Legal Division & Treaties

The primary function of the legal division of the Department of Foreign Affairs is to advise the Government of Aruba in general and the Prime Minister in particular on the legal aspects of international developments. These developments take the form of meetings, negotiations, international conferences and very often international treaties. The legal division evaluates in close cooperation with other relevant government departments whether an international or bilateral agreement is of importance to Aruba (more on treaties below). The legal division advises and supports many governmental committees that work on a great number of issues (for example human rights, rights of the child, population and development, aids task force, money laundering, migration, corruption, asylum).
The legal advisers endeavor to ensure that international agreements and norms are translated into national policy and legislation,

Treaty information

Concluding treaties is a way of forging relations with other countries regarding a wide range of subjects. The Kingdom of the Netherlands is currently party to over 6000 treaties and signs about 100 new every year.

The legal definition of a treaty is a binding arrangement concluded in writing between states and an international organization. It can have several different names, but whether it is called an agreement, an accord, a convention or a protocol it is still a treaty.

There are two types of treaty: bilateral and multilateral. A bilateral treaty is between two parties. A multilateral treaty is signed by more parties. Treaties can be about almost any subject. Examples are aviation, human rights, terrorism and extradition.

Although the words "the Netherlands" are often used to refer at the Kingdom as a whole, the Kingdom of the Netherlands comprises of the Netherlands in Europe and the Netherlands Antilles and Aruba in the Caribbean.

A treaty is usually signed on behalf of the Kingdom as a whole. Then each part of the Kingdom decides whether the treaty should apply to it. The Legal Division of the Department of Foreign Affairs plays a key role in the advisory process leading to the decision of whether a treaty should be extended to Aruba or not. The three legal advisers of the division work in close cooperation with the Treaties Division of the Ministry of Foreign Affairs in the Hague.Presently about 1400 treaties apply to Aruba.

When negotiating treaties affecting matters which essentially fall within Aruba's autonomous sphere of interest and which only apply to Aruba, it is entirely customary for the Aruban authorities to conduct negotiations themselves, sometimes with help (logistic or otherwise) from the Ministry of Foreign Affairs in The Hague. It goes without saying that negotiations are ultimately held in accordance with the rules applying when the Kingdom accedes to a treaty; only the Kingdom has the authority to sign a treaty.

Human Rights Treaties

Since the adoption of the Universal Declaration of Human Rights in 1948, an extensive set of human rights instruments has been created. International human rights norms have gradually been expanded and refined in conventions and agreements. These norms seek to set a minimum standard of human dignity: that is, the dignity of every individual, regardless of the wider contexts like tribe, social class and state, of which every human being is part. Human rights are therefore universal by definition and apply to everyone, everywhere at all times. Over the years, the view that their universality is precisely what makes them the legitimate concern of the international community has gained acceptance. Since the Second World Conference on Human Rights in Vienna in 1993, the inalienability of all human rights has been increasingly emphasised. Civil and political rights are inextricably bound up with economic, social and cultural rights.

Aruba is party to many treaties containing provisions regarding human rights, including:

1. The International Covenant on Civil and Political Rights;
2. The International Covenant on Economic, Social and Cultural Rights;
3. The International Convention on the Elimination of all Forms of Racial Discrimination;
4. The Convention on the Elimination of all Forms of Discrimination against Women;
5. The International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
6. The European Convention for the Protection of Human Rights and Fundamental Freedoms;
7. The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;
8. The European Social Charter;
9. The Convention on the Rights of the Child.

The Legal Division coordinates the preparation of the reports which Aruba, in accordance with its obligations as defined in these treaties, periodically submits to the United Nations supervisory committees. (Link to UN Reports.)

Publication

Treaties to which the Kingdom of the Netherlands is or will be a party are officially published in the Netherlands Treaty Series (Tractatenblad). This contains treaty texts and other information: the a parties to a treaty, the dates when it was signed, when in entered into force for the Kingdom or ceased to apply.

The Treaty Database (Verdragenbank) contains all information about treaties. For the time being the Treaty Database will be available only in Dutch.

Links

International Organizations and other countries also publish treaty information on the internet. See the links below:

• Council of Europe
• European Union
• Hague Conference on Private International Law
• International Labor Organization
• United Nations (partly subscription based)

Contact us

For more information on treaties please contact us

Information may also be obtained through the Treaty Information Desk at the Ministry of Foreign Affairs in the Hague:

Treaties Division
Legal Affairs Department
Ministry of Foreign Affairs
Postbus 20061
2500 EB Den Haag
The Netherlands

Telephone: (+31) (0)70-3484920
Fax: (+31) (0)70-3486000
Website: www.minbuza.nl/treaties