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Worst Forms of Child Labour Convention, 1999 (No. 182) - Aruba

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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Government’s report does not provide information on this matter. The Committee once again requests the Government to provide information on the application in practice of section 49(1)(b) of the Penal Code, which prohibits the use or procuring of a child for illicit activities, by indicating the number of prosecutions, and convictions and penalties imposed in relation to the using or procuring of children for drug-related offences.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s general indication that it is taking appropriate precautions to ensure the well-being of migrant children, whether they are accompanied by asylum seeking parents or unaccompanied. However, it notes that the Government does not provide specific information on the measures taken to ensure access to free basic education for these children. The Committee notes, from the “Profile of Aruba’s Children” (2020) that overall, more than 97 per cent of children aged 4 to 16 years were attending school. However, the publication also shows that, regardless of the country of birth of the children, the great majority of children not attending school were children whose parents were foreign-born. The Committee also notes, from the concluding observations of the United Nations Committee on the Rights of the Child (CRC), the barriers faced by asylum-seeking children in accessing essential services, including education (CRC/C/NLD/CO/5-6, 9 March 2022, paragraph 36). Noting that the Government did not provide information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged, taking into account the current educational pattern of e-learning and digitalized platforms, to facilitate access to free basic education of disadvantaged children, including refugee and migrant children.

Clause (d). Identifying and reaching out to children at special risk. Refugee, migrant and unaccompanied children. The Committee notes the Government’s indication that, in 2018, Aruba signed a memorandum of understanding on the Rights of the Child, in which assistance for vulnerable children, including migrant and disabled children, and “safety nets” within the local community would be provided. The Government adds that children who are accompanied by asylum seeking parents and whose parents have established an asylum application are assessed based on their parents’ claims, and during this process, appropriate precautions are taken to ensure their well–being. When an unaccompanied child submits an asylum application, provisions related to the protection and assistance of the child exist to ensure a child–friendly procedure, including support in cases in which a legal representative is not available.

The Committee notes the Government’s information that the International Organization for Migrations (IOM)-Aruba is also supporting the Government on the development of a standard referral procedure for the identification, referral and assistance of victims of human trafficking. The Government indicates that currently, no specialized shelter exists for victims of trafficking. Aruban authorities place unaccompanied child victims in foster care centres, homes, or local churches, and risk assessments are conducted before deciding where to place a victim and whether they can be unchaperoned. A shelter for victims of human trafficking comprising 20 beds is expected to be built and completed. The Government states that it has expressed to IOM-Aruba the need for training to improve the protection and assistance of victims of trafficking and unaccompanied children. The Committee notes the Government’s indication that the number of victims of trafficking identified in Aruba has decreased significantly from 71 in 2017, to two in 2018, and zero in 2019.

The Committee further notes the concerns of the CRC, in its concluding observations, over: (1) the lack of legislation protecting the rights of asylum-seeking children and the lack of publicly available information on asylum-seeking procedures; and (2) reports of the deportation of asylum-seeking children without review of their cases and the detention of such children or the separation of children from parents who are detained for immigration-related purposes in Aruba (CRC/C/NLD/CO/5-6, 9 March 2022, paragraph 36). The Committee also notes that, according to the 2023 Refugee and Migrant Response Plan (RMRP) of the Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (R4V), restrictive policies in Aruba are expected to lead to a decrease in new arrivals of refugees and migrants from Venezuela. However, due to limited access to regularization pathways and livelihoods, the need for humanitarian assistance with self-reliance opportunities is expected to remain a priority in the country. Recalling that children in a vulnerable situation are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to continue to provide information on the effective and time-bound measures taken or envisaged to ensure that refugee, migrant and unaccompanied children are protected from these forms of child labour.

Application of the Convention in practice. The Committee once again notes the absence of any statistical data on the number of children engaged in the worst forms of child labour in Aruba. The Committee therefore once again requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and the number and nature of infringements reported.