Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Aruba

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Concerning the steps taken for the implementation of the National Action Plan on Human Trafficking and Migrant Smuggling (NAP 2023–2025), the Committee notes the Government`s information in its report that: (i) measures have been taken in the areas of legislation, regulations, policy and operational activities to intensify the fight against human trafficking and smuggling; and (ii) the Coordination Centre on Human Trafficking and Smuggling Aruba (CMMA) has been providing awareness and skills training, webinars, workshops and several campaigns to different groups including government, employees, civil society and private sector organizations. The Committee further notes the CMMA 2023 annual report, which describes the activities undertaken by the National Coordinator on Human Trafficking and Migrant Smuggling (LCMM) and the CMMA on the five main field of actions of the Action Plan, and defines new priorities for the following years.

With regard to the identification and protection of the victims, the Government indicates that the CMMA provides support and coordinates with civil society organizations to provide shelter, medical care, legal support, and social services for human trafficking victims, and that, in 2024, an implementation plan for the Standard Operating Procedures for the identification, screening, protection, assistance, return and reintegration of victims of human trafficking was drafted, containing protocols for the multifaceted cooperation between the relevant partners in assisting victims of trafficking. In 2023, the CMMA received a total of 24 notifications from society about possible cases of human trafficking or migrant smuggling, of these seven contained indicators of trafficking in persons.

Concerning the prosecution of human trafficking cases, the Government informs that, as of 2024, four judicial decisions in criminal cases have proven the existence of human smuggling and/or human trafficking. The sentences imposed ranged between a prison sentence of 32 days (with 110 days conditional with a probation period of two years), to a prison sentence of 18 months (of which six months were conditional with a probation period of two year). In 2023, the Human trafficking, human smuggling Unit (UMM) directly undertook investigations in one case after a victim had filed a police report concerning her exploitation. The Committee requests the Government to continue implementing measures to prevent and combat trafficking in persons for both sexual and labour exploitation. It hopes that, based on the evaluations of the national policy undertaken by the LCMMM and the annual reports of the CMMA, a new National Action Plan will be adopted containing specific objectives and indicators. In this regard, the Committee requests the Government to provide information on the measures taken to: (i) continue to develop awareness on trafficking and build capacity of relevant actors; (ii) ensure that victims of trafficking are provided with adequate assistance including the protections provided for in the Standard Operating Procedures; and (iii) strengthen the capacity of law enforcement bodies, especially the Human Trafficking and Smuggling Unit (UMM), to identify and proactively investigate cases of trafficking so that prosecutions can be initiated and dissuasive sanctions imposed on perpetrators under section 2:239 of the Penal Code. Please provide statistical data in this regard.

2. Vulnerable situation of refugees and migrant workers from Venezuela. Regarding the measures to prevent Venezuelan migrants and refugees from being trapped in abusive and exploitative situations that could amount to forced labour, the Government indicates that the CMMA and United Nations Office On Drugs and Crime have developed a Quick Reference Card (QRF) in Spanish, Dutch and English, which together with a standardized questionnaire are used by various departments to proactively identify potential victims of human trafficking, and are available to the Venezuelan community through NGOs. The Committee further notes the Government´s indication that studies were conducted in 2021 and 2023 to gather information on (i) networks in Venezuela and Aruba involved in migrant smuggling and human trafficking, (ii) the possible link between guarantors and human trafficking. The aim of the study is to assess the situation of the existing guaranteed procedures in the context of migration (guarantors provide financial sponsorship for foreign nationals who cannot meet the minimum financial requirements to enter Aruba). The Government further indicates that an action plan was drawn up to address the gaps in the guaranteed procedures to limit the possibility of exploitation. The Committee observes that, according to the UNHCR factsheets (October – December 2024 and January – March 2025) and the Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (May 2025), Aruba continues to rank among the countries with the largest number of refugees and other people in need of international protection compared to its local population and hosts around 11 500 Venezuelan refugees and migrants. In 2024, it received 17,783 permit applications, nearly 3,000 more than the annual average, as well as more than 300 individual asylum applications, mainly from Colombia, Venezuela, and Ecuador. The Committee encourages the Government to pursue its efforts to prevent undocumented Venezuelan workers and refugees from being trapped in abusive situations that could amount to forced labour. It requests the Government to provide information in this regard and on the measures taken to address the gaps in the guaranteed procedures and the regulatory framework that could increase the vulnerability of these persons to the imposition of forced labour.

Article 2(2)(c). Legislation governing prison services. The Committee duly notes the Government's indication that inmates are not required to perform work inside or outside the correctional institution and that, to promote rehabilitation and social reintegration, specific work is encouraged and offered within the institution, with a predetermined compensation. The Committee further notes the Government´s statement that the Aruba Prison Service consults inmates about their interest in participating in volunteer work, such as the Aruba Doet programme, to promote a sense of community and social responsibility.