Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee takes note of the observations provided by the International Organisation of Employers (IOE) in a communication received on 1 September 2014.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. The Committee recalls that, in its previous comments relating to the Netherlands Antilles, it had been commenting for a number of years upon the need to amend section 374(a), (b) and (c) of the Penal Code and section 82 of Ordinance No. 159 of 1964 containing the Conditions of Service of Public Servants, which prohibited public employees, including teachers, from striking under penalty of imprisonment. The Committee notes the detailed information provided by the Government of Curaçao. In particular, it notes with interest that the Government states that the restriction formerly made for the then Netherlands Antilles, which rendered Article 6(4) of the European Social Charter (right to strike) not applicable to civil servants, has been annulled with the accord of the Government at kingdom level. In this regard, the Committee notes the Government’s indications that: (i) a committee with members of several ministries investigated whether relevant provisions in the Penal Code, the Civil Code and the Ordinance on Civil Servants had to be changed; and (ii) in practice the restriction is void because strikes were in most cases declared justified by the Court of Justice of Curaçao. The Committee requests the Government to provide information on the outcome of the deliberations held by the interministerial committee and any legislative measures taken with a view to giving effect to the decision to annul the restriction on the civil servants’ right to strike, thus bringing the legislation of Curaçao into conformity with the Convention.