Dear Minister Moes,
On behalf of the Human Rights Organization of Bonaire, we hereby submit this letter as a formal follow-up to our complaint dated June 10, 2025, addressed to the Minister of Education, Culture and Science (OCW) in Kralendijk, as well as to subsequent communications regarding this same matter. To date, the concerns raised remain unresolved.
This complaint refers to persistent practices in secondary education in Bonaire that amount to discrimination on the basis of language and constitute a violation of the fundamental human rights of local children, particularly in the context of examinations conducted exclusively in Dutch.
It has come to our attention that students whose mother tongue is Papiamentu, and not Dutch, are not systematically granted additional time during examinations, despite facing a clear structural linguistic disadvantage. This practice undermines the right to equal educational opportunity and is incompatible with the international obligations of the Netherlands under the United Nations framework.
Article 28 of the UN Convention on the Rights of the Child states that every child has the right to education and equal opportunity. Article 2 explicitly prohibits discrimination on the grounds of language. These obligations require not only access to education, but effective and meaningful access, including the removal of barriers that prevent children from fully demonstrating their knowledge and abilities.
Furthermore, Article 13 of the International Covenant on Economic, Social and Cultural Rights obliges the State — in this case the Netherlands — to guarantee that education is accessible to all without discrimination. The UNESCO Convention against Discrimination in Education (1960) additionally requires States — again, the Netherlands in this case — to eliminate educational practices that have discriminatory effects, including indirect discrimination caused by linguistic barriers.
While international human rights instruments may not explicitly prescribe specific adaptations such as additional examination time, it is well established that equal treatment does not mean identical treatment. Where students face structural disadvantages due to language, the State must adopt appropriate and reasonable measures to ensure equality in practice. Granting additional examination time to students whose mother tongue is not the language of assessment is a proportionate and widely accepted measure to address this disadvantage.
We are particularly concerned by repeated statements from school management asserting that decisions regarding additional examination time fall under the competence of OCW CN. This assertion is incorrect. We have been in direct contact with OCW CN, which confirmed that its mandate does not extend to examination practices within educational institutions. This distortion of responsibility creates confusion, minimizes accountability, and results in the denial of students’ human rights.
It is crucial to emphasize that the problem does not stem from a lack of knowledge or intellectual capacity. According to the affected students themselves, the difficulty lies in fully understanding how examination questions are formulated in Dutch. They require additional time to properly process and comprehend what is being asked. This is not compensation for academic deficiency.
In the recent past, when Dutch-speaking teachers who also spoke Papiamentu were present during examinations, confusing questions were clarified in Papiamentu, thus ensuring fair treatment and equal opportunity. Currently, examinations are supervised by individuals who do not understand Papiamentu at all, leaving students without any linguistic support in examination settings that determine their future.
We are also deeply concerned about the continued practice of providing essential information — such as norms, procedures and examination regulations — exclusively in Dutch. This constitutes indirect discrimination. Students and parents in Bonaire have the right to receive official information in Papiamentu through written and digital official documents, rather than relying on informal or potentially inaccurate third-party translations. The ability to independently understand one’s rights and obligations is fundamental, especially for children.
The consequences of these practices are severe. Students experience emotional distress and loss of self-confidence. We have been informed of cases where students were repeatedly told they were not sufficiently intelligent to continue at HAVO level. Such statements are deeply harmful and unjust, particularly when the barrier is linguistic rather than intellectual. This is incompatible with the principle of the best interests of the child, enshrined in Article 3 of the Convention on the Rights of the Child, which must guide all decisions affecting children.
In light of the above, we formally request that the Ministry of Education, Culture and Science:
- Clarify and implement compliance with the right to examination accommodations, including additional time, for all students in Bonaire whose mother tongue is not Dutch.
- Ensure transparency and accountability regarding responsibility for examination practices within educational institutions.
- Guarantee access to official examination standards, procedures and essential educational information in Papiamentu, in both written and digital formats.
- Address and remedy linguistic discrimination and exclusion within Bonaire’s education system in accordance with international human rights obligations.
Equal access to education is not a favor. It is a legal obligation and a fundamental human right. We trust that you will give this matter the serious consideration it requires and we look forward to your written response, including concrete measures to guarantee dignity, equality and justice for the children of Bonaire