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Articles 2–5 of the Convention. Granting of paid educational leave. The Committee notes that the Government has not provided a reply to its previous comments on this point. It therefore reiterates its request that the Government of Aruba further describe how it promotes the right to paid educational leave in both the public and private sectors. It also once again invites the Government to provide further details on how the granting of paid educational leave contributes to the promotion of appropriate continuing education and training in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO.

Article 6. Participation of the social partners. The Committee notes that the Government has not provided a reply to its previous comments on this point. The Committee therefore once again invites the Government to indicate the measures envisaged to promote the participation of the social partners in the formulation and application of the policy for the promotion of paid educational leave.

Article 11. Assimilation to a period of effective service. The Committee notes that the Government has not provided a reply to its previous comments on this point. It therefore reiterates its request that the Government indicate the measures taken to assimilate the period of paid educational leave to a period of effective service for the purpose of establishing claims to social benefits and other rights deriving from the employment relationship.

Application of the Convention in practice.Noting the absence of a response from the Government on this point, the Committee reiterates its request that the Government provide information in its next report, including disaggregated statistics on the number of workers granted paid educational leave (Part V of the report form).

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Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the Government’s response to its previous comments, initially made in 2015, in which it requested information on the content and outcome of tripartite consultations held on the matters concerning international labour standards covered by the Convention. The Government reports on the topics placed on the agenda for tripartite consultations held during the reporting period. These included: the possible application of the Equal Remuneration Convention, 1951 (No. 100), the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Work in Fishing Convention, 2007 (No. 188), the Domestic Workers Convention, 2011 (No. 189), the Protocol of 1995 to the Labour Inspection Convention, 1947, and the Protocol of 2014 to the Forced Labour Convention, 1930. Tripartite consultations were also held regarding compliance with the provisions of the Labour Clauses (Public Contracts) Convention, 1949 (No. 94), the possible denunciation of the Sickness Insurance (Agriculture) Convention, 1927 (No. 25) and the Certification of Able Seamen Convention, 1946 (No. 74). The topics on the agenda for tripartite consultations also included the examination of the ILOSTAT Questionnaire (2015–17), the annual tripartite participation in the International Labour Conference and the ILO reporting schedule for 2018, 2019 and 2020. The Government does not, however, provide information on the outcome, if any, of the tripartite consultations held. The Committee therefore requests the Government to provide detailed, up-to-date information on the content, frequency and outcome of tripartite consultations held on all matters related to international labour standards covered by the Convention.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest in industry) and 106 (weekly rest in commerce and offices) together.

Article 1 of Convention No. 14 and Article 2 of Convention No. 106. Scope of application. In its previous comment, the Committee had noted that the Labour Ordinance of 2013 (section 3.1) does not apply to workers earning more than twice the gross monthly minimum wage and had recalled that the Conventions apply to all workers irrespective of their level of earnings. The Committee notes that the Government’s report remains silent on this point. The Committee requests the Government to indicate in which manner it ensures that the provisions of the Conventions are given full effect regarding workers excluded from the Labour Ordinance of 2013 based on their level of earnings.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Compensatory rest. The Committee notes that under section 16(2)(b) of the Labour Ordinance, workers who perform overtime work on their weekly rest day shall receive an overtime bonus of at least 50 percent of the applying hourly wage. It also notes that, under section 16(4) of the Labour Ordinance, by written agreement between the worker and the employer, the work during the weekly rest day shall be compensated either financially or in time off. The Committee recalls that Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106 require workers who are deprived of their weekly rest to be granted compensatory rest irrespective of any monetary compensation. The Committee therefore requests the Government to take the necessary measures to ensure that compensatory rest is granted to workers who are required to work on their weekly rest day and to provide information on any progress made in this respect.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes that according to the information available from the website of the Coordination Center for Human Trafficking and Smuggling (CMMA), the Center is the central point of contact on the subject of Human Trafficking and Migrant Smuggling. The Center was created in 2019 to coordinate the action of pre-established stakeholders, including the National Coordinator, the multidisciplinary taskforce, the Public Prosecutor and the team of detectives in charge of investigating cases of trafficking and migrant smuggling, and to provide the necessary services to possible victims of trafficking. The CMMA has three main tasks: information, education and assistance and is also responsible for a 24/7 hotline which shares information and responds to requests of assistance.

The Committee also notes from the information contained in the Background Notes-Trafficking in Persons, August 2020, by the Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela ((R4V), including UN agencies), that, in Aruba, while trafficking networks linked to Aruba’s tourism-dependent economy continue to trick vulnerable individuals into exploitation, the identification of victims is declining. The Government did not report identifying any victims of trafficking in 2019, in a stark contrast to the 71 identified victims in 2017. The Committee also notes from this report that the Government established an interdepartmental and interdisciplinary task force under the Ministry of Justice and issued a National Anti-Trafficking Action Plan 2018-2022 to prevent trafficking, protect victims and prosecute offenders. The Committee requests the Government to provide detailed information on the measures taken, particularly by the CMMA and within the framework of the National Anti-Trafficking Action Plan 2018-2022, to prevent trafficking in persons; strengthen the identification of victims of trafficking in persons, both for sexual and labour exploitation; and provide them with appropriate assistance. It also requests the Government to provide information on the action undertaken by the Public Prosecutor and the team of detectives in charge of investigating cases of trafficking, including statistical data on legal proceedings initiated, convictions handed down and penalties imposed for cases of trafficking in persons, under section 286(a) and other relevant provisions of the Criminal Code.

2. Vulnerable situation of refugees and migrant workers from Venezuela. The Committee notes that according to the United Nations High Commissioner for Refugees (UNHCR) Fact Sheet of February-March 2021, there are an estimated 17,000 Venezuelan refugees and migrants in Aruba which has a total population of just over 100,000. According to the 2021 Refugee and Migrant Response Plan (RMRP) of the R4V, many Venezuelans in Aruba have lost guarantors for work permits due to the economic crisis resulting from COVID-19, which forced the closure of businesses. As such, many refugees and migrants who had been on the island for lengthy periods with regular status, now risk being in irregular situations. According to the RMRP, obstacles to accessing asylum and regularization are likely to contribute to increased vulnerabilities and heightened risks of exploitation and abuse of the Venezuelans. In addition to food insecurity, malnutrition and the need for safe shelter, these groups are also particularly vulnerable to exploitative labour practices which risk their health and wellbeing. The Committee requests the Government to provide information on the measures taken or envisaged to address the vulnerable situation of Venezuelan refugees and migrant workers with a view to prevent them from being trapped in abusive and exploitative situations that could amount to forced labour.

Article 25. Application of penal sanctions for the exaction of forced labour. In reply to the Committee’s previous request for information on complaints related to forced labour and any penalties imposed as a consequence, the Government indicates in its report that it is currently finalizing policies regarding appropriate and sufficiently dissuasive sanctions for violations related to forced labour. The Government further specifies that there have been no claimants or third party claims of any exaction of forced labour attended by the Department of Labour nor any cases that resulted in any prosecution or penal sanctions. The Committee requests the Government to provide information on the policies envisaged to ensure that the exaction of forced labour is punishable with appropriate and sufficiently dissuasive penalties indicating any changes brought to the legislation in this regard and its application in practice. It also requests the Government to continue to supply information on complaints related to forced labour and any penalties imposed as a consequence.

Article 2(2)(c). Legislation governing prison services. Referring to its previous comments on the entry into force of Ordinance Penitentiary Regulations (No. 75 of 2005), the Committee notes the Government’s indication that it is currently working on the decrees that will give effect to different stipulations corresponding to this ordinance, after which it shall be moved forward for the entry into force. The Committee requests the Government to provide information on the entry into force of the Ordinance Penitentiary Regulations and its implementing texts. In the meantime, the Committee requests the Government to indicate the provisions regulating the conditions of work of sentenced prisoners, specifying if they are under an obligation to perform work inside or outside the prison premises and if this is the case for which entities such work could be undertaken.

Article 3 of the Convention. Additional duties entrusted to labour inspectors related to immigration. The Committee notes that, according to the Government’s information in its report, labour inspectors work with the Police, the Department of Immigration and Alien Affairs (Dimas) and the Coast Guard (Guarda Nos Costa), in order to tackle the negative impact on the labour market caused by the influx of Venezuelan nationals fleeing the crisis in their country. The Committee recalls that, in accordance with Article 3(2) of the Convention, the function of the system of labour inspection is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In its 2006 General Survey, Labour inspection, paragraph 77, the Committee indicates that the Convention does not contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status. The Committee requests the Government to take the necessary measures to ensure that the duties entrusted to labour inspectors do not interfere with the fundamental objective of securing the protection of workers in accordance with the primary duties set out in Article 3(1) of the Convention. It also requests the Government to provide further information on the number of cases in which labour inspectors played any role in the investigation or prosecution of migrant workers, the number of cases in which sanctions were imposed, the violations concerned and the specific sanctions imposed, including expulsion.

Articles 4, 5(a) and (b). Arrangements to promote coordination, cooperation and collaboration. The Committee previously noted that labour inspection services were under the responsibility of several ministries and departments. The Committee notes the indication in the Government’s report that labour inspectors are working in team with the Department of Public Health, the Dimas and the Police on combatting human trafficking and human smuggling. Moreover, the Government indicates that the Department of Public Health and the Technical Inspection Department are the authorities in charge of the health and safety of workers. When labour inspectors find dangerous working conditions, they communicate the findings to the corresponding authority for further action. In general, labour inspectors define their priorities by determining the opportunity and impact on the labour market of a particular occurrence in a specific sector. The Committee takes note of this information, which addresses its previous request.

Articles 13(1) and (2), 17 and 18. Powers of injunction of labour inspectors, legal proceedings and adequate penalties. The Committee previously noted that provisions of the State Ordinance Administrative Enforcement Act of 2013 concerning the imposition of fines and the suspension of work refer to the powers of the Minister of Labour and not to those of labour inspectors.

The Committee notes the Government’s indication that this authority has been mandated to the Director of the Department of Labour. In practice, as regards the imposition of fines, the labour inspectors firstly submit the official inspection reports internally for procedural and legal review. Fines may be issued later to the employer concerned. The Government indicates that considering the small-scale community of Aruba, in order to safeguard the safety of labour inspectors in the field, it is desirable to avoid any potential aggressive confrontation. The Government thus determines that it is not prudent to give each individual inspector the authority to impose fines in situ. The Government also indicates that the suspension of work may be invoked in case of violation of provisions regarding working hours, prohibition of child labour and labour performed by youth. Regarding safety and health at work, the competent authorities may impose fines in case of non-compliance and order the suspension of work in case of immediate danger to people, according to sections 2(3) and 5 of the Safety Ordinance. The Committee takes note of this information, which addresses its previous request.

Articles 20 and 21. The Committee notes that no annual inspection reports have been received by the Office since 2012. The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Articles 1 and 2 of the Convention. Contribution of the employment services to employment promotion. In response to the Committee’s previous comments, initially made in 2015, the Government provides information on the results of a Labour Force Survey (LFS) which it conducted in 2018, in collaboration with the Central Bureau of Statistics and the Central Bank of Aruba. The Government reports that, according to the LFS, (i) the unemployment rate fell from 8.9 per cent in 2017 to 7.3 per cent in 2018, largely due to the decrease in the number of unemployed persons; (ii) the unemployment rate for men fell from 9.2 per cent in 2017 to 7.4 per cent in 2018, while the women's unemployment rate dropped from 8.6 per cent to 7.2 per cent; and (iii) the youth unemployment rate decreased from 19.4 per cent in 2017 to 16.2 per cent in 2018. The Committee also takes note of the Government’s indication that the data and the trends identified in this study will serve to help policymakers, administrators, researchers and entrepreneurs to further improve and refine their policy regarding the labor market. Nevertheless, noting that the Government does not provide information responding to the Committee’s previous comments, it reiterates its request that the Government provide detailed information, including statistics, on the activities carried out by the employment service and to indicate the manner in which it ensures the best possible organization of the employment market, in accordance with Article 1(2) of the Convention. The Committee also reiterates its request that the Government provide information on the measures taken to secure effective cooperation between the public employment service and private employment agencies (Article 11), as well as on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices (part IV of the report form).

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. In its previous comments, the Committee reiterated its request that the Government take the necessary measures to give effect to the core requirement of the Convention, namely the insertion in public contracts of labour clauses of the type prescribed by Article 2, and to transmit copies of standard bidding documents currently in use, sample tender letters and concession agreements, as well as the tender instructions used in recent procurement operations, to enable the Committee to better understand the manner in which the Convention is implemented in law and in practice. The Committee notes that the requested documents are not included in the Government’s report. It further notes that the Government does not provide information on measures taken or envisaged to give effect to the core requirement of the Convention. The Government refers to its past reports, indicating that no changes have been made to legislation during the reporting period. Nevertheless, the Committee notes the initiative taken by the Government to introduce the Procurement Ordinance (Aanbestedingsverordening) that will update the existing public procurement legislation. In this regard, the Committee refers to the International Monetary Fund’s 2021 country report on Aruba (IMF Country Report No. 21/81), which indicates that the, “Aruban authorities are developing a Procurement Ordinance that will improve transparency, particularly by specifying the circumstances when variations will be permitted to projects and establishing an e-procurement system”. Noting that the Committee has been commenting for several years on the Government’s failure to give effect to the Convention, the Committee expresses the hope that the Government will take the opportunity presented by the development of the Procurement Ordinance to bring its national legislation into full conformity with the provisions of the Convention, particularly with respect to: the determination of the terms of the labour clauses to be included in public contracts to which the Convention applies, after consultation with the organizations of employers and workers concerned (Article 2(3)); the dissemination of the labour clauses, by advertising specifications or otherwise, so that tenderers are aware of the terms of the clauses (Article 2(4)); and the establishment and implementation of a system of inspection and adequate sanctions, by the withholding of contracts or of payments due, for failure to apply the provisions of labour clauses (Article 5). The Committee requests the Government to keep the Office informed of progress made and recalls that the Government can avail itself of the technical assistance of the ILO in this regard, should it wish to do so.

New legislation adopted. The Committee notes that a new Civil Code has entered into force on 1 September 2021.

Article 4 of the Convention. Partial payment in kind. The Committee notes that section 617(1) of the Civil Code allows the payment of wages in kind, including: (i) goods suitable for the personal use of the employee and his housemates, with the exception of alcoholic beverages and other substances which are harmful to health; (ii) the use of a dwelling, as well as its air cooling and the use of water, gas and electricity; and (iii) services, facilities and activities to be carried out by or on behalf of the employer, such as education, board and lodging. The Committee notes that section 617(2) of the Civil Code provides that these goods, services, and facilities may not be given a higher value than that which corresponds to their actual value. The Committee further notes that section 657b (1) of the Civil Code prescribes that insofar as wages are fixed in terms of accommodation, board, or other necessities of life, the employer shall be obliged to pay this according to local custom, provided that it is in accordance with the requirements of health and morality. The Committee observes that none of these provisions specify whether the payment of wages in kind is only partially allowed or could reach the total amount of the wages. The Committee recalls that Article 4(1) of the Convention provides that national laws or regulations may authorize the partial, and not the total, payment of wages in the form of allowances in kind. The Committee further recalls that under Article 4(1) of the Convention national laws or regulations may authorise the partial payment of wages in the form of allowances in kind only in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned. The Committee therefore requests the Government to indicate how it ensures that payments of wages in kind meet the requirements of Article 4 of the Convention.

Articles 11, 12(2) and 15(d). Protection of workers’ claims in the event of bankruptcy or judicial liquidation. Final settlement upon termination of contract. Maintenance of payroll records. The Committee notes that the Civil Code does not seem to contain provisions giving effect to these provisions of the Convention. The Committee requests the Government to indicate how it ensures full compliance with these requirements of the Convention.

Article 1(c) of the Convention. Disciplinary measures applicable to public servants. For a number of years, the Committee has been drawing the Government’s attention to section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), under which public servants who are negligent in the exercise of their duty are liable to disciplinary sanctions, which include the obligation to perform up to six hours’ extra service without pay or for less than the normal wage. The Committee expressed the firm hope that the Government would take the necessary measures to bring section 83 of the Organic Act respecting the public service into conformity with Article 1(c) of the Convention under which no compulsory labour may be imposed as a means of labour discipline.

The Committee notes the Government’s information in its report that while section 83 of the Organic Act respecting the public service has neither been repealed nor amended, it has been declared a dead letter and has no weight for execution. The Government further stresses that the provisions under section 83 have not been applied to any person and would under no circumstances be a legitimate disciplinary action to be exercised by the Government against any public servant. The Committee once again requests the Government to take the necessary measures to formally repeal section 83 of the Organic Act respecting the public service so as to bring the legislation into conformity with Article 1(c) of the Convention and with the practice indicated, and thereby ensure legal certainty.

The Committee notes with concern 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.

Article 8 of the Convention. List of occupational diseases. The Committee once again hopes that the Legislative Decree No. GT 6 of 1996 will soon be amended so as to complete the national list of occupational diseases with the new diseases contained in the list of occupational diseases of the Convention, as amended in 1980, which has been accepted by Aruba.

Article 10(1). Domiciliary visits. The Government indicates in its report that, in spite of not being expressly provided for by national legislation or in the contract between the compulsory sickness insurance (AZV) and general practitioners, doctors undertake domiciliary visits at their discretion depending on the state of the patient. Such visits are paid to patients in accordance with the general guidelines provided by the Association of Dutch General Practitioners (NHG). Please provide a copy of the general guidelines and confirm that, in case of employment injuries, domiciliary visits are free of charge for the patients.

Article 16. Constant help or attendance of another person. The Committee notes the Government’s indication that it will give due consideration to the possibility of introducing provisions for increments in periodical payments or supplementary or special benefits for injured persons requiring the constant help or attendance of another person. The Committee hopes to be informed of any measures taken or envisaged in this respect.

Article 21. Review of the rates of cash benefits. In reply to the Government’s request regarding how the term “substantial changes” should be understood, the Committee wishes to point out that the Convention leaves it to national legislation to define what “substantial changes” should trigger the review mechanism in relation to national circumstances so as to maintain the purchasing power of benefits over a long-term period. The Committee hopes that the Government’s next report will contain information concerning the measures taken or envisaged with a view to introducing the regular adjustment of the rates of employment injury cash benefits following substantial changes in the general level of earnings and in the cost of living.

Article 22(1)(e). Serious and wilful misconduct. Referring to its previous comments, the Committee once again invites the Government to issue, in line with this provision of the Convention, appropriate instructions to the authority applying sanctions in case of serious negligence of the beneficiary under section 7, subsection 1(a), of the 1966 Disability Insurance Act No. GT 26, to authorize suspension of benefits only where the occupational accident or illness has been caused by such serious negligence, which may be qualified as wilful.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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.

The Committee notes with concern 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

Articles 1 and 2 of the Convention. Employment trends and active labour market measures. In reply to the Committee’s comments of 2014, the Government refers the Committee to its 2015 annual report on the application of the European Social Charter and the 1988 Additional Protocol for the period 2011–14. The Committee notes that the information provided by the Government in that report provides information concerning the various programmes established with the aim of placing more people in employment. The Let’s Work Programme (Ban Traha), launched in June 2014 after the Reintegration Project of 2007 was not considered to have been successful. The Government indicates that achievement of this objective would not mean the end of the programme, but rather would validate the new approach taken. It adds that the difference between the Let’s Work Programme and the prior programme is the increased personal attention, given that participants receive individualized guidance from an employment intermediary. The programme is implemented through a collaboration between the Labour Department, the Department of Labour Progress and the Department of Social Affairs. Jobseekers participating in the programme were divided into two groups: those 14–24 years of age and those aged 25 or over. Participants underwent thorough interviews to reassess their employability. The Government adds that 1,262 of the participants, of which 57 per cent were women, were deemed to be viable candidates for reintegration into the labour market. Those participants found to be “unfit candidates” were referred for a medical re-examination and placed in either a short term or long term track, depending upon their needs. The Government qualifies the results of the Let’s Work Programme as satisfactory, indicating that 136 persons were placed in employment in the first six months. The Committee notes that the Government also introduced the obligation for social assistance claimants and recipients to apply for jobs regularly and to participate in training courses to improve their employability. Failing to comply with these obligations would result in the rejection of a petition for or withdrawal of social assistance. With regard to employment trends, the Committee notes that, according to the Labour Force Survey (LFS) conducted by the Central Bureau of Statistics (CBS), the employed population aged 15 or over increased from 58.1 per cent in 2011 to 61 per cent in 2013. In addition, while the participation rate rose from 63.8 per cent in 2011 to 66.1 per cent in 2013, the unemployment rate decreased from 8.9 per cent to 7.6 per cent during the same period. The Committee notes that, while the statistical information provided in the 2015 report dates from 2013, the Government indicates that there is no updated statistical information available. The Committee requests the Government to provide updated information on the activities and the number of people placed by the Let’s Work Programme as well as the impact of the new social assistance procedures on the placement of persons in lasting and decent employment, including information on measures taken or envisaged to promote the employment of persons who face particular difficulties in finding lasting employment, such as persons with disabilities and migrant workers. It also requests the Government to indicate the manner in which active labour market measures are kept under review within the framework of an overall coordinated economic and social policy. The Committee reiterates its request that the Government provide up-to-date information, including statistical data disaggregated by economic sector, sex and age, on the current situation and trends regarding the active population, employment, unemployment and underemployment.

Education and training policies and programmes. The Committee notes the implementation of the Education for Employment programme (Enseñansa pa Empleo), which provides adult education and training on new trades to jobseekers to improve their employability. It notes the detailed information provided by the Government on the courses and participants in the programme from 2012 to 2014. Furthermore, the Government refers to the implementation of the Social Forming Programme (SPF), which is a 12-month military-based programme for underprivileged young men aged 18–24 who are not in employment, education or training, and are at risk of engaging in criminal behaviour. The SPF is a two-part programme: the first four months are focused on physical training and developing behavioural and teamwork skills, while the last eight months are dedicated to education. Training in languages, mathematics, computer and social skills is provided to the participants with the objective of promoting their access to the labour market. Participants also have free access to the training courses provided under the Education for Employment programme. While enrolled in the programme, they receive a monthly stipend of 700 Aruba Florin (AWG) and are offered internships either at the military base or in private enterprises. The Government indicates that the programme currently accepts two groups of 24 persons per year. The Committee requests the Government to provide updated information on the impact of the Education for Employment programme and the Social Forming Programme as well as on the measures taken or envisaged to coordinate education and training policies with prospective employment opportunities. It also requests the Government to indicate the measures taken or envisaged to provide education and training to underprivileged young women with a view to improving their employability. The Committee further requests the Government to indicate the manner in which the social partners and other stakeholders concerned are consulted with respect to the development of education and vocational training programmes that meet the needs of the labour market.

Promotion of women’s employment. The Committee notes that, according to the LFS data in the 2015 report, from 2011 to 2013, women’s participation rate in the labour market increased from 58.8 per cent to 61.6 per cent; and the number of employed women over the aged of 15 rose from 53.4 per cent to 57.1 per cent. During the same period, the unemployment rate among women decreased from 9.2 per cent to 7.4 per cent. The Committee also notes the adoption of measures aimed at making employment more accessible to women with family responsibilities, including the extension of paid pregnancy and maternity leave from eight to 12 weeks and the elimination of discriminatory labour provisions. In addition, a new Labour Ordinance (AB 2013 No. 14) was adopted, which came into effect on 1 April 2013 and abolished section 17 of the Labour Ordinance prohibiting night work for women. The Committee requests the Government to provide information on the measures taken or envisaged to promote women’s participation in the labour market, including those with no family responsibilities and in non-traditionally female occupations. It also requests the Government to provide statistical information on the labour market situation of women and men in the public and private sectors, disaggregated by sex, economic sector and occupation.

Article 3. Participation of the social partners in the formulation and implementation of policies. In its previous comments, the Committee requested the Government to implement the consultations required by the Convention and to provide information on progress made towards ensuring full compliance with the Convention. The Government indicates that it will inform the Office of any progress made in this regard. The Committee once again recalls that Article 3 of the Convention calls for the representatives of employers and workers to be consulted concerning the development and implementation of employment policies “with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies”. In addition, it draws the Government’s attention to the requirement that representatives of the persons affected also be consulted when formulating and implementing employment policy. The Committee once again requests the Government to implement the consultations required by the Convention and to provide information on progress made towards ensuring full compliance with Article 3 of the Convention. It also requests the Government to provide information on the manner in which representatives of the persons affected are consulted concerning the development, implementation and review of employment policies.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1–4 of the Convention. Formulation and implementation of vocational education and training policies and programmes. The Committee invites the Government of Aruba to provide information on the activities undertaken for the development of comprehensive and coordinated policies and programmes of vocational guidance and training, indicating, in particular, the way in which effective coordination is assured and the manner in which the policies and programmes are linked with employment and the public employment service. It also invites the Government to provide further details on the measures taken for the operation of open, flexible and complementary systems of general, technical and vocational education in the terms of the Convention, along the lines of the report form approved by the Governing Body of the ILO.

Article 3(1). Vocational guidance. Persons with disabilities. The Government indicates that there are no specialized programmes dedicated to the particular needs of persons with disabilities. The Committee hopes that the Government will soon be a position to report progress in making vocational guidance and training accessible for persons with disabilities.

Article 5. Cooperation with the social partners. The Committee notes that a national social dialogue platform with the social partners was established. The Government states that discussions have addressed non-labour related matters. The Committee invites the Government to provide information on the measures taken to ensure the cooperation of employers’ and workers’ organizations in the formulation and implementation of vocational guidance and vocational training policies and programmes.

Comments adopted by the CEACR: Aruba

Adopted by the CEACR in 2022

C140 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C014 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C088 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C095 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C121 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)