Aruba, St. Maarten and Curaçao face delays in implementing key human rights treaties

THE HAGUE--Plans to introduce two major human rights treaties in the Dutch Caribbean, the Istanbul Convention on combating violence against women and domestic violence, and the Hague Child Abduction Convention, are facing delays, despite being deemed urgent priorities.

According to the Kingdom Relations budget, progress has stalled because Aruba, Curaçao, and Sint Maarten must first complete preparatory steps before the treaties can be ratified. This has also held up the extension of these agreements, along with others, to the Caribbean Netherlands.

Each year, the Dutch government provides Parliament with an update on the status of human rights treaties in the Kingdom. Currently, seven treaties are awaiting implementation in one or more of the Caribbean territories. Of these, the Istanbul Convention and Hague Child Abduction Convention have been singled out as most pressing, given their importance for protecting vulnerable women and children.

The path to ratification looks different in each territory, as legal systems and administrative capacities vary. As part of the process, every country must prepare an implementation plan outlining the steps required. The Netherlands has committed to offering technical support where needed before the treaties are formally applied.

The Istanbul Convention has proven particularly complex due to its broad obligations, creating significant workload challenges for the Caribbean governments. To ease the process, Dutch ministries, together with the Kingdom’s Permanent Representation in Strasbourg, hosted a regional conference in December 2024. At this gathering, Caribbean delegates exchanged best practices with other small states in the Council of Europe and met with supervisory bodies such as the Lanzarote Committee.

Although some human rights treaties have taken effect in parts of the Kingdom in recent years, none were implemented last year. Officials say this is largely because so much capacity has been directed toward preparing for the Istanbul Convention.

𝐓𝐡𝐞 𝐈𝐬𝐭𝐚𝐧𝐛𝐮𝐥 𝐂𝐨𝐧𝐯𝐞𝐧𝐭𝐢𝐨𝐧

Adopted in 2011 and enforced since 2014, this treaty is the Council of Europe’s binding treaty to prevent and combat violence against women and domestic violence. It is the first European legally binding instrument addressing gender-based violence and is built on four pillars: Prevention, Protection, Prosecution, and Integrated Policies.

The Convention requires states to:

• Prevent violence through education and awareness campaigns.

• Protect victims with shelters, free helplines, child-focused services, and other support.

• Prosecute perpetrators by criminalizing offenses such as physical, psychological, and sexual violence, stalking, forced marriage, forced abortion, and female genital mutilation.

• Implement Integrated Policies that coordinate government and civil society in national strategies.

Additional obligations include collecting data to guide policy, ensuring judicial processes safeguard victims’ rights, and recognizing gender-based violence as grounds for asylum.

𝐓𝐡𝐞 𝐇𝐚𝐠𝐮𝐞 𝐂𝐡𝐢𝐥𝐝 𝐀𝐛𝐝𝐮𝐜𝐭𝐢𝐨𝐧 𝐂𝐨𝐧𝐯𝐞𝐧𝐭𝐢𝐨𝐧

Adopted in 1980 and in force since 1983, this treaty is an international treaty designed to protect children from the harmful effects of wrongful removal or retention across borders. Its main purpose is to ensure the prompt return of children to their country of habitual residence and to safeguard custody rights. Rather than deciding on custody itself, the Convention requires courts in the receiving country to determine whether a child was wrongfully taken or kept, and if so, to order their return so custody disputes can be resolved by the proper jurisdiction.

To function, each member state designates a Central Authority that assists in locating children, processing applications, and coordinating with foreign authorities. The Convention sets a one-year limit for return applications, though exceptions apply if the child objects, is settled in a new environment, or faces grave risk of harm. Today, more than 100 countries are parties, making it a cornerstone of international cooperation in cross-border custody cases. For territories such as Curaçao, Aruba, and Sint Maarten, implementation would require national laws and procedures that align with these obligations.

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