For the second time in six months, the National Ombudsman raises the alarm about the illegal waste dump at Lagun on Bonaire. In an urgent letter to the House of Representatives, Ombudsman Reinier van Zutphen warns that the situation has become so serious that intervention by the Ministry of Infrastructure and Water Management (I&W) is necessary. On Thursday, the House will discuss the dossier again. The recurring fires at the waste dump lead to evacuations, exposure to health risks, stress, and great uncertainty among local residents.
Agreements Made Are Unacceptable
On Thursday, the House of Representatives will debate agreements with the Public Body Bonaire (OLB) regarding the approach to the waste dump. It is stipulated that the waste dump will still be tolerated for another two years. Van Zutphen calls these agreements completely unacceptable. According to him, tolerating the illegal waste dump is incompatible with the governments duty to protect the health and safety of citizens.
Investigation into Breach of Duty of Care
In September last year, after a visit to the waste dump, Van Zutphen already called for immediate closure. Since then, there have been three fires. This month, he is starting a formal investigation into the actions of the OLB, following a complaint from a local resident he spoke with. The ombudsman is investigating whether the OLB has breached its fundamental duty of care by insufficiently protecting citizens against serious health and safety risks.
Pattern of Inadequate Action
According to the ombudsman, the problems around the waste dump are not isolated. In December, he ruled that the OLB fell short in an illegal excavation of diabase in a residential area. This raw material is used for housing construction and road building on Bonaire. The excavations create deep pits, which are then used for illegal waste dumping, with risks to health and the environment as a result.
In that case, the OLB indicated it could not enforce due to lack of policy. According to Van Zutphen, this points to a broader pattern: a government aware of serious risks but shirking responsibility and sending citizens from pillar to post.
Lack of Capacity Is No Justification
The ombudsman acknowledges that the OLB is under pressure due to a broad range of tasks and limited capacity and expertise. Nevertheless, he is critical: The lack of people and resources may explain how a situation arises, but can never justify it. Insufficient manpower does not relieve the OLB of its duty of care.
Ministry Can No Longer Remain on the Sidelines
The right to a safe and healthy living environment is structurally violated, says Van Zutphen. According to him, the ministry can no longer hide behind the qualification island task. The responsibility for protecting this fundamental right in Caribbean Netherlands partly lies with the ministry; the ombudsman expects the State Secretary to intervene now.
In March, the ombudsman will visit Bonaire again and will speak with residents near the waste dump.