WILLEMSTAD, THE HAGUE - More than a year after the report about the poor condition of fugitive Venezuelans in Curaçao, it appears that their situation is still troubling. Although there is now a formal (asylum) protection procedure, Venezuelans do not have the opportunity to use it. They are also regularly detained and subsequently deported without asylum procedure. The conditions in the detention centers are still not humane. On Wednesday 18 December, Eduard Nazarski, director of Amnesty Netherlands, will speak about this in a round table discussion in the Second Chamber of the Dutch Parliament.
Main concerns:
The (asylum) protection procedure (art. 3 ECHR procedure) is not yet satisfactory. According to lawyers and activists in Curaçao, Venezuelans who reach Curaçao by boat are placed in detention. Without individual Article 3 ECHR test and without legal protection, they will immediately receive a deportation decision.
Lawyers who assist Venezuelans have difficulty contacting them. In several cases people have been deported without speaking to a lawyer.
Venezuelans are detained by default in inhumane conditions, while detention can only be used as an ultimate measure. For example, Venezuelans who were detained during Amnesty's last visit to Curaçao (May 2019) are still in prison. People are barely allowed to leave their cells to air.
Call Amnesty
Amnesty calls on the Curaçao government to respect the rights of asylum seekers, refugees and migrants and to guarantee access to an asylum / protection procedure. Special attention must be paid to the rights of vulnerable people and minors. There must be alternatives to detention. Detention may only be used as a last resort.
Amnesty calls on MPs to see to it that the money that the Netherlands has promised to the Curaçao government is used to protect the rights of asylum seekers, refugees and migrants in Curaçao. The use of Dutch resources and manpower must be aimed at improving the situation of Venezuelans who have sought refuge in Curaçao. Under no circumstances may the money be used directly or indirectly to prevent access to protection and to facilitate expulsion without individual proceedings.
