WILLEMSTAD – Curaçao still does not have a formal legal framework in place to protect migrants who invoke Article 3 of the European Convention on Human Rights (ECHR). According to an updated policy document published by the Ministry of Justice in March 2025, protection from deportation in cases involving a risk of inhuman or degrading treatment is currently handled solely through ministerial policy, rather than through formal national legislation.
Policy-Based, Not Law-Based Protection
Article 3 of the ECHR strictly prohibits torture and inhuman or degrading treatment or punishment. Migrants who face a real risk of such treatment upon return to their home countries can request protection under this article. While this does not guarantee asylum, it prohibits deportation in such cases. Each request must be individually assessed by Curaçaoan authorities.
Until 2017, Curaçao had no official government procedure for such protection requests. The Red Cross and the UN refugee agency (UNHCR) previously acted as intermediaries, mainly assisting Venezuelan migrants. In response to the growing influx, a ministerial policy framework was introduced in 2017, and has since been revised multiple times.
Key Procedures Outlined—But Not Legally Binding
The current policy outlines how requests must be submitted, who handles them, and the criteria for approval or rejection. Foreign nationals must be physically present on Curaçao and report in person to immigration authorities. In principle, deportation is suspended during the processing of a request.
However, the government admits that no formal legislation supports this practice. The existing Landsverordening Toelating en Uitzetting (LTU) contains no provisions regarding Article 3 of the ECHR. There is also no law guaranteeing that appeals against denied requests automatically halt deportation. Although the minister has followed a policy of suspending deportation during appeals, this does not extend to higher appeals or complaints submitted to the European Court of Human Rights—unless a separate injunction is obtained.
Acknowledged Legal Gap
The Curaçao government acknowledges that its current practice goes beyond the legal requirements of the ECHR, but warns that this approach is becoming unsustainable due to rising numbers of protection requests. As a result, tougher policy measures are being introduced, including stricter procedures and limits on appeals.
The government also expressed its intention to eventually adopt formal legislation and explore partnerships with international organizations to help relocate migrants to safe third countries.
Legal Vulnerability Remains
For now, however, protection remains based on policy, not law—leaving a critical gap in legal safeguards for migrants. Human rights observers have long warned that this reliance on ministerial discretion leaves individuals vulnerable to policy changes influenced by shifting political priorities.
As migration pressures in the region continue to mount, Curaçao’s lack of a formal legal foundation for human rights-based protection remains a pressing issue for rule of law and migrant safety on the island.
