion of an international economic or financial agreement that applies solely to the Country concerned, the Government of the Kingdom shall assist in the conclusion of such an agreement, unless this would be inconsistent with the Country's ties with the Kingdom.
Article 27 specifies the involvement of the Netherlands Antilles or Aruba in the preparations for a treaty or agreement that affects them and Article 28 specifies that the Netherlands Antilles or Aruba may, if they so desire, accede to membership of international organisations.
Relationship with the European Union
The Kingdom of the Netherlands is a member state of the European Union. However, the Netherlands Antilles and Aruba are not considered part of the EU, but rather have the status of overseas countries and territories (OCT). Since citizenship is a Kingdom affair, and is thus not distinguished for the three countries, citizens from all three countries are also citizens of the European Union.
Dissolution of the Netherlands Antilles and subsequent constitutional reform
A joint commission has proposed major reforms for the Netherlands Antilles. On October 11, 2006 and November 2, 2006, agreements were signed between the Dutch government and the governments of each island that would put into effect the commission's findings by December 15, 2008. Under these reforms, both Curaçao and Sint Maarten will form new constituent countries within the Kingdom of the Netherlands, thereby dissolving the current Netherlands Antilles.
Bonaire, Saba, and Sint Eustatius will become direct parts of the Netherlands as special municipalities of the Netherlands and are to be constituted as "public bodies" under the Constitution of the Netherlands. These municipalities will resemble ordinary Dutch municipalities in most ways (they will have mayors, aldermen, and municipal councils, for example) and will have to introduce most laws of the Netherlands. As a transitional measure, only Dutch law that is considered to be necessary to function within the legal system of the Netherlands will be introduced, and most current laws of the Netherlands Antilles will still be in force on the three islands when they join the Netherlands on December 15, 2008. After that date, Dutch legislation will slowly take the place of the current laws of the Netherlands Antilles on those three islands. There are, however, some derogations for these islands, due to their distance. Social security, for example, will not be on the same level as it is in the Netherlands, and it is not certain whether the islands will be obliged to introduce the euro.
Additionally, the Kingdom government will consist of the government of the Netherlands and one Minister Plenipotentiary per Caribbean country. The special municipalities will be represented in the Kingdom Government by the Netherlands, as they can vote for the Dutch parliament. As the current Dutch voting law specifies that the First Chamber is to be chosen by the provinces, and the three islands currently are not to be included in a province, it is as yet unsure how they are to elect members in the First Chamber. The Dutch government has, however, guaranteed that the people on the islands will be able to elect members of the First Chamber, and is considering options for this.
For Bonaire, Saba, and Sint Eustatius, the Netherlands has proposed that a study be conducted on the islands acquiring the status of Outermost Regions (OMR), also called Ultra Peripheral Regions (UPR). The study would also look into how the islands would fare under UPR status.
Transport
See also:
See also
External links
- (pdf)
- [https://www.cia.gov/library/publications/world-leaders-1/world-leaders-n/netherlands.html Chief of State and Cabinet Members]
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