| NETHERLANDS ANTILLES Netherlands Antilles Nederlandse Antillen (Part of the Kingdom of Netherlands) Joined United Nations: 10 December 1945 Human Rights as assured by their constitution Click here Updated 12/14/09 |
| CAPITAL |
| POPULATION |
| CHIEF OF STATE |
| SELECTION PROCESS |
Willemstad (on Curacao)
227,049 (July 2009 est.)
Emily de Jongh-Elhage
Prime Minister since 26 March 2006
Prime Minister since 26 March 2006
The Monarch is hereditary; governor general appointed by the
monarch for a six-year term;
Next scheduled election: None
monarch for a six-year term;
Next scheduled election: None
HEAD OF GOVERNMENT
SELECTION PROCESS
Following legislative elections, the leader of the majority party is
usually elected prime minister by the Staten; election last held 27
January 2006
Next scheduled election: May 2010
usually elected prime minister by the Staten; election last held 27
January 2006
Next scheduled election: May 2010
| DECLARATION OF HUMAN RIGHTS |
| ETHNIC GROUPS |
Mixed black 85%, other 15% (includes Carib Amerindian, white, East Asian)
| RELIGIONS |
Roman Catholic 72%, Pentecostal 4.9%, Protestant 3.5%, Seventh-Day Adventist 3.1%, Methodist 2.9%, Jehovah's Witnesses 1.7%,
other Christian 4.2%, Jewish 1.3%, other or unspecified 1.2%, none 5.2% (2001 census)
other Christian 4.2%, Jewish 1.3%, other or unspecified 1.2%, none 5.2% (2001 census)
| GOVERNMENT STRUCTURE |
An autonomous country within the Kingdom of the Netherlands; full autonomy in internal affairs granted in 1954; Dutch Government
responsible for defense and foreign affairs; each island has its own government; Legal system is based on Dutch civil law system with
some English common law influence
Executive: The monarch is hereditary; governor general appointed by the monarch for a six-year term; following legislative elections, the
leader of the majority party is usually elected prime minister by the Staten; election last held 27 January 2006 (next to be held by 2010)
Legislative: Unicameral States or Staten (22 seats, Curacao 14, Bonaire 3, St. Maarten 3, St. Eustatius 1, Saba 1; members are
elected by popular vote to serve four-year terms)
elections: last held 27 January 2006 (next to be held in 2010)
Judicial: Joint High Court of Justice (judges appointed by the monarch)
responsible for defense and foreign affairs; each island has its own government; Legal system is based on Dutch civil law system with
some English common law influence
Executive: The monarch is hereditary; governor general appointed by the monarch for a six-year term; following legislative elections, the
leader of the majority party is usually elected prime minister by the Staten; election last held 27 January 2006 (next to be held by 2010)
Legislative: Unicameral States or Staten (22 seats, Curacao 14, Bonaire 3, St. Maarten 3, St. Eustatius 1, Saba 1; members are
elected by popular vote to serve four-year terms)
elections: last held 27 January 2006 (next to be held in 2010)
Judicial: Joint High Court of Justice (judges appointed by the monarch)
| LANGUAGES |
Papiamento 65.4% (a Spanish-Portuguese-Dutch-English dialect), English 15.9% (widely spoken), Dutch 7.3% (official), Spanish
6.1%, Creole 1.6%, other 1.9%, unspecified 1.8% (2001 census)
6.1%, Creole 1.6%, other 1.9%, unspecified 1.8% (2001 census)
| BRIEF HISTORY |
On Sint Maarten, Ancient relics date the island's first settlers, probably Ciboney Indians (a subgroup of Arawaks), back to 3,500
years ago. Then another group of Arawaks migrated from South America's Orinoco basin around 800 A.D. Because of St.
Martin's salt-pans they called it “Sualouiga,” or “Land of Salt.” Mainly a farming and fishing society, the Arawaks lived in villages of
straw-roofed buildings which were strong enough to resist hurricanes. Their tranquil civilization valued artistic and spiritual pursuits.
Their lives were turned upside-down, however, with the descent of the Carib Indians from the same region they had come from. A
warrior nation, the Caribs killed the Arawak men and enslaved the women. When Europeans began to explore the Caribbean,
Carib society had almost completely displaced the Arawaks. The origin of the name "Saba" is believed by some to be a variant of
Dutch for "shoe", due to the shoe like silhouette of the island from the ocean. Another, perhaps more likely theory is that the island's
name is derived from the Arawak Indian word for "rock", which was "siba" Sint Eustatius, also known as Statia, or Saint Eustace, is
one of the islands which make up the Netherlands Antilles; it is in the northern, Leeward Islands portion of the West Indies, some
distance southeast of the Virgin Islands. Bonaire's first inhabitants were the Caiquetios, a branch of the Arawak Indians who sailed
across from what is now Venezuela around 1000 AD. Traces of Caiquetio culture are at a number of archaeological sites, including
those at Lac Bay and northeast of Kralendijk. Rock paintings and petroglyphs have survived at the caves at Spelonk, Onima, Ceru
Pungi, and Ceru Crita-Cabai. The Caiquetios were apparently a very tall people, for the Spanish dubbed the Leeward Islands 'las
Islas de los Gigantes' (the islands of the giants). The original inhabitants of Curaçao were Arawak Amerindians. The Netherlands
Antilles were colonized by the Netherlands in the 17th century. They were once the center of the Caribbean slave trade. The island
of Curaçao was hit hard by the abolition of slavery in 1863. Its prosperity (and that of neighboring Aruba) was restored in the early
20th century with the construction of oil refineries to service the newly discovered Venezuelan oil fields. The island of Saint Martin is
shared with France (whose northern portion is named Saint-Martin and was a part of Guadeloupe, though there have been
movements to become a separate overseas territory). The Netherlands Antilles remain part of the Kingdom of the Netherlands. In
1954, the status of islands was promoted from that of a colonial territory to part of the Kingdom of the Netherlands as an
associated state within a federacy. The island of Aruba was part of the Netherlands Antilles until 1986, when it was granted status
aparte (i.e. it became a self-governing part of the Kingdom of the Netherlands). Between June 2000 and April 2005, each island of
the Netherlands Antilles had referendums on their future status. The four options that could be voted on were: 1) closer ties with the
Netherlands, 2) remaining within the Netherlands Antilles, 3) Autonomy as a country within the Kingdom of the Netherlands (status
aparte) and, 4) independence. Of the islands, Sint Maarten and Curaçao voted for status aparte. Saba and Bonaire voted for closer
ties to the Netherlands. Sint Eustatius was the only island to vote to stay in the Netherlands Antilles. On October 12, 2006, the
Netherlands reached an agreement with Saba, Bonaire, and Sint Eustatius; this agreement would make these islands special
municipalities. On November 3, 2006, Curaçao and Sint Maarten were granted autonomy in an agreement, but this agreement was
rejected by Curaçao on November 28.The Curaçao government was not sufficiently convinced that the agreement would provide
enough autonomy for Curaçao. On July 9, 2007 Curaçao approved the agreement it had rejected in November 2006. On February
12, 2007, an agreement was signed between the Netherlands and every island except Curaçao. This agreement would end the
Netherlands Antilles by December 15, 2008 and make 1 billion guilders available for debt relief, social development and poverty
reduction.
Source: Wikipedia: History of Netherlands Antilles
years ago. Then another group of Arawaks migrated from South America's Orinoco basin around 800 A.D. Because of St.
Martin's salt-pans they called it “Sualouiga,” or “Land of Salt.” Mainly a farming and fishing society, the Arawaks lived in villages of
straw-roofed buildings which were strong enough to resist hurricanes. Their tranquil civilization valued artistic and spiritual pursuits.
Their lives were turned upside-down, however, with the descent of the Carib Indians from the same region they had come from. A
warrior nation, the Caribs killed the Arawak men and enslaved the women. When Europeans began to explore the Caribbean,
Carib society had almost completely displaced the Arawaks. The origin of the name "Saba" is believed by some to be a variant of
Dutch for "shoe", due to the shoe like silhouette of the island from the ocean. Another, perhaps more likely theory is that the island's
name is derived from the Arawak Indian word for "rock", which was "siba" Sint Eustatius, also known as Statia, or Saint Eustace, is
one of the islands which make up the Netherlands Antilles; it is in the northern, Leeward Islands portion of the West Indies, some
distance southeast of the Virgin Islands. Bonaire's first inhabitants were the Caiquetios, a branch of the Arawak Indians who sailed
across from what is now Venezuela around 1000 AD. Traces of Caiquetio culture are at a number of archaeological sites, including
those at Lac Bay and northeast of Kralendijk. Rock paintings and petroglyphs have survived at the caves at Spelonk, Onima, Ceru
Pungi, and Ceru Crita-Cabai. The Caiquetios were apparently a very tall people, for the Spanish dubbed the Leeward Islands 'las
Islas de los Gigantes' (the islands of the giants). The original inhabitants of Curaçao were Arawak Amerindians. The Netherlands
Antilles were colonized by the Netherlands in the 17th century. They were once the center of the Caribbean slave trade. The island
of Curaçao was hit hard by the abolition of slavery in 1863. Its prosperity (and that of neighboring Aruba) was restored in the early
20th century with the construction of oil refineries to service the newly discovered Venezuelan oil fields. The island of Saint Martin is
shared with France (whose northern portion is named Saint-Martin and was a part of Guadeloupe, though there have been
movements to become a separate overseas territory). The Netherlands Antilles remain part of the Kingdom of the Netherlands. In
1954, the status of islands was promoted from that of a colonial territory to part of the Kingdom of the Netherlands as an
associated state within a federacy. The island of Aruba was part of the Netherlands Antilles until 1986, when it was granted status
aparte (i.e. it became a self-governing part of the Kingdom of the Netherlands). Between June 2000 and April 2005, each island of
the Netherlands Antilles had referendums on their future status. The four options that could be voted on were: 1) closer ties with the
Netherlands, 2) remaining within the Netherlands Antilles, 3) Autonomy as a country within the Kingdom of the Netherlands (status
aparte) and, 4) independence. Of the islands, Sint Maarten and Curaçao voted for status aparte. Saba and Bonaire voted for closer
ties to the Netherlands. Sint Eustatius was the only island to vote to stay in the Netherlands Antilles. On October 12, 2006, the
Netherlands reached an agreement with Saba, Bonaire, and Sint Eustatius; this agreement would make these islands special
municipalities. On November 3, 2006, Curaçao and Sint Maarten were granted autonomy in an agreement, but this agreement was
rejected by Curaçao on November 28.The Curaçao government was not sufficiently convinced that the agreement would provide
enough autonomy for Curaçao. On July 9, 2007 Curaçao approved the agreement it had rejected in November 2006. On February
12, 2007, an agreement was signed between the Netherlands and every island except Curaçao. This agreement would end the
Netherlands Antilles by December 15, 2008 and make 1 billion guilders available for debt relief, social development and poverty
reduction.
Source: Wikipedia: History of Netherlands Antilles
| ECONOMIC OVERVIEW |
Tourism, petroleum refining, and offshore finance are the mainstays of this small economy, which is closely tied to the outside world.
Although GDP has declined or grown slightly in each of the past eight years, the islands enjoy a high per capita income and a
well-developed infrastructure compared with other countries in the region. Most of the oil Netherlands Antilles imports for its
refineries come from Venezuela. Almost all consumer and capital goods are imported, the US, Italy, and Mexico being the major
suppliers. Poor soils and inadequate water supplies hamper the development of agriculture. Budgetary problems hamper reform of
the health and pension systems of an aging population. The Netherlands provides financial aid to support the economy.
Source: CIA World Factbook (select Netherlands Antilles)
Although GDP has declined or grown slightly in each of the past eight years, the islands enjoy a high per capita income and a
well-developed infrastructure compared with other countries in the region. Most of the oil Netherlands Antilles imports for its
refineries come from Venezuela. Almost all consumer and capital goods are imported, the US, Italy, and Mexico being the major
suppliers. Poor soils and inadequate water supplies hamper the development of agriculture. Budgetary problems hamper reform of
the health and pension systems of an aging population. The Netherlands provides financial aid to support the economy.
Source: CIA World Factbook (select Netherlands Antilles)
| POLITICAL CLIMATE |
Politics of the Netherlands Antilles, a constituent country of the Kingdom of the Netherlands, takes place in a framework of a
parliamentary representative democratic country, whereby the prime minister is the head of government, and of a pluriform
multi-party system. Executive power is exercised by the government. Federal legislative power is vested in both the government and
parliament. The Judiciary is independent of the executive and the legislature. The Netherlands Antilles have full autonomy on most
matters. Exceptions are defence, foreign affairs, and the Supreme Court.
Executive power rests with a governor, and a prime minister heads an eight-member Cabinet. The governor is appointed for a
six-year term by the monarch, and the prime minister and deputy prime minister are elected by the Staten for four-year terms. The
legislature or Staten elected by direct, popular vote to serve four-year terms.
The judicial system, which has mainly been derived from the Dutch system, operates independently of the legislature and the
executive. Jurisdiction, including appeal, lies with the Common Court of Justice of the Netherlands Antilles and Aruba and the
Supreme Court of Justice in the Netherlands.
The Netherlands Antilles were to be disbanded by the end of 2008. Curaçao and Sint-Maarten are to become separate landen
within the Kingdom of the Netherlands, with a status similar to that of Aruba. Bonaire, Saba and Sint Eustatius will become part the
"special communities" of the Netherlands-proper. As of September 2009, the reforms seem to have been postponed indefinitely.
Source: Wikipedia: Politics of Netherlands Antilles
parliamentary representative democratic country, whereby the prime minister is the head of government, and of a pluriform
multi-party system. Executive power is exercised by the government. Federal legislative power is vested in both the government and
parliament. The Judiciary is independent of the executive and the legislature. The Netherlands Antilles have full autonomy on most
matters. Exceptions are defence, foreign affairs, and the Supreme Court.
Executive power rests with a governor, and a prime minister heads an eight-member Cabinet. The governor is appointed for a
six-year term by the monarch, and the prime minister and deputy prime minister are elected by the Staten for four-year terms. The
legislature or Staten elected by direct, popular vote to serve four-year terms.
The judicial system, which has mainly been derived from the Dutch system, operates independently of the legislature and the
executive. Jurisdiction, including appeal, lies with the Common Court of Justice of the Netherlands Antilles and Aruba and the
Supreme Court of Justice in the Netherlands.
The Netherlands Antilles were to be disbanded by the end of 2008. Curaçao and Sint-Maarten are to become separate landen
within the Kingdom of the Netherlands, with a status similar to that of Aruba. Bonaire, Saba and Sint Eustatius will become part the
"special communities" of the Netherlands-proper. As of September 2009, the reforms seem to have been postponed indefinitely.
Source: Wikipedia: Politics of Netherlands Antilles
| INTERNATIONAL DISPUTES |
None reported.
| REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS) |
None reported.
| ILLICIT DRUGS |
Transshipment point for South American drugs bound for the US and Europe; money-laundering center
| HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES |
2008 Human Rights Report: Netherlands Antilles (from Netherlands report)
Bureau of Democracy, Human Rights, and Labor
2008 Country Reports on Human Rights Practices
February 25, 2009
Aruba and the Netherlands Antilles are two semiautonomous countries of the Kingdom of the Netherlands; they also feature
parliamentary systems and full constitutional protection of human rights. Respect for human rights in these islands generally was the
same as in the European Netherlands; however, conditions in the islands' prisons remained substandard in some respects.
Prison and detention conditions in the Netherlands generally met international standards, and the government permitted visits by
independent human rights observers. In the Netherlands Antilles, judges may sentence juveniles under the age of 16 who have committed
serious offenses to prisons where they serve time together with adults; however, authorities allocated funding during the year to expand
prison capacity to permit such juvenile offenders to be kept separately.
Shortcomings in detention and prison facilities, particularly overcrowding, persisted in Curacao and St. Maarten (Netherlands Antilles);
however, due to increases in the capacity of their custodial facilities, overcrowding was no longer a problem in Aruba and Bonaire
(Netherlands Antilles). A pilot project employing house arrest for selected inmates continued. A shooting, several stabbings, and a hunger
strike took place among inmates of the Bon Futuro prison on Curacao. Prison guards went on strike once over labor conditions. On St.
Maarten inmates went on strike once over remuneration for prison work and other grievances. The government reserved 25 million
Netherlands Antilles guilders (approximately $14 million) for the improvement of the Bon Futuro prison and for detention centers on the
other Antillean islands.
In May 2007 the CAT criticized the excessive length of pretrial detention and the high number of detainees in Aruba and the Netherlands
Antilles who have not been convicted of a crime. The governments of the two territories have reduced the number of crimes requiring
pretrial detention and implemented other policies aimed at reducing the case backlog, particularly more expeditious processing of cases
involving illegal drugs.
Procedures and rights were the same or similar in Aruba and the Netherlands Antilles, where they were generally respected in practice;
however, in 2007 the CAT expressed concern that in the Netherlands Antilles, a lawyer for the detainee may be present during
interrogation only with the prior authorization of a magistrate. However, there were no reports during the year that requests for the
presence of an attorney were denied.
Click here to read more »
Bureau of Democracy, Human Rights, and Labor
2008 Country Reports on Human Rights Practices
February 25, 2009
Aruba and the Netherlands Antilles are two semiautonomous countries of the Kingdom of the Netherlands; they also feature
parliamentary systems and full constitutional protection of human rights. Respect for human rights in these islands generally was the
same as in the European Netherlands; however, conditions in the islands' prisons remained substandard in some respects.
Prison and detention conditions in the Netherlands generally met international standards, and the government permitted visits by
independent human rights observers. In the Netherlands Antilles, judges may sentence juveniles under the age of 16 who have committed
serious offenses to prisons where they serve time together with adults; however, authorities allocated funding during the year to expand
prison capacity to permit such juvenile offenders to be kept separately.
Shortcomings in detention and prison facilities, particularly overcrowding, persisted in Curacao and St. Maarten (Netherlands Antilles);
however, due to increases in the capacity of their custodial facilities, overcrowding was no longer a problem in Aruba and Bonaire
(Netherlands Antilles). A pilot project employing house arrest for selected inmates continued. A shooting, several stabbings, and a hunger
strike took place among inmates of the Bon Futuro prison on Curacao. Prison guards went on strike once over labor conditions. On St.
Maarten inmates went on strike once over remuneration for prison work and other grievances. The government reserved 25 million
Netherlands Antilles guilders (approximately $14 million) for the improvement of the Bon Futuro prison and for detention centers on the
other Antillean islands.
In May 2007 the CAT criticized the excessive length of pretrial detention and the high number of detainees in Aruba and the Netherlands
Antilles who have not been convicted of a crime. The governments of the two territories have reduced the number of crimes requiring
pretrial detention and implemented other policies aimed at reducing the case backlog, particularly more expeditious processing of cases
involving illegal drugs.
Procedures and rights were the same or similar in Aruba and the Netherlands Antilles, where they were generally respected in practice;
however, in 2007 the CAT expressed concern that in the Netherlands Antilles, a lawyer for the detainee may be present during
interrogation only with the prior authorization of a magistrate. However, there were no reports during the year that requests for the
presence of an attorney were denied.
Click here to read more »
11 August 2009
HUMAN RIGHTS COMMITTEE Ninety-sixth session Geneva, 13-31 July 2009
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT
Concluding observations of the Human Rights Committee
NETHERLANDS ANTILLES
A. Introduction
2. The Committee welcomes the fourth periodic report of the Netherlands, which gives detailed information on measures adopted by the
State party and on its forthcoming plans to further the implementation of the Covenant. The Committee expresses its appreciation for the
quality of the written responses to the list of issues and for the responses given orally by the delegation.
B. Positive aspects
20. The Committee welcomes the development of a national referral system in 2006 for victims of trafficking in need of assistance,
which is periodically updated in consultation with the International Organization for Migration and the Human Trafficking Coordination
Centre.
C. Principal subjects of concern and recommendations
21. The Committee commends the State party on the amendment to the law allowing for the judicial declaration of paternity in respect of
children born out of wedlock. However, it is concerned that children born out of wedlock continue to suffer discrimination through the
loss or limitation of their right of inheritance.(arts. 2 and 26)
The State party should amend its legislation with a view to removing all provisions which discriminate against children born out of
wedlock in matters of inheritance.
22. The Committee notes with concern that human trafficking is not a separate criminal offence under Antillean law and that trafficking
in human beings is addressed by charging under other crimes in the Criminal Code, including false imprisonment and sexual offences.
The Committee considers that it is important to criminalize trafficking as a discrete offence as this takes account of the specific elements
of trafficking and increases the likelihood of successful prosecutions. (art. 7)
The State party should introduce a separate offence of trafficking in human beings into its Criminal Code.
Click here to read more »
HUMAN RIGHTS COMMITTEE Ninety-sixth session Geneva, 13-31 July 2009
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT
Concluding observations of the Human Rights Committee
NETHERLANDS ANTILLES
A. Introduction
2. The Committee welcomes the fourth periodic report of the Netherlands, which gives detailed information on measures adopted by the
State party and on its forthcoming plans to further the implementation of the Covenant. The Committee expresses its appreciation for the
quality of the written responses to the list of issues and for the responses given orally by the delegation.
B. Positive aspects
20. The Committee welcomes the development of a national referral system in 2006 for victims of trafficking in need of assistance,
which is periodically updated in consultation with the International Organization for Migration and the Human Trafficking Coordination
Centre.
C. Principal subjects of concern and recommendations
21. The Committee commends the State party on the amendment to the law allowing for the judicial declaration of paternity in respect of
children born out of wedlock. However, it is concerned that children born out of wedlock continue to suffer discrimination through the
loss or limitation of their right of inheritance.(arts. 2 and 26)
The State party should amend its legislation with a view to removing all provisions which discriminate against children born out of
wedlock in matters of inheritance.
22. The Committee notes with concern that human trafficking is not a separate criminal offence under Antillean law and that trafficking
in human beings is addressed by charging under other crimes in the Criminal Code, including false imprisonment and sexual offences.
The Committee considers that it is important to criminalize trafficking as a discrete offence as this takes account of the specific elements
of trafficking and increases the likelihood of successful prosecutions. (art. 7)
The State party should introduce a separate offence of trafficking in human beings into its Criminal Code.
Click here to read more »
Freedom In The World 2007 Report
Overview
The center-right government resigned in June 2006 after an internal dispute involving the immigration minister and Somali-born Member
of Parliament Ayaan Hirsi Ali, a collaborator of slain filmmaker Theo van Gogh. Early elections were held in November, and talks on a
new ruling coalition were ongoing at year’s end. Nine members of a radical Islamic terrorist cell known as the Hofstad group, which had
been linked to Van Gogh’s death, were convicted in March. Also in November, the Netherlands signed an agreement that would break up
the Netherlands Antilles in 2007, granting autonomy to the Caribbean islands of Curacao and St. Maarten and making three smaller
islands Dutch municipalities.
The Netherlands signed an agreement in November granting autonomy to the Caribbean territories of Curacao and St. Maarten. The
islands, which were part of the Netherlands Antilles at the time, would each be self-governing as of July 2007 except in the areas of
defense, law enforcement, and foreign policy. Meanwhile, the smaller islands in the Netherlands Antilles—Bonaire, Saba, and St.
Eustatius—were set to strengthen their Dutch ties by gaining the status of Netherlands municipalities.
Click here to read more »
Overview
The center-right government resigned in June 2006 after an internal dispute involving the immigration minister and Somali-born Member
of Parliament Ayaan Hirsi Ali, a collaborator of slain filmmaker Theo van Gogh. Early elections were held in November, and talks on a
new ruling coalition were ongoing at year’s end. Nine members of a radical Islamic terrorist cell known as the Hofstad group, which had
been linked to Van Gogh’s death, were convicted in March. Also in November, the Netherlands signed an agreement that would break up
the Netherlands Antilles in 2007, granting autonomy to the Caribbean islands of Curacao and St. Maarten and making three smaller
islands Dutch municipalities.
The Netherlands signed an agreement in November granting autonomy to the Caribbean territories of Curacao and St. Maarten. The
islands, which were part of the Netherlands Antilles at the time, would each be self-governing as of July 2007 except in the areas of
defense, law enforcement, and foreign policy. Meanwhile, the smaller islands in the Netherlands Antilles—Bonaire, Saba, and St.
Eustatius—were set to strengthen their Dutch ties by gaining the status of Netherlands municipalities.
Click here to read more »
Amnesty demands Dutch and Danish take care of pirates
Published: 4 February 2009
By Politiken
Amnesty International is urging quick action to address the legal position of five pirates on board a Danish vessel.
Five Somali pirates have been on board the Danish warship Absalon for more than a month without being brought before a judge, despite
agreement from the Netherlands several weeks ago that they could be tried under Dutch jurisdiction.
Under Danish law, the five should have been presented before a judge under habeas corpus rules within 24 hours. The pirates were
detained on December 31 after attempting to hijack a Dutch Antilles-flaged vessel in the Gulf of Aden.
Although Denmark and the Netherlands have agreed that the five could be tried in the Netherlands, the two countries have been haggling
since the detention on the international legal ramifications of where and how to hand the five over to Dutch authorities.
Amnesty demands solution
"Insecurity as to what is to happen to them is difficult for the five," says Amnesty press chief Ole Hoff Lund. Amnesty International is
demanding a solution to the issue within a few days.
The Absalon is currently in Bahrain, and was to have continued its operations guarding shipping off Somalia against pirate attacks. The
vessel is, however, unlikely to leave port with the five Somalis still on board.
Click here to read more»
Published: 4 February 2009
By Politiken
Amnesty International is urging quick action to address the legal position of five pirates on board a Danish vessel.
Five Somali pirates have been on board the Danish warship Absalon for more than a month without being brought before a judge, despite
agreement from the Netherlands several weeks ago that they could be tried under Dutch jurisdiction.
Under Danish law, the five should have been presented before a judge under habeas corpus rules within 24 hours. The pirates were
detained on December 31 after attempting to hijack a Dutch Antilles-flaged vessel in the Gulf of Aden.
Although Denmark and the Netherlands have agreed that the five could be tried in the Netherlands, the two countries have been haggling
since the detention on the international legal ramifications of where and how to hand the five over to Dutch authorities.
Amnesty demands solution
"Insecurity as to what is to happen to them is difficult for the five," says Amnesty press chief Ole Hoff Lund. Amnesty International is
demanding a solution to the issue within a few days.
The Absalon is currently in Bahrain, and was to have continued its operations guarding shipping off Somalia against pirate attacks. The
vessel is, however, unlikely to leave port with the five Somalis still on board.
Click here to read more»
No Reports from Human Rights Watch mentioning Netherlands Antilles after exhaustive search of their database. Please
forward any information you may have regarding Human Rights Watch efforts on behalf of Netherlands Antilles to the Pax
Gaea World Report editor at the link below
Contact the editor »
forward any information you may have regarding Human Rights Watch efforts on behalf of Netherlands Antilles to the Pax
Gaea World Report editor at the link below
Contact the editor »
Human Rights Committee discusses civil and political rights in the Netherlands
HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF THE NETHERLANDS, THE NETHERLANDS ANTILLES AND
ARUBA
(15 July 2009)
Dick Piar, Attorney-General of the Netherlands Antilles, introducing the report on the Netherlands Antilles, said that the constitutional
restructuring of the Netherlands Antilles had been a major development in the past two decades. New referendums had been held which
had supported a separate country within the Kingdom of the Netherlands for Curacao and St. Maarten and the integration of Bonaire,
Saba and St. Eustatius as public bodes within the Netherlands. On prisons and police issues, the Government of the Netherlands Antilles
had been able to make some of the required improvements to the buildings of the prison facilities and detention centers; and recruitment
and training of police and prison personnel had also taken place.
The report of the Netherlands Antilles (CCPR/C/NET/Add.2) notes that the new draft Criminal Code is currently being submitted to the
country’s advisory bodies, and it expected to become law in 2008. The revision will include scrapping the provision on the death penalty.
Unlike the Netherlands, the Netherlands Antilles does not have an Equal Treatment (Men and Women) Act. In the Netherlands Antilles,
the right to equal treatment is guaranteed, among other things, by the direct operation in our legal system of the ban on discrimination
contained in the International Covenant on Civil and Political Rights. According to settled case law, article 26 of the International
Covenant is sufficiently precise and unconditional for courts to apply directly.
Regarding prison facilities, the Government of the Netherlands Antilles had been able to make some of the required improvements to the
buildings of the prison facilities and detention centres. Recruitment and training of police and prison personnel had also taken place. The
United States had put the Netherlands Antilles on its watch list in its trafficking in person report 2009. The Netherlands Antilles did not
agree with that report, as the information was outdated. Specific legislation was not yet in place, but a number of trafficking in persons’
cases had been brought to justice.
Mr. Piar said that, although human trafficking was not yet a criminal offence under a separate article, cases of human trafficking were
tackled by prosecuting for other offences such as fraud, kidnapping, people smuggling and coercion as defined in the Criminal Code.
Under the Criminal Code, the selling of women and minors was an offence carrying a maximum prison sentence of five years. People
smuggling was made a criminal offence in the Netherlands Antilles in 2003. Anti-trafficking efforts of the Netherlands Antilles had been
intensified in 2004 when a working group was established on Curacao in 2004 and in 2007 on Sint Maarten. Various awareness-raising
and capacity building projects had been carried out in cooperation with the International Organization for Migration. The Public
Prosecutor’s Office had made the fight against human trafficking and people smuggling one of its policy priorities.
Click here to read more »
HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF THE NETHERLANDS, THE NETHERLANDS ANTILLES AND
ARUBA
(15 July 2009)
Dick Piar, Attorney-General of the Netherlands Antilles, introducing the report on the Netherlands Antilles, said that the constitutional
restructuring of the Netherlands Antilles had been a major development in the past two decades. New referendums had been held which
had supported a separate country within the Kingdom of the Netherlands for Curacao and St. Maarten and the integration of Bonaire,
Saba and St. Eustatius as public bodes within the Netherlands. On prisons and police issues, the Government of the Netherlands Antilles
had been able to make some of the required improvements to the buildings of the prison facilities and detention centers; and recruitment
and training of police and prison personnel had also taken place.
The report of the Netherlands Antilles (CCPR/C/NET/Add.2) notes that the new draft Criminal Code is currently being submitted to the
country’s advisory bodies, and it expected to become law in 2008. The revision will include scrapping the provision on the death penalty.
Unlike the Netherlands, the Netherlands Antilles does not have an Equal Treatment (Men and Women) Act. In the Netherlands Antilles,
the right to equal treatment is guaranteed, among other things, by the direct operation in our legal system of the ban on discrimination
contained in the International Covenant on Civil and Political Rights. According to settled case law, article 26 of the International
Covenant is sufficiently precise and unconditional for courts to apply directly.
Regarding prison facilities, the Government of the Netherlands Antilles had been able to make some of the required improvements to the
buildings of the prison facilities and detention centres. Recruitment and training of police and prison personnel had also taken place. The
United States had put the Netherlands Antilles on its watch list in its trafficking in person report 2009. The Netherlands Antilles did not
agree with that report, as the information was outdated. Specific legislation was not yet in place, but a number of trafficking in persons’
cases had been brought to justice.
Mr. Piar said that, although human trafficking was not yet a criminal offence under a separate article, cases of human trafficking were
tackled by prosecuting for other offences such as fraud, kidnapping, people smuggling and coercion as defined in the Criminal Code.
Under the Criminal Code, the selling of women and minors was an offence carrying a maximum prison sentence of five years. People
smuggling was made a criminal offence in the Netherlands Antilles in 2003. Anti-trafficking efforts of the Netherlands Antilles had been
intensified in 2004 when a working group was established on Curacao in 2004 and in 2007 on Sint Maarten. Various awareness-raising
and capacity building projects had been carried out in cooperation with the International Organization for Migration. The Public
Prosecutor’s Office had made the fight against human trafficking and people smuggling one of its policy priorities.
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25 September 2006
Questions raised about draft Ombudsman law
PHILIPSBURG--Several questions were raised about the draft Ombudsman law during Friday’s Central Committee meeting. Island
Council member and People’s Progressive Alliance (PPA) leader Gracita Arrindell stated after the meeting that the PPA, which had
submitted the law to the Island Council, would answer the questions promptly.
PPA presented an introduction of the bill to members of the Central Committee during the meeting. The introduction included, among
other things, PPA’s response to the Executive Council’s letter of July 10, regarding what the party considered the highly restrictive
procedure for a member of the Island Council to submit a proposal.
“We took note that the response was not part of the incoming documents to the meeting, while we reiterated our position that a draft law
may be submitted at any time and does not necessarily have to be submitted prior to an Island Council meeting being called or during an
Island Council meeting only,” Arrindell said.
Democratic Party (DP) Commissioner Sarah Wescot-Williams made some general observations. She called it “regrettable” that the topic
of the Ombudsman had been so “polarised.” She said the suggestion that any faction in the Island Council was against the Ombudsman
was disregarding what collectively had been agreed to: to make the topic of an Ombudsman an “inextricable part” of St. Maarten’s quest
for country status.
Wescot-Williams posed a number of questions. She asked Arrindell to clarify the similarities to and deviations from Curaçao’s
Ombudsman law. She asked if there was a reason the Ombudsman should be established in six months. She asked about the function
requirements, which she stated were not mentioned in the law proposal.
The Commissioner asked for an overview of the annual reports of the Curaçao Ombudsman, especially from the perspective of the
number of cases and its growth or decrease. She asked about the initial cost or cost factors in instituting an Ombudsman here.
Wescot-Williams explained that the position paper “St. Maarten as a country within the Kingdom,” also called the framework document,
mentioned an Ombudsman function, but put this authority in the hands of the office of the National Council on Good Governance.
In addition, Wescot-Williams said, the draft Constitution for the Country St. Maarten creates the legal requirement for implementation of
an investigatory organ on government’s conduct. She said the firm KPMG, currently engaged in detailing the country St. Maarten’s
organisation, had been collecting information on the institution of Ombudsman, from the Curaçao Ombudsman, among others.
Click here to read more »
Questions raised about draft Ombudsman law
PHILIPSBURG--Several questions were raised about the draft Ombudsman law during Friday’s Central Committee meeting. Island
Council member and People’s Progressive Alliance (PPA) leader Gracita Arrindell stated after the meeting that the PPA, which had
submitted the law to the Island Council, would answer the questions promptly.
PPA presented an introduction of the bill to members of the Central Committee during the meeting. The introduction included, among
other things, PPA’s response to the Executive Council’s letter of July 10, regarding what the party considered the highly restrictive
procedure for a member of the Island Council to submit a proposal.
“We took note that the response was not part of the incoming documents to the meeting, while we reiterated our position that a draft law
may be submitted at any time and does not necessarily have to be submitted prior to an Island Council meeting being called or during an
Island Council meeting only,” Arrindell said.
Democratic Party (DP) Commissioner Sarah Wescot-Williams made some general observations. She called it “regrettable” that the topic
of the Ombudsman had been so “polarised.” She said the suggestion that any faction in the Island Council was against the Ombudsman
was disregarding what collectively had been agreed to: to make the topic of an Ombudsman an “inextricable part” of St. Maarten’s quest
for country status.
Wescot-Williams posed a number of questions. She asked Arrindell to clarify the similarities to and deviations from Curaçao’s
Ombudsman law. She asked if there was a reason the Ombudsman should be established in six months. She asked about the function
requirements, which she stated were not mentioned in the law proposal.
The Commissioner asked for an overview of the annual reports of the Curaçao Ombudsman, especially from the perspective of the
number of cases and its growth or decrease. She asked about the initial cost or cost factors in instituting an Ombudsman here.
Wescot-Williams explained that the position paper “St. Maarten as a country within the Kingdom,” also called the framework document,
mentioned an Ombudsman function, but put this authority in the hands of the office of the National Council on Good Governance.
In addition, Wescot-Williams said, the draft Constitution for the Country St. Maarten creates the legal requirement for implementation of
an investigatory organ on government’s conduct. She said the firm KPMG, currently engaged in detailing the country St. Maarten’s
organisation, had been collecting information on the institution of Ombudsman, from the Curaçao Ombudsman, among others.
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| NEDERLANDS JURISTEN COMITE VOOR DE MENSENRECHTEN/ DUTCH SECTION OF THE INTERNATIONAL COMMISSION OF JURISTS |
United Nations critical on human rights situation in Kingdom of the Netherlands
18 April 2008
GENEVA. On Friday 18 April 2008 the UN-Human Rights Council (HRC) accepted unanimously a report with 31 recommendations for
the improvement of the human rights situation in the Kingdom of the Netherlands. The recommendations are the result of the human
rights examination (Universal Periodic Review) of the Dutch government on 15 April. The government is not obliged to accept and
implement all recommendations. It has to decide which recommendations it is willing to accept by next June.
The Kingdom of the Netherlands was one of the first countries ever to be reviewed by the HRC in Geneva, Switzerland. The exam of the
Netherlands was based on the State report and reports by civil society. The only report by Dutch NGOs was written by the NJCM and
supported by twelve other Dutch human rights organizations. The aim of the review was to examine whether and how the Netherlands is
complying with international human rights standards. The delegation of the Netherlands was questioned for three hours, among other
issues on the increase of islamofobia and other forms of discrimination, violence against women and children, rights of migrants, the
consequences of counter-terrorism measures and human trafficking.
The HRC was content about the open attitude of the Dutch government during the exam. Contrary to some other States under review,
the Dutch government replied to all questions posed by the member States. However, it did not immediately adopt all recommendations,
as for example Ecuador had done as a token of good faith for this new human rights mechanism.
The HRC - facilitated by the Troika of Pakistan, Peru en Nigeria - in its recommendations urges the Netherlands to take action on,
among other issues:
* To increase its efforts to prevent acts of discrimination against migrants and improve the integration of minorities.
* To inform the UN on the human rights situation in the Netherlands Antilles and Aruba as part of the Kingdom. For example on the
position of women and torture in prisons. The Dutch government has not done so in the past, because the oversees territories are
autonomous and it says it lacks the capacity for it. The United Kingdom, that has experience with reporting on oversees territories,
offered the Dutch government to advise them on this issue. The Netherlands accepted the offer.
* To continue to promote awareness of diversity and multiculturalism at all levels of education
* While implementing anti-terrorism measures, respect international human rights obligations.
* Ratify human rights treaties, as the International Convention on the Protection of All Persons from Enforced Disappearance, the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Optional
Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
* Address the issue of demand in the destination country in order to be successful in the fight against trafficking in persons.
Click here to read more>>
18 April 2008
GENEVA. On Friday 18 April 2008 the UN-Human Rights Council (HRC) accepted unanimously a report with 31 recommendations for
the improvement of the human rights situation in the Kingdom of the Netherlands. The recommendations are the result of the human
rights examination (Universal Periodic Review) of the Dutch government on 15 April. The government is not obliged to accept and
implement all recommendations. It has to decide which recommendations it is willing to accept by next June.
The Kingdom of the Netherlands was one of the first countries ever to be reviewed by the HRC in Geneva, Switzerland. The exam of the
Netherlands was based on the State report and reports by civil society. The only report by Dutch NGOs was written by the NJCM and
supported by twelve other Dutch human rights organizations. The aim of the review was to examine whether and how the Netherlands is
complying with international human rights standards. The delegation of the Netherlands was questioned for three hours, among other
issues on the increase of islamofobia and other forms of discrimination, violence against women and children, rights of migrants, the
consequences of counter-terrorism measures and human trafficking.
The HRC was content about the open attitude of the Dutch government during the exam. Contrary to some other States under review,
the Dutch government replied to all questions posed by the member States. However, it did not immediately adopt all recommendations,
as for example Ecuador had done as a token of good faith for this new human rights mechanism.
The HRC - facilitated by the Troika of Pakistan, Peru en Nigeria - in its recommendations urges the Netherlands to take action on,
among other issues:
* To increase its efforts to prevent acts of discrimination against migrants and improve the integration of minorities.
* To inform the UN on the human rights situation in the Netherlands Antilles and Aruba as part of the Kingdom. For example on the
position of women and torture in prisons. The Dutch government has not done so in the past, because the oversees territories are
autonomous and it says it lacks the capacity for it. The United Kingdom, that has experience with reporting on oversees territories,
offered the Dutch government to advise them on this issue. The Netherlands accepted the offer.
* To continue to promote awareness of diversity and multiculturalism at all levels of education
* While implementing anti-terrorism measures, respect international human rights obligations.
* Ratify human rights treaties, as the International Convention on the Protection of All Persons from Enforced Disappearance, the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Optional
Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
* Address the issue of demand in the destination country in order to be successful in the fight against trafficking in persons.
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| Click map for larger view |
| Click flag for Country Report |
Beatrix of the Netherlands
Queen since 30 April 1980
Queen since 30 April 1980
Represented by
Frits Goedgedrag
Governor General since 1 July 2002
Frits Goedgedrag
Governor General since 1 July 2002
| TRAFFICKING IN PERSONS |
None reported.
