THE HAGUE - The Dutch State has violated the human rights of Bonaire residents by taking insufficient climate measures and treating the island unequally compared to European Netherlands. This was ruled by the court in a comprehensive 90-page judgment, of which an oral summary was delivered on Tuesday
Greenpeace had filed the case on behalf of Bonaire residents, arguing that the Netherlands is doing too little to protect them from the consequences of climate change. According to the environmental organization, residents of the Caribbean island are also less well protected than people in European Netherlands, which would violate international treaties.
The arrival of the Bonaire delegation.
No violation of article 2, but articles 8 and 14 violated
The court ruled that article 2 of the European Convention on Human Rights (ECHR), which concerns acute life-threatening situations, has not been violated. However, the judge concluded that the State has violated article 8 ECHR, which protects citizens against serious harm to their health, well-being and living environment.
Additionally, the court established that Bonaire has been treated unequally compared to European Netherlands. This also violates the prohibition of discrimination under article 14 ECHR.
Vulnerable island, slow response
According to the court, it has been known for decades that Bonaire, as a small island, is particularly vulnerable to climate change. The island is already experiencing extreme heat, heavy rainfall and tropical storms. By 2050, parts of the island could be underwater, including areas with cultural heritage such as slave houses, salt pans and fishing huts.
Yet according to the judge, the State only belatedly developed a coherent adaptation policy for Bonaire. Concrete plans only gained momentum after 2022, while local authorities lacked sufficient resources and expertise to address the risks.
National climate policy also falls short, according to the court. Dutch targets are insufficiently transparent, not all emission sources are included – such as aviation and shipping – and it is highly uncertain whether the 2030 targets will be met. Moreover, a clear overview of the Netherlands’ remaining emission budget is lacking.
Binding targets within 18 months
The court orders the State to establish binding climate targets for the entire Dutch economy within 18 months, including interim targets towards 2050, when emissions must reach net zero. The emission budget must also be made transparent.
Additionally, an adaptation plan must be developed that explicitly includes Bonaire, with a view to implementation in 2030. The judge does not prescribe how the government should achieve these targets; that remains a matter for politics and administration. Other, more far-reaching demands from Greenpeace have been rejected.
Read the live blog of the judge’s ruling here.
