Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Sint Maarten

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) (Ratification: 1955)
Equality of Treatment (Social Security) Convention, 1962 (No. 118) (Ratification: 1964)

Previous comment, C.42 direct request, C.118 direct request

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 42 (workmen’s compensation, occupational diseases, revised), and 118 (equality of treatment, social security) together.

Schedule appended to Article 2 of Convention No. 42 and application of the Convention in practice. With reference to its previous comments concerning the legislation applicable in Sint Maarten following the dissolution of the Netherlands Antilles in 2010, the Committee observes that the Decree on occupational diseases of 23 December 1966 (Landsbesluit beroepsziekten) continues to be in force and that it covers the occupational diseases and toxic substances listed in the Schedule appended to Article 2 of the Convention, but not all the corresponding trades, industries and processes provided thereto. On the other hand, the Committee notes the Government’s indication in its report that Sint Maarten has a single pillar economy relying on tourism, and that the Ministry of Tourism, Economic Affairs, Transport and Telecommunication is formulating and implementing the necessary diversification strategies. The Committee further notes the Government’s indication that, according to the Labour Inspectorate, only 9 complaints were reported as directly related to occupational diseases. They were mostly related to mould infested buildings, insufficient air circulation and other associated effects such as respiratory problems, so that recommendations were given to implement preventative and protective measures in this regard. The Committee requests the Government to provide statistical information as regards: (i) the sums paid by way of compensation for occupational diseases as benefits in cash and in kind, and (ii) other information to be provided for, in accordance with the report form, as regards the application of Convention No. 42 in practice.

Articles 2(1)(b) and 3 of Convention No. 118. Equality of treatment between non-nationals and nationals – sickness benefit. The Committee notes the information provided by the Government regarding the crisis that followed the occurrence of the hurricanes in 2017 and of the Covid-19 pandemic in 2020. The Committee notes the measures taken by the Government as regards social protection, such as Crisis care, Temporary shelter, food aid and the Emergency Income Support Training Program, among others. Considering the obligations pertaining to the sickness benefit branch (Article 2 (1)(b) of the Convention), accepted by Sint Maarten, the Committee requests the Government to indicate the manner in which equality of treatment of non-national workers with national workers is ensured in practice within the territory of Sint Maarten, regarding the grant of sickness benefits to persons who are nationals of any other member State for which the Convention is in force, as required by Article 3 of Convention No. 118. The Committee further requests the Government to provide the information concerning the application of the Convention in practice, as regards: (i) the approximate number of foreign workers in the territory; (ii) their nationality and (iii) their occupational distribution.