Aruba Birdlife Conservation: Minister Herdé ignores advice from his own experts

ORANJESTAD — Aruba Birdlife Conservation (ABC) has rejected a new government request to postpone the court case concerning motorized traffic in natural areas. In a letter dated October 14 from its lawyer, G.W. Rep, to Judge A.H.M. van de Leur, the foundation maintains that Minister Herdé is acting against the advice of his own officials and asks the court to hear the case urgently.

The letter, obtained exclusively by Noticiacla, describes a conflict that goes beyond a disagreement between the government and an environmental organization. According to lawyer Rep, documents ABC received on October 13 show that DOW, DIP and DNM had already advised on areas that should remain closed to off-road traffic and on alternative routes. “There is no reason for a further postponement to give the parties an opportunity to sit down together,” Rep writes. The hearing is scheduled for October 15 at 2 p.m.

DOW, DIP and DNM advice sets limits

According to the letter, the directors of DOW, DIP and DNM submitted joint advice to Minister Herdé on September 24. They refer to field research, technical expertise and an interdepartmental process that has produced recommendations since 2022. The three areas identified as no-go zones are Faro–Alto Vista, Natural Bridge–Indjek/Blackstone Beach and the dirt road from Sero Colorado to Rode Anker. The study also proposed three off-road routes.

In the passage quoted by the lawyer, the directors maintain that previously proposed routes and lasting protection for Tera Cora should serve as the starting point. Any departure from these recommendations, they say, requires an explicitly reasoned administrative decision based on new facts or changed circumstances and following the applicable legal procedures.

ABC says it was unaware of this advice and had not received it through its requests for information either.

ABC proposed closed areas and restricted access

Rep rejects the suggestion that ABC has not contributed to a solution. According to the letter, the foundation submitted a concrete proposal to the minister on September 11.

The proposal includes closing Tera Cora to motorized traffic as far as the first ranch, along with the entire area beyond Natural Bridge, including Andicuri. Bushiribana–Natural Bridge could remain open. For Alto Vista–Bushiribana, ABC proposes temporary, conditional UTV access, with a gradual reduction in access, speed controls, GPS tracking, vehicle limits and measures to reduce noise and dust.

According to Rep, however, subsequent meetings failed to produce a concrete government proposal that could serve as a basis for an agreement.

Tera Cora proposal deepens the conflict

According to ABC, a document prepared by ACF and sent to the minister on October 9 focuses solely on Tera Cora and does not address requests to protect other areas. Rep is particularly critical of the proposal to apply DirtGlue to a road within the natural area. The lawyer describes this as “a slap in ABC’s face” and argues that the approach prioritizes other interests over nature protection.

The letter also questions whether the document was prepared using artificial intelligence, citing a ChatGPT response. That response, however, is not reliable evidence of authorship or a lack of research.

Threats affect prospects for dialogue

Rep informed the judge that Greg Peterson and his family have been receiving threats in their private lives. He cites this as a reason why Peterson does not wish to participate voluntarily in discussions with the group of tour operators mentioned in the letter. According to the lawyer, the court asked ABC to meet with the government but did not require the foundation to negotiate with tour operators.

Rep concludes that no solution taking nature seriously can be reached with this minister as a dialogue partner.

ABC therefore asks for the court proceedings to continue. The allegations and interpretations are those of the foundation and its lawyer; the letter is not a court ruling. The material received contains no response from Minister Herdé or the government to the claims.