Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Sint Maarten

Previous comment

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2023, reiterating the comments made in the discussion held in the Conference Committee on the Application of Standards in June 2023 on the application of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, June 2023)

The Committee takes note of the discussion that took place in the Conference Committee on the Application of Standards (Conference Committee) in June 2023 concerning the application of the Convention. The Committee observes that the Conference Committee urged the Government, in consultation with the social partners, to: (i) fully implement all pending recommendations of the Conference Committee; (ii) refrain from any undue interference with the right to freedom of association of employers’ and workers’ organizations, including any interference through the promotion of organizations that are not freely established or chosen by workers and employers, and ensure that this right is fully guaranteed both in law and in practice; (iii) ensure in law and practice the ability of workers’ and employers’ organizations to establish higher-level organizations in full freedom, including for the purpose of participation in the Socio-Economic Council (SER); (iv) ensure that workers’ and employers’ representatives on the SER are appointed by autonomous organizations freely established by workers and employers and convene the SER without delay; (v) engage in a dialogue with autonomous organizations freely established by workers and employers on all matters affecting their interests or of their members; and (vi) ensure that public sector workers are able to fully exercise the rights and guarantees protected under the Convention in law and practice. The Conference Committee once again encouraged the Government to request technical assistance from the ILO, with a view to bringing national law and practice fully in conformity with the Convention. Finally, the Conference Committee requested the Government to provide a report containing information on all measures taken and progress achieved to the Committee of Experts before 1 September 2023.

Article 3 of the Convention. Right of organizations to elect their representatives in full freedom. The Committee had previously noted with deep regret the information from the Sint Maarten Employers Council (ECSM) that the Government had apparently granted the Soualiga Employer Association (SEA), whose establishment had been facilitated by a governmental agency, one seat on the SER, and had urged the Government to ensure that workers’ and employers’ representatives to the SER are only appointed by organizations which are freely established or chosen by workers and employers and to engage with the ECSM on matters affecting its interests. The Committee notes with deep regret that the Government indicates that the SEA is a legally established organization, that section 3 of the National Ordinance of the Social Economic Council of Sint Maarten allows for multiple employer organizations to be represented on the SER, and that nomination letters dated 23 May 2023 were sent to the ECSM and the SEA to ask them to jointly select three members for the term 2023-2026 of the SER. The Committee also notes the Government’s indication that it met with the ECSM to discuss the applicability of the Convention, and that it requested technical assistance from the Office. The Committee strongly urges the Government to take the necessary steps to ensure that the employers’ representatives to the SER are only appointed by organizations which are freely established or chosen by employers, and requests it to provide information on any progress made in this regard.

Right of workers’ organizations to organize their administration and activities. In its previous comments, the Committee had requested the Government to specify whether public employees, who were prevented from striking by section 374(a), (b) and (c) of the old Penal Code, are forbidden from striking under the Penal Code of 2015. It had also noted that the National Ordinance on Substantive Civil Service Law had been amended to allow the courts to forbid strikes which threaten public welfare or safety, and requested the Government to provide detailed information on the circumstances in which strikes may be prohibited on the basis of that Ordinance. The Committee notes with regret that the Government does not provide any information in this regard. The Committee once again requests the Government to indicate whether public employees, such as teachers, are forbidden from striking under the new Penal Code, and to provide a copy thereof. The Committee also reiterates its request that the Government provide detailed information on the circumstances in which strikes may be prohibited based on the National Ordinance on Substantive Civil Service Law.