WILLEMSTAD – Even without detailed local legislation, Environmental Impact Assessments (EIAs) are legally required in many cases on Curaçao. That’s the assertion made by biologist and legal expert Jeff Sybesma, who argues in an opinion piece that the obligation arises from international treaties, existing national ordinances, and court rulings.
An EIA is a study of the environmental consequences of a planned project, conducted before the project begins. Its purpose is to prevent harm to nature and the living environment. While Curaçao still lacks specific legislation governing EIAs, Sybesma emphasizes that this does not relieve the government of its legal responsibility.
“Authorities cannot hide behind the absence of formal rules,” Sybesma states.
International and Local Legal Foundations
The most important legal basis cited is the National Ordinance on Nature Conservation and Management (LvGNat), which—through the SPAW Protocol of the Cartagena Convention—protects endangered species and ecosystems. This protocol requires prior environmental assessments for any project that could negatively impact such species or habitats, including an evaluation of cumulative effects.
Sybesma further notes that other existing laws also implicitly mandate EIAs. For instance, the Maritime Management Ordinance and the Nuisance Ordinance of 1994. The latter even includes a clause allowing the government to designate certain activities as requiring an EIA, though no such designation has been formally made to date.
Supported by Case Law
Sybesma refers to the 2020 Isla Refinery case, in which the court ruled that international standards—such as those of the World Health Organization (WHO)—must be used when local standards are lacking. He argues the same principle applies to EIAs: where Curaçao lacks detailed procedures, international methodologies, like ISO standards or the Dutch EIA system, can and should be applied.
The European Convention on Human Rights (ECHR) also offers an additional safeguard, Sybesma explains. Serious environmental harm could be considered a violation of the right to life (Article 2) and the right to respect for private and family life (Article 8). European case law confirms that states have an obligation to protect citizens from such harm.
“A rushed restart of the Isla refinery, for example, without an EIA, could have criminal consequences for the government, RdK, and CORC,” he warns.
Enforceable by Citizens
Ultimately, Sybesma stresses that an EIA must be an integral part of the permitting process for large-scale or high-risk projects. Citizens and stakeholders can demand one through legal procedures, such as invoking the Public Access to Government Information Ordinance (LOB) or filing an administrative appeal (LAR) in court.
“An EIA is not only sound policy,” Sybesma concludes, “it is often a legal necessity.”
This call for proper environmental due diligence comes as large infrastructure and industrial projects continue to emerge on the island, placing increased scrutiny on how Curaçao balances economic development with environmental protection.
