WILLEMSTAD – The gate at Eric’s ATV Adventures remains open, but the grounds are quiet. Government tape marks the boundary of what is still permitted. For Eric Raphaela, who has operated his quad-tour business at Bapor Kibra near Mambo Beach for more than twenty years, the future is suddenly uncertain.
“We are waiting for strong arguments to justify clearing everything,” Raphaela said, looking out over the site that has now been purchased by a real-estate developer. “In principle, the entire building has to go.”
Raphaela has run ATV tours from the location for two decades, building a loyal customer base and employing 17 staff members, many of them young people. One employee described the anxiety now gripping the team. “Our boss gives young people an opportunity,” the worker said. “But now there is fear. We may lose our jobs. I have a family too.”
Years Without Formal Permits
According to Raphaela, the uncertainty did not arise overnight. He says he operated for years without a formal permit, while waiting for clarity from the authorities. “We didn’t just set up shop here,” he said. “This land was once designated by Domain Management, but it was never formalized.”
The situation changed when the land behind his business was sold to a developer planning a large-scale tourism project featuring luxury apartments and amenities. Promotional material for the project describes a transformation of the area. Raphaela says his business suddenly became an obstacle.
“They want a wide, attractive entrance,” he said, pointing to a project map. “And that entrance is exactly where we are now.”
Soon afterward, utilities were cut off. Aqualectra disconnected electricity and water, the site was cordoned off, and the message was clear: Raphaela must leave. He challenged the eviction in court, but the case was recently dismissed on procedural grounds. The substance of his arguments was not reviewed, leaving his legal options unclear.
A Broader Pattern
Raphaela’s lawyer, Achim Hendriques, says the case illustrates how vulnerable citizens and entrepreneurs can become when long-term arrangements are never formally recorded. “Twenty years of use without definitive agreements can suddenly work against you when interests shift,” Hendriques said.
Raphaela is not alone. Similar situations are unfolding elsewhere on the island.
At Baya Beach, chaplain Norwin Martina fears losing control of the building and beach area where he has held religious gatherings for about 15 years. Martina says he was verbally appointed as caretaker at the time, but never received written confirmation, despite repeated requests.
Concerns intensified when workers discovered excavation at the site’s entrance, reportedly to block access. According to those involved, a new manager may already have been appointed. Martina says he has repeatedly contacted the Ministry of Traffic, Transport and Spatial Planning for clarification, without receiving a response. He also says he has not received clear answers from the responsible minister.
Long Waits, Little Certainty
Hendriques stresses that these are not isolated cases. He points to multiple files involving entrepreneurs who have waited decades for permit applications or formalization of land use. One example involves a business at Santa Cruz beach, where an operator has reportedly been waiting around 35 years for clarity.
The common thread, Hendriques says, is that long-term use is often tolerated without formal documentation. As long as plans remain unchanged, the arrangement appears workable. When development interests emerge, however, the lack of legal certainty becomes painfully clear.
Talks Underway, Questions Remain
Raphaela has since been invited by the government for talks and has been told that officials are willing to consider an alternative location for his business. Yet broader questions remain unanswered: how the government intends to deal with long-standing use of public land without formal agreements, and what level of legal protection such users can expect.
The Ministry of Traffic, Transport and Spatial Planning was asked for a policy response but had not replied at the time this article was finalized.
For Raphaela and others in similar situations, the wait for clarity continues—this time with livelihoods, community roles, and long-built businesses hanging in the balance.
By Kim Hendriksen (Caribbean Network)