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

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

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 Sint Maarten. In particular, it notes with interest the Government’s statement that it decided to withdraw the reservation 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. In this regard, the Committee notes that the Government indicates that the Penal Code which in the past reflected the restrictions on the civil servants’ right to strike is presently being reviewed, and that the amendments will include this right for civil servants and will be proposed by the Ministry of Public Health and Social Development. The Committee requests the Government to provide information on any legislative measures taken in the framework of the present review of the Penal Code with a view to giving effect to the decision to withdraw the reservation regarding the right of civil servants to strike, thus bringing the legislation of Sint Maarten into conformity with the Convention.