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

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

Previous comment

Previous comment

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.

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

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the absence of information in the Government’s report on this point. It notes that section 2:239 of the Penal Code of Curaçao of 2011 prohibits trafficking in persons for the purposes of labour and sexual exploitation, and provides for a term of imprisonment of up to nine years, or a fine for the perpetrator. In cases where the victim has not reached the age of 16 years, the perpetrator is liable to a term of imprisonment of up to 12 years or a fine. In addition, aggravating penalties are provided in cases where the offence is committed by more than one person, where the offence results in serious bodily harm or threatens the life of another person, or where the offence results in death. Section 2:240 of the Penal Code prohibits using the services of victims of trafficking.

The Committee further notes in its report on the implementation of the European Social Charter of February 2020, that the Government outlined the recent sentences imposed on the perpetrators of trafficking in persons, which ranged from acquittal to suspended prison sentences of up to one year for the most severe penalties (page 26).

Given the seriousness of the offence of trafficking of children and the dissuasive effect that the penalties should have, legislation allowing for the possibility of imposing only a fine on the perpetrator of this crime does not provide a sufficiently dissuasive penalty. The Committee requests the Government to take the necessary measures to ensure that perpetrators of trafficking of children cannot be punished by a fine only, and that sufficiently effective and dissuasive sanctions are imposed in practice. The Committee also requests the Government to provide information on the application in practice of section 2:239 of the Penal Code of 2011, including 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.

2. Slavery, debt bondage, serfdom, forced or compulsory labour. The Committee notes that the Government’s report is silent on this matter. It notes that sections 2:241 to 2:244 of the Penal Code of 2011 prohibit slavery. Section 2:241 states that any person who engages in the slave trade or who deliberately takes part in the slave trade, either directly or indirectly, shall be liable to a term of imprisonment not exceeding 15 years or a fine. The Committee wishes to recall the importance of providing for adequate and sufficiently dissuasive sanctions in order to give effect to the provisions of the Convention, which cannot be a sufficient deterrent if they consist only of a fine. The Committee requests the Government to take the necessary measures to ensure that perpetrators of slavery cannot be punished by a fine only, and to supply information in this regard. The Committee also requests the Government to provide information on the number and nature of violations of sections 2:241 to 2:244 of the Penal Code of 2011 identified, the number of investigations and prosecutions carried out against the perpetrators, as well as the number and nature of penalties imposed. Lastly, the Committee requests the Government to indicate if any provision of its national legislation imposes penal sanctions for the illegal exaction of forced or compulsory labour of children.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on the prohibition and elimination of the use, procuring or offering of children under the age of 18 for prostitution, for the production of pornography or for pornographic performances. It reminds the Government that, under Article 3(b) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee requests the Government to provide information on any provision of its national legislation prohibiting the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In the absence of such provision, the Committee requests the Government to indicate the measures taken or envisaged to this end.

Clause (c). Use, procuring or offering 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 any information on this issue. The Committee wishes to recall that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitute one of the worst forms of child labour, prohibited for children under 18 years of age. The Committee requests the Government to indicate whether any provision of its national legislation prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. If no such provision exists, the Committee requests the Government to provide information on the measures adopted or envisaged to prohibit this worst form of child labour.

Clause (d) and Article 4. Hazardous work and determination of hazardous work. The Committee notes that, pursuant to section 21(1) of the Labour Ordinance of 2000, it is prohibited to allow young people (defined as persons who have reached the age of 15 but not yet the age of 18) to perform dangerous work. An order shall be issued to determine which work shall be classified as dangerous work (section 21(2)). Section 36 of the Ordinance provides for a term of imprisonment of up to four years, a fine or both penalties for anyone who deliberately violates the above-mentioned section 21(1). The Committee requests the Government to communicate the list of hazardous types of work prohibited to young persons under the age of 18 years issued pursuant to section 21(2) of the Labour Ordinance of 2000.

Article 5. Monitoring mechanisms and application of the Convention in practice. The Government indicates that the Central Bureau for Statistics has never recorded any form of child labour. Nor has the Labour Inspection of the Ministry of Social Development Labour and Welfare encountered any cases of child labour during their duties.

The Committee notes that, according to the direct request of the Committee of 2014 on the Labour Inspection Convention, 1947 (No. 81), the Minister of Social Development, Labour and Welfare is the central authority of the labour inspection system. The head of the labour inspectorate reports directly to the Minister. Furthermore, the Committee notes that the Government states, in its report under the Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172), that in 2016 and 2017, the labour inspectorate participated in a Taskforce for Human Trafficking. The Committee requests the Government to provide information on the functioning of the labour inspectorate with regard to the worst forms of child labour, including trafficking of children. Please provide information on how and how often labour inspectors are trained on combatting child labour, especially in its worst forms. The Committee also requests the Government to continue to provide information on the number and nature of violations detected relating to the worst forms of child labour.

Article 6. Programmes of action. The Committee notes the absence of information on programmes of action to eliminate the worst forms of child labour in the Government’s report. The Committee requests the Government to provide information on any programme of action designated and implemented to eliminate the worst forms of child labour.

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 Government indicates that education is free and compulsory for children aged 6 to 18. It states that, in 2018, the primary school enrolment rate was 97 per cent and the secondary school enrolment rate was 77 per cent. The Government specifies that it has set up monitoring programmes for children aged between 12 and 18 years who are not enrolled in secondary education and who are not willing to enter the labour market, entitled “Youth Monitoring Programmes”, to ensure that the problems of these children are addressed.

The Government further indicates, in its report submitted under the Employment Policy Convention, 1964 (No. 122), that the National Development Plan (NDP) 2015–2030, which aims to facilitate sustainable development in Curaçao, focuses on five main areas, including education. The Committee encourages the Government to continue to provide information on the measures that it has taken to facilitate access to free basic education, as well as on the progress made in this regard, particularly to increase the school enrolment rate at the lower secondary level. The Committee also requests the Government to provide information on the implementation and the results of the NDP 2015–2030 in terms of education.

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. The Government indicates, in its report on the implementation of the European Social Charter of February 2020, that there is a Victim Assistance Office for Victims of Trafficking in Persons and a victim referral procedure, which was updated in 2017 (pages 24–25). The Committee requests the Government to provide information on the activities of the Victim Assistance Office for Victims of Trafficking in Persons with regard to the identification, removal, rehabilitation and social integration of child victims of trafficking. It also requests the Government to supply information on the number of child victims of trafficking who have been removed and provided with assistance.

Clause (d). Identifying and reaching out to children at special risk. Refugee and migrant children. The Government indicates that migrant children have access to education, and arrangements are being made for undocumented students to receive their diploma after completing secondary education.

The Committee notes that the Situational Report of the Coordination Platform for Refugees and Migrants from Venezuela (R4V, including UN agencies) of January 2020 for Aruba and Curaçao stated that 44,500 refugees and migrants are estimated to be in Aruba and Curaçao. In addition, according to the Refugee and Migrant Response Plan (RMRP) of the R4V of July 2020, given the political, socio-economic and human rights situation in Venezuela, Venezuelans are increasingly seeking safety in Curaçao. The Committee requests the Government to continue to provide information on the measures it has taken to ensure that refugee and migrant children are integrated into the local education system, with a view to protecting them from the worst forms of child labour.