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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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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.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Article 3. 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 previously noted that section 49(1)(b) of the Penal Code penalizes a person who, through gifts, promises, abuse of authority, violence, threat or deception or, through providing an opportunity, the means or information, deliberately provokes an offence. It noted the Government’s information that causing a child to commit an illegal activity falls under the provisions of section 49(1)(b) of the Penal Code dealing with criminal perpetration. The Committee requested the Government to provide information on any prosecutions and convictions made under section 49(1)(b) of the Penal Code with regard to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

The Committee notes the Government’s information in its report that from 2015 to May 2020 there were no cases regarding the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs. The Committee, however notes from the UNODC World Drug Report of 2021 that western Caribbean and Caribbean routes remain the main cocaine trafficking routes from Colombia to the north. It also notes that the Committee on the Rights of the Child, in its concluding observations of 2015, expressed concern at the large numbers of children engaged in tobacco and marijuana abuse (CRC/C/NLD/CO/4 paragraph 46).In this regard, the Committee requests the Government to indicate the measures taken or envisaged, both in law and in practice, to protect children under the age of 18 years from becoming engaged in offences related to drug trafficking. It also requests the Government to continue providing information on the application in practice of section 49(1)(b) of the Penal Code in relation to the using or procuring of children for drug-related offences.

Articles 3(d) and 4(1). Determination of hazardous work.  With regard to the comments made by the Committee under the Minimum Age Convention, 1973 (No.138) concerning the implementation of the Ministerial Decree No. 78 of 2013, the Committee notes the Government’s information that there were no incidents of violations registered regarding young persons engaged in hazardous work during June 2015 to May 2020.

Article 7(2) of the Convention. 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 information provided by the Government in its report of 2020 under the Minimum Age Convention, 1973 (No. 138) that all children aged between four and 16 residing legally or illegally in Aruba are entitled to compulsory education under the Compulsory Education Act of 2012. The Committee, however, notes that according to the 2021 Refugee and Migrant Response Plan (RMRP) of the Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (R4V), including UN agencies), there are still challenges in guaranteeing quality education to children of refugees and migrants from Venezuela, especially with the changed educational pattern due to COVID-19. This report indicates that the costs of connectivity, computer equipment, school supplies, uniforms, and the lack of information for parents on enrolment procedures often discourage families from enrolling their children in schools. Moreover, the administrative or practical barriers to school enrolment places families with irregular status or limited financial means at a disadvantage.The Committee 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 that according to the 2021 RMRP of the R4V, since 2018, the five countries of the Sub-region, including Aruba, hosted an increasing number of refugees and migrants from Venezuela, as well as significant numbers of Guyanese descendants returning from Venezuela. This report also states that due to the COVID-19 containment measures, many of these groups, in particular unaccompanied and separated children are vulnerable to trafficking and exploitative labour practices.The Committee requests the Government to take effective and time-bound measures to ensure that refugee, migrant and unaccompanied children are protected from the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard.

Application of the Convention in practice. The Committee notes the absence of any statistical data on the number of children engaged in the worst forms of child labour in Aruba.

The Committee notes the Government’s indication in its Combined fifth and sixth periodic reports of May 2021 submitted to the Committee on the Rights of the Child that quantitative data, disaggregated by age, gender and nationality, on the situation of children and young persons and covering matters such as education and employment status, is collected in the Youth Monitor. The Government also indicated in this report that the Youth Monitor is updated on a regular basis and is due to be published in the near future (CRC/C/NLD/5-6, paragraphs 242 and 250).The Committee requests the Government to provide a copy of the Youth Monitor, once published. It also 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.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3. 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 previously noted that section 49(1)(b) of the Penal Code penalizes a person who, through gifts, promises, abuse of authority, violence, threat or deception or, through providing an opportunity, the means or information, deliberately provokes an offence. It noted the Government’s information that causing a child to commit an illegal activity falls under the provisions of section 49(1)(b) of the Penal Code dealing with criminal perpetration. The Committee requested the Government to provide information on any prosecutions and convictions made under section 49(1)(b) of the Penal Code with regard to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

The Committee notes the Government’s information in its report that from 2015 to May 2020 there were no cases regarding the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs. The Committee, however notes from the UNODC World Drug Report of 2021 that western Caribbean and Caribbean routes remain the main cocaine trafficking routes from Colombia to the north. It also notes that the Committee on the Rights of the Child, in its concluding observations of 2015, expressed concern at the large numbers of children engaged in tobacco and marijuana abuse (CRC/C/NLD/CO/4 paragraph 46). In this regard, the Committee requests the Government to indicate the measures taken or envisaged, both in law and in practice, to protect children under the age of 18 years from becoming engaged in offences related to drug trafficking. It also requests the Government to continue providing information on the application in practice of section 49(1)(b) of the Penal Code in relation to the using or procuring of children for drug-related offences.

Articles 3(d) and 4(1). Determination of hazardous work.  With regard to the comments made by the Committee under the Minimum Age Convention, 1973 (No.138) concerning the implementation of the Ministerial Decree No. 78 of 2013, the Committee notes the Government’s information that there were no incidents of violations registered regarding young persons engaged in hazardous work during June 2015 to May 2020.

Article 7(2) of the Convention. 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 information provided by the Government in its report of 2020 under the Minimum Age Convention, 1973 (No. 138) that all children aged between four and 16 residing legally or illegally in Aruba are entitled to compulsory education under the Compulsory Education Act of 2012. The Committee, however, notes that according to the 2021 Refugee and Migrant Response Plan (RMRP) of the Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (R4V), including UN agencies), there are still challenges in guaranteeing quality education to children of refugees and migrants from Venezuela, especially with the changed educational pattern due to COVID-19. This report indicates that the costs of connectivity, computer equipment, school supplies, uniforms, and the lack of information for parents on enrolment procedures often discourage families from enrolling their children in schools. Moreover, the administrative or practical barriers to school enrolment places families with irregular status or limited financial means at a disadvantage. The Committee 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 that according to the 2021 RMRP of the R4V, since 2018, the five countries of the Sub-region, including Aruba, hosted an increasing number of refugees and migrants from Venezuela, as well as significant numbers of Guyanese descendants returning from Venezuela. This report also states that due to the COVID-19 containment measures, many of these groups, in particular unaccompanied and separated children are vulnerable to trafficking and exploitative labour practices. The Committee requests the Government to take effective and time-bound measures to ensure that refugee, migrant and unaccompanied children are protected from the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard.

Application of the Convention in practice. The Committee notes the absence of any statistical data on the number of children engaged in the worst forms of child labour in Aruba.

The Committee notes the Government’s indication in its Combined fifth and sixth periodic reports of May 2021 submitted to the Committee on the Rights of the Child that quantitative data, disaggregated by age, gender and nationality, on the situation of children and young persons and covering matters such as education and employment status, is collected in the Youth Monitor. The Government also indicated in this report that the Youth Monitor is updated on a regular basis and is due to be published in the near future (CRC/C/NLD/5-6, paragraphs 242 and 250). The Committee requests the Government to provide a copy of the Youth Monitor, once published. It also 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.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 3. 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 previously noted that section 49(1)(b) of the Penal Code penalizes a person who, through gifts, promises, abuse of authority, violence, threat or deception or, through providing an opportunity, the means or information deliberately provokes an offence. It, however, noted that the Penal Code did not specifically prohibit the use, procuring or offering of a child under 18 in illicit activities, in particular the production and trafficking of drugs.

The Committee notes the Government’s information that causing a child to commit an illegal activity falls under the provisions of section 49(1)(b) of the Penal Code dealing with criminal perpetration. The Committee requests the Government to provide information on any prosecutions and convictions made under section 49(1)(b) of the Penal Code with regard to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

Articles 3(d) and 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(1). Penalties. The Committee previously noted that the Penal Code penalizes forced and compulsory labour of children, the sale and trafficking of children (section 286a) and the use, procuring or offering of a child for prostitution (sections 256a and 258) or for the production of pornography or pornographic performances (section 247).

The Committee notes the Government’s information that the penalties for several offences, including offences under section 258 and 286a have been made harsher. The Committee requests the Government to provide information on the application in practice of sections 286a, 256a, 258 and 247 of the Penal Code, including the number of investigations, prosecutions, convictions and the specific penalties applied.

Application of the Convention in practice. The Committee notes the Government’s information that the new Committee established for compliance with the UN Convention on the Rights of the Child also coordinates activities against the worst forms of child labour. It also notes the information provided by the Government concerning cases related to the production, possession and dissemination of child pornography that was decided by the court. However, the Committee 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 encourages the Government to ensure that sufficient data on the number of working children under the age of 18, especially concerning children engaged in the worst forms of child labour, are made available. It also 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. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 3. 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 previously noted that section 49(1)(b) of the Penal Code penalizes a person who, through gifts, promises, abuse of authority, violence, threat or deception or, through providing an opportunity, the means or information deliberately provokes an offence. It, however, noted that the Penal Code did not specifically prohibit the use, procuring or offering of a child under 18 in illicit activities, in particular the production and trafficking of drugs.

The Committee notes the Government’s information that causing a child to commit an illegal activity falls under the provisions of section 49(1)(b) of the Penal Code dealing with criminal perpetration. The Committee requests the Government to provide information on any prosecutions and convictions made under section 49(1)(b) of the Penal Code with regard to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

Articles 3(d) and 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(1). Penalties. The Committee previously noted that the Penal Code penalizes forced and compulsory labour of children, the sale and trafficking of children (section 286a) and the use, procuring or offering of a child for prostitution (sections 256a and 258) or for the production of pornography or pornographic performances (section 247).

The Committee notes the Government’s information that the penalties for several offences, including offences under section 258 and 286a have been made harsher. The Committee requests the Government to provide information on the application in practice of sections 286a, 256a, 258 and 247 of the Penal Code, including the number of investigations, prosecutions, convictions and the specific penalties applied.

Application of the Convention in practice. The Committee notes the Government’s information that the new Committee established for compliance with the UN Convention on the Rights of the Child also coordinates activities against the worst forms of child labour. It also notes the information provided by the Government concerning cases related to the production, possession and dissemination of child pornography that was decided by the court. However, the Committee 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 encourages the Government to ensure that sufficient data on the number of working children under the age of 18, especially concerning children engaged in the worst forms of child labour, are made available. It also 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. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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 it its previous comments initially made in 2015

Repetition

Article 3. 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 previously noted that section 49(1)(b) of the Penal Code penalizes a person who, through gifts, promises, abuse of authority, violence, threat or deception or, through providing an opportunity, the means or information deliberately provokes an offence. It, however, noted that the Penal Code did not specifically prohibit the use, procuring or offering of a child under 18 in illicit activities, in particular the production and trafficking of drugs.

The Committee notes the Government’s information that causing a child to commit an illegal activity falls under the provisions of section 49(1)(b) of the Penal Code dealing with criminal perpetration. The Committee requests the Government to provide information on any prosecutions and convictions made under section 49(1)(b) of the Penal Code with regard to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

Articles 3(d) and 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(1). Penalties. The Committee previously noted that the Penal Code penalizes forced and compulsory labour of children, the sale and trafficking of children (section 286a) and the use, procuring or offering of a child for prostitution (sections 256a and 258) or for the production of pornography or pornographic performances (section 247).

The Committee notes the Government’s information that the penalties for several offences, including offences under section 258 and 286a have been made harsher. The Committee requests the Government to provide information on the application in practice of sections 286a, 256a, 258 and 247 of the Penal Code, including the number of investigations, prosecutions, convictions and the specific penalties applied.

Application of the Convention in practice. The Committee notes the Government’s information that the new Committee established for compliance with the UN Convention on the Rights of the Child also coordinates activities against the worst forms of child labour. It also notes the information provided by the Government concerning cases related to the production, possession and dissemination of child pornography that was decided by the court. However, the Committee 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 encourages the Government to ensure that sufficient data on the number of working children under the age of 18, especially concerning children engaged in the worst forms of child labour, are made available. It also 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. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3. 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 previously noted that section 49(1)(b) of the Penal Code penalizes a person who, through gifts, promises, abuse of authority, violence, threat or deception or, through providing an opportunity, the means or information deliberately provokes an offence. It, however, noted that the Penal Code did not specifically prohibit the use, procuring or offering of a child under 18 in illicit activities, in particular the production and trafficking of drugs.

The Committee notes the Government’s information that causing a child to commit an illegal activity falls under the provisions of section 49(1)(b) of the Penal Code dealing with criminal perpetration. The Committee requests the Government to provide information on any prosecutions and convictions made under section 49(1)(b) of the Penal Code with regard to the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

Articles 3(d) and 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(1). Penalties. The Committee previously noted that the Penal Code penalizes forced and compulsory labour of children, the sale and trafficking of children (section 286a) and the use, procuring or offering of a child for prostitution (sections 256a and 258) or for the production of pornography or pornographic performances (section 247).

The Committee notes the Government’s information that the penalties for several offences, including offences under section 258 and 286a have been made harsher. The Committee requests the Government to provide information on the application in practice of sections 286a, 256a, 258 and 247 of the Penal Code, including the number of investigations, prosecutions, convictions and the specific penalties applied.

Application of the Convention in practice. The Committee notes the Government’s information that the new Committee established for compliance with the UN Convention on the Rights of the Child also coordinates activities against the worst forms of child labour. It also notes the information provided by the Government concerning cases related to the production, possession and dissemination of child pornography that was decided by the court. However, the Committee 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 encourages the Government to ensure that sufficient data on the number of working children under the age of 18, especially concerning children engaged in the worst forms of child labour, are made available. It also 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. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report.

Article 3. 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 section 49(1)(b) of the Penal Code penalizes a person who, through gifts, promises, abuse of authority, violence, threat or deception or, through providing an opportunity, the means or information deliberately provokes an offence. It also notes that section 264 of the Penal Code penalizes a person who cedes or leaves a child under his or her authority below the age of 12 to another, knowing that the child will be engaged in begging. Yet, the Committee notes that the Penal Code appears not to specifically prohibit the use, procuring or offering of a child under 18 in illicit activities, in particular the production and trafficking of drugs. Recalling that, pursuant to Article 3(c) of the Convention, the involvement of a person under 18 years in illicit activities constitutes one of the worst forms of child labour, and that, pursuant to Article 1 of the Convention, member States are required to take immediate measures to prohibit these worst forms of child labour as a matter of urgency, the Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee notes the information provided by the Government, according to which it is stated that the types of hazardous work have not yet been determined and that it will communicate any progress made in this regard. Referring also to its comment under Article 3(2) of Convention No. 138, the Committee reminds the Government that, by virtue of Article 4(1) of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). This Paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. In determining the types of work to be considered as hazardous, the Committee trusts that due consideration will be given to Paragraph 3 of Recommendation No. 190. The Committee also requests the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 7(1). Penalties. The Committee notes that the Penal Code penalizes forced and compulsory labour of children, the sale and trafficking of children (section 286a) and the use, procuring or offering of a child for prostitution (sections 256a and 258) or for the production of pornography or pornographic performances (section 247). Yet the Penal Code for each of these offences prescribes penalties consisting of imprisonment or a fine. Given the seriousness of the offences and the dissuasive effect that the penalties should have, legislation providing for a fine or imprisonment might not be considered effective. The Committee therefore requests the Government to indicate how these provisions of the Penal Code have been applied in practice, providing in particular information on the specific penalties imposed on persons convicted.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication in its first report that it is at the preliminary phase of implementing the Convention and that one of the greatest challenges in this regard is the lack of apparent worst forms of child labour in Aruba. The Government states that tripartite consultations are ongoing in this regard and that it plans to include other groups, such as educational institutions. The Committee further notes that the Government indicates that, in the first place, it is tackling the issue in broad and general terms by increasing awareness on the topic through information sessions to those in contact with children, and, secondly, it is working to introduce a clear protocol for departmental and organizational cooperation for streamlining processes of assistance and of recognizing cases of child labour, informing the corresponding authorities, removing the child and finally providing the necessary psychological, medical and social care as needed. Considering the absence of information on this point in the Government’s report, the Committee encourages the Government to compile and provide accurate data on the number of working children under the age of 18, especially concerning those children engaged in the worst forms of child labour. It also 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. To the extent possible, all information provided should be disaggregated by sex and age.