Netherlands (Aruba) - Fourth periodic report of States parties [2005] UNCEDAWSPR 12; CEDAW/C/NLD/4/Add.1 (9 June 2005)

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Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

* The present report is being issued without formal editing. For the initial report submitted by the Government of the Netherlands, see CEDAW/C/NET/1, Add.1, Add.2 and Add.3 which were considered by the Committee at its thirteenth session. For the second periodic report submitted by the Government of the Netherlands, see CEDAW/C/NET/2, Add.1 and Add.2 which were considered by the Committee at its twenty-fifth session. For the third periodic report submitted by the Government of the Netherlands, see CEDAW/C/NET/3, Add.1 and Add.2 which were considered by the Committee at its twenty-fifth session.

The present report is submitted pursuant to article 18 of the Convention on the Elimination of all Forms of Discrimination against Women and in accordance with the guidelines of the Committee on the Elimination of Discrimination against Women. This fourth periodic report by Aruba covers the period from April 2000 to August 2004 and should be read in conjunction with the previous reports submitted by Aruba. Subjects which were dealt with in previous reports and which have remained unchanged during the period covered by this report are not commented upon.

The present report also takes into account the recommendations made by the Committee during the consideration of Aruba’s reports in 2001. It was prepared by the intergovernmental Aruban Human Rights Committee.

The Facultative Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (New York, 6 October 1999) entered into force throughout the Kingdom of the Netherlands (the Netherlands, the Netherlands Antilles and Aruba) on 22 August 2002.

Articles 1-3: Legislative and policy matters

Further to the previous report it can be reported that the cooperation agreement signed by Aruba, the Netherlands Antilles and Suriname was extended to 2003.

In November 2003, tripartite talks were again held on implementation and the extension of regional cooperation.

The new protocol sets out the following issues to be given priority in cooperation:

● organising training with the aim of raising gender awareness at all levels of society

● publication of a joint quarterly regional newsletter, the costs of which will be divided evenly between the countries

● mini-conferences aimed at knowledge exchange and transfer of new methods to specific target groups

● fostering of special training programmes for women – known as ‘women’s schools’ – at national level

The priority for the forthcoming period – 2003-2006 – is for the national bureaux to jointly focus on setting up special training programmes for women and on activities in the field of:

Further development of and support for policy on gender issues has been included in the Ministry of Social Affairs and Infrastructure’s (SZ&I) 2002-2005 policy plan. The Ministry has clearly taken as its basis the fundamental principles of sustainable development, whereby people are the focus of the development process, not only as beneficiaries but also as participants. To achieve full and equal participation in society, extra emphasis will have to be placed on the needs of individuals and groups requiring extra attention, including women.

Fleshing out the policy

To flesh out its social policy, SZ&I established a number of working groups, including one that focused on gender. The group consisted of civil servants from various government departments and representatives of non-profit organisations with relevant experience in the field. This resulted in an advisory memorandum aimed at promoting gender equality. The memorandum should be seen as an initial step towards defining a position on the gender issue, raising awareness and putting into place an integrated national gender policy.

The recommendations were based on a situation analysis of the status of women, the documentation available and the knowledge and practical experience of the members of the working group. Data from the last population census on October 2000 were used as the basis. The memorandum attempted to identify and give direction to tackle the gender issue.

The study provides insight into the status of women in terms of education, the labour market, health care, politics and public positions and into legislative discrepancies. It attempts to link the data gathered to the twelve critical areas of concern in the Beijing Platform for Action.

Recommendations were eventually made on women and human rights; women and the economy; violence against women; negative images in education and the media; participation and decision-making; and the girl child.

A conference was held in December 2003 to flesh out these recommendations. The main action point to emerge from the conference was the need to create a structure or mechanism to further develop and implement national gender policy. This led to the identification of priorities for the regional programme.

The following activities have been undertaken recently in order to implement the policy:

Inclusion of gender in various curricula

Entry into force of the National Ordinance amending the Aruban Criminal Code (changes to sex offences and introduction of offence of stalking) on 22 August 2003 (see also Article 6)

Introduction of the youth parliament in November 2003

Young people, including young women, can campaign for rights important to their individual development through the activities of the youth parliament. The introduction of the youth parliament also gives them the opportunity to get to know politics, and perhaps embark upon a political career. This is an attempt to promote social participation among young people in Aruba by listening to their views on matters that concern them. In this endeavour, articles 12, 13, 14, 15 and 17 of the Convention on the Rights of the Child are being put into practice as far as possible. A total of 46 young people have a seat on the youth council, 30 of them girls and 16 boys; 23 of them were elected to the youth parliament.

Empowerment training for women, September 2003

The aim of the training course, which took place over five half-days, was to encourage women to stand up for themselves, to gain insight into and campaign on matters that affect women, such as education, health care and safety. Various subjects were addressed (awareness-raising, standing up for yourself, discovering your own qualities, daring to make your own choices, cooperation, learning to live together) through games, role play and individual activities. The course was also designed to enable participants to give similar courses themselves. Some 15 social services staff took part in the course.

Celebration of Women’s Day

Every year the Bureau of Women’s Affairs and a number of private organisations arrange activities in celebration of International Women’s Day.

In the period under review, the Bureau held panel discussions on the themes of ‘Women and Leadership’ and ‘Positive Images of Women in the Media’. Essay competitions and information days were held for schools. An event with the theme of training opportunities for women and improving your status for yourself and your family was also held. The turnout was good and social engagement on this issue is slowly growing. In general more women than men take the courses on offer.

To mark International Women’s Day this year, the Bureau of Women’s Affairs and the Social Affairs Department’s district teams organised social and cultural activities in each district on the island, focusing on the central theme of ‘Woman’. The aim was to reach more women in society. Amnesty International Aruba held a silent procession to draw attention to the problem of violence against women.

Other awareness-raising activities

In recent years, the Foundation for Women in Distress/ Fundacion pa Hende Muhe den Dificultad (FHMD) has run panel discussions and information campaigns to mark the International Day for the Elimination of Violence Against Women. The media also pays attention to this issue.

Last year the Aruban Human Rights Committee (MRC) organised a number of lectures at the IPA teacher training college on the theme of gender and human rights for students and teachers, and for the pupils in the human services sector of middle level professional education (EPI). The EPI also helped organise an exhibition at the Public Library to mark the anniversary of the Universal Declaration of Human Rights (on 10 December). The MRC published a number of newspaper articles in connection with the anniversary. The MRC, FHMD and AI Aruba are to organise a joint awareness-raising event to mark this year’s International Day for the Elimination of Violence Against Women.

However, limited resources, minimal investment in the national machinery and the difficulty of carrying out research more relevant to policy focused on the status of women has meant that, despite all the efforts, implementation of an integrated gender policy is not running smoothly.

Article 5: Stereotypes

Strategies in favour of equal educational opportunities for girls

Statistical data prove that in Aruba girls do not enjoy fewer educational opportunities than boys. Girls do better in school, and are less likely to repeat a year or be transferred to special education than boys. Those who go to the Netherlands to study gain better results and return more often to Aruba. Though Aruba has no problems with respect to access and equity issues, it does have problems in the domain of the real emancipation of girls. Girls choose to study in specific fields and are less inclined to opt for a technical subject. At all levels of education, in terms of content and orientation the curriculum still promotes a very traditional, submissive and dependent role for women and girls in all spheres of life. It should be noted, however, that one effect of the introduction of the basic general cycle in vocationally oriented secondary education (EPB), for the 12-14 age group, has been that both girls and boys take domestic as well as technical subjects. Although, for a number of years now, girls have attained a relatively high level of schooling in Aruba, they still do not occupy management and leadership positions on the island. Curriculum reforms in both primary and secondary schools aim at developing life skills and respectful interpersonal relationships. It is hoped that this will also benefit the emancipation of female students. It is however crucial that more specific attention be given to emancipatory education for girls in Aruba.

Violence against women

Further to the previous report, we can report that a Domestic Violence Committee was recently established within the Aruban police force (KPA), with the task of defining domestic violence for the KPA and studying the nature and scale of the problem in Aruba. It will then be required to put forward an action plan to deal with domestic violence. Initial indications are that domestic violence is a frequent occurrence in Aruba, and that it is directed mainly at women and children. Until recently, little help was available to victims. The primary role of the police is to investigate and possibly prosecute the suspect. Little emotional support and help has been available for victims, although a victim support agency is now being set up to take on this task. Collaboration between the police and victim support is a step in the right direction, but tackling domestic violence will require a broader, integrated approach. The bodies involved not only have a role in dealing with domestic violence. They are also often important sources of information about matters such as trafficking in women and children. This information must be channelled and analysed if the KPA is to keep proper records of trafficking in women and children.

According to figures from the Foundation for Women in Distress, in both 2002 and 2003 the number of new reported cases of marital abuse was 159. This represents about 0.4% of all women aged 15 years or over. One should bear in mind that the figures recorded at the foundation represent only reported cases, so they may misrepresent the actual situation. Local and foreign-born women report abusive behaviour by their spouse in almost equal numbers. In 2002, 45.3% of the reported cases involved local women; in 2003 the figure was 52.8%.

Article 6: Traffic in women and prostitution

Trafficking in persons in Aruba

No data are available concerning human trafficking in Aruba. According to information from the police force and the Public Prosecutor’s Office no evidence has so far been found, either of child prostitution or of women being trafficked or forced into prostitution against their will. There have been no prosecutions so far, nor have any complaints been submitted in this regard.

However, small ads magazines and newspapers do carry advertisements for escort agencies, a sector where there is a potential risk of trafficking in women.

The government is aware of the possible triggers for the abuse of women and, given the situation in the region, does not exclude the possibility that it may also occur in Aruba. The Coast Guard of the Netherlands Antilles and Aruba and Warda Nos Costa (‘Guard Our Coast’) are making great efforts to intercept illegal immigrants on board vessels and on shore.

The Public Prosecutor’s Office is launching an investigation into urban prostitution. This is in response to the need for an overview of the situation to improve the authorities’ grip on the problem of prostitution. The investigation will also focus on whether child prostitution and trafficking of women do indeed take place in Aruba. The investigation will start before the end of this year and is due for completion by June 2005.

The police force is currently in an important phase of its reorganisation process, in which modernisation plays an important role. In this regard particular attention is being given to setting up a good data collection and analysis system for the registration of trafficking in women and children, sex tourism, pornography and other relevant data.

Migration survey

The Central Bureau of Statistics conducted a migration survey in the period May- August 2003. Respondents were asked, among other things, if they had had to pay an “intermediary” to come to Aruba. Although no specific questions were asked on the subject of trafficking, an in-depth interview was conducted among a number of the respondents. The answers received gave no indication that trafficking is going on.

New legislation on sexual offences

On 22 August 2003 new legislation on sexual offences entered into force in Aruba, amending, extending or introducing penalties for sexual offences and a number of other related provisions. The most important changes in this regard were the extension of the right of complaint to a larger group and the extension of the period for reporting sexual assault. The new law also contains provisions on marital rape, trade in and possession and distribution of child pornography, forced prostitution and stalking. Under the terms of the new law, incitement to child prostitution carries a heavier penalty, as does trafficking in children. In addition, the criminalisation of the abuse of male minors is now far more extensive than before. The new law also increases the sentence on the ban of brothels in case of minors and forced prostitution. Furthermore, the current provision on the prohibition of trafficking in women has been changed to a prohibition on trafficking in human beings and trafficking in workers.

The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the UN Convention Against Transnational Organised Crime and Protocols are in the process of being ratified.

Article 7: Public and political life

There are currently two women government ministers (from a total of nine) and four women MPs (from a total of 21). During the previous government’s period in office, the figures were almost the same: two women ministers and five women MPs. The posts of Procurator General and Deputy Governor are currently held by women. There are presently two women judges and three women public prosecutors, representing 33.3% and 60% of those positions respectively.

Within the uniformed services (operational ranks) the number of women is as follows. The Aruban police force (KPA) has 94 women officers (22.3%) out of a total of 421. The customs administration employs 41 women (27%) among its total staff of 152. The Correctional Institution (KIA) has 15 women prison officers (19.5%) out of a total of 77. Almost 6% of the staff of the Special Security Service and 12% of the Netherlands Antilles and Aruba coastguard are women. In the fire service, only 2 (1.5%), out of a total of 136, are women.

Article 9: Nationality

The new Netherlands Nationality Act 2003 (Bulletin of Acts and Decrees (Staatsblad) 2000, 618 and 2002, 222) entered into force throughout the Kingdom on 1 April 2003. Women and men have equal status under the new Act. A foreign woman married to a Dutch national may obtain Dutch nationality on request, but is not compelled to do so. A woman with Dutch nationality cannot be forced to relinquish her nationality if her spouse acquires another nationality. A legitimate child born to a Dutch mother (i.e. a woman with Dutch nationality) retains Dutch nationality if the father has another nationality, until such time as it is able to choose a nationality. Dutch women have equal rights concerning the nationality of their children in the Netherlands, Aruba and the Netherlands Antilles.

The Netherlands Nationality Act also gives minor children improved status in the granting of Dutch nationality by means of naturalisation. The same applies to the obligation to hear the views of minors in the event of the acquisition of Dutch nationality by option and naturalisation. The possibility of acquiring Dutch nationality by option has also been extended. Time spent illegally in the Netherlands no longer counts for naturalisation. The integration test has also been tightened up. The new legislation focuses more on combating fraud. If someone is found to have obtained Dutch nationality fraudulently, it can be withdrawn.

Acknowledgement of paternity and the Netherlands Nationality Act

Acknowledgement of paternity of a foreign national means that the foreign offspring in question acquire a relationship under family law with the man who has acknowledged paternity. He must provide maintenance for any minor children, and any children whose paternity he has acknowledged will share any inheritance with any legitimate children. If a Dutch national born in Aruba (an Aruban) acknowledged paternity of a minor foreign national, that child automatically and immediately became a Dutch national under the old Netherlands Nationality Act. As a result of the amendment to the legislation with effect from 1 April 2003, a minor child no longer immediately acquires Dutch nationality when its father acknowledges paternity. It must be confirmed that the Dutch parent lives with the foreign mother and has cared for the child for three years (Netherlands Nationality Act, section 6, subsection 1, opening words and at c). The parents can then opt for the child to take Dutch nationality. If an Aruban father wishes his child to acquire Dutch nationality immediately, he must acknowledge paternity before the child is born. Under the Netherlands Nationality Act, a person above the age of eighteen who is acknowledged as the child of an Aruban does not immediately acquire Dutch nationality. He or she must apply for naturalisation. On applying for Dutch nationality, he or she must have a residence permit, have resided legally in the Kingdom for five years and there must be no objections to granting permanent residence.

Article 10: Education

Non-schoolgoing children

In connection with the obligations ensuing from a number of international human rights agreements, and in preparation for the introduction of compulsory education, a Non-schoolgoing Children Steering Group was established in May 2000. It had the task of establishing how many children aged 4-18 in Aruba do not attend school, and why. The results of this study would be used to examine what steps should be taken to ensure these children receive an education. For more information on educational participation in Aruba, and the results and proposals put forward by the Committee for the Incorporation of Non-schoolgoing Children, see the information in part VII of the initial report by Aruba on the Convention on the Rights of the Child.

Compulsory education

A draft Compulsory Education Ordinance is currently before Parliament (the Staten van Aruba). It places two obligations on parents/carers, designed to ensure that as many children as possible (both girls and boys) attend school. Parents are obliged to ensure that their child is registered as a pupil at a school. This applies from 1 May of the school year in which the child reaches the age of four. Parents are also obliged to make sure their child attends school during regular school hours until he or she has completed the education offered by a school for vocational education or a school for general secondary education, or has reached the age of 17.

Educational reform

Various educational reform projects are looking into the possibility of introducing new subjects or making changes to existing subjects in the field of health, personal care and sex education. All schools are equally accessible for boys and girls, so girls can take advantage of the education on offer in the same way as boys.

Further to the previous report, we can now report that a new subject – personal development – was introduced in general secondary education as of 1 August 2004. This subject covers the development of certain skills in adolescents that will help them make their way in society, otherwise known as ‘life skills’. In this sense, this subject is designed to impart prevailing social values to students.

Educational information regarding the health and wellbeing of families

Three NGOs are active in ‘family life education’, organising regular lectures, courses and workshops. It is by no means clear whether what is currently on offer is enough.

Article 11: Employment

Draft National Ordinance on Childcare

The number of daycare centres has increased sharply since the 1970s, partly as a result of women’s increasing participation in the labour market, and the loosening of family and other ties, which used to play a major role in the care of children. The private sector has met most of the growing demand for childcare. To prevent unbridled growth, and in the interests of the children in daycare, the government believes a legal framework needs to be created to safeguard standards. In response to this, the Legislation and Legal Affairs Department has produced a draft National Ordinance on Childcare, which introduces compulsory licensing for the operators of daycare centres. They will have to meet certain standards of care in order to qualify for a licence.

In preparation for the introduction of the National Ordinance, a study was conducted to test the existing childcare facilities in terms of the proposed requirements. Besides highlighting discrepancies between regulations and practice, this also provided an indication of the costs involved and the extent to which daycare centres are able to afford them.

On the basis of the research results, which date from 1 April 2004, an advisory committee was recently established with the task of recommending measures. Further calculations are currently being performed to establish the feasibility of the National Ordinance. Recommendations on the implementation of the Ordinance are expected in late 2004/early 2005. Good, affordable childcare is a matter of high priority at the moment, as it is regarded as a prerequisite for improving women’s rights, enhancing their prospects on the labour market.

General Health Care

As mentioned in the previous report, General Health Insurance (AZV) was introduced in Aruba on 1 January 2001 and everyone registered as resident in Aruba is now compulsorily insured. Once registered for the scheme they qualify for a basic insurance package, consisting of primary medical care, specialist medical care, hospitalisation and prescription drugs.

There are currently 34 general practitioners distributed over the island. Most have a single practice, though some share their practice with another physician. There is a wide range of specialists in Aruba, with some 67 specialists representing around 20 different specialisms. Seven of the general practitioners and nine of the specialists are women.

In November 2001 the Department of Health of Aruba conducted a health survey (GOA 2001), interviewing a total of 1,000 individuals. The overall purpose of the survey was to obtain data about the health of the Aruban population, particularly the way respondents viewed their own state of health.

In 2001 a non-profit organisation called Fundacion pro Lechi Mama Aruba (Mother’s Milk Aruba) was set up to deal with various aspects of breastfeeding.

Adolescent fertility can be defined as the annual number of births per 100 women aged 15-19 years. Currently, the figure is 5.1 per 100 for Aruba. In 1991 it was 5.8. In this regard reference is also made to Part VI (C) of the CRC.

During the period April 2000 to March 2001 a total of 156 children were born in Aruba to women in the 15-19 age group. This constitutes 12.5% of all births in that period. The majority of the children were born outside wedlock (83.3 percent). Between the ages of 15 and 20, if a girl does not yet have a child, her chance of still being in school is 86.3%; once she has a child this drops to 36%.

In terms of causes of death, Aruba can be grouped together with the Western countries, where mortality due to communicable diseases is now under control, but where so-called diseases of civilisation (heart disease, cancer) have taken over, mainly as a result of unhealthy lifestyles (bad diet and too little physical activity). The distribution of causes of death among women was as follows for the year 2001: 27.3% diseases of the circulatory system, 23.2% neoplasms, 11.6% diabetes, 11.1% communicable diseases and 5.6% external causes.

HIV/AIDS

A Strategic Plan (SPDF plan), mentioned in the previous report, which contains a comprehensive programme for the prevention and control of HIV/AIDS in Aruba, was implemented in 1999-2001. The plan has not yet been evaluated.

Upon completion of the HIV/AIDS Situation and Response Analyses in Aruba in September 2001, performed with the support of the United Nations Development Programme (UNDP), a National Consultation was held in 2002 for the development of a National Strategic Plan for an Expanded Response to HIV/AIDS in Aruba. Following the consultation, a Sensitisation and Advocacy Session was conducted with members of the Government and Parliament.

The National Strategic Plan (2003-2007) on HIV/AIDS for Aruba is part of the Subregional Strategic Plan of the Pan-Caribbean Partnership. The Plan comprises several priority areas, including vulnerable groups such as women and girls and female sex-workers. It was developed with financial and technical support from UNDP. A proposal for the funding of the Plan was submitted to the European Union for approval. It was rejected in December 2003. The proposal was revised and submitted to the EU for a second time in 2004.

In 2003, three persons affected by HIV/AIDS joined the UNAIDS theme group. The group meets on a regular basis. Members of the group have also attended various workshops in the region, including a train-the-trainer workshop organised by CAREC and a workshop on “Developing Networking in the Caribbean for PLWHA”. The participants in the train-the-trainer workshop are currently actively involved in training for specific target groups. In 2003, four affected people from Aruba attended the Caribbean Regional Network + for the first time. Aruba also hosted two workshops on “Networking” and a workshop organised by CRN+ for infected and affected people.

During the period under review the theme group has organised many activities to raise awareness of this issue, including lectures in schools, television and radio commercials and programmes, a poster contest for young people and distribution of condoms during the carnival seasons. In 2003 the theme group and the Department of Education launched a book in Papiamento on HIV/AIDS for students in the third grade of secondary education. In 2004 the focus has been mainly on young people and the PLWHA.

In addition to the information provided in the previous report on the treatment and care of AIDS patients, mention should be made of inpatient hospital care which is provided whenever it is clinically indicated. The White Yellow Cross Foundation has home nursing services for HIV/AIDS patients. However, no AIDS patient has yet requested their services.

In the period 1987 to December 2003, a total of 383 cases of HIV were reported to the Department of Public Health. The female:male ratio is 1:2. From 1993-2003 the average number of new infections was 29; 61% were male and 35 % female. 61% of the reported HIV cases were aged between 20 and 39 years; 64% male and 33% female. See also Annex III.

A paediatrician is currently preparing a draft protocol on mother-to-child transmission. This will involve the provision of support and medication to infected mothers throughout pregnancy and birth. The protocol will also cover the treatment and medication of the infant.

Further to the previous report, we can report that, since 13 October 2003, the Anti-Drugs Coordination Agency, in close collaboration with the human services sector in middle level professional education (EPI), has been providing training in the care of addicts at lower vocational and middle professional level, and soon in close collaboration with the University of Aruba, the higher professional and university level education will be provided. Most students registering for the course are women (65%).

Centro Colorado is currently the only rehabilitation institute on the island that offers treatment for female clients. It has a total capacity of 72 places, 20% of which are reserved for women (12 beds). For figures on the number of women admitted, the duration of stay, age etc. at Centro Colorado in the period 1999-2003, see Annex IV.

Article 13: Economic and social life

Older women

Since 1997, the general old-age pension has been modified and now benefits both men and women. Single men and women receive the same amount of pension on reaching the age of 60. In contrast to the previous situation, if a married woman reaches 60 years of age before her husband, she is now also eligible for the married person’s pension. In the event of the death of a partner, both men and women below the age of 60 qualify for a widower’s/widow’s pension. On turning 60, he or she automatically receives the single person’s pension.

Single mothers

In 1991 a total of 1,781 households (8.2%) were single parent households. By 2000 this number had risen to 2,969, or 9.1%. In both 1991 and 2000 single mother households accounted for more than 88% of all single parent households. The majority of single mother households (53.8%) have one child, 30.1% have two children and 13.6% have three or more children. Single father households show roughly the same distribution.

Women’s participation in sport

In the 2000 census, 36,563 persons, or 44.6% of the population aged six and over, indicated that they had taken physical exercise during the week prior to the census week. Of them, 46.6% were women.

Articles 15 and 16: Equality before the courts and before the law

Further to the previous reports, we can report that women have full legal capacity and may institute the same proceedings at law as men.

Amendments to the Aruban Civil Code

Under former article 154, paragraph 2, where a married couple could not agree where the marital home should be, in principle the husband decided. The husband also had the final word on the upbringing of the children. Article 339, paragraph 2 stated that, in the event of a difference of opinion on the upbringing of the children, the will of the father would prevail. Under article 340 the father administered the child’s assets and represented the child in civil actions. Under article 69, the child was also regarded as residing with its father, even if it actually lived with its mother. On divorce, the wife was allowed to leave the marital home with the approval of the courts. The husband was then obliged to pay her maintenance. Married female (second) guardians were also unequal in status to their husband.

The above inequalities were abolished with the introduction of the new Civil Code in January 2002.

In the case of a number of other provisions, it is questionable whether there is still enough justification for treating men and women differently. One example is the difference in marriageable age. It is currently 18, with the possibility of dispensation. The age can be lowered to 16 for a woman if she can show that she is pregnant.

It is also worth noting that, in contrast to the old Aruban Civil Code, a single individual can now qualify to adopt. The possibility of adoption by married couples also still exists. There are now firm rules concerning common law marriage, so the institute of marriage is no longer the only recognised form of cohabitation.

No further distinction is made in the Kingdom between men and women and the place of residence. This also applies to their status within marriage and their freedom to enter into marriage. In Aruba, legitimate children still do not have the option of taking their mother’s family name. In all other respects Aruba meets all requirements ensuing from articles 15 and 16 and the recommendations made by the United Nations Committee on the basis of those articles.

In Aruba, according to tradition and cultural values, women are still regarded as being primarily responsible for raising children and preserving family life. As such, family responsibilities mean that women who go out to work shoulder a double burden.

Under aliens law and policy, female aliens in principle have the same rights to family reunification as men. This does not, however, apply to live-in servants and maids, policy on whom remains unchanged. They must be unmarried or divorced, and must not be responsible for small children, in connection with the fact that they have to live in.

Annex I Article 10: Education

The results of the 2000 census show that, in the age groups up to 30-34, more women than men have a university degree. After that the proportion of female graduates declines rapidly. Above the age of 45 fewer than 50 women have a university degree for every 100 male graduates. Among people with higher non-university qualifications (ISCED level 6) too, the proportion of women in younger age groups is much higher than the proportion of men.

The following table shows the number of students according to the level of programme they are currently attending. Interestingly, there are many more girls than boys at ISCED level categories 3 and higher.

School attendance is very high in Aruba: up to age 15, attendance is well above 95%.

As of June 2001 a total of 1,553 student loans had been granted by the government. These loans are granted to students to enable them to continue their post-secondary education in Aruba or abroad. Of these 1,553 students 906 were female. For the school term 2001-2002 a total of 562 loans were granted, 339 of them to women.

An analysis of literacy in Aruba was limited to persons aged between 14 and 75. Above the age of 75 many people cannot read or write because of an age-related illness. Illiteracy is very low in Aruba. According to the 2000 census 2% of males and 2.2% of females are illiterate. The highest illiteracy rate is found among people aged between 41 and 64 (45.9%), 66% of them being Aruban. After correction for sex and place of birth, 56% of all illiterate persons are women, 52.3% of whom are Aruban, 2.3% from a developed country and 45.5% from a developing country. Among men, 84.4% of illiterates are Aruban.

Structure of education system and participation rates in Aruba

The Aruban education system currently comprises the following levels of education and types of school:

Post-secondary education (middle level professional education (MBO), higher level professional education and university) for the over 15-18s, subdivided into:

As well as subsidised educational institutions, Aruba also has a number of non-subsidised institutions, which meet a specific need. For instance, Basisschool De Schakel provides pre-primary and primary education according to the Dutch system and the International School of Aruba provides a US-style study programme. The Ibero American High School was opened in September 2003. The aim of this school is to provide educational opportunities to youngsters living in Aruba who are unable to attend a regular secondary school because of the language barrier. The school currently has 120 students aged between 14 and 31, from various countries (including Venezuela and Colombia).

The number of pupils in regular education (from pre-primary school to EPI) had risen by 422 (or 2.1%) in 2002, in comparison with the previous year (Figure 1). The proportion of boys (50.3%) and girls (49.7%) is virtually equal (Figure 2), though the sex distribution varies from one type of school to another (Figure 3). The sharpest growth in relative terms was in the human services sector of EPI (Figure 4).

Many secondary school students drop out (Figure 20) or fall at the final hurdle (Figure 21); in 2001 75% of students sitting final examinations passed (Figure 22). Both the exam results (Figures 23-26) and the choice of subject combination (Figures 27-29) in general secondary education follow a fairly traditional pattern, with girls tending more towards languages than boys, and achieving better results in these subjects. Boys are more likely to opt for mathematics and exact sciences, and do better in them. The highest enrolment rate is in pre-primary education and vocational education has the highest drop-out rate (Figure 30). For many years now, Aruba has had no problems with educational participation, despite the fact that it does not yet have compulsory education.

At the University of Aruba, which currently has two faculties (Law and Economics), there are clear differences between men and women in terms of the time it takes to graduate, and drop-out rates. In 2001 the Faculty of Law produced 14 graduates (masters), eight of whom were women. The Faculty of Economics produced 14 business economics graduates (bachelors), including ten women (Figure 47).

The Instituto Pedagogico Arubano, Aruba’s teacher training college, trains teachers for the 4-8, 6-12 and 12-18 age groups. It also trains grade two secondary school teachers. The majority of the college’s students are women.

In 2001 the most popular subjects were economics, business studies, accountancy etc. (Figure 48), although there are clear differences between men and women (Figures 49/50). Women have also consolidated their majority in post-secondary education (Figure 54). The Netherlands remains the most popular country to study in, and higher professional education the most popular type (Figures 51-53).

In 2002 the number of students at evening classes rose by 17.6% (Figure 55), largely as a result of the growth in the number of students on technical courses (up 87.7%). Women are in the majority at intermediate and higher general secondary education level evening classes, while men are in the majority on technical courses (Figure 56). Young people are particularly dominant in intermediate general secondary classes (Figure 56), an indication of the shift from second chance education to second route education. The proportion of passes in evening education (Figure 58) is clearly lower than that in daytime education (Figures 21 and 22).

In the period January-December 2002, 3,503 people took Enseñansa pa Empleo (Adult education provided by the government) courses; the 1,776 women participants mostly took computer courses, language courses and cookery and personal care courses.

The CBS has published another special report based on the census results, along the same lines as ‘People of Aruba: Continuity and Change’, this one focusing on labour market developments. It highlights important shifts in the labour market, whereby developments concerning women have played an important role.

Since 1972 the total employed population has increased by a factor of 2.7. The number of women with a job has increased by a factor of 4.1. Currently, 19,420 women are employed as against 22,498 men, a sex ratio of 115.9. In 1972, the sex ratio was still as high as 227.5. In 1981 and 1991, the ratio of working men to working women was 178.5 and 135.9 respectively.

In 1972 and 1981, participation rates for women were highest in the 20 to 25 age category. In 1981, participation was highest in the 25-29 age group, while women between the ages of 30 and 35 are currently most active on the labour market. In the 15-19 and 20-24 age groups, participation rates are slightly lower than they were in 1991. This probably has more to do with the rising level of education among women (who tend to stay in education longer), than with any reluctance on their part to enter the labour market at a younger age.

Participation rates for men are particularly high between ages 25 and 50. In these age groups more than 90% of men are either working or unemployed. Women of this age still have participation rates about 15% lower than those of men. The difference between men and women becomes greater, the more advanced their age. In the 35-39 age group, men have a participation rate of 93.6% and women a rate of 80.1%. Between ages 55 and 60 men’s participation rate is 75.3%, while participation among women is only 43%.

Between the 1991 and 2000 censuses the position of women in the higher skilled occupations improved. In 1991, there were only 41.2 women per 100 men at senior management level. By 2000, the sex ratio at this level had increased to 55.2. But although serious progress has been made, there are still around two male senior managers for every female manager. Currently, 1,349 women are working at managerial level, as against 674 in 1991. The sex ratio below the age of 30 shows that more women are finding their way into professional and technical jobs. In 2000, there were over 75 women for every 100 men at these levels. This is no doubt connected with the fact that more and more women are obtaining higher qualifications. There are more women than men with a university education up to the 30-34 age group. The ISCO categories ‘Clerks’ and ‘Service workers and shop and market sales workers’ are very much female dominated. On the other hand, very few women can be found in the ISCO categories ‘Craft and related trades workers’ and ‘Plant and machine operators and assemblers’. The increase in the sex ratios for elementary occupations and sales and service workers is more a consequence of sex-specific migration than of changes in the working status of local women.

Women have a slightly higher unemployment rate (7.4%) than men. Women born in developing countries have a much higher unemployment rate (10.0%) than those born in Aruba or in a developed country (6% and 5.7% respectively).

Male university graduates have an unemployment rate of 4.9%, as against 9.7% among men without a degree. For women the figures are 6.2% and 9.8% respectively. Among all men and women with a university degree 1.2% and 3.4% respectively are unemployed.

Only a small number of working people are still in education. This applies to only 321 men and 412 women, which corresponds to 1.45% and 2.17% of all employed men and women respectively. Of these, 328 are following a programme at ISCED level 2; 96 individuals are attempting to improve their educational status by following a programme at ISCED level 6 or 7.

In the 20-25 age group, 218 men and 233 women are economically inactive. These persons are neither in school nor at work. The group includes disabled people, but excludes housewives/homemakers. The number of homemakers is practically zero, however. The number of young women who choose to stay at home instead of entering the labour market is also very small: 227 women out of a total of 6,308 women between the ages of 14 and 25 are currently active as housewives.

In 2000, the unemployment rate for young males aged 15-24 was 15.7%; the rate for women was 16.8%. In the 15-19 age group, the unemployment rate is 25.6% for men and 28.4% for women. However, the absolute number of employed and unemployed in this age group is relatively small: 858 persons below the age of 20 are in the labour force, and 384 of them are out of work. Many 16, 17 and 18-year-olds, in particular, are unable to find work.

The mean length of time unemployed persons younger than 30 years old had been out of a job was 9.2 months for men and 7.9 months for women. The median duration was 4 and 3 months respectively.

The number of women with a part-time job is considerably higher than the number of men: 9.1% of all working women have a part-time job, as against 3.7% of all men. The proportion of women working part-time is lowest in the 20-40 age group. Part-time work is much more prevalent among the youngest and oldest age groups.

Of all women aged 15 to 45 in the labour force, 18.2% are single mothers. In the younger age categories in particular, single mothers have much higher unemployment rates than other women. In slightly older age groups, the unemployment rates are much closer to those of other women. In these age groups the proportion of women with small children is also much smaller. This may be an indication that it is more difficult for single mothers with small children to find a job which allows them to combine their roles as breadwinner and caretaker.

The overall mean income from salary on the basis of the census was AWG 2242 per person. CBS used a Multiple Classification Analysis (MCA) to estimate the difference between the salary levels of men and women, after correction for intervening factors and covariates. Factors taken into consideration were occupation, educational attainment and disabled status. The covariates used were age and number of hours worked. The results of the MCA clearly shows that, after correction for the intervening factors and covariates, men’s income is considerably higher than that of women. On average, men take home about AWG 525 more per month than women.

*Registered AIDS cases 1987-2003*

Year	Male	Female	Total
1987	0	0	0
1988	1	1	2
1989	0	0	0
1990	5	1	6
1991	1	1	2
1992	2	0	2
1993	0	0	0
1994	5	0	5
1995	5	1	6
1996	2	1	3
1997	4	2	6
1998	5	4	9
1999	3	3	6
2000	0	0	0
2001	4	1	5
2002	0	0	0
2003	5	1	6
Total	42	16	58

Registered HIV cases 1987-2003

Year	Male	Female	Unknown	HIV+
1987	2	0	0	2
1988	1	2	0	3
1989	0	2	0	2
1990	9	8	2	19
1991	17	17	5	39
1992	21	8	1	30
1993	14	14	3	31
1994	12	10	0	22
1995	18	4	2	24
1996	24	13	0	37
1997	16	15	0	31
1998	17	12	0	29
1999	18	8	1	27
2000	16	11	1	28
2001	8	8	3	19
2002	17	6	0	23
2003	17	1	0	18
NR	4	3	3	10
Total	231	142	21	394

	1999	2000	2001	2002	2003
Women admitted	14	19	19	10	20
Ratio of female:male patients	1:4.5	1:4.6	1:4.6	1:4.6	1:5
Age of female patients
Minimum	26	26	31	18	15
Average	37.5	40.1	39	41.7	39
Maximum	45	55	63	63	51
Duration of stay, female patients
Minimum	6 days	8 days	7 days	1 day	4 days
Average	3.8 mths	2.4 mths	1.5 mths	2.5 mths	1.5 mths
Maximum	1.5 yrs	1 yrs	5 mths	1.4 yrs	5 mths

Ratio of female:male staff	1:2.5	1:2.2	1:2.2	1:3	1:3.6

According to the Fourth Population and Housing Census 2000, there were 3,638 more women than men in Aruba (43,434 men as against 47,072 women), giving a sex ratio of 92.2^[1]. The sex ratio decreases with age. Below the age of 15 there are actually more boys than girls. At these younger ages, there are 102.4 boys for every 100 girls. Above the age of 65 there are only 73 men for every 100 women in Aruba. Age-specific sex ratios in Aruba have been distorted by the immigration of foreign workers. Compared to 1991, the sex ratios among native Arubans have decreased, i.e. the number of men and women is now almost equal. In the 0-55 age range, there are 101.2 native Aruban men for every 100 native Aruban women. Among the foreign-born population below 55 there are only 83.3 men for every 100 women. In older age groups, the number of women, both native Aruban and foreign-born, is significantly higher than the number of men.

^[1] The sex ratio is the number of males divided by the number of females times 100. A sex ratio smaller than 100 indicates that there are more women than men.

United Nations Committee on the Elimination of Discrimination Against Women - State Party Reports