“TRIAS POLITICA”

Politics of Aruba

Government

Part of the Kingdom of the Netherlands, Aruba has full autonomy on all internal affairs with the exception of defense, foreign affairs, and the Supreme Court. The constitution was enacted in January 1986. Executive power rests with a governor while a prime minister heads an eight-member Cabinet. The governor general is appointed for a 6-year term by the monarch, and the prime minister and deputy prime minister are elected by the Staten for 4-year terms. The legislature or Staten is made up of 21 members elected by direct, popular vote to serve 4-year terms. Aruba's judicial system, which has mainly been derived from the Dutch system, operates independently of the legislature and the executive. Jurisdiction, including appeal, lies with the Common Court of Justice of Aruba and the Supreme Court of Justice in the Netherlands.

Political conditions

In September 2001, the opposition party MEP won a decisive victory in a free election, taking 12 of 21 seats to form Aruba's first one-party government 2001-2005 since 1 January 1986. And 23 September 2005 MEP party won a decisive victory in a free election, taking 11 of the 21 seats to form a new one party government 2005-2009.

Country name:
conventional long form: none
conventional short form: Aruba

Dependency status: part of the Kingdom of the Netherlands; full autonomy in internal affairs obtained in 1986 upon separation from the Netherlands Antilles; Dutch Government responsible for defense and foreign affairs and the Supreme Court.

Government type: “Trias Politica” Parliamentary Democracy

Capital: Oranjestad

Administrative divisions: none (part of the Kingdom of the Netherlands)

Independence: none (part of the Kingdom of the Netherlands)

National holiday: Flag Day, 18 March

Constitution: 1 January 1986

Legal system: based on Dutch civil law system, with some English common law influence

Suffrage: 18 years of age; universal

Separation of powers

Separation of powers (also: Trias Politica) is the doctrine that each branch of government should be separate and have unique powers with which the other branches of government may not interfere.

The concept of the separation of powers finds its first ancestry in Aristotle, with refinements in the 17th and 18th centuries by, amongst others, James Harrington and John Locke. The most important work however, is that of Montesquieu. Montesquieu's writings and criticism on the then French monarchy led him to come up with the concept of the separation of powers, invoked by many constitutional writers since, and still in use today. The branches named by Montesquieu are:

• The legislative branch: responsible for making the law.
• The executive branch: responsible for ensuring that the law is carried out.
• The judicial branch: responsible for interpreting the law.

Legislative branch:
Unicameral Legislature or Staten (21 seats; members elected by direct, popular vote to serve four-year terms) election results: Seats by party - MEP 11 seats, AVP 8. seats,  MPA 1 seat, RED 1 seat, PPA 0 seat, OLA 0 seats, Aliansa/MSA 0 seats, PDR 0 seats, LPP/SB 0 seat.
elections: last held 23 September 2005 (next to be held 18 September 2009)

Executive branch:

chief of state: Queen Beatrix of the Netherlands (since 30 April 1980), represented by Governor General Fredies Refunjol (since 1 May 2005)
head of government: Prime Minister Nelson O. ODUBER (since 30 October 2001); Deputy Prime Minister Mrs. Marisol Lopez-Tromp

Cabinet: Council of Ministers (elected by the Staten)
election results: Nelson O. ODUBER elected prime minister; legislative vote – 4908 in 2001 and  4804 in 2005.
chief of state: The monarch is hereditary; governor general appointed for a six-year term by the monarch; prime minister and deputy prime minister elected by the Staten for four-year terms; election last held 23 September 2005 (next to be held 23 September 2005)

Judicial branch:

Common Court of Justice of Aruba, Joint High Common Court of Justice Aruba and Netherlands Antilles, and the Supreme Court of Justice in the Netherlands. (Judges are appointed by the Monarch)

In 2005 elections Political parties and leaders: 1.Aruban Democratic Alliance and Aruba Socialist Movement or Aliansa / MSA [Robert WEVER / Leo YARZAGARAY]; 2.RED Democratic [Father Dr.Armando (Rudy) LAMPE]; 3.Aruban Liberal Party or OLA [Glenbert CROES]; 4.Aruban Patriotic Party or PPA [Benny NISBET]; 5.Aruban People's Party or AVP [Mr.Michiel G (Mike). EMAN]; 6.Real Democratic Party or PDR [Mr. Andin BIKKER]; 7.People's Electoral Movement or MEP [Nelson O. ODUBER]; 8.Aruban Patriotic Movement or MPA [Mr.Monica ARENDS-KOCK]; 9. Labour Politic Platform and .Sunnum Bonum or PPT / SB [Gregorio WOLFF / Cornelis WILSON];

Political pressure groups and leaders: NA

International organization participation: Caricom (observer), ECLAC (associate), Interpol, IOC, UNESCO (associate), WCL, WToO (associate)

Aruba and The Netherlands Antilles

The administrative relationship between the Netherlands and the Netherlands Antilles and Aruba is governed by the Charter for the Kingdom of the Netherlands. The Charter, which was drawn up in 1954, is the highest constitutional instrument, even taking precedence over the Constitution. It states that the Netherlands, the Netherlands Antilles and Aruba are equal partners in the Kingdom, which may be regarded as a kind of federation. Each of these partners runs its own affairs, except as relates to a number of issues known as ‘Kingdom affairs’.

Kingdom affairs include the defence of the Kingdom and the maintenance of its independence, foreign relations, human rights and fundamental freedoms, legal certainty, the quality of public administration, and oversight of the rules on citizenship, extradition, and the admission or expulsion of foreign nationals. These matters are regulated by Kingdom-wide legislation, applying to all three partner countries. Treaties are concluded on behalf of the Kingdom as a whole, but may not necessarily apply to all partner countries. Partner countries are only involved in the conclusion of treaties that affect them. It is up to them to decide whether this is the case.

The monarch is the head of state of the Kingdom and of each of the three partner countries. The Netherlands Antilles (comprising Bonaire, Curaçao, Saba, St Eustatius and St Maarten) and Aruba each have a governor representing the monarch. One important Kingdom-wide institution is the Council of Ministers for the Kingdom, which consists of the Dutch cabinet and ministers plenipotentiary for the Netherlands Antilles and Aruba. Kingdom-wide legislation is proposed by the government of the Kingdom (consisting of the monarch and the Council of Ministers for the Kingdom) and passed by the Dutch parliament (the ‘States General). There are two other Kingdom-wide institutions: the Council of State for the Kingdom and the Supreme Court of the Kingdom.

The Charter provides that the constitutions of the Netherlands, Aruba and the Netherlands Antilles must serve as the basis for their respective systems of government.

Shucander.