The coastline of Curaçao is changing faster than the policies meant to protect it. While the government is still working on a comprehensive beach policy, a permit application has already been submitted for the construction of a breakwater and a new artificial beach along Penstraat.
The request was filed by Ondine Curaçao B.V., but the situation reveals a deeper problem: a government that appears to be reacting after the fact rather than guiding development with clear rules.
Perhaps that is precisely the issue. When clear regulations are missing, nearly every project can be presented as an “exception.”
The application itself is not extraordinary. What raises concern is how the process is unfolding. According to the Landsverordening maritiem beheer, such permit requests must be formally published in two newspapers. Instead, the announcement surfaced primarily through social media.
Under the law, the public has only ten working days to review the documents and submit their views. There is no formal objection procedure and no guaranteed legal protection—only the opportunity to submit comments that the government is not even obliged to answer.
So the question becomes unavoidable: who is truly safeguarding the public interest along Curaçao’s coast?
The legal situation itself is complex. Under the Burgerlijk Wetboek van Curaçao, beaches bordering the sea are presumed to belong to the country. Any restriction on the public nature of those beaches generally requires authorization through legislation.
If a breakwater results in the creation of a new beach—effectively new land—one could argue that the Staten van Curaçao should play a role in the decision. Yet on this issue there has been little clarity from Charles Cooper.
And the legal hurdles do not end there. A permit under maritime management law must assess the potential effects on the marine environment, shipping safety and maritime archaeological heritage.
Because coral is likely present in the area, an exemption may also be required under the Rifbeheerverordening, which in turn requires scientific research before approval can be granted.
In other words, the legal pathway is complicated, but public communication about it has been remarkably limited.
The developer itself also remains largely out of view for the general public. According to the trade register, Ondine Curaçao B.V. operates as a real estate and project development company involved in property and construction projects. The company is leading a major investment project along Penstraat, with entities such as Peninvest B.V. and JSF Consultancy B.V. listed among its directors.
There is nothing unusual about private developers investing in coastal projects. But when a project directly alters a public coastline, both government and political leaders should be far more transparent about what is being built, where it will take place and under what conditions.
Yet the larger problem lies elsewhere.
Curaçao still lacks a clear and coherent coastal policy. That means developers can effectively operate project by project along the delicate boundary between land and sea, while the government decides afterward whether those developments are desirable.
Recent debates about projects in Zakito and elsewhere along the coast follow the same pattern: initiative first, policy later.
Ultimately, responsibility returns to the political arena. If the government does not establish a clear framework for coastal development, then Parliament must demand one.
The coastline is not just another piece of construction land. It is public domain with economic, ecological and social value.
Transparency about projects that reshape that coastline is not a favor to the public. It is a fundamental requirement of good governance.
Open government prevents distrust—and just as importantly, it prevents the legal battles that inevitably follow when decisions appear to be made behind closed doors.
Until that transparency exists, one question will continue to linger:
Is coastal policy in Curaçao being shaped in Parliament—or on the drawing boards of project developers?