Forced Labour Convention, 1930 (No. 29) - Aruba

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes that according to the information available from the website of the Coordination Center for Human Trafficking and Smuggling (CMMA), the Center is the central point of contact on the subject of Human Trafficking and Migrant Smuggling. The Center was created in 2019 to coordinate the action of pre-established stakeholders, including the National Coordinator, the multidisciplinary taskforce, the Public Prosecutor and the team of detectives in charge of investigating cases of trafficking and migrant smuggling, and to provide the necessary services to possible victims of trafficking. The CMMA has three main tasks: information, education and assistance and is also responsible for a 24/7 hotline which shares information and responds to requests of assistance. The Committee also notes from the information contained in the Background Notes-Trafficking in Persons, August 2020, by the Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela ((R4V), including UN agencies), that, in Aruba, while trafficking networks linked to Aruba’s tourism-dependent economy continue to trick vulnerable individuals into exploitation, the identification of victims is declining. The Government did not report identifying any victims of trafficking in 2019, in a stark contrast to the 71 identified victims in 2017. The Committee also notes from this report that the Government established an interdepartmental and interdisciplinary task force under the Ministry of Justice and issued a National Anti-Trafficking Action Plan 2018-2022 to prevent trafficking, protect victims and prosecute offenders.The Committee requests the Government to provide detailed information on the measures taken, particularly by the CMMA and within the framework of the National Anti-Trafficking Action Plan 2018-2022, to prevent trafficking in persons; strengthen the identification of victims of trafficking in persons, both for sexual and labour exploitation; and provide them with appropriate assistance. It also requests the Government to provide information on the action undertaken by the Public Prosecutor and the team of detectives in charge of investigating cases of trafficking, including statistical data on legal proceedings initiated, convictions handed down and penalties imposed for cases of trafficking in persons, under section 286(a) and other relevant provisions of the Criminal Code.

2. Vulnerable situation of refugees and migrant workers from Venezuela. The Committee notes that according to the United Nations High Commissioner for Refugees (UNHCR) Fact Sheet of February-March 2021, there are an estimated 17,000 Venezuelan refugees and migrants in Aruba which has a total population of just over 100,000. According to the 2021 Refugee and Migrant Response Plan (RMRP) of the R4V, many Venezuelans in Aruba have lost guarantors for work permits due to the economic crisis resulting from COVID-19, which forced the closure of businesses. As such, many refugees and migrants who had been on the island for lengthy periods with regular status, now risk being in irregular situations. According to the RMRP, obstacles to accessing asylum and regularization are likely to contribute to increased vulnerabilities and heightened risks of exploitation and abuse of the Venezuelans. In addition to food insecurity, malnutrition and the need for safe shelter, these groups are also particularly vulnerable to exploitative labour practices which risk their health and wellbeing.The Committee requests the Government to provide information on the measures taken or envisaged to address the vulnerable situation of Venezuelan refugees and migrant workers with a view to prevent them from being trapped in abusive and exploitative situations that could amount to forced labour.

Article 25. Application of penal sanctions for the exaction of forced labour. In reply to the Committee’s previous request for information on complaints related to forced labour and any penalties imposed as a consequence, the Government indicates in its report that it is currently finalizing policies regarding appropriate and sufficiently dissuasive sanctions for violations related to forced labour. The Government further specifies that there have been no claimants or third party claims of any exaction of forced labour attended by the Department of Labour nor any cases that resulted in any prosecution or penal sanctions.The Committee requests the Government to provide information on the policies envisaged to ensure that the exaction of forced labour is punishable with appropriate and sufficiently dissuasive penalties indicating any changes brought to the legislation in this regard and its application in practice. It also requests the Government to continue to supply information on complaints related to forced labour and any penalties imposed as a consequence.

Article 2(2)(c). Legislation governing prison services. Referring to its previous comments on the entry into force of Ordinance Penitentiary Regulations (No. 75 of 2005), the Committee notes the Government’s indication that it is currently working on the decrees that will give effect to different stipulations corresponding to this ordinance, after which it shall be moved forward for the entry into force.The Committee requests the Government to provide information on the entry into force of the Ordinance Penitentiary Regulations and its implementing texts. In the meantime, the Committee requests the Government to indicate the provisions regulating the conditions of work of sentenced prisoners, specifying if they are under an obligation to perform work inside or outside the prison premises and if this is the case for which entities such work could be undertaken.

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes that according to the information available from the website of the Coordination Center for Human Trafficking and Smuggling (CMMA), the Center is the central point of contact on the subject of Human Trafficking and Migrant Smuggling. The Center was created in 2019 to coordinate the action of pre-established stakeholders, including the National Coordinator, the multidisciplinary taskforce, the Public Prosecutor and the team of detectives in charge of investigating cases of trafficking and migrant smuggling, and to provide the necessary services to possible victims of trafficking. The CMMA has three main tasks: information, education and assistance and is also responsible for a 24/7 hotline which shares information and responds to requests of assistance.

The Committee also notes from the information contained in the Background Notes-Trafficking in Persons, August 2020, by the Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela ((R4V), including UN agencies), that, in Aruba, while trafficking networks linked to Aruba’s tourism-dependent economy continue to trick vulnerable individuals into exploitation, the identification of victims is declining. The Government did not report identifying any victims of trafficking in 2019, in a stark contrast to the 71 identified victims in 2017. The Committee also notes from this report that the Government established an interdepartmental and interdisciplinary task force under the Ministry of Justice and issued a National Anti-Trafficking Action Plan 2018-2022 to prevent trafficking, protect victims and prosecute offenders. The Committee requests the Government to provide detailed information on the measures taken, particularly by the CMMA and within the framework of the National Anti-Trafficking Action Plan 2018-2022, to prevent trafficking in persons; strengthen the identification of victims of trafficking in persons, both for sexual and labour exploitation; and provide them with appropriate assistance. It also requests the Government to provide information on the action undertaken by the Public Prosecutor and the team of detectives in charge of investigating cases of trafficking, including statistical data on legal proceedings initiated, convictions handed down and penalties imposed for cases of trafficking in persons, under section 286(a) and other relevant provisions of the Criminal Code.

2. Vulnerable situation of refugees and migrant workers from Venezuela. The Committee notes that according to the United Nations High Commissioner for Refugees (UNHCR) Fact Sheet of February-March 2021, there are an estimated 17,000 Venezuelan refugees and migrants in Aruba which has a total population of just over 100,000. According to the 2021 Refugee and Migrant Response Plan (RMRP) of the R4V, many Venezuelans in Aruba have lost guarantors for work permits due to the economic crisis resulting from COVID-19, which forced the closure of businesses. As such, many refugees and migrants who had been on the island for lengthy periods with regular status, now risk being in irregular situations. According to the RMRP, obstacles to accessing asylum and regularization are likely to contribute to increased vulnerabilities and heightened risks of exploitation and abuse of the Venezuelans. In addition to food insecurity, malnutrition and the need for safe shelter, these groups are also particularly vulnerable to exploitative labour practices which risk their health and wellbeing. The Committee requests the Government to provide information on the measures taken or envisaged to address the vulnerable situation of Venezuelan refugees and migrant workers with a view to prevent them from being trapped in abusive and exploitative situations that could amount to forced labour.

Article 25. Application of penal sanctions for the exaction of forced labour. In reply to the Committee’s previous request for information on complaints related to forced labour and any penalties imposed as a consequence, the Government indicates in its report that it is currently finalizing policies regarding appropriate and sufficiently dissuasive sanctions for violations related to forced labour. The Government further specifies that there have been no claimants or third party claims of any exaction of forced labour attended by the Department of Labour nor any cases that resulted in any prosecution or penal sanctions. The Committee requests the Government to provide information on the policies envisaged to ensure that the exaction of forced labour is punishable with appropriate and sufficiently dissuasive penalties indicating any changes brought to the legislation in this regard and its application in practice. It also requests the Government to continue to supply information on complaints related to forced labour and any penalties imposed as a consequence.

Article 2(2)(c). Legislation governing prison services. Referring to its previous comments on the entry into force of Ordinance Penitentiary Regulations (No. 75 of 2005), the Committee notes the Government’s indication that it is currently working on the decrees that will give effect to different stipulations corresponding to this ordinance, after which it shall be moved forward for the entry into force. The Committee requests the Government to provide information on the entry into force of the Ordinance Penitentiary Regulations and its implementing texts. In the meantime, the Committee requests the Government to indicate the provisions regulating the conditions of work of sentenced prisoners, specifying if they are under an obligation to perform work inside or outside the prison premises and if this is the case for which entities such work could be undertaken.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. 1. Policies aiming at combating forced labour. In its previous comments, the Committee requested the Government to take the necessary measures to formulate policies aiming at combating forced labour.

The Committee notes the Government’s indication that one of the main advancements in combating forced labour is translating the policy of giving more authority to labour inspectors into the new ordinance for administrative enforcement that came into effect on 1 April 2013, as communicated under the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to continue to take the necessary measures to adopt policies that tackle forced labour practices. The Committee requests the Government to supply copies of any action plan, programme or legislation in this regard.

2. Application of penal sanctions for the exaction of forced labour. In its previous comments, the Committee requested the Government to continue to provide information on complaints related to forced labour.

The Committee notes the Government’s reference to the case of an employer who allegedly violated various laws on working hours, weekly rest, rest periods, overtime and payment for working on holidays. The inspector paid a visit to the employer but, as it was a first violation, the employer was given the opportunity to remedy the situation. The inspectors are pending a follow-up visit to verify compliance with the laws. The Committee requests the Government to continue to provide information on complaints related to forced labour, indicating the penalties imposed in this regard. The Committee also requests the Government to supply copies of relevant court decisions as regards such complaints.

Article 2(2)(c). Legislation governing prison services. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations (No. 75 of 2005) come into force.

The Committee notes the Government’s indication that the bill to declare the Ordinance Penitentiary Regulations into force is currently in the hands of the Advisory Council. After review by the Advisory Council, the Government will have the opportunity to make adjustments to the bill, if deemed necessary, and then submit it to the Parliament. While noting this information, the Committee once again requests the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations come into force in the near future and requests it to provide information on the progress made in this regard.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. 1. Policies aiming at combating forced labour. In its previous comments, the Committee requested the Government to take the necessary measures to formulate policies aiming at combating forced labour.

The Committee notes the Government’s indication that one of the main advancements in combating forced labour is translating the policy of giving more authority to labour inspectors into the new ordinance for administrative enforcement that came into effect on 1 April 2013, as communicated under the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to continue to take the necessary measures to adopt policies that tackle forced labour practices. The Committee requests the Government to supply copies of any action plan, programme or legislation in this regard.

2. Application of penal sanctions for the exaction of forced labour. In its previous comments, the Committee requested the Government to continue to provide information on complaints related to forced labour.

The Committee notes the Government’s reference to the case of an employer who allegedly violated various laws on working hours, weekly rest, rest periods, overtime and payment for working on holidays. The inspector paid a visit to the employer but, as it was a first violation, the employer was given the opportunity to remedy the situation. The inspectors are pending a follow-up visit to verify compliance with the laws. The Committee requests the Government to continue to provide information on complaints related to forced labour, indicating the penalties imposed in this regard. The Committee also requests the Government to supply copies of relevant court decisions as regards such complaints.

Article 2(2)(c). Legislation governing prison services. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations (No. 75 of 2005) come into force.

The Committee notes the Government’s indication that the bill to declare the Ordinance Penitentiary Regulations into force is currently in the hands of the Advisory Council. After review by the Advisory Council, the Government will have the opportunity to make adjustments to the bill, if deemed necessary, and then submit it to the Parliament. While noting this information, the Committee once again requests the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations come into force in the near future and requests it to provide information on the progress made in this regard.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. 1. Policies aiming at combating forced labour. In its previous comments, the Committee requested the Government to take the necessary measures to formulate policies aiming at combating forced labour.

The Committee notes the Government’s indication that one of the main advancements in combating forced labour is translating the policy of giving more authority to labour inspectors into the new ordinance for administrative enforcement that came into effect on 1 April 2013, as communicated under the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to continue to take the necessary measures to adopt policies that tackle forced labour practices. The Committee requests the Government to supply copies of any action plan, programme or legislation in this regard.

2. Application of penal sanctions for the exaction of forced labour. In its previous comments, the Committee requested the Government to continue to provide information on complaints related to forced labour.

The Committee notes the Government’s reference to the case of an employer who allegedly violated various laws on working hours, weekly rest, rest periods, overtime and payment for working on holidays. The inspector paid a visit to the employer but, as it was a first violation, the employer was given the opportunity to remedy the situation. The inspectors are pending a follow-up visit to verify compliance with the laws. The Committee requests the Government to continue to provide information on complaints related to forced labour, indicating the penalties imposed in this regard. The Committee also requests the Government to supply copies of relevant court decisions as regards such complaints.

Article 2(2)(c). Legislation governing prison services. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations (No. 75 of 2005) come into force.

The Committee notes the Government’s indication that the bill to declare the Ordinance Penitentiary Regulations into force is currently in the hands of the Advisory Council. After review by the Advisory Council, the Government will have the opportunity to make adjustments to the bill, if deemed necessary, and then submit it to the Parliament. While noting this information, the Committee once again requests the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations come into force in the near future and requests it to provide information on the progress made in this regard.

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Articles 1(1), 2(1) and 25 of the Convention. 1. Policies aiming at combating forced labour. In its previous comments, the Committee requested the Government to take the necessary measures to formulate policies aiming at combating forced labour.

The Committee notes the Government’s indication that one of the main advancements in combating forced labour is translating the policy of giving more authority to labour inspectors into the new ordinance for administrative enforcement that came into effect on 1 April 2013, as communicated under the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to continue to take the necessary measures to adopt policies that tackle forced labour practices. The Committee requests the Government to supply copies of any action plan, programme or legislation in this regard.

2. Application of penal sanctions for the exaction of forced labour. In its previous comments, the Committee requested the Government to continue to provide information on complaints related to forced labour.

The Committee notes the Government’s reference to the case of an employer who allegedly violated various laws on working hours, weekly rest, rest periods, overtime and payment for working on holidays. The inspector paid a visit to the employer but, as it was a first violation, the employer was given the opportunity to remedy the situation. The inspectors are pending a follow-up visit to verify compliance with the laws. The Committee requests the Government to continue to provide information on complaints related to forced labour, indicating the penalties imposed in this regard. The Committee also requests the Government to supply copies of relevant court decisions as regards such complaints.

Article 2(2)(c). Legislation governing prison services. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations (No. 75 of 2005) come into force.

The Committee notes the Government’s indication that the bill to declare the Ordinance Penitentiary Regulations into force is currently in the hands of the Advisory Council. After review by the Advisory Council, the Government will have the opportunity to make adjustments to the bill, if deemed necessary, and then submit it to the Parliament. While noting this information, the Committee once again requests the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations come into force in the near future and requests it to provide information on the progress made in this regard.

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Articles 1(1) and 2(1) of the Convention. Policies aiming at combating forced or compulsory labour. The Committee previously asked the Government to provide information on the measures taken or envisaged in order to develop policies aiming at combating forced labour. The Committee notes the Government’s statement that no progress has been made in this regard, but due to a recent complaint received by the Labour Department concerning a potential example of forced labour, the Government will make efforts to deal with this matter urgently. The Committee expresses the hope that the Government will take the necessary measures to formulate policies aiming at combating forced labour. The Committee requests the Government to provide information on the progress achieved in this regard in its next report.

Article 2(2)(c). Legislation governing prison services. In its previous comments, the Committee noted the adoption of the National Regulations on Principles relating to Prisons of 13 December 2005, but that according to the Government’s indication these Regulations had not yet come into force. The Committee, once again notes the Government’s statement that the Ordinance Penitentiary Regulations (No. 75 of 2005) have still not come into force. The Committee requests the Government to take the necessary measures to ensure that the Ordinance Penitentiary Regulations will come into force in the near future and requests it to provide information on the progress made in this regard.

Article 25. Application of penal sanctions for the exaction of forced or compulsory labour. In its previous comments, the Committee requested the Government to provide information on the practical application of sanctions for the illegal imposition of forced labour. The Committee notes the Government’s reference to a case of a foreign worker who presented a claim against his employer for failure to pay him his wage and for forcing him to work extremely long hours without compensation, as a case of forced labour although the employer was not fined and no penal prosecution was deemed necessary. It also notes the comments of the Aruban Workers’ Federation that the worker did not file penal charges against the employer. In this regard, the Government confirms that the worker did not file charges with the Prosecutor. The Committee hopes that the Government will continue to provide information on complaints related to forced labour, particularly information on the penalties imposed, as well as copies of the relevant court decisions, if any.

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Articles 1(1) and 2(1) of the Convention. Policies aiming at combating forced or compulsory labour. The Committee previously noted the Government’s statement in its report that the true extent of forced labour in Aruba was not known, which was a major obstacle in developing policies directed explicitly to combat it. The Government also indicated that no progress had been made in promoting collaboration between the Labour Department and the Department of Legislation and Legal Affairs in formulating policies regarding forced labour. In its latest report, the Government reiterates that no progress has been made in this regard. The Committee hopes that the Government will soon be able to provide information on the measures taken or envisaged to this end and requests the Government to indicate the progress achieved in its next report.

Article 2(2)(c). Legislation governing prisons services. The Committee notes the adoption of the National Regulations on principles relating to prisons of 13 December 2005. It notes the Government’s indication in the report that these Regulations have not yet come into force. The Committee requests the Government to keep the Office informed of the developments.

Article 25. Application of penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously requested information on practical application of sanctions for the illegal imposition of forced labour, having regard especially to the question of foreign workers. It notes the Government’s indication in its report that no complaints related to forced labour have been submitted to the Labour Department and no legal proceedings have been instituted as a consequence of the illegal exaction of forced or compulsory labour during the reporting period. The Committee hopes that such information will be provided by the Government, as soon as it becomes available, and that it will include information on the penalties imposed, as well as copies of the relevant court decisions.

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Articles 1(1) and 2(1) of the Convention. Policies aiming at combating forced or compulsory labour. In its previous comments, the Committee noted the Government’s statement that the true extent of forced labour in Aruba was not known, which was a major obstacle in developing policies directed explicitly to combat it. The Committee notes the Government’s indication in its report that no progress has been made in promoting collaboration between the Labour Department and the Department of Legislation and Legal Affairs in formulating policies regarding forced labour and hopes that the Government will provide, in its next report, information on the measures taken or envisaged in this direction.

Article 2(2)(c). Legislation governing prison services. The Committee previously noted the Government’s indication that the draft Ordinance and regulations regarding prison services were in Parliament for approval. It has noted from the Government’s latest report that these texts have not yet been adopted and requests the Government to supply a copy, as soon as they are approved by Parliament.

Article 25. Application of penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee requested information on cases of practical application of sanctions for the illegal imposition of forced labour, having regard especially to the question of foreign workers. It noted the Government’s indication in its previous report that there had been no accounts of forced or compulsory labour registered over the reporting period. As the Government’s reports contains no new information on this issue, the Committee requests the Government to indicate, in its next report, whether any complaints related to forced labour have been submitted to the Labour Department and whether any legal proceedings have been instituted as a consequence of the illegal exaction of forced or compulsory labour and, if so, to provide information on the penalties imposed, supplying extracts of relevant court decisions.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2(2)(c) of the Convention. The Committee previously asked the Government to provide a copy of the new Ordinance and regulations regarding prison services. It notes the Government’s statement in the report that the draft Ordinance and regulations are currently in the Parliament for approval and hopes that the Government will supply a copy as soon as they are adopted.

Article 25. In its earlier comments, the Committee requested information on cases of practical application of sanctions for the illegal imposition of forced labour, having regard especially to the question of foreign workers. It notes the Government’s indication in the report that there have been no accounts of forced or compulsory labour registered over the reporting period. The Government states, however, that the true extent of forced labour in Aruba is not known, which is a major obstacle in developing policies directed explicitly to combat it, and that both the Labour Department and the Department of General and Judicial Affairs must work together in this effort. The Committee hopes that the Government will provide, in its next report, information on the measures taken or envisaged in this direction. Please also continue to supply information regarding complaints related to forced labour submitted to the Labour Department, including extracts of relevant court decisions.

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The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, the information on provisions concerning the freedom of workers, including public servants, to leave their employment by giving notice of reasonable length. The Committee also notes the Government’s reply to its general observation of 2000 concerning measures to combat trafficking in persons.

Article 2(2)(c) of the Convention. The Committee previously asked the Government to provide a copy of the new Ordinance and regulations regarding prison services. It notes the Government’s statement in the report that the draft Ordinance and regulations are currently in the Parliament for approval and hopes that the Government will supply a copy as soon as they are adopted.

Article 25. In its earlier comments, the Committee requested information on cases of practical application of sanctions for the illegal imposition of forced labour, having regard especially to the question of foreign workers. It notes the Government=s indication in the report that there have been no accounts of forced or compulsory labour registered over the reporting period. The Government states, however, that the true extent of forced labour in Aruba is not known, which is a major obstacle in developing policies directed explicitly to combat it, and that both the Labour Department and the Department of General and Judicial Affairs must work together in this effort. The Committee hopes that the Government will provide, in its next report, information on the measures taken or envisaged in this direction. Please also continue to supply information regarding complaints related to forced labour submitted to the Labour Department, including extracts of relevant court decisions.

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The Committee notes with regret that no report has been received from the Government for the third year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 1(1) and Article 2(1) of the Convention. Referring to its observation of satisfaction made in 1998 on the application of the Convention in the Netherlands, the Committee requests the Government to supply in its next report information on the freedom of workers in general as well as government officials and military officers in Aruba to leave their employment by giving notice of reasonable length.

2. Article 2(2)(c). In its earlier comments the Committee asked the Government to provide a copy of the new ordinance and regulations regarding prison services. It has notes the Government’s statement in the report that the ordinance has not yet been made public and requests the Government to supply a copy of the ordinance and regulations as soon as they are adopted.

3. Article 25. The Committee previously requested information on cases of practical application of sanctions for the illegal imposition of forced labour, having regard especially to the question of foreign workers. It notes from the Government’s report that the Public Employees Union of Aruba (SEPA) urges the Government to maintain a separate registration of complaints submitted to the Labour Department by foreigners as regards matters covered by the Convention. The SEPA has also mentioned a "Beta-hotel case" as an example of forced labour, though there was no court decision on that case. The Committee requests the Government to provide more detailed information on the matter and to supply extracts of court decisions as regards complaints related to forced labour submitted to the Labour Department, which are referred to by the Government as attached to its report, but have not been received by the ILO.

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The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

 1. Article 1(1) and Article 2(1) of the Convention. Referring to its observation of satisfaction made in 1998 on the application of the Convention in the Netherlands, the Committee requests the Government to supply in its next report information on the freedom of workers in general as well as government officials and military officers in Aruba to leave their employment by giving notice of reasonable length.

 2. Article 2(2)(c). In its earlier comments the Committee asked the Government to provide a copy of the new ordinance and regulations regarding prison services. It has notes the Government’s statement in the report that the ordinance has not yet been made public and requests the Government to supply a copy of the ordinance and regulations as soon as they are adopted.

 3. Article 25. The Committee previously requested information on cases of practical application of sanctions for the illegal imposition of forced labour, having regard especially to the question of foreign workers. It notes from the Government’s report that the Public Employees Union of Aruba (SEPA) urges the Government to maintain a separate registration of complaints submitted to the Labour Department by foreigners as regards matters covered by the Convention. The SEPA has also mentioned a "Beta-hotel case" as an example of forced labour, though there was no court decision on that case. The Committee requests the Government to provide more detailed information on the matter and to supply extracts of court decisions as regards complaints related to forced labour submitted to the Labour Department, which are referred to by the Government as attached to its report, but have not been received by the ILO.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

1.   Article 1(1) and Article 2(1) of the Convention.  Referring to its observation of satisfaction made in 1998 on the application of the Convention in the Netherlands, the Committee requests the Government to supply in its next report information on the freedom of workers in general as well as government officials and military officers in Aruba to leave their employment by giving notice of reasonable length.

2.   Article 2(2)(c).  In its earlier comments the Committee asked the Government to provide a copy of the new ordinance and regulations regarding prison services. It has notes the Government’s statement in the report that the dordinance has not yet been made public and requests the Government to supply a copy of the ordinance and regulations as soon as they are adopted.

3.   Article 25.  The Committee previously requested information on cases of practical application of sanctions for the illegal imposition of forced labour, having regard especially to the question of foreign workers. It notes from the Government’s report that the Public Employees Union of Aruba (SEPA) urges the Government to maintain a separate registration of complaints submitted to the Labour Department by foreigners as regards matters covered by the Convention. The SEPA has also mentioned a "Beta-hotel case" as an example of forced labour, though there was no court decision on that case. The Committee requests the Government to provide more detailed information on the matter and to supply extracts of court decisions as regards complaints related to forced labour submitted to the Labour Department, which are referred to by the Government as attached to its report, but have not been received by the ILO.

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1. The Committee notes the information provided by the Government in its report. It notes the Government's explanations concerning the use of the armed forces in cases of emergency and takes due note of the Calamities Regulation, 1989, supplied by the Government.

2. Article 1(1) and Article 2(1) of the Convention. Referring to its observation of satisfaction made in 1998 on the application of the Convention in the Netherlands, the Committee requests the Government to supply in its next report information on the freedom of workers in general as well as government officials and military officers in Aruba to leave their employment by giving notice of reasonable length.

3. Article 2(2)(c). In its previous comments the Committee asked the Government to provide a copy of the new ordinance and regulations regarding prison services. It notes the Government's statement in the report that the ordinance has not yet been made public and requests the Government to supply a copy of the ordinance and regulations as soon as they are adopted.

4. Article 25. The Committee previously requested information on cases of practical application of sanctions for the illegal imposition of forced labour, having regard especially to the question of foreign workers. It notes from the Government's report that the Public Employees Union of Aruba (SEPA) urges the Government to maintain a separate registration of complaints submitted to the Labour Department by foreigners as regards matters covered by the Convention. The SEPA has also mentioned a "Beta-hotel case" as an example of forced labour, though there was no court decision on that case. The Committee requests the Government to provide more detailed information on the matter and to supply extracts of court decisions as regards complaints related to forced labour submitted to the Labour Department, which are referred to by the Government as attached to its report, but have not been received by the ILO.

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The Committee has noted the information in the Government's report.

Article 1(1) and Article 2(1) and 2(a) and (d) of the Convention. The Committee notes that the effect of articles V.27 and V.28 of the Constitution of Aruba appears to be that persons conscripted into the armed forces may be compelled in extraordinary circumstances to carry out non-military functions. It refers to the difficulties arising in such conditions, as discussed in paragraphs 49 to 53 and 63 to 66 of its 1979 General Survey on forced labour, and would be glad if the Government would supply copies of any implementing legislation and the mode of its practical application.

Article 2(2)(c). Please provide a copy of the new Ordinance and regulations proposed regarding prison services.

Article 25. Please provide information on cases of practical application of sanctions for the illegal imposition of forced labour, having regard especially to the question of foreign workers.

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The Committee has noted the Government's indication in its report received in 1994 that no measures had been taken to give effect, by means of legislative, administrative or any other action, to the provisions of the Convention. It has also noted the difficulties in fulfilling reporting obligations mentioned by the Government in its report. In the absence of a reply to its earlier comments, the Committee hopes that a report on the application of the Convention will be supplied for consideration at its next meeting, and that it will contain information on the following point raised in its previous direct request:

Article 25 of the Convention. The Committee noted the observation by the Federation of Aruba Workers (Federacion di Trahadornan di Aruba) that apparently a recruiting agent from Colombia supplied a local hotel with workers, but that these were obliged to perform work after their eight-hour shift at the hotel for a bakery. The Federation stated that due to the increased demand for workers on the island, it has observed that there are many recruiting agents operating.

The Committee again requests the Government to provide information regarding these allegations and on any measures taken or envisaged to control the activities of recruiting agents and the conditions in which migrant workers are recruited and employed, so as to ensure the compliance with the Convention.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 25 of the Convention. The Committee noted the observation by the Federation of Aruba Workers (Federacion di Trahadoran di Aruba) that apparently a recruiting agent from Colombia supplied a local hotel with workers, but that these were obliged to perform work after their eight-hour shift at the hotel for a bakery. The Federation stated that due to the increased demand for workers on the island, it has observed that there are many recruiting agents operating.

The Committee again requests the Government to provide information regarding these allegations and on any measures taken or envisaged to control the activities of recruiting agents and the conditions in which migrant workers are recruited and employed, so as to ensure compliance with the Conventions.

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Article 25 of the Convention. The Committee notes the observation by the Federation of Aruba Workers (Federacion di Trahadoran di Aruba) that apparently a recruiting agent from Colombia supplied a local hotel with workers, but that these were obliged to perform work after their eight-hour shift at the hotel for a bakery. The Federation states that due to the increased demand for workers on the island, it has observed that there are many recruiting agents operating.

The Committee requests the Government to provide information regarding these allegations and on any measures taken or envisaged to control the activities of recruiting agents and the conditions in which migrant workers are recruited and employed, so as to ensure compliance with the Convention.