WILLEMSTAD – Curaçao is still being governed by a large number of outdated laws, some dating back to the 19th century. This is the conclusion of legal scholar Jeff Sybesma and economist Roland van den Bergh in their ongoing article series Unintended Consequences. According to them, the lack of modernization and coherence in the legal system is causing serious problems for both the rule of law and society at large.
The authors point out that Curaçao has hundreds, if not thousands, of legal regulations, many of which they describe as “museum pieces.” Examples include the Expropriation Ordinance of 1887, the Quarantine Ordinance of 1883, and the Building Ordinance of 1935—laws drafted for an entirely different era.
Even more recent legislation is often just a patchwork on top of existing frameworks. For instance, the air quality ordinance adopted in 2024 was not written as an independent law but simply added as a new chapter to the Nuisance Ordinance of 1994.
A Legal Puzzle
According to Sybesma and Van den Bergh, this leads to an opaque legal system. Citizens, lawyers, and judges often face a time-consuming puzzle when trying to determine which laws are still in force. Moreover, many legal obligations—such as mandatory evaluations, reports, and commissions—are not observed in practice. Parliament, which is supposed to provide oversight, largely fails to enforce these obligations. “As a result, many legal provisions remain hollow rules,” the authors argue.
Access to legislation is another problem. Since 2019, the Official Gazette and Government Bulletin are only published digitally on the government’s website. But without knowing the exact reference number, citizens must search with extreme precision to find a regulation. This, they say, undermines access to the law—an essential part of the rule of law.
Missed Opportunities for Concordance
The experts also note that Curaçao is missing opportunities to modernize its legal framework more efficiently through concordance within the Kingdom of the Netherlands. The Charter of the Kingdom stipulates that legal systems should be aligned wherever possible, yet this mechanism is rarely used. “It would save a great deal of time and effort to adopt parts of the Dutch General Administrative Law, adapted to the local context,” they wrote.
At the heart of their argument lies the principle that legislation should support policy, not hinder it. This requires modern, clear rules that match the needs of today’s society.
“A modern rule of law cannot function with outdated laws from another era,” the authors warn. They believe Curaçao is at a crossroads: continuing down the current path will lead to further stagnation and legal inequality, while systematic renewal could restore trust and legal certainty.
