ACP-SXM: The missing decree is a reason to pass social tariff legislation, not to delay it

GREAT BAY--The Association for Consumer Protection St. Maarten, ACP-SXM, is calling on Parliament to move forward with proposed social tariff legislation, arguing that government’s inability to produce a valid national decree establishing NV GEBE’s current electricity tariffs is a reason to act, not a basis for further delay.

The organization said President of Parliament MP Sarah Wescot-Williams has publicly confirmed what ACP-SXM has documented for several months: government has not produced a valid national decree establishing GEBE’s current electricity tariffs or authorizing the fuel clause applied to consumers’ bills.

“Consumers cannot be asked to keep paying under a tariff structure that even Parliament cannot get government to document. The social tariff law should be tabled, and the Ad Hoc GEBE Committee approved back in January should either be doing its work or Parliament should tell the public why it isn’t. Government should answer for the missing paperwork, in public,” ACP-SXM President drs. Peggy-Ann Richardson said.

Wescot-Williams has indicated that she is awaiting an investigation by the Bureau Telecommunications and Post, BTP, before tabling her draft social tariff amendment. ACP-SXM said the scope and timeline of that investigation remain undefined.

According to ACP-SXM, waiting on the BTP review is an administrative decision rather than a legal requirement and should not prevent Parliament from advancing legislation intended to protect vulnerable consumers.

The organization pointed to Article 85 of the Constitution, which gives Parliament the right to initiate legislation. One or more Members of Parliament may draft and submit a national ordinance directly, while Parliament’s published procedures state that a member-initiated bill proceeds to the Council of Advice without having to wait on government.

ACP-SXM also cited Article 108 of the Constitution, which requires licenses for public utility companies, including tariff and concession conditions, to be granted by national decree.

The organization said the apparent absence of such a decree is not a minor technical issue, as it places the legal basis of the present tariff structure in question.

ACP-SXM further noted that Article 64 of the Constitution gives Parliament its own right of inquiry, including the power to summon witnesses and compel the production of documents. It described this as a formal alternative available to Parliament instead of waiting indefinitely for an internal government review of uncertain scope.

The consumer organization said continued delay has direct consequences for households.

Consumers continue to pay under a tariff structure whose legal basis government has been unable to document, ACP-SXM said. Vulnerable households and institutions such as schools also have no legally established right to reduced rates, leaving any relief dependent on discretionary decisions rather than legislation.

The fuel clause also continues to be applied without confirmed legal authorization, according to the organization.

ACP-SXM is therefore urging Parliament to table the social tariff amendment using flexible, formula-based mechanisms that do not depend on a decree whose existence remains uncertain.

The organization also wants Parliament to place on record that government has failed, despite formal requests, to produce the legal instruments supporting the current tariff structure.

ACP-SXM raised a second concern involving the proposed ad hoc parliamentary committee on GEBE, sustainability, and affordable electricity and water.

On January 30, 2026, the Committee of Petitions, chaired by Wescot-Williams, approved without objection a draft proposal to establish the committee.

The proposal was forwarded to the Central Committee for further handling, with Parliament expected to appoint members and elect a chair and vice-chair.

On February 9, 2026, the Central Committee considered the matter and agreed only in principle to proceed. The membership and composition of the proposed committee were left unresolved for further refinement before the matter could be brought to a public meeting for formal approval.

Nearly six months later, ACP-SXM said the ad hoc committee has not been formally established or staffed and has therefore not begun substantive work.

The organization also noted that when Parliament convened an urgent public meeting on GEBE accountability on June 12, 2026, the ad hoc committee was not included on the agenda.

That meeting addressed the status of promised consumer relief measures and the composition and mandate of the GEBE Supervisory Board.

ACP-SXM is calling on the President of Parliament to publicly clarify whether the ad hoc GEBE committee has been appointed, who has been selected to chair it, and when it will begin the hearings, work visits and stakeholder consultations outlined in the original proposal.

The organization said consumers should not be left wondering whether a parliamentary initiative approved without objection has quietly stalled.

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