THE HAGUE - The United Nations treaty committees have expressed growing concerns regarding the protection of human rights in the Caribbean Netherlands, highlighting significant disparities in legal and factual protections compared to the European Netherlands. These concerns encompass a wide range of issues, including poverty, violence against women, and conditions in detention facilities. However, the primary focus remains on the unequal application of crucial international treaties within the Kingdom of the Netherlands.
Key international agreements, such as the Istanbul Convention on combating violence against women, the UN Convention on the Rights of Persons with Disabilities, and the Optional Protocol to the UN Convention Against Torture, are not currently in force in the Caribbean Netherlands. As a result, the Dutch government is not required to report on the situation in these territories under these treaties, raising alarm among human rights observers.
The Kingdom of the Netherlands, restructured in 2010, comprises four autonomous countries: Aruba, Curaçao, Sint Maarten, and the Netherlands. Bonaire, Sint Eustatius, and Saba, collectively known as the Caribbean Netherlands, are special municipalities within the Netherlands. While the College for Human Rights monitors human rights across the Netherlands, including the Caribbean Netherlands, its jurisdiction does not extend to Aruba, Curaçao, and Sint Maarten.
International treaties are signed by the Kingdom of the Netherlands as a whole, but their application is often limited to the European part of the Kingdom. When the Kingdom ratifies a treaty, the Caribbean countries are consulted to determine if they wish to have the treaty applied to their territories—a process known as "medegelding" or extension of application. In the case of the Caribbean Netherlands, the Dutch government holds the responsibility for treaty implementation.
In 2018, the Advisory Council on International Affairs (AIV) issued a warning that a human rights divide is emerging within the Kingdom. The council pointed out that citizens in the Caribbean Netherlands have fewer rights under international law compared to their counterparts in the European Netherlands. Despite this, the Kingdom Council of Ministers, which includes representatives from Aruba, Curaçao, and Sint Maarten, maintains that the Caribbean countries are responsible for their treaty obligations due to their autonomous status.
However, various UN committees, including the Committee on the Elimination of Racial Discrimination (CERD), disagree with this stance. These committees argue that the Kingdom, as the treaty signatory, is ultimately accountable for ensuring the implementation and enforcement of human rights treaties across all its territories, regardless of their constitutional status.
The delayed implementation of Dutch legislation and human rights treaties in the Caribbean Netherlands is partly attributed to the Dutch government’s decision in 2010 not to impose all Dutch laws immediately on Bonaire, Sint Eustatius, and Saba. This cautious approach has led to outdated legislation and the slow adoption of international human rights standards. In response to these concerns, the Dutch government introduced the "comply or explain" principle in 2021, which mandates that legislation in the Caribbean Netherlands should generally align with that of the European Netherlands, unless specific local conditions necessitate tailored solutions.
As the UN committees continue to scrutinize the situation, the Dutch government faces increasing pressure to bridge the human rights gap within the Kingdom, ensuring that all its citizens, regardless of their location, receive equal protection under international law.