Government needs more time to investigate violations

October 24, 2011 7:35 AM

The Court discussed the government’s request this morning to defer the implementation of the Isla-judgment of September 1st in which the judge decided the government had to maintain the nuisance permit for the refinery.

The government was given four weeks to inform the Isla in writing.

The letter was to be published in the media. At the last moment, a letter was indeed sent to the media but was withdrawn afterwards and rectified while the Isla stated they never received the letter officially. In the meantime, the Isla requested deferment of the verdict of September 1st, which the court granted. An appeal against the verdict of 1 September was possible and this was submitted at the last moment on 12 October.

In that request, the lawyer of the Ministry of Public Health writes the Ministry needs more time for a thorough investigation into the violations of the refinery before summoning the Isla to stop certain violations henceforth.

A period of four weeks is insufficient. It is common knowledge that the Department of Environment does not have any competent staff to conduct this investigation and supervise the observance. The Minister, (Jacinta Constancia, (editorial office)), feels she is cornered. On the one hand, there’s the penalty of millions if one does not comply with the verdict. However, if she summons the Isla rashly without conducting a thorough investigation, the refinery could hold her responsible because of a wrongful dead by the government.

Smoc, Stichting Schoon Milieu op Curaçao (Institute Clean Environment on Curaçao), also opposed the requests for deferment of the verdict this morning. “There is no legal, social or financial economic reason to tolerate the degrading situation and the refinery’s management any longer. It was proven that the Isla violates standards and other permit conditions and there is no question of adequate investigation proving the opposite. The Isla simply does not want to take any action but hands out mirrors and beads to the affected population. Last week, they proudly announced that residents inconvenienced the most by the Isla emission, could make use of the Isla-hospital from now on!”

Smoc lodged an appeal against the verdict as well; amongst others, because they believe the summons should be linked to a governmental obligation or a burden under penalty. The judgment offers the possibility of an insufficient interpretation (without notification of governmental obligation and/or burden under penalty).

Smoc has been waging a fight against the violations of the refinery for six years now. Within six weeks or perhaps sooner, the Court will pronounce judgment on the requests for deferment.

17 October 2011