Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Curaçao

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Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously took note of section 2:239 of the Penal Code of Curaçao of 2011, which prohibits trafficking in persons for the purposes of labour and sexual exploitation and provides for imprisonment of up to nine years or a fine, and imprisonment of up to 12 years or a fine in cases where the victim has not reached the age of 16 years. The Committee further takes note, from the Government’s report, of the adoption of the Human Trafficking and Human Smuggling Directive, 2019, which elaborates on the core concepts and punishments for these acts and serves as a guide for the Office of the Public Prosecutor in terms of sentencing. The Committee once again requests the Government to provide information on the application in practice of section 2:239 of the Penal Code of 2011, as regards the nature and number of offences relating to the trafficking of children under 18 years of age reported, the number of investigations and prosecutions carried out and the nature and number of penalties imposed. It also requests the Government to provide a copy of the Human Trafficking and Human Smuggling Directive, 2019.

Clauses (b) and (c). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances and for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that underage prostitution (under 18 years) is illegal in Curaçao. The Committee also notes the Government’s indication that while the use, procuring or offering of a child for pornography or pornographic performances or for illicit activities are not explicitly prohibited in the Penal Code, they are included in the Human Trafficking and Human Smuggling Directive, 2019, as types of exploitation which are “presumably” severely punishable, at the discretion of the Office of the Public Prosecutor. The Committee observes, therefore, that the use, procuring or offering of a child for the production of pornography or pornographic performances or for illicit activities, in particular the production and trafficking of drugs, appear to be prohibited in the context of the offence of trafficking in persons. The Committee also notes that the Office of the Public Prosecutor could choose to pursue penalties for these types of exploitation. The Committee requests the Government to provide information on the application in practice of the Human Trafficking and Human Smuggling Directive, 2019, as regards the offences related to the use, procuring or offering of a child for the production of pornography or pornographic performances or for illicit activities, in particular the production and trafficking of drugs, and to provide information on the number and nature of penalties imposed against the perpetrators of these offences.

Clause (d) and Article 4. Hazardous work and determination of hazardous work. Following its previous comments, the Committee takes due note of the Employment Decree for Juveniles, in application of section 17(1) of the Labour Regulation of 1952, which contains a detailed list of types of hazardous work prohibited to juveniles. It observes, however, that the Government provides no information on the order that should be issued in application of section 21(1) and (2) of the more recent Labour Ordinance of 2000, which shall determine the types of work to be classified as dangerous. The Committee requests the Government to indicate whether the Labour Regulation of 1952, and the Employment Decree for Juveniles that accompanies it, are still in force, in view of the more recent Labour Ordinance of 2000. It also requests the Government to indicate if a list of hazardous types of work prohibited to young persons under the age of 18 years has been adopted pursuant to section 21(2) of the Labour Ordinance of 2000 and, if so, to communicate a copy of it with its next report.

Article 5. Monitoring mechanisms and application of the Convention in practice. The Committee notes the Government’s information according to which the Labour Inspectorate, as part of a multidisciplinary team consisting of several ministries and governmental services, such as the police, as well as in cooperation with the Inspectorate on Compulsory Education, has not registered cases on child labour. Moreover, the Committee notes the Government’s information, according to which the officials of the Commission on Trafficking of Persons, which includes the Labour Inspectorate, receive trainings on an annual basis to identify signs of trafficking, for both adults and child victims. The Committee further notes that, according to according to the Interagency Coordination Platform for Refugees and Migrants (R4V) (Background Notes – Caribbean – June 2021), the Government established a Counter-Trafficking National Task Force. The Committee requests the Government to provide detailed information on the activities carried out by the Commission on Trafficking of Persons and by the Counter-Trafficking National Task Force to monitor the trafficking of children for labour and commercial sexual exploitation, and to provide information on the number and nature of violations detected in this regard.

Article 6. Programmes of action.  Programme on the worst forms of child labour. The Committee notes the Government’s information that efforts to develop a programme on the worst forms of child labour, by the Ministries of Social Development Labour and Welfare, Justice and Education, which had been halted due to COVID-19, will be resumed soon. The Committee requests the Government to provide information on the progress made in developing and adopting the programme on the worst forms of child labour, and to provide information on its objectives and implementation, once adopted.

Trafficking. The Committee notes that, according to R4V (Background Notes – Caribbean – June 2021), the Government established a Counter Trafficking national action plan (2017–22). The Committee requests the Government to provide information on the results achieved from the implementation of the Counter-Trafficking national action plan 2017–22, and to indicate whether a renewal of this action plan is envisaged.

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. In its previous comments, the Committee had noted that, in 2018, the primary school enrolment rate was 97 per cent and the secondary school enrolment rate was 77 per cent. The Committee notes the Government’s information according to which results achieved through the implementation of the National Development Plan (NDP) 2015–30 include the establishment of a tripartite Council of Education and Labour (CEL). The CEL has completed a major project regarding the uniformity of the “Final Curriculum Terms” to help students successfully finalize the secondary level education. The Committee requests the Government to continue providing information on the measures taken tofacilitate access to free basic education, in the framework of the NDP and through the action of the CEL, or through any other measures. It also requests the Government to provide information on the progress made in terms of increasing the school enrolment rates, in particular at the lower secondary level.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes, from the response of 13 November 2020 of the Kingdom of the Netherlands to the joint letter of several Special Rapporteurs which expressed their concern about the existence of consolidated trafficking routes and networks operating between Venezuela and Curaçao, that the Public Prosecutor’s Office in Curaçao has, in close collaboration with the Ministry of Justice, other relevant (law enforcement) organizations and the International Organization for Migration (IOM), put in place a Standard Operating Procedure (SOP). The aim of SOP is to provide guidance for stakeholders responsible for identifying victims of trafficking and providing assistance and protection to those victims, including children. The SOP describes the overall process, including specific steps, to ensure that all stakeholders act efficiently and effectively in response to human trafficking and consists of the following phases: identification, protection, assistance, referral, investigation, and return to country of origin. Furthermore, the SOP provides standards to ensure a victim-centred approach throughout the processes.

In this regard, the Committee also takes note of the Government’s indication that a new Manual for the reception and support of victims of trafficking has been developed, in cooperation with the Victim Assistance Office and the Guardianship Board, which includes the protocol on the child-sensitive approach to adopt with regard to child victims of trafficking. Among other things, the Guardianship Board arranges, where necessary, a shelter in a boarding school where meals, medical care and psychological assistance is provided. The Government indicates, however, that no cases of child victims of trafficking have been registered yet on the island. The Committee requests the Government to continue to provide information on the activities of the Victim Assistance Office for Victims of Trafficking in Persons and other relevant stakeholders, as identified by the SOP, with regard to the identification, removal, rehabilitation and social integration of child victims of trafficking. It also requests the Government to continue to provide information on the number of child victims of trafficking who have been removed and provided with assistance.