Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings

Recommendation CP/Rec(2024)09

on the implementation of the Council of Europe Convention

on Action against Trafficking in Human Beings

by Aruba (the Netherlands)

adopted at the 35th meeting of the Committee of the Parties

on 29 November 2024

The Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings (hereinafter referred to as “the Convention”), acting under the terms of Article 38(7) of the Convention;

Having regard to the purposes of the Convention to prevent and combat trafficking in human beings, while guaranteeing gender equality, protect the human rights of victims of trafficking, design a comprehensive framework for the protection and assistance of victims and witnesses, ensure the effective investigation and prosecution of the offences related to trafficking in human beings, and promote international co-operation;

Bearing in mind the provisions of Article 36(1) of the Convention concerning the monitoring role of the Group of Experts on Action against Trafficking in Human Beings (GRETA) in the implementation of the Convention;

Having regard to the Rules of Procedure of the Committee of the Parties;

Having regard to the instrument of ratification deposited by the Kingdom of the Netherlands on 22 April 2010 and of the declaration of territorial application of the Convention to Aruba deposited by the Kingdom of the Netherlands on 23 January 2015;

Having examined the combined first/second round evaluation report concerning the implementation of the Convention by Aruba, adopted by GRETA at its 51st meeting (1-5 July 2024);

Having examined the comments of the Aruban authorities on GRETA’s report, submitted on 9 September 2024;

Welcoming the measures to combat trafficking in human beings taken by the Aruban authorities, and in particular:

 

-       the adoption of legislation criminalising trafficking in human beings as well as national action plans for combat it;

-       the setting up of coordinating structures and specialised entities dealing with trafficking in human beings and migrant smuggling;

-       the training provided to different professionals on issues related to human trafficking;

-       the efforts made to raise public awareness of trafficking in human beings amongst the general population and persons at heightened risk;

-       the adoption of a Standard Operating Procedure for the identification, screening, protection, assistance, return and reintegration of victims of human trafficking;

Taking note of the areas where further action is required in order to improve the implementation of the Convention by Aruba, in particular:

-       adopting additional measures to prevent human trafficking for the purpose of labour exploitation;

-       ensuring that all victims of trafficking are identified as such and can benefit from the assistance and protection measures contained in the Convention;

-       ensuring that a recovery and reflection period of at least 30 days, as provided for in Article 13 of the Convention, is specifically defined in law;

-       providing in law for the issuingof a renewable residence permit to victims on human trafficking in cases where the competent authority considers that their stay is necessary owing to their personal situation and/or for the purpose of their cooperation in connection with an investigation or criminal proceedings;

-       adopting legislative or other measures to facilitate and guarantee access to compensation for victims of trafficking;

-       ensuring compliance with Article 26 of the Convention through the adoption of a provision on the non-punishment of victims of trafficking for their involvement in unlawful activities, to the extent that they were compelled to do so, and/or by developing relevant guidance.

1. Recommends that the Government of Aruba implement the proposals of GRETA listed in Appendix I to the Report concerning the implementation of the Convention by Aruba (see addendum);

2. Requests the Government of Aruba to inform the Committee of the Parties of the measures taken to comply with this recommendation by 29 November 2026.

3. Invites the Government of Aruba to continue the ongoing dialogue and co-operation with GRETA and to keep GRETA informed of the measures taken in response to its proposals.