Right to housing under pressure in the Caribbean Netherlands

1. What does the right to housing entail?

The right to housing is a fundamental human right for everyone in the Netherlands, including the Caribbean Netherlands. When people cannot access affordable housing, their right to housing is at risk.

This right is enshrined in various human rights treaties, including the International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 11(1) of the ICESCR states that everyone has the right to an adequate standard of living, which includes the right to housing. This means that everyone has the right to a place where they can live in safety, peace, and dignity.¹ Furthermore, housing must be available at a reasonable price.²  The cost must be at a level that allows people to afford other basic necessities.³ The Netherlands is therefore obliged to (continuously) take measures to ensure that housing costs generally align with income levels. This includes ensuring that housing subsidies are available to those who cannot afford adequate housing on their own^.4

The right to housing is also enshrined Article 22, paragraph 2, of the Dutch Constitution which states that the government must ensure sufficient available housing.

2. What are the current housing issues on the islands?

Life on Bonaire, Sint Eustatius, and Saba is expensive. Many people are concerned about the high costs of living. Within that, housing accounts for a large expense for many people. Three aspects play a significant role in the housing problems in the Caribbean Netherlands: access to affordable housing, to rent subsidies, and to a rent tribunal.

Access to affordable housing

On all three islands, there is a shortage of social housing. Many people are on waiting lists: demand for these homes exceeds the supply by far. As a result, people who are not allocated social housing often have no choice but to rent in the private sector.

The BES Housing Act is being drafted, which will allow housing associations to join the system of approved institutions. The government indicates that this could lead to a greater supply of affordable (social) rental housing. It is expected to take effect on January 1, 2027.

On Bonaire, the Dutch government and the island administration have developed a joint plan under the "Woondeal Bonaire 2023-2030" to increase the supply of social housing. However, construction has faced repeated delays, making it unlikely that the original construction targets will be met. Of the 500 houses scheduled for completion by the end of 2025, only 178 have been completed. A further 144 are scheduled for completion by the end of 2027. There is currently no clarity on the timeline for the remaining178 houses.⁵

For Sint Eustatius, a declaration of intent for social housing was signed on November 17, 2023. It includes agreements on new constructions and renovation of existing units. On Sint Eustatius, 20 social housing units were renovated in 2024. Saba signed a similar declaration on November 15, 2023. Consequently, 18 new social housing units were built in 2024.6

Furthermore, the law “Woningwet-BES” is being drafted, which will allow housing associations in the Caribbean Netherlands to officially become housing corporations. Housing corporations are corporations that meet the requirements of this “Woningwet”. Their primary task is to provide rental housing for people with lower incomes. If housing associations in the Caribbean Netherlands can become housing corporations, they have easier access to financing and can thus invest more. The government indicates that this will lead to a greater supply of affordable (social) rental housing. The law is expected to take effect on January 1, 2027.⁷ In the European Netherlands, the (amended) “Woningwet” has been in effect since 2015.

Although the government has taken action to increase the supply of social housing, demand for affordable housing on the islands remains high. There are significant delays in the building of new social housing, and the potential impact of the “Woningwet-BES” will only be felt from 2027 onward. More concrete steps are therefore needed to ensure sufficient affordable housing.

Rental subsidies

A second major challenge lies in the limited access to rent subsidies for low-income households. Currently, there are two types of rent subsidies on the islands:

1. The “verhuurderssubsidie” (VHS). This subsidy is available on all three islands for low-income tenants in social housing.⁸ 
2. The “bijdrage particuliere verhuur” (BPV), which offers financial support for low income tenants renting in the private sector. However, the BPV has only been available on Bonaire so far, where it was introduced in 2022 as a pilot programme. This pilot is facing several challenges. The Ministry of Health, Welfare and Sport (VWS) has indicated that these challenges must be resolved before extending the scheme to Sint Eustatius and Saba. At present, residents of Sint Eustatius and Saba do not have access to rent subsidies in the private rental sector.⁹

While a form of rental subsidy does exist in the Caribbean Netherlands, it differs significantly from the rent subsidy system in the European Netherlands. The VHS requires cooperation from landlords, which have not always been forthcoming on the islands.¹⁰ This dependency creates a barrier to access, making the subsidy difficult to obtain for those who need it most. Moreover, the BPV on Bonaire is a temporary agreement. In other words, there is no structural form of rental subsidy for low-income tenants in the private sector.

Furthermore, the rent tribunal on Bonaire has noted that even a small delay in payment can quickly lead to a problematic debt for tenants, particularly for citizens with a vulnerable income.¹¹ Without reliable access to social housing or sustained rent support, the right to adequate housing remains out of reach for many low-income households. They will continue to struggle with the high cost of living on the islands.

Rent tribunals

Rent tribunals are institutions that tenants and landlords can approach for help with rental disputes. They provide clarity on legal rights and obligations, and assist in preventing or resolving conflicts.

A rent tribunal was established in Bonaire in 2021. In its 2024 annual report, the tribunal notes that it received 1,292 enquires that year. A figure that underscores the clear need for such a body.¹² Although plans are in place to establish similar tribunals on Sint Eustatius and Saba, these have yet to be implemented.¹³

3. Why don't the same laws and regulations apply in the Caribbean Netherlands as in the European Netherlands?

Since 2010, Bonaire, Sint Eustatius, and Saba have been a part of the Netherlands as public entities. The Dutch government is therefore responsible for implementing human rights treaties in the Caribbean Netherlands. This means that they must ensure compliance with the right to an adequate standard of living in the Caribbean Netherlands, in accordance with the ICESCR.

After 2010, the government decided not to immediately apply all legislation to the Caribbean Netherlands. This form of legislative restraint has resulted in legislation and regulations that are outdated or that have not been applied yet. Besides, certain human rights treaties are not yet applicable or have not yet been implemented in the Caribbean Netherlands.

Since 2021, the principle of "comply or explain" has been in place. This means that, in principle, new legislation and regulations in the Caribbean Netherlands must be the same as in the European Netherlands, unless the context of the islands require an adjusted approach. To prevent overburdening the public administrations on the islands and in The Hague, the principle doesn’t need to always be applied to existing legislation straight away. Instead, the government has chosen a phased approach. This has led to a backlog in legal harmonization.¹⁴

As a result, when it comes to access to affordable housing, significant differences in laws and policies between the Caribbean Netherlands and the European Netherlands still exist. For example, rent subsidies are not consistently available across the Caribbean Netherlands and there are still no rent tribunals on Sint Eustatius and Saba. The protection of the human right to adequate housing for residents of the Caribbean Netherlands lags behind that of residents of the European Netherlands.

4. What is the Institute’s position on housing in the Caribbean Netherlands?

It is important for everyone to have access to affordable housing. Because it impacts many aspects of one’s daily life. It reduces stress and ensures people can meet other basic needs.

The Netherlands Institute for Human Rights remains concerned about the housing situation in the Caribbean Netherlands. At present, residents of the Caribbean Netherlands do not have the same protection of their right to adequate housing as those in the European Netherlands. As a consequence, their economic and social security is placed under additional strain.

Human rights are universal, indivisible, and apply equally to all people. In the Netherlands, this means that the state must safeguard these rights for all residents, including those of the Caribbean Netherlands. Both local island authorities and the Dutch central government share responsibility for complying with human rights obligations in the Caribbean Netherlands.

Under international law, rights must be protected equally throughout the entire Dutch territory. Where local resources, capacity or expertise are lacking, the central government has a duty to provide support. In this context, the Institute emphasizes the importance of a transparent and accountable "comply or explain" approach. When legislation or protection standards are not extended to the Caribbean Netherlands, the central government must explain why and what alternative guarantees are being offered.

5. What does the Institute do?

The Netherlands Institute for Human Rights is the independent human rights body for the entire country, including the Caribbean Netherlands (but not Aruba, Curaçao, and Sint Maarten). The Institute continues to monitor and raise awareness of human rights in the Caribbean Netherlands. In its Strategy and Multi-Year Plan 2025-2027, the Institute sets out its commitment to reducing inequality in rights protection between residents of the European and Caribbean Netherlands. To that end:

• the Institute engages in dialogue with relevant ministries, inspectorates, public bodies, and other organizations;
• it reports signals and developments to international supervisory bodies;
• it contributes to building knowledge and awareness of the human rights situation in the Caribbean Netherlands;
• and it issues both solicited and unsolicited advice on policy, legislation, and human rights implications in the Caribbean Netherlands

¹ CESCR General Comment no. 4: The right to adequate housing (Art. 11(1) of the Covenant), para. 7.

² CESCR General Comment no. 4: The right to adequate housing (Art. 11(1) of the Covenant), para. 7 and 8(c).

³ CESCR General Comment no. 4: The right to adequate housing (Art. 11(1) of the Covenant), para. 8(c).

⁴ CESCR General Comment no. 4: The right to adequate housing (Art. 11(1) of the Covenant), para. 8(c).

⁵ Algemene Rekenkamer, Resultaten verantwoordingsonderzoek 2024 Konikrijksrelaties en BES-fonds (Results of the 2024 Accountability Audit on Kingdom Relations and BES-funds), 21 May 2025, p. 14.

⁶ VRO, Voortgangsrapportage 2024 Beleidsagenda VRO/CN (Progress Report 2024 VRO/CN Policy Agenda), 21 January 2025, p. 16 and 22

⁷ VRO, Kamerbief over diverse ontwikkelingen in het woonbeleid (Second Chamber letter on various developments in housing policy), 10 december 2024, p. 5 en 6.

⁸ VRO, Voortgangsrapportage 2024 Beleidsagenda VRO/CN (Progress Report 2024 VRO/CN Policy Agenda), 21 January 2025, p. 12, 17, 22, and 30.

⁹ Bonaire Rent Tribunal, Jaarverslag 2024 (Annual Report 2024), 21 May 2025, p. 17; VRO, Voortgangsrapportage 2024 Beleidsagenda VRO/CN (Progress Report 2024 VRO/CN Policy Agenda) 21 January 2025, p. 12, 17, 22, and 30.

¹⁰ Bonaire Rent Tribunal, Jaarverslag 2024 (Annual Report 2024), 21 May 2025, p. 12.

¹¹ Bonaire Rent Tribunal, Jaarverslag 2024 (Annual Report 2024), 21 May 2025, p. 17.

¹² Bonaire Rent Tribunal, Jaarverslag 2024 (Annual Report 2024), 21 May 2025, p. 3 en 12.

¹³ VRO, Voortgangsrapportage 2024 Beleidsagenda VRO/CN (Progress Report 2024 VRO/CN Policy Agenda), 21 January 2025, p. 15, 16, 21, and 22.

¹⁴ Letter from the State Secretary for Interior and Kingdom Relations, Waarborgen van het principe ‘comply or explain’ (Safeguarding the 'comply or explain' principle), 20 June 2025, p. 1-2; Second Chamber of the Staten-Generaal, Stafnotitie Comply or Explain (Staff memo on Comply or Explain), 26 March 2024, p. 12