Judge gives Government five weeks to seek solution with ABC and tour operators

ORANJESTAD — The Court of First Instance has postponed the case concerning access to and protection of Aruba’s north coast for five weeks, on the explicit condition that the Government of Aruba sit down with Aruba Birdlife Conservation (ABC) and seek a solution that also takes into account the interests of tour operators and the Aruban community. The case is scheduled to continue on Wednesday, October 15, 2026, at 2:00 p.m.

In his decision of September 9, Judge A.H.M. van de Leur stated that several different interests must be balanced. ABC is defending the protection of flora and fauna in legally designated natural areas, while tour operators have an interest in continuing a way of operating that has been tolerated for years. The Government, for its part, has a legal and policy obligation to protect nature, but must also take into account the interests of the sector and Aruba’s broader public interest.

According to the Court, precisely because of these competing interests, it is not unreasonable to give the parties another opportunity to reach a solution. However, the postponement comes with an important condition: the Government must still today set a date and time within the coming week to meet with ABC, as the claimant in the case, and if necessary hold more than one meeting.

The aim of those meetings is to reach a solution that is “reasonable and workable” for the parties, the tour operators and Aruba’s general public interest. The Court made clear that all sides must contribute seriously to the process, otherwise the prospect of reaching such a solution would be merely illusory.

The judge also put pressure on the Government: if the Court concludes that the Government has not sufficiently complied with the condition to engage in dialogue with ABC, the case will be heard again on a much shorter timetable, in principle without the possibility of another postponement.

The decision now creates a five-week window for the Government, ABC and the sector to seek a compromise between nature protection and the continuation of economic activity on the north coast.