Executive summary 

The Aruban authorities have taken steps to develop the legal framework for combating trafficking in human beings (THB). Aruba’s domestic legal framework has evolved in the light of its international commitments and its Criminal Code establishes THB as a criminal offence. Guidelines developed by the Prosecutor General of Aruba create binding sentencing instructions for prosecutors. Furthermore, the authorities have set up several coordinating structures and specialised entities dealing with THB and migrant smuggling. GRETA welcomes the efforts made in Aruba to train different professions on issues related to THB. The definition of THB in Aruba’s legislation does not include an explicit provision regarding the irrelevance of the consent of the victim to the intended exploitation in accordance with Article 4(b) of the Convention. GRETA considers that including such a provision in Aruba’s legislation could improve the implementation of anti-trafficking provisions and victim’s access to support. In 2018, the Aruban Government adopted the Integral National Approach to Combat Human Trafficking and Migrant Smuggling (2018-2022), which acts as a National Action Plan for addressing THB and Migrant Smuggling. A new National Action Plan has been drafted and is expected to be approved in 2024. GRETA welcomes the new National Action Plan and stresses the importance of its timely adoption. GRETA considers that in addition to clarifying the division of actions and resources between human trafficking and migrant smuggling, the new National Action Plan should include specific objectives and indicators for the prevention and combatting of THB and an independent evaluation of the national action plan. As regards to the prevention of trafficking in human beings, the Aruban authorities have conducted various activities to raise awareness about THB amongst the general population and persons at heightened risk. These include the production of films about the risk of trafficking, campaigns, public events and awareness-raising in schools. GRETA welcomes these efforts and invites the Aruban authorities to plan future actions in accordance with an assessment of the impact of previous efforts. There is an elevated risk of THB for the purpose of labour exploitation in Aruba due an influx of migrant workers in industries such as construction, hospitality and domestic work. GRETA is concerned that given the considerable increase in the number of irregular migrants and asylum seekers in Aruba, there is limited capacity to detect vulnerable persons and potential victims of THB among irregular migrants and asylum seekers. GRETA urges the authorities to strengthen the capacity of labour inspectors and the monitoring of recruitment and temporary work agencies, and to strengthen cooperation between labour inspectors, other agencies and civil society in detecting cases of THB. In March 2023, the National Coordinator issued a Standard Operating Procedure (SOP), which would fulfil the function of a National Referral Mechanism (NRM) and thereby provide for the identification, screening, protection, assistance, return and reintegration of victims of THB in Aruba. While the SOP has not yet been formally adopted, its content has been used as a guideline for actions to be taken in connection with the assistance to victims of trafficking. GRETA urges the authorities to ensure that, in practice, the identification of victims of THB, upon which assistance measures depend, is not linked to the prospects of the investigation and prosecution. It also calls on the authorities to pay increased attention to the identification of victims of trafficking among asylum seekers and migrants. According to the Aruban authorities, in 2020 no victim of THB was provided with assistance, in 2021, one victim, and in 2022, four victims. GRETA notes that the SOP does not enshrine in law the responsibility of the authorities to provide basic and specialised assistance services to foreign victims of THB. Consequently, GRETA urges Aruban authorities to ensure that access to assistance for foreign victims of THB is not conditional on their cooperation with law enforcement, and that adequate resources are put in place to enable all victims of THB to benefit from assistance and support.