WILLEMSTAD – Curaçao's failure to establish the necessary employment conditions for the Ombudsman has had consequences extending beyond the office itself, effectively preventing the appointment of a separate Children's Ombudsman for several years.
The issue has again come to light following the publication of government documents on Friday, October 23, 2026, concerning a new national decree regulating employment conditions for the Ombudsman and Deputy Ombudsman.
The decree entered into force on Saturday, October 24, more than sixteen years after Curaçao became an autonomous country.
According to the Council of Advice, the prolonged absence of proper regulations created legal obstacles that also affected the implementation of the Children's Ombudsman position.
The legal basis for appointing a separate Children's Ombudsman was established in November 2020. However, the recruitment process could not proceed because the government had not established the necessary secondary employment conditions.
As a result, a position intended to strengthen the protection of children's rights in Curaçao remained unfilled for years.
The Council of Advice has expressed serious concerns about the delay, pointing to Curaçao's obligations under the United Nations Convention on the Rights of the Child.
Curaçao has been bound by the convention since October 10, 2010, when it became an autonomous country within the Kingdom of the Netherlands.
According to the advisory body, the continued failure to appoint a Children's Ombudsman could conflict with obligations arising from the international convention.
The issue was previously highlighted in the Ombudsman's annual report, which indicated that the government's failure to establish the required employment conditions had effectively blocked the appointment process.
The absence of a dedicated Children's Ombudsman raises questions about the institutional protection of children's rights and the government's commitment to implementing the legal framework adopted in 2020.
A Children's Ombudsman would provide a specialized institutional focus on matters affecting children, including the protection of their rights and the handling of concerns involving public authorities.
However, despite the legal authorization for the position, the necessary administrative arrangements were not completed.
The Council of Advice has criticized the prolonged delay in regulating the employment conditions of the Ombudsman and related positions, describing the situation as unacceptable.
The newly implemented decree provides a more comprehensive legal framework for the Ombudsman and Deputy Ombudsman, including vacation allowances, child allowances, representation expenses, official travel, and transitional payments after leaving office.
It also clarifies provisions relating to death benefits, additional income, and the calculation of certain allowances.
However, the government has acknowledged that not all outstanding matters have been resolved.
Pension arrangements remain subject to separate legislation, while an additional amendment is required to regulate supplementary healthcare benefits.
The government has indicated that further legislative changes are being prepared, including proposals connected to the establishment of a national human rights institution.
It remains unclear when the recruitment and appointment process for a separate Children's Ombudsman will begin.
The situation highlights how delays in establishing administrative and employment regulations can have wider consequences for institutions responsible for protecting fundamental rights.
Although the government has now addressed part of the legal framework, questions remain about when Curaçao will finally appoint a dedicated Children's Ombudsman, more than five years after the position was legally established.