Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 29) sur le travail forcé, 1930 - Aruba

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes the detailed information provided by the Government in its report regarding the measures taken by the Coordination Centre on Human Trafficking and Smuggling Aruba (CMMA) in the framework of the implementation of the National Action Plan. It notes that the CMMA receives and registers information on possible cases of human trafficking and migrant smuggling, acts as a contact point for the public and humanitarian organizations, and develops campaigns, educational programs and training activities to raise public awareness. The Committee takes due note of the CMMA 2022 annual report of 2022 which describes the activities undertaken by the National Coordinator on Human Trafficking and Migrant Smuggling (LCMM) and the CMMA in this regard. The Committee notes that in 2022 the CMMA adopted a Standard Operating Procedure (SOP), for the identification, screening, protection, assistance, return and reintegration of victims of human trafficking and established a shelter for victims in cooperation with a local foundation. Under the SOP, victims of trafficking may have access to a stay of deportation (section 4.4.1), a temporary residence permit (section 4.4.2), or a residence permit (section 4.4.2). Furthermore, the possibility of renewing permits or benefitting from assistance is not conditional on the victim of trafficking willingness to act as a witness. According to the annual report, in 2022, the CMMA received a total of 25 notifications from society about possible cases of human trafficking or migrant smuggling. Of these, 11 cases were reported by government departments, 10 cases by individual citizens, 3 cases by the private sector and 1 case by an NGO/IO.

Furthermore, the Committee takes due note of the adoption of the Act AB 2023 No. 021, which amends section 2:239 of the Penal Code by raising the penalties for human trafficking and broadening the definition of trafficking with a reference to forced begging and criminal exploitation. The Committee also notes the Government’s indication that the lack of investigative capacity of the Human Trafficking and Smuggling Unit (UMM) constitutes a bottleneck and that, as a result, few cases of human trafficking are dealt with, even though there are signs of human trafficking (both for sexual exploitation and labour exploitation).

Finally, the Committee notes that according to the Government’s response to the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings (15 August of 2023), the Government has adopted a new National Action Plan on Human Trafficking and Migrant Smuggling (NAP 2023-2025) with the following main fields of action: (1) prevention and education, (2) administrative and criminal enforcement, (3) assistance to victims, (4) exchange of information and (5) multi-level cooperation.

The Committee therefore encourages the Government to pursue its efforts to prevent, detect, and combat trafficking in persons, for both sexual and labour exploitation. It requests the Government to provide detailed information on the measures taken, in particular by the LCMM and the CMMAfor the implementation of theNational Action Plan on Human Trafficking and Migrant Smuggling (NAP 2023-2025) as well as on the evaluation of the effects of the policy measures adopted by the government undertaken by the LCMM.

Noting the absence of information from the Government on prosecution of cases of trafficking, the Committee request the Government to indicate the measures taken to strengthen the capacity of law enforcement bodies, especially the Human Trafficking and Smuggling Unit (UMM) to identify, investigate and prosecute cases of trafficking, and to provide statistical data on proceedings initiated, convictions and sentences imposed under section 2:239 of the Penal Code

2. Vulnerable situation of refugees and migrant workers from Venezuela. Regarding the measures taken to address the vulnerable situation of Venezuelan refugees and migrant workers, the Government refers to the establishment of the Asylum unit within the Department of Integration and Management of Foreigners (DIMAS), responsible for processing asylum applications. The government states that it cooperates with international organizations, such as the UNHCR and IOM, as well as with a national NGO that develops programmes to foster inclusion and integration of refugees and has established a community centre to expand its support services. The CMMA also provides information, education and support to combat human trafficking, operates a tip line to report suspicious activities, and runs the “Habri Bo wowo” campaign to raise awareness on the risks of trafficking.

The Committee notes that according to the UNHCR factsheets (January- March 2024 and April-June 2024) Aruba is the first country in the world with the largest number of refugees and other people in need of international protection compared to its local population; 20,000 undocumented people are estimated to be living in the country (most of them from Venezuela); and a parliamentary initiative was introduced to regularize undocumented people temporarily. The Committeeacknowledges the difficulties faced by the Government due to the high number of Venezuelan migrants, including refugees, in the country and encourages the Governmentto continue taking measures to prevent them from being trapped in abusive and exploitative situations that could amount to forced labour. It requests the Government to provide information in this regard.

Article 2(2)(c). Legislation governing prison services. The Committee once again requests the Government to provide information on the entry into force of National Ordinance on Penitentiary Principles (AB 2005 no. 75) and its implementing texts. In the meantime, the Committee requests the Government to indicate if convicted prisoners may be required to perform work inside or outside the prison premises for private entities and, if so, the conditions under which the work is undertaken.