Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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, however, noted that the Penal Code did not specifically prohibit the use, procuring or offering of a child under 18 in illicit activities, in particular the production and trafficking of drugs.

The Committee notes 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 requests 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.

Articles 3(d) and 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(1). Penalties. The Committee previously noted that the Penal Code penalizes forced and compulsory labour of children, the sale and trafficking of children (section 286a) and the use, procuring or offering of a child for prostitution (sections 256a and 258) or for the production of pornography or pornographic performances (section 247).

The Committee notes the Government’s information that the penalties for several offences, including offences under section 258 and 286a have been made harsher. The Committee requests the Government to provide information on the application in practice of sections 286a, 256a, 258 and 247 of the Penal Code, including the number of investigations, prosecutions, convictions and the specific penalties applied.

Application of the Convention in practice. The Committee notes the Government’s information that the new Committee established for compliance with the UN Convention on the Rights of the Child also coordinates activities against the worst forms of child labour. It also notes the information provided by the Government concerning cases related to the production, possession and dissemination of child pornography that was decided by the court. However, 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 therefore encourages the Government to ensure that sufficient data on the number of working children under the age of 18, especially concerning children engaged in the worst forms of child labour, are made available. 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. To the extent possible, all information provided should be disaggregated by sex and age.