The Integrity Chamber submitted an advice to the Government of St. Maarten in response to a request for advice concerning possible conflicts of interest in the recommendation and appointment of a candidate member to the Council of Advice.
Conflicts of interest develop when an individual’s personal, financial, relational or other interests become incompatible with their duty to serve the public interest. Whether real or perceived, this can undermine trust in the individual’s or organization’s objectivity and impartiality.
In the request, the Integrity Chamber was asked to provide advice on whether the recommendation, as regulated in Article 3 of the National Ordinance of the Council of Advice, should be seen as a binding recommendation and whether membership to the Council is compatible with regularly performing tasks for the Government of Sint Maarten.
Following a review of the applicable legislative framework, the Integrity Chamber determined the following.
- The Council of Advice takes an active lead in nominating their candidate-members, providing explicit positive advice in their recommendation. While this is not a binding recommendation, there must be compelling reasons to deviate from this advice, especially given the Council’s high status and role in Sint Maarten’s democracy.
- Based on the National Ordinance of the Council of Advice, the Council has the authority and responsibility to assess and nominate candidates based on the applicable legislation and regulations, as well as any additional requirements and criteria established by the Council, such as, an assessment of ancillary activities, relationships, other connections, and the public perception of the candidate-member. This assessment ensures that the candidate chosen is the right fit the position.
The Chamber further recommended general measures to mitigate actual and perceived conflicts of interest.
These recommendations include:
- Establish and communicate clear conflicts of interest policies.
- Require individuals to disclose potential conflicts of interests i.e. financial interests, personal relationships, ancillary activities etc.
- Provide regular training and awareness sessions on recognizing and managing conflicts of interest.
- Ensure compliance with established conflict of interest policies.
- Ensure recusal or resignation of members when there are potential conflicts of interests.
- Implement reporting systems where conflicts of interest can be reported.
The Integrity Chamber believes that implementing the measures proposed will aid in the prevention and management of conflicts of interest in the public sector.
This remains crucial in helping the government strengthen public integrity and maintain the trust of the public and stakeholders.
The full advice is available for public via www.integritychamber.sx/publications
