Ombudsman publishes 2023 Year Report

PHILIPSBURG, The Ombudsman of Sint Maarten recently published the 2023-year report. In 2023 there were a total of 367 complaints handled of which 43 resulted in a report by the Ombudsman. From the 324 general complaints the majority concerned the following topics: Civil cases (29), SZV (20), followed by KPSM (filing a complaint) and Immigration and Border Patrol (residence permit) with 18 complaints each. General complaints are inquiries from the public for which the Ombudsman is not competent. Nevertheless, the general public is assisted by the Bureau with information on the subject matter or a referral to the relevant institution or a law office for further support. It is for this reason that the Ombudsman continues to advocate for the establishment of a legal desk (juridisch loket/ rechtswinkel). A legal desk is a voluntary organization that provides legal advice to the public free of charge or at a greatly reduced rate. They answer legal questions and also assist with the writing of letters or objections. Legal desks are usually financed by the government.

As mentioned, a total of 43 complaints resulted in further investigation by the Ombudsman. The ministries accounted for 37 investigations and ZBOs accounted for 6. From the 43 investigations in 2023, 22 were closed by the end of 2023. The Ministries of VROMI and Justice both accounted for 14 investigations each, with the Ministry of Justice accounting for 1 Systemic investigation by the Ombudsman. The Ministry of Finance accounted for 3 investigations, the Ministries of ECYS and TEATT accounted for 2 each, and the Ministries of AZ and VSA, 1 investigation each.

The Ombudsman continues to seek ways to work with government to address the concerns and complaints of the public to arrive at a solution, such as, quick win interventions, site visits, inter-ministerial meetings and mediations. These methods have proven to be successful in several cases. The Ombudsman is pleased to see various ministries not only agreeing with recommendations issued, but also implementing them. In particular the Ministry of TEATT and Finance (Tax Department). In the absence of an objection procedure/policy establishing how driver’s license examinations are to be reviewed by the examination committee, the Ombudsman recommended that the Ministry of TEATT create a policy to ensure transparency. This policy has now been established. The Ombudsman recommended that the Tax department provide the public with information regarding their procedural options at the back of their assessment. In particular the deferral request to halt payments at the Receivers office. This was also implemented by the Tax department.

The annual report highlights the activities of the Bureau Ombudsman over the past year. and provides a summary of the systemic investigations that were conducted.

The report has been presented to Parliament and the Council of Ministers and is available to the general public for download via https://ombudsman.sx/reports/annual-reports/.

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