WILLEMSTAD – Curaçao’s Minister of Justice, Shalten Hato, has approved a new policy aimed at strengthening protections for vulnerable foreign nationals, particularly those at risk of torture or inhumane treatment if deported to their home countries. 

The revised policy introduces significant safeguards, including a requirement for a thorough individual risk assessment before any deportation can occur. 

Focus on Vulnerable Groups 

The policy places special emphasis on vulnerable populations, such as women, children, and individuals with particular backgrounds or circumstances. Additionally, it aims to minimize the use of detention as much as possible, especially in cases involving humanitarian concerns. 

From now on, requests for protection will be prioritized, especially for those currently in detention. Applicants will have the right to be heard, with access to interpreters and legal assistance if needed. 

Stronger Legal Safeguards 

Another key improvement is a broader assessment framework. Authorities must now consider not only the general conditions in a migrant’s home country, but also the individual risk the person may face if returned. 

One of the most important new provisions is that deportation will be automatically suspended once an appeal or objection is filed. This suspension will remain in place until a judge rules on the case. 

Minister Hato described the new policy as an effort to make the immigration system more humane and responsible: 

“This approach reinforces our obligation to uphold human rights, including within the admission and deportation process,” said Hato. 

Ongoing Criticism 

However, the policy does not address longstanding human rights concerns previously raised by organizations such as Amnesty International and the Human Rights Defense Curaçao (HRDC) regarding detention and reception conditions for migrants. 

The new framework also lacks provisions for external or independent monitoring, raising concerns about accountability and whether the new rules will be properly and consistently enforced. 

While the changes represent a step forward in procedural protections, critics argue that without transparent oversight, the implementation of the new policy remains uncertain.