Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Aruba

The Committee takes note of the information contained in the Government's first report on the application of the Convention.

It would be grateful if the Government would provide additional information on the following points.

Article 2 of the Convention. The Committee notes that, under the provisions of the Civil Code concerning associations (sections 1665-1684), the competent authorities may refuse to grant legal personality to an association in the general interest. The Committee asks the Government to state whether this provision has already been applied against any trade union and to indicate the grounds invoked and the rights of appeal available in the event of refusal by the competent authority.

Article 3. 1. The Committee would be grateful if the Government would indicate whether any laws, other than the Civil Code, contain provisions which could restrict the right of workers to elect their representatives in full freedom or to stand for election to trade union office (legislation on citizenship, bankruptcy, elections, Criminal Code, etc.).

2. The Committee asks the Government to indicate the meaning and scope of section 14.1.3 of Ordinance No. 99 of 1932, prohibiting any association that compromises the exercise of the rights of others, and in particular to state whether this provision has already been applied in the event of strikes.

3. The Committee requests the Government to indicate whether sections 347a-347c of the Penal Code of the Netherlands Antilles are in force in Aruba and, if so, to provide a copy of the text. The Committee understands that, read in conjunction with section 82 of Ordinance No. 159 of 1964 containing the Conditions of Service of Public Servants, these provisions prohibit the right to strike of the persons covered by the above Ordinance.

The Committee would therefore be grateful if the Government would indicate the meaning and scope of the above-mentioned sections of the Penal Code and Ordinance No. 159 of 1964, in respect of public sector employees, including teachers, other than those acting in their capacity as agents of the public authority.

4. The Committee notes that dispute settlement in the private sector is governed by the Ordinance of 1946 respecting labour disputes. The Committee gathers from the available information that this Ordinance was amended in 1957 and 1972 with a view to prohibiting strikes in the vital sectors of the economy and/or pending termination of conciliation procedures. These amendments also appear to suspend the right to strike in these services for a period of 90 days.

The Committee requests the Government to provide the text of the 1957 and 1972 amendments and the list of vital sectors of the economy covered by these provisions if the latter still apply in Aruba.