Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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 report in reply to its previous direct request.

Article 2 of the Convention. The Committee notes that according to the Government legal personality has never been refused to a workers' organisation by virtue of sections 1665 to 1685 of the Civil Code (refusal in the public interest). It nevertheless requests the Government once again to indicate the possible motives that could be invoked in case of a refusal and the available channels of appeal in case of a refusal.

Article 3 of the Convention. The Committee notes that the Government acknowledges in its report that strikes by public employees, including teachers in the public sector, are forbidden by law (section 347(a)-347(c) of the Penal Code and section 82 of Ordinance No. 159 of 1964). The Government nonetheless states that public employees have resorted to strikes on several occasions and that the local courts consider such strikes to be legal on condition that they are justified.

The Committee recalls that the principle whereby the right to strike may be limited or prohibited in the public service or in essential services would become meaningless if the legislation defined the public service or essential services too broadly. The Committee has always considered that the prohibition should be confined to public servants acting in their capacity as agents of the public authority or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

In these circumstances, the Committee asks the Government to envisage amending or repealing section 347(a)-347(c) of the Penal Code in order to bring its legislation into line with national case law and practice and with the principles of the Convention, and to provide information on any progress in this respect in its next report.

The Committee also asks the Government to indicate in its future reports whether strikes of public servants not acting in their capacity as agents of the public authority have been prohibited by local courts.