A national court concluded that the Dutch government failed to protect Bonaireans by not assisting them in adapting to climate change.

Eight citizens of the tiny Caribbean island filed the action in early 2024. They accused the Dutch government of failing to protect them from the severe effects of climate change, such as rising temperatures and sea levels, and were supported by Greenpeace. Bonaire became a special Dutch municipality in 2010, and around 80% of its 26,000 residents hold Dutch citizenship.

The Hague District Court dismissed the individuals’ objections but accepted the claim brought by Greenpeace, which is acting on their behalf.

Human Rights Breach

On Wednesday, the court ruled that the disproportionate treatment of Bonaire residents in comparison to the European part of the Netherlands is illegal, and that insufficient mitigation and adaptation violates the European Convention on Human Rights. It specifically ruled that the government’s actions violated the convention’s Articles 8 and 14, which safeguard the right to life and respect for private and family life.

The verdict was the first time a national court utilized the rules established in a landmark 2024 opinion by the European Court of Human Rights (ECtHR), which concluded that state inactivity on climate infringes human rights. KlimaSeniorinnen, an elderly women’s society created in 2016, filed the lawsuit against the Swiss government for its poor climate strategy. They successfully claimed that inaction would result in higher temperatures and endanger their health, particularly for members over 75.

The Dutch court was also the first in the world to decide that a state discriminates against its own citizens by neglecting to establish and implement a climate adaption plan.

The Netherlands was granted 18 months to implement further adaptation measures and establish binding interim greenhouse gas emission reduction targets based on its fair commitment to keeping global warming below 1.5 degrees Celsius by the end of the century.

“Today, we are making history,” stated Onnie Emerenciana, a plaintiff in the lawsuit. “Finally, The Hague cannot ignore us. The court is marking a line in the sand. Our lives, culture, and country are all treated seriously. The state cannot continue to turn a blind eye. The next stage is to free up funds and expertise for specific action plans to defend our island. We truly need to work together; Bonaire cannot fix this alone.”

Marieke Vellekoop, Director of Greenpeace Netherlands, described the ruling as “historic” and a “huge breakthrough.” She urged incoming Prime Minister Rob Jetten to “bring this ruling to the cabinet’s negotiating table tonight and ensure that funding is made available for Bonaire-specific protective measures and adequate climate policy.”