WILLEMSTAD - The Minister of Traffic, Transport and Spatial Planning must issue a formal decision within one month regarding an enforcement request filed by residents over alleged environmental and permit violations at the Zakitó project on the Helmin Wiels Boulevard. That is the ruling of the Court of First Instance of Curaçao.
According to the judgment, the ministry failed to respond to the request submitted on July 14 by residents organized under Movimentu Save Zakitó, a citizens’ group advocating for environmental protection in the area. The group had raised concerns about unauthorized construction, excessive building heights, dredging without permits, and damage to mangroves, coral reefs, and water circulation within the lagoon.
Residents allege loss of access and ecological damage
The residents also argued that fishermen and nearby communities are losing access to the lagoon, while their quality of life is deteriorating. They further criticized the government’s 100-meter zoning rule, claiming it excludes affected citizens from participating in legal objection procedures.
In their petition, the residents demanded an independent investigation, public disclosure of environmental reports, and strict enforcement of existing regulations.
Court recognizes residents’ standing
The minister’s legal team argued that the Movimentu Save Zakitó group lacks legal personality and therefore cannot file a formal complaint. However, the court ruled that while the organization itself cannot act as a legal party, its individual members are recognized as interested parties and must be formally considered by the minister during the decision-making process.
Minister’s inaction deemed unlawful
Because the ministry failed to respond within a reasonable timeframe, the court concluded that the minister’s failure to act constitutes an unlawful refusal to decide. As a result, the court ordered the minister to make a formal decision within one month.
A request by residents for an immediate construction halt was denied, but the court did order the ministry to reimburse the residents’ court fee of 150 guilders.
The ruling is a significant development in the ongoing dispute surrounding the Zakitó coastal development project, which has sparked public outcry and environmental concerns about the future of one of Curaçao’s last urban mangrove ecosystems.
