WILLEMSTAD – Curaçao's Ombudsman has concluded that the Inspectorate for Public Health acted improperly by failing to provide a substantive response for nearly 18 months to a complaint alleging the unauthorized use of the protected title of occupational physician.
In a report, Ombudsman Keursly Concincion called the delay unreasonable and has urged the Minister of Health, Environment and Nature (GMN) to instruct the Inspectorate to respond to the complaint within six weeks.
The complaint was filed on November 26, 2024, by an occupational health service provider. According to the complainant, individuals who do not possess the legally required qualifications have been offering services as occupational physicians while using the protected professional title.
The complainant argued that the alleged practice not only creates unfair competition within the occupational health sector but could also pose risks to the health and safety of employees who rely on professional medical advice.
The Ombudsman emphasized that his investigation did not assess whether the allegations themselves are true. Instead, the report focused on the government's handling of the complaint.
According to the findings, the Inspectorate acknowledged receipt of the complaint in March 2025 but failed to provide any substantive response afterward. The complainant reportedly sent several follow-up reminders by email and WhatsApp, but none received a reply.
During the Ombudsman's investigation, the Ministry of Health also failed to respond to requests for information, reminder letters or the Ombudsman's preliminary findings.
Because the ministry did not dispute the factual account presented by the complainant, the Ombudsman stated that those facts were accepted as established for the purpose of the investigation.
Concincion concluded that the Inspectorate's handling of the complaint violated the government's obligation to act diligently and within a reasonable timeframe.
He further noted that, regardless of whether the allegations ultimately prove to be correct, the unauthorized use of the legally protected title of occupational physician could have significant consequences for a large number of citizens.
"The length of time taken to handle this complaint is unreasonable," the Ombudsman concluded, adding that public authorities have a duty to deal with complaints promptly and carefully.
The report recommends that the Minister of Health instruct the Inspectorate for Public Health to provide a substantive response to the complainant within six weeks of the report's date.
The Ombudsman's report is dated May 19 and was made public on June 17.
The case highlights broader concerns about administrative responsiveness within government agencies and underscores the Ombudsman's role in ensuring that public institutions fulfill their legal obligations to citizens and organizations seeking official action.