Political Decolonization and Self-Determination; the Case of the Netherlands Antilles and Aruba

The Netherlands Antilles and Aruba are still tied to the Netherlands through the Charter for the Kingdom of 1954. This document is a little known, but ingenious attempt at the decolonization of the Dutch Caribbean within the structure of the Kingdom of the Netherlands. This study describes the status of the Netherlands Antilles and Aruba under international law. It discusses questions such as: What basis is there for the islands’ claim to self-determination and decolonization? May the Netherlands force the islands to become independent states? Why do the islands call on the help of the Decolonization Committee of the United Nations to obtain another constitutional status within the Kingdom of the Netherlands? For the first time, the results of more than 50 years of debate within the Kingdom of the Netherlands on decolonization and self-determination are now made available to international readers, with full reference to international law and developments at the United Nations. Relevant comparisons are made to other remnants of the Western colonial empires in the Caribbean and Pacific regions, and in the Indian Ocean. It presents an overview of existing forms of overseas constitutional relations, in light of the international law concerning decolonization and self-determination of small islands. The Kingdom of the Netherlands is currently going through turbulent times. The Netherlands Antilles is falling apart, with each of its five island territories trying to obtain a separate constitutional position within the Kingdom. The aim of Curaçao and St. Maarten is to become autonomous Countries within the Kingdom, while Bonaire, St. Eustatius and Saba have opted for a stronger role for the Netherlands in the government of their islands. The international law concerning decolonization and self-determination will probably continue to play a large role in this process of constitutional reform.