WILLEMSTAD – The "National Ordinance on Air Quality Standards Curaçao" has been partially enacted as of January 1, following an official decree published on December 30. However, critical components of the law remain inactive, raising concerns about its effectiveness.
The government decree specifies which sections of the ordinance are now in effect. Key provisions, such as the establishment of an air quality monitoring network, have yet to be implemented. Meanwhile, penalties and fines for exceeding air quality thresholds are enforceable. This discrepancy creates a loophole, as fines cannot be imposed without the data to confirm violations.
Monitoring Network and Evaluation Delayed
The ordinance outlines the need for a monitoring network to collect and assess air quality data, ensuring compliance with established thresholds and alarm levels. This provision, however, has not yet been activated. Similarly, the methods for measuring and calculating air quality, which are essential for evaluating compliance, remain undefined.
The law states that these methodologies must be established through a separate government decree, including guidelines on how and when air quality assessments should occur. Without these measures, there is no standardized system to evaluate or enforce the air quality standards.
Additionally, the clause requiring the Minister of Health, Environment, and Nature (GMN) to report to Parliament every five years on the law's effectiveness is also not yet in force.
A Fragmented Start
While the partial enactment of the air quality ordinance introduces legal mechanisms for addressing air pollution, its practical implementation is hindered by the absence of essential tools and frameworks. This fragmented approach has drawn criticism from environmental advocates, who argue that effective air quality management requires a fully operational monitoring and evaluation system.
As Curaçao moves toward better environmental governance, the government faces increasing pressure to ensure that all provisions of the ordinance are brought into effect promptly. For now, the enforcement of penalties without a monitoring system leaves an incomplete solution to the island's air quality challenges.