WILLEMSTAD — The Government of Curaçao is standing by its proposed legislation to tighten the Criminal Code and the Code of Criminal Procedure in order to strengthen the fight against terrorism. This is outlined in the government’s Memorandum of Reply (Memorie van Antwoord), which has been submitted to the Curaçao Parliament.
In the document, the cabinet largely dismisses objections raised by parliamentary factions and defends the introduction of higher penalties, broader criminalization, and a sharpened definition of “terrorist intent.” The proposal aims to clarify the criminalization of terrorist activities, increase maximum sentences, and introduce new provisions targeting the preparation, support, and financing of terrorism.
In addition to terrorism-related offenses, the bill also proposes amendments affecting other areas of criminal law, including human trafficking, human smuggling, cybercrime, and sexual offenses.
Fundamental Rights and Legal Concerns
In its response, the government addresses questions and criticism from factions including MAN-PIN, PNP, and MFK, which had raised concerns about potential conflicts with fundamental rights, the proportionality of increased sentences, and the perceived vagueness of concepts such as “terrorist intent.”
According to the government, the proposed measures are necessary, legally defensible, and consistent with Curaçao’s international obligations. The cabinet points to United Nations conventions on combating the financing of terrorism, international treaties on criminal cooperation, and the American Convention on Human Rights (San José Convention) as key legal frameworks requiring national implementation.
The government argues that without updating domestic legislation, Curaçao would fall short of its treaty obligations under international law.
Preventive Effect
The cabinet further maintains that tougher penalties and broader criminal provisions are essential to ensure a preventive effect and to enable law enforcement and the judiciary to act more effectively against modern forms of terrorism and related criminal activity.
The submission of the Memorandum of Reply marks a decisive substantive phase in the legislative process. The Central Committee of Parliament is scheduled to discuss the document on Thursday, January 29, 2026, a debate expected to be closely watched given the balance between security measures and the protection of fundamental rights.