Court postpones off-road case; ABC and tour operators must meet with government

ORANJESTAD — Despite objections from Aruba Birdlife Conservation (ABC), the Court of First Instance has granted the government’s request to postpone the case concerning motorized traffic in natural areas once again. The hearing, previously scheduled for October 15, will now take place on Thursday, November 12, 2026, at 2:30 p.m.

In his October 14 decision, Judge A.H.M. van de Leur states that the postponement is justified given the significant interests of the parties, those seeking to participate in the proceedings and the wider Aruban community.

The judge also gives weight to the government’s intention to continue out-of-court discussions jointly with ABC and one representative of the tour operators.

In principle, no further postponement

The court places a limit on the additional time. According to the decision, the hearing is postponed “in principle, without the possibility of a further postponement.”

The new date takes account of the judge’s schedule and the dates on which FPNA indicated it was unavailable. The previously established conditions for the postponement remain applicable.

Van de Leur also expects ABC and one tour operator representative to accept the government’s first invitation, and potentially further invitations, to participate together in constructive discussions.

Decision follows strong opposition from ABC

The decision follows a letter from attorney G.W. Rep previously covered by Noticiacla. In that letter, ABC rejected a further postponement, arguing that discussions with the government had not produced an adequate proposal to protect natural areas.

Rep wrote: “There is no reason for a further postponement to give the parties an opportunity to sit down together.”

The attorney also maintained that the court had previously asked ABC to meet with the government, rather than tour operators. He cited threats against Greg Peterson and his family as a reason why Peterson did not wish to participate voluntarily in discussions with the group mentioned.

In the new decision, however, the judge clearly states his expectation that ABC and one tour operator representative meet with the government simultaneously.

Nature protection dispute remains unresolved

ABC has presented a proposal combining the closure of certain areas with temporary, conditional UTV access in other zones. The foundation also maintains that advice from DOW, DIP and DNM supports protecting sensitive areas and using alternative routes.

The October 14 decision does not determine whether ABC’s allegations against Minister Herdé are correct, nor does it settle which areas should remain open or closed. It is a procedural decision allowing more time for dialogue, while the underlying dispute remains pending.