The UN Convention on the Rights of Persons with Disabilities in the Dutch Caribbean

Ever heard of the UN Convention on the Rights of Persons with Disabilities? 

This convention has been in place in the European part of the Netherlands (or European Netherlands for short) since 2016. Yet, to this day it remains to be implemented in the Caribbean part of the Netherlands (or the Dutch Caribbean for short). 

 To understand this, let’s take a quick dive in history. Around 400 years ago, the Netherlands colonised the islands of Curaçao, Aruba, Sint Martin, Bonaire, Statia and Saba. The original islanders were enslaved, with hundreds of thousands of Africans forcibly transported to the islands.   

On 1 July 1863, a law came into force which officially abolished slavery in the Caribbean territories. However, the enslaved people were forced to continue working for another 10 years. In addition, they remained bereft of rights and had no control over their future. 

After slavery was abolished, many social, economic and political changes took place. Over the years that followed, the region developed around farming as its main focus, with the local economy remaining intimately entwined with that of the Netherlands. 

Fast forward to 2010. Since then, the Kingdom of the Netherlands has consisted of four countries: the Netherlands, Aruba, Curaçao and Sint Martin. As a country, the Netherlands covers the European Netherlands as well as the islands of Bonaire, Saba and Statia. Jointly, these islands are also referred to as the Caribbean part of the Netherlands (or the Dutch Caribbean for short). 
  
This development was expected to step up the welfare and prosperity of the Caribbean Netherlands’ residents to the level of that seen in the European Netherlands. However, a high degree of inequality continues to exist, including in the area of human rights.  

The Kingdom of the Netherlands has signed a great many human rights conventions. Most of these conventions apply in all parts of the Kingdom but there are exceptions, including the UN Convention on the Rights of Persons with Disabilities. This convention applies only in European Netherlands, not in the Dutch Caribbean. 

But exactly what is the UN Convention on the Rights of Persons with Disabilities? Why is it an important convention? And how do we make sure this convention also gets to be implemented in the Dutch Caribbean? Let’s delve into this.  

The UN Convention on the Rights of Persons with Disabilities specifies that people with disabilities have the right to participate in society, just like everyone else.   

This international human rights convention protects and promotes the rights of people with disabilities. 

The convention is based on the social model. This model says that people are disabled by barriers in society, not by their impairment. The government is under obligation to  fully implement the convention . 

As explained, the convention is yet to be implemented in the Dutch Caribbean.  

The Netherlands Institute of Human Rights is the independent national monitoring body that monitors the implementation of the UN Convention on the Rights of Persons with Disabilities in the European Netherlands. The Institute believes that the convention should be put into effect in the Dutch Caribbean as well and has been urging the government to act in this matter for quite some time. 

In addition to national supervision, there is also the UN Committee on the Rights of Persons with Disabilities, which monitors the implementation at an international level of the convention in the Netherlands.  

In 2024, this committee delivered its first report on the Netherlands. Same as the Netherlands Institute of Human Rights, the UN Committee too stresses that the UN Convention on the Rights of Persons with Disabilities must be implemented in the Dutch Caribbean as soon as possible. In doing so, the government’s primary duty is to arrange for people with disabilities and their organizations to be involved at all times. In legislation and government policies that concern them, as well as in their implementation. Not just at the end, but from the very start. 

What kind of things can you already be doing if you live in the Dutch Caribbean and are disabled yourself or have a child with a disability? 

You can engage in dialogue with various government bodies on specific topics, showing that people with disabilities are unable to properly participate in society in the areas of transport, access to care, education and employment for instance. 

While holding such conversations, you can refer to the UN Convention on the Rights of Persons with Disabilities, as the convention spells out what the government should be doing in these areas. 

You can join an existing advocacy organisation or start one yourself, which will allow you to share experiences and to engage in conversation with the relevant government bodies together. 

In doing so, you can inquire as to whether financial resources are available to boost the involvement of people with disabilities. 

The Netherlands Institute of Human Rights continues to work to make sure the UN Convention on the Rights of Persons with Disabilities applies to all residents of the Netherlands. In the European Netherlands as well as in Bonaire, Saba and Statia. 

Keen to find out more? Go to our website.  
www.mensenrechten.nl