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Government requests court postponement of lawsuit filed by Aruba Birdlife Conservation

A Manda Carta

The Government of Aruba has fulfilled its commitment to UTV/ATV guides and operators to create more space for dialogue and seek a solution before the pending case goes before a judge. Minister of Housing, Infrastructure, Internal Services, and Telecommunications René Herdé confirmed that the Government formally requested the Court to postpone the summary proceedings (kort geding) initiated by Aruba Birdlife Conservation (ABC).

The request follows the dialogue the Government held in recent days with UTV/ATV guides and operators, who expressed concerns regarding the continuity of their activities and employment.

According to Minister Herdé, the Government takes these concerns seriously. The goal is not to pit economic activity against nature protection, but rather to find a way for both to coexist within an organized and legal framework.

“We want a solution where operators can continue to function in an organized and legal manner, but with the same responsibility to protect our environment and nature. If we cooperate with each other, we can find that balance,” Herdé stated.

Commitment to the sector fulfilled During talks with the sector, Prime Minister Mike Eman and Minister Herdé indicated that the Government would make an effort to create additional room for negotiations before the case moves forward in Court.

According to Herdé, the Government has now kept its word. Formal information from the Government’s legal counsel confirms that a request was submitted to the Court of First Instance (Gerecht in Eerste Aanleg) to postpone the summary proceedings. The case, brought by ABC against the Country of Aruba (Land Aruba) and FPNA, is currently scheduled for Thursday, September 10, 2026, at 10:00 AM.

As part of the procedure, the Court asked the other parties to state their position regarding the request. Fundacion Parke Nacional Arikok (FPNA) indicated no objection to the postponement, while ABC indicated an objection. At the time the attorney’s letter was issued, formal responses had not yet been presented to the Court.

Preference for agreement over confrontation Minister Herdé reiterated that the Government’s preference is for the parties themselves to reach a solution rather than letting the Court determine the outcome. Therefore, the invitation to Aruba Birdlife Conservation to come to the negotiating table remains open.

The Government intends to use the additional time to continue dialogue and explore whether an agreement can be reached that addresses both nature protection and the sector’s business continuity.

According to the Minister, a positive development is that companies in the sector have signed a cooperation letter expressing their commitment to operate with respect for nature. For Herdé, this demonstrates that there is a foundation to keep seeking a joint solution.

Nature protection and employment must find a balance Minister Herdé emphasizes that the Government does not question the responsibility to protect the environment. On the contrary, it is a shared responsibility between the Government and the sector. At the same time, the Government wants to consider the group of people whose livelihoods and jobs are directly connected to UTV/ATV activities.

“We must be able to reach a point where we can continue protecting our environment and, at the same time, create space for the sector to continue its work in accordance with the law and with respect for nature,” Herdé expressed.

The Government is now awaiting the Court’s decision on the request for postponement. Meanwhile, according to Minister Herdé, the door to dialogue remains open and efforts to reach a solution continue.

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