Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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 highlighted 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 previously noted with interest the Government’s statement that it had decided to withdraw the reservation earlier made for the Netherlands Antilles under Article 6(4) of the European Social Charter, and noted the Government’s indications that the Penal Code, which in the past reflected the restrictions on the civil servants’ right to strike, was being reviewed, and that the amendments would include this right for civil servants and would be proposed by the Ministry of Public Health and Social Development. The Committee observes that, pursuant to the Kingdom Act of 3 December 2014, the reservations formerly made for the then Netherlands Antilles, which rendered Articles 6(4) of the European Social Charter and 8(1)(d) of the International Covenant on Economic, Social and Cultural Rights (right to strike) not applicable to civil servants, have been withdrawn with the accord of the Government at Kingdom level, and that this is also valid for Sint Maarten. The Committee notes that the Government merely reiterates that, consequently, the Ministry of Public Health and Social Development would propose amendments to the Penal Code currently under review so as to allow for the right to strike for civil servants. The Committee observes, however, that a new Penal Code entered into force in Sint Maarten on 1 June 2015, replacing the Penal Code of the Netherlands Antilles. The Committee understands that the Commission in charge of the review of the Penal Code, had recommended that the provisions of section 374 should not be carried over as they were in violation of the Convention. The Committee requests the Government to confirm the Committee’s understanding and provide detailed up-to-date information in this regard, in particular as to whether section 374(a), (b) and (c) of the old Penal Code of the Netherlands Antilles has been carried over into the new Penal Code. Noting the Government’s indication that public sector workers generally have the right to strike but the court may forbid a strike that threatens public welfare or safety, the Committee also requests the Government to specify any other legislative provisions currently governing the right to strike of civil servants.