The "Someone Has To Step Up And Be A Hero...Soon!" Story

It was an ordinary day.  And...they haven't given up the fight!  Good for them!!  It was back on Sunday, September 2 that I wrote about my friend Barbara Cannegieter and her fight to clear the air in the capital city of Philipsburg on the island of Sint Maarten.  Yes, actually clear the air of the toxic fumes and gases that are emitted from the nearby burning dump.  It has been going on for years and years and it seems that no one can do anything about it.  So, Barbara finally took a stand and took the local government to court over the constant fire that burns in the nearby dump.  

Now she and friend Camiel Koster, as well as the law firm Bergman Zwanikken Snow Essed (BZSE), will finally have their day in court; Thursday, September 27, 2018 at 3:00 PM to be exact.  The Court of First Instance confirmed that the parties involved in the injunction that was filed August 24 will be heard that day.  The plaintiffs request that the Court order the government and the dump operator to take effective measures to prevent the emission of smoke, gases and stench at the landfill within three months following a Court ruling.  The complainants also requested that the Court order the government to have an official institution such as the Netherlands Institute for Public Health and the Environment RIVM conduct measurements of the toxic fumes.  If these orders haven't been met in a timely manner, the Judge is asked to attach daily penalties of US $5,000, with a maximum of $1 million.  I should tell you that Sint Maarten is the Dutch side of the island known as Sint Maarten/St. Martin; half being Dutch and half being French.  The plaintiffs base their claim on legal protection they may invoke as citizens under environmental laws which are anchored in the Civil Code.  Article 5:37 of the Civil Code stipulates that the owner of a parcel of land may not cause hindrance such as or not limited to noise, smoke, gases, stench and tremors in a tortious manner to the owners of other parcels of land.  Barbara lives in Dutch Cul de Sac which is less that a mile from the dump.  Koster lives slightly over 3 miles from the dump, but works as an attorney at BZSE which is in the direct path of the smoke and fumes that are less than a mile from the business.  He and his co-workers have to put up with the dump on a daily basis at their work site.  

This is the view Barbara, Camiel and
the workers at the law office see
on a daily basis.  My question is...WHY?
Someone has to be held accountable!
Not later or in the future, but NOW!!
It is truly a matter or life or death for many.

We have visited with Barbara and her husband Dee on many of our visits to the island and the dump is easily visible from their home.  Having the smoke, stench and gases head in your direction day after day, month after month for years has to take a toll on your mental as well as physical condition.  It seems that the local government, as well as the dump owner, hasn't taken any visible action to prevent or reduce the problem.  And, this has been going on for many years.  Article 22 of the Nation's Constitution states that the government's constant concern is directed at the habitability of the country and the protection and improvement of the living environment.  So why isn't Country St. Maarten in violation of its constitutional obligation to promote public health and quality of life in the country?  THEY MUST  BE HELD ACCOUNTABLE!!  The lives and welfare of those who live in the country are at risk.  My question is:  How did it ever get this bad in the first place.  We have been traveling to the island for almost 20 years now and every year notice the smoke and stench that are emitted from the dump.  Why hasn't someone been held accountable before now?  That just isn't acceptable!!  The Court of First Instance must be the hero in this situation and make it right once and for all.  Do they have the fortitude to do the right thing?  I sure hope so or the many daily cruise ships that visit the Dutch port with their tourist's dollars they count on so heavily for their livelihood will be a thing of the past.  And, with that will go the welfare of those that live on Dutch Sint Maarten.  Ruling in favor of the plaintiffs is truly the only correct thing to do.  So, let it be now, on September 27 at 3:00 PM!  It was another extraordinary day in the life of an ordinary guy.