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

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

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.