25 September 2024, Amsterdam – The lawsuit that eight residents of Bonaire and Greenpeace Netherlands started last January against the Dutch state moves on. The Plaintiffs are demanding protection against climate change and faster reduction of greenhouse gas emissions. Today, the Court in The Hague ruled that Greenpeace Netherlands is admissible and may defend the general interest of Bonaire in the case. The first hearing will take place next year.
Marieke Vellekoop, director of Greenpeace Netherlands said: “We are happy that the case is now really starting. But it is unfortunate that something like this is necessary to hold the State to its own agreements. The State must not apply double standards and protect citizens in Bonaire less against the climate crisis than in the European Netherlands. That is why we are pursuing this case together with eight claimants from Bonaire, who are already struggling with heat every day due to climate change. To prevent the worst consequences on its citizens, we demand that the State reduce Dutch CO2 emissions to zero more quickly. In addition, Bonaire must be protected against the consequences of climate change.”
“It is getting warmer, and you notice that even more so in September, the hottest month of the year,” says claimant and farmer Onnie Emerenciana on Bonaire. “I need water to grow vegetables, but it hasn’t rained a drop for months. You can hardly grow anything this way. Even the big trees die.”
“Our concerns have not been listened to until now,” adds plaintiff Jackie Bernabela. “The politicians from The Hague have visited many times, but then they leave and you never hear from them again. Hopefully they will hear us on the other side in The Hague now that we are going to Court together with Greenpeace. I am happy that the trial can finally really start.”
Individual plaintiffs in the climate case
The climate case Bonaire against the State was initiated by eight plaintiffs from Bonaire and Greenpeace Netherlands. Greenpeace Netherlands rises up for the general interest of all residents of Bonaire. The individual claimants, who live or grew up in Bonaire, are already impacted by the climate crisis in various ways, such as Helen, who has to turn on the air conditioning more often due to the heat and therefore pays more for energy. Or farmer Onnie, who can grow less due to drought and heat. They also demanded as individuals that the State protect them, but the judge has ruled that for legal reasons they cannot participate as parties to the case. In previous climate cases, the judge came to the same conclusion. The written testimonies of the eight individual plaintiffs remain an undiminished part of the case file, as does their personal experience regarding the consequences of climate change on Bonaire. Greenpeace Netherlands has asked the court to give the eight individual plaintiffs the space to speak during the substantive hearing.
Climate case Bonaire
Michael Bacon, Human Rights lawyer at Kennedy Van der Laan said:“It is a shame that the individual claimants have been declared inadmissible. These plaintiffs will certainly remain involved in the lawsuit, so that the judge can hear first-hand what the impact of climate change is already on Bonaire. The Dutch State must do more to protect its citizens on Bonaire against climate change.” Greenpeace is assisted in this case by a team of lawyers from the offices of Kennedy van der Laan and Prakken d’Oliveira Human Rights Lawyers.
In January 2024, eight residents of Bonaire and Greenpeace went to the court in The Hague for a fair climate policy. The government has a duty to protect its residents against the consequences of climate change, but for the residents of Bonaire there are hardly any plans to keep them safe in the climate crisis. The case demands that the government must limit the dangers by reducing CO2 emissions more quickly. In addition, the government must make adaptation plans for the protection of Bonaire together with the community on the island.
Later this year, the State will present its substantive defense against the summons from Greenpeace Netherlands and the Bonaire claimants. The hearings are expected to take place next year.