Executive Summary

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.

The 2023 SOP provides that victims are entitled to a recovery and reflection period of a maximum of 14 days, irrespective of their nationality and their willingness to cooperate with the police. The Aruban authorities indicated that after GRETA’s visit, the SOP was adapted and the recovery and reflection period is now of a minimum of 30 days, with the option to extend it twice for a maximum of 90 days. The recovery and reflection period is not established in law but in the SOP, which has not been formally adopted by the government. GRETA urges the Aruban authorities to ensure 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. Further, there is no clear statutory basis on which presumed foreign victims of trafficking can be granted a temporary residence permit. GRETA urges the Aruban authorities to provide in law for the issue of a renewable residence permit to victims on THB 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. No compensation of any kind has been paid to victims of THB by perpetrators. GRETA urges the Aruban authorities to adopt legislative or other measures to facilitate and guarantee access to compensation for victims of trafficking. Although the SOP stipulates that victims of THB shall not be returned to a situation where they would be in danger or face harm, the SOP is vague in its description of the procedure to be followed in cases in which the person does not leave Aruba voluntarily and in cases where a victim cannot be repatriated because it would be too dangerous. GRETA considers that the Aruban authorities should develop the institutional and procedural framework for the repatriation and return of victims of THB. Moreover, there is no specific non-punishment provision for victims of human trafficking in Aruban law, nor any available guidance for law enforcement officials, prosecutors and judges concerning the application of the non-punishment provision for victims of THB. GRETA urges the Aruban authorities to adopt a specific legal provision and/or develop guidance for law enforcement officials and prosecutors on the scope of the non-punishment provision. GRETA is concerned by the low number of investigations and prosecutions in cases of THB and the absence of any conviction for THB. GRETA stresses that, in general, failure to convict traffickers and the absence of effective, proportionate and dissuasive sanctions, undermine efforts to combat THB and to support victims to testify. GRETA considers that the Aruban authorities should continue to take steps to ensure that THB cases are investigated proactively, prosecuted successfully, and lead to effective, proportionate and dissuasive sanctions. Finally, GRETA welcomes Aruba’s involvement in international cooperation against human trafficking and invites the authorities to continue and further develop this cooperation.