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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 also recalls that it had noted the Government’s indication that: (i) not all Dutch legislation and policies applied directly to the islands of Bonaire, St Eustatius and Saba (BES), which had become part of the country (that is, the Caribbean Part of the Netherlands), and that the Antilles legislation that had been in force on those three islands prior to the dissolution of the Netherlands Antilles in 2010, remained the same; and (ii) 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Covenant on Economic, Social and Cultural Rights (right to strike) not applicable to civil servants, had also been withdrawn for the Caribbean Part of the Netherlands. The Committee notes that the Government reiterates that this means that civil servants have the right to strike, even though it points out that the revised European Social Charter currently only applies to the European parts of the Netherlands. The Committee also notes the Government’s indication that the Civil Service Act BES and the BES Legal Status Decree for Civil Servants do not prohibit the right to strike. The Committee requests the Government to provide detailed up-to-date information concerning the legislative provisions currently governing the right to strike of civil servants (specifically confirming that section 374 of the old Penal Code of the Netherlands Antilles, or any other equivalent provision, has not been carried over into the new penal legislation), as well as on their application in practice, following the decision to revoke the restriction on the civil servants’ right to strike in the Caribbean Part of the Netherlands. The Committee requests the Government to provide a copy of the applicable legislation, and to provide information on any strike actions taken or announced by civil servants in the Caribbean Part of the Netherlands, and the results of such actions.

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

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 had previously noted the Government’s indication that not all Dutch legislation and policies applied directly to the islands of Bonaire, St. Eustatius and Saba, which had become part of the country (that is, the Caribbean Part of the Netherlands), and that the Antilles legislation that had been in force on those three islands prior to the dissolution of the Netherlands Antilles on 10 October 2010, remained the same. The Committee notes with interest 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 the Caribbean Part of the Netherlands. The Committee notes the Government’s indication that this means that henceforth civil servants also have a right to strike. The Committee requests the Government to indicate the measures contemplated or taken with a view to giving effect in law and in practice to the decision to revoke the restriction on the civil servants’ right to strike in the Caribbean Part of the Netherlands, including by aligning the relevant legislation with the Convention.

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

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 that the Government indicates that not all Dutch legislation and policies apply directly to the islands of Bonaire, St. Eustatius and Saba, which became part of the country, and that the Antilles legislation that was in force on these three islands prior to 10 October 2010 remained the same. The Committee has noted with interest the decisions taken by the Governments of Curaçao and Sint Maarten to withdraw the reservation formerly made for the then Netherlands Antilles rendering Article 6(4) of the European Social Charter (right to strike) not applicable to civil servants. The Committee requests the Government to indicate whether a similar decision is being envisaged for the Caribbean Part of the Netherlands, and requests the Government to indicate the measures contemplated or taken to amend the Penal Code, as well as section 82 of Ordinance No. 159 of 1964, so as to bring the legislation of the Caribbean Part of the Netherlands into conformity with the Convention.