‘Comply First, Explain Why Not’: Dutch Govt sharpens BES policy approach

THE HAGUE--The Dutch Government is making it harder for ministries to leave Bonaire, St. Eustatius and Saba out of national policy. Under the strengthened “comply or explain” principle, new Dutch policy should, as a starting point, also apply to the three islands. Where a ministry decides that a policy, law, funding arrangement or other measure should not apply in the same way, it must have serious reasons and clearly explain why.

The shift is significant because the burden now falls more firmly on Dutch ministries to first consider how policy can apply to the Caribbean Netherlands, rather than treating the islands as an exception from the outset. State Secretary for the Interior and Kingdom Relations Eric van der Burg outlined the approach in a July 6, 2026 letter to the Second Chamber of the Dutch Parliament.

The Government said the aim is to work toward an equivalent effect and level of public services for residents of Bonaire, St. Eustatius and Saba compared with residents of the European Netherlands, while still taking local circumstances into account.

Tailor-made policies will remain possible and may often be necessary. However, the Government said the special circumstances of the islands should not automatically be used as a reason to apply lower standards. Any deviation from the “comply” principle must be transparently and properly justified.

The strengthened approach also extends beyond laws and regulations. According to the letter, “comply or explain” applies to the full range of national policy, including policy objectives, available funding and other policy instruments.

Focus on Healthcare, Education and Living Conditions

The Dutch Government said ministries have already been considering how the principle applies across several policy areas.

In healthcare, the ambition is to work toward an equivalent level of care, youth services and support, with attention to prevention, healthy starts for children, nutrition and strengthening the healthcare system.

The same ambition applies to education, culture and equal opportunity.

Climate adaptation, resilience and sustainability are also included. Climate plans for Bonaire, St. Eustatius and Saba are being linked to the National Climate Adaptation Strategy, while the Nature and Environmental Policy Plan for the Caribbean Netherlands is expected to enter a second phase.

Housing plans are being developed through a Housing and Construction Policy Agenda for 2027 to 2030.

On economic development and livelihood security, the Government pointed to work through the Caribbean Economic Growth Platform, investments in digital infrastructure and food security initiatives. Cooperation is also underway concerning €30 million earmarked for livelihood security.

The Caribbean part of the Kingdom is also being given greater attention within the wider Dutch security picture, including developments in and around Venezuela, hybrid threats, cybersecurity, organised crime and police capacity.

Government to Review Whether ‘Comply or Explain’ Works

The Cabinet will now evaluate how the principle is being applied in practice together with Bonaire, St. Eustatius and Saba and the various Dutch ministries.

The review will examine existing reports on socio-economic conditions, discrimination, governance and the social minimum in the Caribbean Netherlands.

A legal analysis will also examine “comply or explain” in relation to Articles 1 and 132a of the Dutch Constitution.

The Government will further take into account its expected response to research into a possible change in the European status of Bonaire, St. Eustatius and Saba from Overseas Countries and Territories to Outermost Regions. That response is expected in the fourth quarter of 2026.

Dutch ministers and the island governments will also be consulted on their experiences with the principle. Parliament is expected to receive an update this autumn.

Islands to Be Involved Earlier

Another major part of the approach is earlier involvement of the three islands in Dutch policy and legislative processes.

The Government said Bonaire, St. Eustatius and Saba will be better included in the preparation of policy and laws through policy initiation documents, consultations and improvements to the Government-wide legislative overview.

Where relevant, online consultations will be made more accessible in Dutch, English and Papiamentu, allowing residents, businesses and local governments to participate more effectively.

The VNG Caribbean Desk will also be further developed to support knowledge sharing and assess whether proposed laws can realistically be implemented on the islands.

Testing Whether Laws Can Actually Work on the Islands

Two implementation assessments have already been carried out for Bonaire, St. Eustatius and Saba.

One concerned proposed changes to the Bibob Act, which deals with public administration integrity screening. The second concerned changes related to public library services.

The assessments showed that it is important to test whether proposed Dutch legislation can actually be carried out by the island governments.

They also showed that assessments for the islands may need to be simpler than those used for municipalities in the European Netherlands and should not be conducted so early that island authorities lack enough information to judge the financial and practical consequences.

An independent report by the DSP Group has recommended that where the Netherlands decides to harmonise policy and begins an implementation assessment for the European Netherlands, Bonaire, St. Eustatius and Saba should generally be included as well.

The Ministry of the Interior and Kingdom Relations plans to make arrangements with other ministries and the Association of Netherlands Municipalities on how this will work.

The Government said measures previously announced to improve the involvement of Bonaire, St. Eustatius and Saba have now been incorporated into the relevant policy processes.

The next test will be whether Dutch ministries actually apply them.

Van der Burg said his Ministry will continue monitoring the implementation of the strengthened approach.

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