Front cover of the 2024 year report of the Ombudsman.
PHILIPSBURG--The ombudsman has published its 2024 Annual Report, offering a sobering assessment of persistent governance failures.
The report highlights structural deficiencies in government responsiveness, oversight, and enforcement, and renews urgent calls for accountability, continuity in leadership, and stronger protection of citizens’ rights.
The report follows a year in which St. Maarten held two parliamentary elections – in January and August – bringing the total to six national elections since 2010 and resulting in the formation of the 12th cabinet in just 14 years.
“This level of instability is not without consequences,” Ombudsman Gwendolien Mossel warned. “Continuity in government is essential to ensure public trust, responsive service delivery, and accountability. In its absence, democratic institutions such as the ombudsman’s office face delays, unresponsiveness, and weakened engagement from both citizens and ministries.”
Decline in complaints
In 2024, the ombudsman recorded 270 complaints, a significant decline from 367 in 2023. Of these, 228 were handled at the Information Window stage, requiring no further action, while 42 proceeded to full investigation. According to the report, the drop reflects a growing reluctance among citizens to file complaints under interim governments, with many preferring to wait for a fully mandated cabinet.
Although government is expected to function uninterrupted, the ombudsman notes that political turnover in 2024 resulted in delayed responses and stalled investigations, particularly within ministries already prone to inefficiency. By year’s end, 28 cases from 2020-2024 remained open.
Despite these obstacles, the bureau closed a total of 48 cases in 2024: 25 from 2024 (19 of which were closed in the intervention stage), 17 from 2023, and six from 2020-2022. Intervention-stage closures indicate that the administrative body responded within the required timeframe, allowing the ombudsman to conclude the matter without launching a full investigation – an encouraging sign of internal responsiveness in some instances.
Top offenders
As in previous years, the Ministries of Public Housing, Spatial Planning, Environment and Infrastructure VROMI and the Ministry of Justice generated the highest number of complaints. In 2024, both ministries were the subject of nine full investigations each.
Of the nine VROMI-related cases, five involved the Department of Domain Affairs, three the Inspectorate, and two the Permits Department. Alarmingly, many cases concluded without any substantive response from the ministry – highlighting what the ombudsman describes as not only negligence but also a lack of capacity.
“A lack of human and financial resources severely hampers the functioning of several ministries, especially VROMI,” Mossel emphasised.
Within the Justice Ministry, two cases were personally directed at the minister, including one in which the ministry failed to execute a court ruling requiring the transfer of an inmate to Bonaire for medical treatment – an incident the ombudsman deemed a violation of the individual’s fundamental rights.
Other key complaint areas included Immigration and Border Protection Services (four cases); the Police Force of St. Maarten, KPSM (three cases), including non-functional complaint mechanisms; the Ministry of Public Health, Social Development and Labor VSA (four cases), each involving different departments; the Ministries of Education, Culture, Youth and Sport (ECYS) and General Affairs (four cases each), largely HR-related; and the Ministries of Tourism, Economic Affairs, Transport and Telecommunication TEATT and Finance (four and three cases, respectively), all of which were resolved in the intervention stage.
The ombudsman measures government behaviour against standards of propriety. In 2024, the most frequently violated standards were adequate organisation of services (22 cases), promptness (18), and active and adequate information provision (12).
The report notes that these failures stem from poor internal processes, outdated information systems, lack of accessibility, and neglect in responding to citizen enquiries. In some cases, responses to letters were delayed or never issued, undermining both transparency and fairness.
Ninety-six recommendations
A total of 96 recommendations were issued in 2024. The ombudsman reminded administrative bodies that, under Article 16(6) of the National Ordinance Ombudsman, they are legally required to either implement the recommendations or provide a substantiated reason for noncompliance. Agencies are given three months to submit a status update on corrective actions taken, but the report notes continued inconsistency in this area.
“The ombudsman is here not only to hold government accountable but to serve as a partner in good governance,” Mossel said. “Our reports are tools for improvement, informed by the voices of the people we serve.”
Case spotlight
A detailed investigation, launched in response to a 2020 complaint against a garage operating in a residential area, exposed systemic failures within VROMI and related ministries. The garage operated without the proper hindrance permit, generating noise and chemical odour complaints from residents. Despite repeated objections and follow-up letters, VROMI allowed the operations to continue unchecked.
The ombudsman found failures to respond to objections, procedural violations under the “Hindrance National Ordinance”, inadequate inspections (including advance notice to the business), and a lack of inter-ministerial enforcement.
The investigation concluded that VROMI violated the standards of promptness, adequate organisation, cooperation, and fair play. Recommendations included issuing a formal response to the objection within one month, improving coordination between VROMI and TEATT, establishing transparent procedures for issuing permits, conducting joint enforcement controls, and providing regular updates on zoning and enforcement tools. The final report was issued on April 24, 2024, with a three-month deadline for a status update. As of July 2025, the ombudsman had not received any response from the ministry.
Ministerial accountability
The 2024 Annual Report paints a sobering picture of St. Maarten’s institutional vulnerabilities. While some agencies demonstrated signs of improved responsiveness, broader trends remain troubling: delayed decisions, opaque procedures, and a lack of political and administrative will to implement reforms.
The ombudsman concludes that ensuring ministerial accountability and enforcing propriety standards are essential to rebuilding public trust and delivering justice and services to all citizens.
https://www.thedailyherald.sx/islands/ombudsman-s-report-exposes-deepening-governance-failures
