Small businesses at Captain Oliver’s Marina remain shuttered more than 2 years after Hurricane Irma’s destruction. (Robert Luckock photo)
MARIGOT–Maggi Shurtleff, the owner of Captain Oliver’s Resort, Restaurant and Marina, has spoken out with anger in a press release over her inability to rebuild or sell the resort due to an unresolved border conflict, how she feels like a “pawn” in the conflict, and how she has not received support from the Dutch-side government, not to mention the heavy toll the never-ending situation is taking on her health.
“Captain Oliver’s used to be the symbol of unity on the island. Now, grievously, it is the symbol of discord,” she said. “Despite repeatedly providing French authorities with copies of all of Captain Oliver’s Restaurant and Marina’s Dutch documentation and stating that we are just trying to conduct business in good faith under the authority that we had been granted by [Dutch – Ed.] St. Maarten, I have been constantly interrogated for many years.
“When seeking help from the former Dutch prosecutor he told me to continue to go in voluntarily or else I could be extradited and could be imprisoned on the Dutch side for weeks before the French authorities called me in for questioning.
“Even though I continued to go to the Gendarmerie voluntarily, I was arrested with an overwhelming show of force in October 2016. There were at least 50 armed persons from different departments and many Gendarmes were carrying machineguns. At that point I thought the Dutch authorities would finally provide us with protection, but that was not the case.
“Because of the inactions by the Dutch authorities, the French were emboldened and continued robust controls. Personnel at Captain Oliver’s, including tenants, are facing criminal charges for not having French permits. Other than a few letters and newspaper articles we received no protection whatsoever.
“We were informed that it was up to us to tell the Gendarmes that they were out of their territory. The Dutch authorities acknowledged that the French were getting more and more aggressive and told us to stay strong and prayed there would be no bloodshed.
“For more than three decades Captain Oliver’s Restaurant and Marina has been paying substantial amounts of money in taxes, social charges, permits, licences, and water rights to St. Maarten. In addition to Captain Oliver’s Restaurant there are six other business who paid taxes and operated under St. Maarten authority that can’t go operational. And now they want us to pay even more taxes. This is taxation without representation.
“In spite of the repeated promises from St. Maarten government authorities, to my utter shock I received ‘in protest’ a letter from [the Ministry of Public Housing, Spatial Planning, Environment and Infrastructure] VROMI four months after my arrest denying us to do durable repairs. We were only allowed to do temporary repairs in wood because of the conflicting interpretation of the ‘status quo’ in this never-ending border dispute.
“Needless to say, Captain Oliver’s was destroyed by [Hurricane] Irma because of this. Oyster Bay Beach Resort marina in Oyster Pond, just about 100 metres away, withstood the onslaught for the most part because of the durable nature of their marina which the Dutch authorities allowed. Had Captain Oliver’s Marina been allowed to do durable repairs like all of the other marinas on the Dutch side of the island we would have been operational shortly after Irma.
“Since Irma, the French authorities informed one of the tenants that they were looking the other way since Captain Oliver’s was destroyed. However, if we become operational again, they would be summoned to criminal court for not having French permits. After Irma, VROMI initially decided to allow us to do durable repairs so we wouldn’t be blown away by the next hurricane. However, we were unable to get that in writing.
“We did, however, get in writing from VROMI that ‘Because of the poignant situation [of Captain Oliver’s], I find it opportune to reconsider the previous decision.’ However, he did decide to uphold the previous decision and said that ‘a positive decision, however, regarding building in concrete will require further consideration.’ What about all this talk about BBB [Build Back Better]?
“Eventually I was able to get an appointment with the new Prime Minister Leona Romeo-Marlin. VROMI Minister Miklos Giterson was also present. They both informed me that it was President of the Collectivité Daniel Gibbs that would not allow us to do durable repairs and that I needed to ask for permits from the French side. When given those instructions I asked the Prime Minister: ‘Really? After 35 years you are now telling me to get French permits?’ I vividly recall her response: ‘Yes, I’m new here.’
“After being given these instructions, I first met with Préfète Sylvie Feucher and after with Daniel Gibbs. They reiterated that PM Romeo-Marlin agreed that I should get permits from the French government. They agreed to issue us the permits and explained the process to move forward. They also promised to protect us since the Dutch are doing nothing to protect us.
“So, at this point we were pleased that the Prime Minister and the Minister of VROMI gave me instructions to get French permits. Even though it would take a bit more time we would then not have to deal with the border issue, we could do durable repairs, and we would be protected.
“Before making any such official requests for permits from the French it was/is mandatory that I get those instructions in writing from the Dutch authorities. After all, Captain Oliver’s has been operating under Dutch authority for 36 years. I personally have absolutely no authority to ‘move the process on as a way of breaking the deadlock’ as the Préfète suggested.
“Despite many efforts, the St. Maarten Prime Minister did not respond to all requests for written instruction to ask for permits from the French side and also she does not give any reason why she will not provide us with written instructions. In addition, the representative of Foreign Affairs does not respond to our requests even though the Prime Minister said that she would keep me informed.
“The Netherlands, despite The Hague authorities seeking clarity on the border issue, are basically denying knowledge of the French intrusions that have prevented us from operating our business. The local government is now simply of the opinion that St. Maarten government is not responsible for French actions that are ‘undermining good neighbourliness.’
“Since I was unable to get anything in writing from the St. Maarten Government, I sought the help from the French government, who by the way, did not hesitate to meet with me. I was in the hopes that they would allow us, in the sake of cooperation between both sides of the island, to do repairs under the permits that we have from the Dutch government until the border dispute is resolved.
“They reiterated that I had to get permits from them or else they would arrest me again. They said it was up to me to ask for French permits and they don’t understand why I am hesitant to do so. Without written instructions from the Dutch that is simply not possible. The Préfète did acknowledge to The Daily Herald that the situation is delicate and complicated.
“Due to this border dispute many people have been deprived of their livelihoods. Given that Captain Oliver’s is being denied the right to repair, it is a constant reminder of the devastation that has been inflicted on this island due to Irma.
“Prior to Irma, tourists would take pictures of Captain Oliver’s charming French/Dutch resort. Ever since Irma they now take pictures of the sorrowful wreckage on the island that cannot be restored to its former glory because of what is referred to as an ‘ongoing decades- old border dispute.’
“I have more than 1,000 pages documenting this horrid ordeal that I have endured that not only had detrimental effects on me but on many other individuals, families and businesses that are still suffering the ill-effects. It is inconceivable that this has not come to a resolution after all these years. I am a victim trapped in the middle of this conflict and I feel like a pawn. It is an injustice to say the least. The former French prosecutor even referred to it as harassment and an injustice.
“The whole community of Oyster Pond is suffering because of this dispute. Captain Oliver’s is considered the heartbeat of Oyster Pond. This used to be a thriving community and is now pretty much a ghost town here without it. You would think that both sides of the island would do everything they can to get it operational again. This island relies on tourism and Captain Oliver’s has always had a positive impact on that.
“Referring to articles in The Daily Herald, [Tourism, Economic Affairs, Transport and Telecommunication] TEATT Minister Stuart Johnson stated: ‘The yachting industry contributes significantly to the island’s economy and is crucial to the government’s promise of providing a sustainable living for the people. The industry must be protected…’
“Marine industry veteran Robbie Ferron stated, ‘The Oyster Pond capacity reduction is the largest negative impact.’
“I wholeheartedly agree with both of them.
“Prime Minister Romeo-Marlin stated, ‘St. Maarten regrets the fact that the discussions on the border demarcation in Oyster Pond have affected the operations of [Captain Oliver’s] restaurant and marina and does its utmost best to resolve this situation.’ St. Maarten’s utmost best? What a crying shame.”
Shurtleff has commended Member of the Dutch Parliament Ronald van Raak (SP) for pressing State Secretary of Kingdom Relations Raymond Knops for clarification on the border dispute via several written questions.
Source: The Daily Herald https://www.thedailyherald.sx/islands/89661-maggi-shurtleff-i-m-the-victim-trapped-in-the-middle-of-an-endless-border-conflict
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