The Never-Ending Sewage Saga in Aruba: Government Accountability and the Fight for Resolution

The ongoing sewage crisis at the RWZI Bubali Plas facility in Aruba continues to grow more complicated, with no clear resolution in sight. On Friday, November 8th, 2024, at 08:30, I attended the latest court hearing on the matter - not acting as a lawyer to any of the parties but as #YourFavoriteLawyer, an observer with a longstanding commitment to examining this issue and keeping readers informed.?

The Saga

If one theme has emerged in this saga, it’s the unwillingness of key players - the government and the newly formed AWWS , tasked with managing the facility - to accept responsibility. Instead, the parties seem focused on sidestepping accountability and keeping our affected community in limbo.

This recent hearing added more layers to the complexity, as the Amsterdam Manor Beach Resort , the government of Aruba, and AWWS (a company created by the government to take over the sewage facility's management) each defended their stance. Yet, despite new arguments and proposed solutions, the fundamental issue of accountability remained as murky as ever.

A Call for Mediation, But Little Appetite for Compromise

At the beginning of the hearing, the judge suggested that all parties consider mediation. Given the number of unresolved cases and appeals, the court acknowledged that mediation might help resolve longstanding issues, including penalties, damage claims, and ongoing management. However, the parties’ lukewarm response was telling; they appeared reluctant to pursue collaboration, signaling a preference for drawn-out legal battles over collective problem-solving instead - product perhaps of the many times parties have met on the battlefield.

This avoidance of responsibility mirrors what we’ve seen repeatedly throughout this saga. From the government’s earlier refusals to engage meaningfully with the resort's complaints, as detailed in "Stinky, Stinky, and Now Costly Sewage ", to AWWS’s hesitation to act decisively, the lack of accountability has been a defining characteristic of the crisis.

Shifting Blame: Government’s Legal Maneuvering

The government’s lawyers argued that since July 1, 2024, the government of Aruba has absolved itself of responsibility for the RWZi Bubali Plas facility. They claimed that by creating AWWS and transferring operational duties, the government no longer holds any liability. This shift came as no surprise; in "Crappy Legislation: How Proposed LawCould Flush Away Aruba’s Future ", I explored the legal strategies Aruba’s government has used to deflect blame, allowing it to distance itself from the facility's mounting issues.

AWWS’s position, however, was equally evasive. Representatives claimed they had limited authority, insufficient resources, and a lack of legislative backing to tackle the problem fully. This stance essentially left the issue unaddressed, with AWWS acting as a buffer that allows the government to further distance itself from the stench - both literal and figurative - surrounding the plant.

Questionable Technological Promises

One notable moment during the hearing was AWWS’s assertion that it plans to implement odor-reducing technology, allegedly used in other parts of the world. When pressed by the judge, the company’s representative vaguely replied, “You can Google it,” raising doubts about the technology's reliability and applicability to Aruba’s unique conditions. This moment brought to mind the broken promises from previous technological solutions, as I discussed in "Aruba’s SewageCrisis: The Dutch Way Forward " or the infamous plant at Parkietenbos that was supposed to turn trash into fluff - yet never actually delivered on this promise.? The public has been repeatedly told that new systems or methods would resolve the issue - only to be disappointed.

Given this track record, it is difficult to take AWWS’s claims at face value. If this latest “proven” technology turns out to be anything like those attempted in the past, Aruba could be in for yet another round of unmet expectations and ineffective solutions.

The Stakes for Aruba: Environmental and Public Health at Risk

From the government’s initial inaction to AWWS’s deflections, the issue has persisted without resolution, impacting the island’s tourism, public health, and environment. In "One Stinky Island ", I explored the origins of the crisis and its impact on local communities, from the unbearable stench affecting tourism to the health risks for residents. Despite the severe stakes, the government’s reluctance to accept responsibility has kept Aruba’s people waiting for meaningful change.

The Role of Jurgen van Schaijk: A True Patriot Amidst the Crisis

While much of the focus has been on the Amsterdam Manor Beach Resort’s battle against the government, it's crucial to recognize the efforts of one man: Jurgen van Schaijk . As the leader behind the resort, he has proven himself a true patriot, standing up not only for his business but for Aruba’s nature, environment, tourism, and economy. His dedication to preserving the island’s natural beauty and quality of life for all is a powerful reminder that he is not the enemy in this story - he is the hero. In a saga marked by avoidance and blame-shifting, van Schaijk’s commitment shines as an example of responsibility and leadership.

Is There a Path Forward?

The outlook remains uncertain as we wait for the judge’s decision - in the coming weeks. Mediation could still provide an opportunity for a collaborative approach, but the key players’ reluctance to engage in honest discussions is a significant obstacle. The Amsterdam Manor Beach Resort and affected parties can only hope that the government or AWWS will eventually take ownership of the problem rather than pushing it further down the road.

Adding further uncertainty, Aruba’s elections are coming up on December 6, 2024. What will the new administration look like? Who will form the coalition, and what will their priorities be? These pressing questions will likely impact how this crisis is managed moving forward.

For a deeper dive into the ongoing sewage crisis in Aruba, check out my previous compilation - covering 6 articles - in this series on www.lincolngomez.com . I’ll continue to monitor developments and remain committed to keeping you informed as this story unfolds. Stay tuned for more updates as I bring you firsthand insights and detailed analysis.