Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 3 of the Convention. In its previous comments, the Committee had asked the Government to amend or repeal section 374(a) to (c) of the Penal Code and section 82 of Ordinance No. 159 of 1964 which prohibit the right to strike by public employees under threat of imprisonment. The Committee had noted from the Government’s report of 1993 that the Department of Labour was undertaking a complete revision of existing labour legislation and that it was considering requesting ILO technical assistance in this regard.

It notes with regret that, in its latest report, the Government simply indicates that no changes have been made to section 374(a) to (c) of the Penal Code or to section 82 of Ordinance No. 159 of 1964, without making any further references to the labour legislation review.

The Committee trusts that the necessary measures will be taken in the near future to bring the abovementioned provisions of the legislation into conformity with the Convention and asks the Government to indicate, in its next report, the measures taken or envisaged in this regard.

In addition, the Committee is addressing a request on other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.